A. 
Purpose. The purpose of this section is to reasonably control the number and types of animals being maintained within the commercial and industrial zones in order to protect the peace, health, and safety of residents and to preserve the urban and suburban quality of the environment.
B. 
Animals Allowed. No animal shall be kept or maintained within the commercial and industrial zones except as follows:
1. 
Household Pets. For any existing residential use in the commercial and industrial zones, household pets may be kept to the same extent permitted in the RS zones of Division 3.
2. 
Domesticated animals such as horses, mules, cows, goats, or sheep may be kept only in permitted equestrian establishments and theme recreational parks.
3. 
Wild animals may be kept only as follows:
a. 
In a permitted zoo;
b. 
In an educational institution for the purpose of instruction, provided such animals are securely confined and properly cared for in a manner satisfactory to the Orange County poundmaster;
c. 
At an entertainment establishment only as specifically provided for under the terms of a conditional use permit.
4. 
Animals of a type permitted in the commercial and industrial zones by the above provisions of this subsection may also be kept for a temporary period in a permitted animal hospital or kennel provided suitable facilities for such animals are available.
C. 
Limitations.
1. 
No person shall keep, maintain, or permit on any lot, parcel of land or premises under his or her control, any animal which by any sound or cry disturbs the peace and comfort of the inhabitants of the neighborhood or interferes with any person in the reasonable and comfortable enjoyment of life or property. Nor, shall any person maintain any animals in such a manner as to cause the breeding of flies or the creation of obnoxious odors, or in any manner which becomes or is a nuisance or health hazard.
2. 
All animals shall be kept under control at all times by leash, fences, pens, corrals, cages, or suitable enclosures within buildings.
3. 
All animal-keeping structures shall conform to any applicable zoning and building code requirements.
4. 
Any premises where animals are kept shall be open to reasonable inspection by City personnel and other public officers who have responsibility for enforcement of animal control regulations.
A. 
Purposes. The purposes of this section are to ensure that dry cleaning operations which are located in commercial zones are limited to retail service, do not become industrial operations, and do not become hazardous.
B. 
Limitations. The following requirements shall apply to retail cleaning establishments located in any commercial zone:
1. 
A retail dry-cleaning establishment shall not conduct dry cleaning operations for any other facility or retail outlet.
2. 
All cleaning equipment shall utilize a synthetic solvent approved by the National Board of Fire Underwriters, the State Fire Marshal, and the Chief of the Buena Park Fire Department.
3. 
The type and structural qualities of the building where such establishment is located shall be inspected and approved by the City's Building Official.
4. 
There shall be not more than 2 clothes cleaning units in each such establishment, and each such unit shall have a rated capacity of not more than 40 pounds.
A. 
Purpose. The purpose of this section is to distinguish bona fide restaurants which incidentally serve alcoholic beverages (and which may be permitted by conditional use permit in the more restrictive commercial zones) from establishments which are primarily cocktail lounges or bars.
B. 
Requirements.
1. 
Any restaurant which serves alcoholic beverages and is located in a zone which does not permit cocktail lounges or bars, shall provide such alcoholic beverage service only as an incidental activity to the primary activity of food service.
2. 
Each such restaurant shall keep records of food sales separate from records of alcoholic beverage sales and make such records available to City inspection personnel for the purpose of enforcing this section.
3. 
At least 50 percent of the indoor and outdoor area provided for the service of customers shall be arranged and equipped with tables and chairs and/or table-height counters for dining use. Any bar or lounge areas for the separate service of alcoholic beverages shall be separated from dining areas by partitions or fixed screens.
A. 
Findings and Purposes.
1. 
It is found that game machine arcades create special problems of noise, congestion, interference with nearby activities, and policing.
2. 
The purposes of this section are to control the location, size, and operation of game machine arcades in order to minimize adverse effects and promote compatibility with surrounding activities to the maximum ex-tent possible.
B. 
Definitions. The following words shall have the following meanings:
1. 
Amusement device.
"Amusement device" means any machine, game, or device which may be played or operated by the public for amusement or recreation, the use of which is subject to the payment of a fee or is controlled by placing therein coins, slugs, discs, keys, or similar devices. This definition includes video games, pinball machines, ski ball games, shuffleboard games, and games and devices of a similar nature. This definition does not include jukeboxes, vending machines, and similar devices which do not involve an element of skill or chance.
2. 
Game machine arcade.
"Game machine arcade" means an establishment where the predominant activity is the use of amusement devices, or that portion of any other establishment where four or more amusement devices are available to the public.
C. 
Location and Use Approval.
1. 
Game machine arcades shall be permitted only by conditional use permit and only in those zones specified for game machine arcades in Section 19.512.010.
2. 
A game machine arcade shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity.
3. 
A game machine arcade shall be located at least six hundred feet from any school, adult business, or another game machine arcade, and at least three hundred feet from any residential zone, cocktail lounge, or bar.
D. 
Design and Operation. A game machine arcade shall be arranged in such a manner that all amusement devices and public spaces can be viewed from a single supervisory or cashier station. A responsible adult employee of the establishment shall be on duty throughout the hours that such establishment is open.
A. 
Findings and Purposes.
1. 
It is found that automobile service stations create special problems of traffic friction, congestion, and hazard, especially at street intersections, and that such stations differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, and development.
2. 
The purpose of this section is to minimize the adverse effects of service stations while enabling the provision of reasonably convenient automobile service and promoting compatibility with surrounding activities.
B. 
Permitted Uses. The primary activity at an automobile service station shall be the dispensing of motor vehicle fuel. In addition, the following incidental activities are permitted:
1. 
The supply of water and pressurized air;
2. 
Hand washing, waxing, and polishing of motor vehicles not occupying an area of more than five hundred square feet;
3. 
Sale of motor vehicle accessories;
4. 
Minor repair and service of motor vehicles limited: to lubrication, changing of oil and transmission fluid, replacement of wiper blades, fuses, lamps, filters, batteries, and other minor accessories, repair of minor accessories, brakes and water pumps, minor electrical repairs, patching, changing and mounting of tires, wheel alignment, battery charging, tune-up, and similar repairs and services; and
5. 
Public restrooms.
C. 
Location. A service station shall have frontage on a highway, shall be at least three hundred feet from any school, park, public playground, or similar use, and shall be at least five hundred feet from any other service station on the same side of a street except at an intersection of two highways where a maximum of two stations may be permitted on the corners of such intersection.
D. 
Site Requirements. A service station site shall be at least one hundred fifty feet by one hundred fifty feet or the minimum required for the zone in which located, whichever is greater. The site shall have a frontage of at least one hundred fifty feet on a highway. A service station may be modified or rebuilt on an existing service station lot with site dimensions less than required in this section provided that all other development standards of subsection E of this section and other applicable sections of this Division shall be satisfied.
E. 
Development Standards.
1. 
All activities shall be conducted within buildings except dispensing of fuel, oil, water and air, replacement of minor accessories and parts, changing of tires, attachment and detachment of trailers, and hand washing, waxing, and polishing.
2. 
Setbacks. Notwithstanding the applicable setback regulations, canopies over pump islands, whether attached to a building or not, may extend to within ten feet of street property lines.
3. 
Landscaping. In addition to all development standards of the zone in which located, a landscaped buffer strip five feet wide shall be provided along all interior lot lines except where such area is occupied by buildings or driveways.
4. 
Service Bays. Service bays shall be located and designed pursuant to the requirements of Section 19.536.090.
5. 
Restrooms. Public restrooms shall be provided, marked with identification signs, and their entrances either screened from direct view or located inside a building.
6. 
Driveways. Driveways at the point of crossing a street property line shall be located as follows:
a. 
Not less than thirty feet from the point of intersection of the ultimate right-of-way lines at the nearest street intersection; except, where the station is located in an integrated development, the distance shall be at least ninety feet,
b. 
Not less than five feet from any curb return,
c. 
Not less than twenty-five feet from any other driveway,
d. 
Not less than five feet from a side property line.
7. 
Outdoor Storage and Display.
a. 
There shall be no outdoor storage for longer than twenty-four hours of any vehicle awaiting service.
b. 
There shall be no outdoor storage or display of merchandise or equipment except, in the industrial zones only, up to ten utility trailers or two-axle trucks for rent may be stored outdoors if screened from public view and not occupying driveways and required parking areas.
8. 
Trash. Each service station shall have a trash area at least eighty-four square feet in area and meeting the standards of Section 19.524.010.
9. 
Signs. Notwithstanding the sign requirements of Division 9 for sign regulations, the following signage shall be permitted for a service station use.
a. 
Sign Area. Each service station use shall be permitted a total allowable sign area of 300 square feet
b. 
Ground Signs. There shall be not more than one ground sign for each service station lot.
c. 
Wall Signs. There shall be not more than one wall sign and one logo sign for each building frontage facing a street.
d. 
Additional monument signs, wall signs, and sign area may be authorized under a conditional use permit pursuant to Section 19.128.020 for the purpose of posting fuel prices as required by the State or for identifying multiple uses such as markets or car washes permitted on the site.
F. 
Environmental Effects. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness, and shall comply with the requirements of Title 8.
G. 
Abandonment. Whenever an automobile service station has not been in use for more than one hundred eighty consecutive days, the use shall be considered to have been abandoned. Within six months after abandonment, all structures and facilities on the site above and below ground shall be removed and the surface of the site restored and neatly graded, unless a conditional use permit is approved for reuse of the site. Such conditional use permit shall require such site improvements and modifications of existing facilities as are deemed appropriate for the new use.
A. 
Findings and Purposes.
1. 
It is found that mechanical carwashes create special problems of traffic friction, congestion, hazard, noise, and appearance, and that such stations differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, and development in order to achieve compatibility with surrounding uses.
2. 
The purpose of this section is to minimize the adverse effects of carwashes and promote compatibility with surrounding activities.
B. 
Permitted Uses. To the extent not further restricted by the terms of a conditional use permit, the primary activity at a mechanical carwash shall be the washing of motor vehicles, including cleaning, vacuuming, drying, waxing, and polishing. Incidental activities may include those activities permitted at automobile service stations by subsection B of Section 19.552.050.
C. 
Location. A mechanical carwash shall be located so as not to be a hazard or nuisance to nearby uses, to not create traffic congestion or hazards, and to avoid conflict with pedestrian-oriented uses.
D. 
Site Requirements.
1. 
The minimum lot area for a mechanical carwash shall be twenty thousand square feet.
2. 
The site of a mechanical carwash shall have a street frontage of least one hundred fifty feet; except, for a self-service carwash, street frontage shall be at least one hundred feet.
E. 
Development Standards.
1. 
The architectural design of a mechanical carwash shall be compatible with surrounding uses and the character of the area.
2. 
All washing and all automated operations shall be within a building. The vehicular entrances and exits of such buildings shall not face a street, except provided for in Section 19.536.090.
3. 
All activities of the types permitted at automobile service stations shall comply with the requirements for such stations as provided in Section 19.552.050.
4. 
Restrooms. At mechanical carwashes, other than self-service carwashes, public restrooms shall be provided, marked with identification signs, and their entrances either screened from direct view or located inside a building.
5. 
Driveways. Driveways at the point of crossing a street property line shall be located not less than one hundred ten feet from the point of intersection of the ultimate right-of-way lines at the nearest street intersection.
6. 
Outdoor Storage and Display.
a. 
There shall be no outdoor storage for longer than twenty-four hours of any vehicle awaiting service.
b. 
There shall be no outdoor storage or display of merchandise or equipment.
7. 
Landscaping. At least ten percent of the total site area shall be landscaped. Landscaping shall be located primarily along site boundaries, including street frontages, and include trees. Submission and approval of a landscaping plan shall be a condition of the conditional use permit.
Table 19.552.060
REQUIRED PARKING AND WAITING SPACES FOR MECHANICAL CARWASHES
Parking
Waiting Ahead of Each Wash Line
Waiting After Each Wash Line
Full-Service
10
30
10
Drive-through
5
3
2
Self-Service
0
1
1
8. 
Parking. The minimum number of parking and waiting spaces to be provided shall be as shown in Table 19.552.060.
9. 
Submission and approval of a plan for the pattern of access and circulation shall be a condition of the conditional use permit.
F. 
Environmental Effects. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness, and shall comply with the requirements of Title 8.
G. 
Abandonment. Whenever a mechanical carwash has not been in use for more than one hundred eighty days, the use shall be considered to have been abandoned. Within six months after abandonment, all structures and facilities on the site above and below ground shall be removed and the surface of the site restored and neatly graded, unless a conditional use permit is approved for reuse of the site. Such conditional use permit shall require such site improvements and modifications of existing facilities as are deemed appropriate for the new use.
A. 
Findings and Purposes.
1. 
It is found that drive-in, drive-through, and walk-up window service establishments create special problems of traffic friction, congestion, hazard, noise, littering and appearance, and that such establishments differ significantly from other uses permitted in commercial zones, thus requiring special controls on location, siting, development, and operation in order to achieve compatibility with surrounding uses.
2. 
The purpose of this section is to minimize the adverse effects of drive-in, drive-through, and walk-up window service establishments and promote compatibility with surrounding uses and activities.
B. 
Location. Drive-in, drive-through, and window service establishments shall be located only on lots having street frontage on a highway. Such establishments shall be located so as not to be a hazard or nuisance to nearby uses, to not create traffic congestion or hazard, and to avoid conflict with pedestrian oriented uses.
C. 
Site Requirements.
1. 
The minimum lot size for a drive-in, drive-through, or walk-up window service establishments shall be at least one hundred fifty feet by one hundred fifty feet or as required for the zone in which located, whichever is greater.
2. 
Each such establishment shall have a street frontage of at least one hundred fifty feet on a highway.
D. 
Development Standards.
1. 
The architectural design of any drive-in, drive-through, or walk-up window service establishment shall be compatible with surrounding uses and the character of the area.
2. 
Landscaping. The site of any drive-in, drive-through, or walk-up window service establishment shall be landscaped in a manner which enhances compatibility with the surrounding area. Trees of fifteen-gallon minimum size shall be included. Any fences parallel to the street frontage shall be located to the rear of the required landscaping in the front yard area. Submission and approval of a landscaping plan shall be a condition of the conditional use permit.
3. 
Driveways. Driveways at the point of crossing a street property line shall be located not less than one hundred ten feet from the point of intersection of the ultimate right-of-way lines at the nearest street intersection.
E. 
Environmental Effects. The site of any drive-in, drive-through, or walk-up window service establishment shall be maintained neat and clean at all times. Litter on the site and any litter scattered to nearby property, streets, and walkways shall be removed at least daily. Paved surfaces on the site shall be washed at least weekly.
A. 
Purpose. It is the purpose of this section to provide regulations and standards which pertain to the review, construction, and operation of recycling facilities within the City. The placement, construction, or operation of any recycling facility, as defined in this section, is prohibited without first obtaining a permit pursuant to the provisions set forth in this section.
B. 
Definitions.
1. 
Convenience zone.
"Convenience zone" means that area within a one-half mile radius of a supermarket as designated by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act (California Public Resources Code Sections 14500, et seq.).
2. 
Recyclable material.
"Recyclable material" means reusable material, including, but not limited to, metal, glass, plastic, and paper.
3. 
Recycling facility.
"Recycling facility" means a structure for the collection of recyclable materials, certified as a recycling facility by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act. Recycling facilities include the following:
a. 
Reverse Vending Machine.
A "reverse vending machine" means one or more automated mechanical devices, which occupy a space no larger than three hundred forty-two square feet, and which are made for the collection of one or more recyclable materials in return for a cash refund or redeemable credit slip with a value not less than the redemption value as determined by the California Department of Conservation.
b. 
Mobile Recycling Unit.
A "mobile recycling unit" means and shall be a kiosk, bin, or portable container, occupying a space less than three hundred forty-two square feet, which is made for the collection and redemption of recyclable materials and which is operated by an attendant during hours of operation. A mobile recycling unit may include certain permanent structures associated with the mobile recycling unit as provided in this section.
C. 
Development Standards. The placement, construction, and operation of recycling facilities shall be subject to the following development standards:
1. 
Recycling facilities shall be established in conjunction with an existing commercial use which is in compliance with the zoning, building, and fire codes of the City of Buena Park and is located within a convenience zone in an area zoned for commercial or industrial uses.
2. 
Recycling facilities shall be conveniently accessible to pedestrians and vehicles and shall be designed to include safety provisions for separating pedestrian and vehicular traffic (i.e., special walkways, drive aisles, bollards, safety lighting, etc.).
3. 
Recycling facilities or any associated screening shall be designed in a manner consistent with the architectural and site plan of the associated commercial use, including, but not limited to, color and landscaping.
4. 
Recycling facilities shall be maintained in good repair and the area immediately surrounding the recycling facility shall be maintained in a litter-free condition. All storage of recyclable materials shall be within the recycling facility or related enclosed structure.
5. 
Hours of Operation. Recycling facilities which are operated by an on-site attendant and located within one hundred feet of a property zoned or occupied for residential uses shall operate only during the hours of nine a.m. to seven p.m.
6. 
Location.
a. 
A reverse vending machine which occupies an area less than fifty square feet may be placed under the building canopy adjacent to the business which sells beverages in redeemable containers. Reverse vending machines which occupy more than fifty square feet, but less than three hundred forty-two square feet, shall be placed within the parking area or other approved location of the associated commercial use.
b. 
Recycling facilities not located under the building canopy shall be set back at least fifty feet from any property line abutting a public street, as measured from the curb face.
7. 
Landscaping. Recycling facilities which are not located under the building canopy of the associated commercial use or within a landscaped area of the associated commercial use shall be designed with a landscape planter at least three feet in width (inside dimension) along the sides and rear of the recycling facility.
8. 
Restrooms. Recycling facilities which are operated by an on-site attendant shall be provided access to the facilities of the associated commercial use (i.e., restroom, drinking fountains, etc.).
9. 
Signs. Signage required for recycling facilities shall be limited to a maximum sign area of twenty square feet. All signs shall be integrated with the design of signage for the associated commercial use. A sign permit shall be obtained from the City Planning Division prior to installation of any signage.
D. 
Action of the City.
1. 
The Director of Development Services or his or her designee shall approve an application for a recycling facility provided that the application complies with each of the following requirements:
a. 
The recycling facility is certified, or has applied to be certified, as a recycling location pursuant to the California Beverage Container Recycling and Litter Reduction Act;
b. 
The operator of the recycling facility has presented a written authorization from the property owner where the proposed recycling facilities are to be located; and
c. 
The recycling facility complies with all of the development standards as set forth in this section.
2. 
The Director of Development Services shall provide written notification to the Planning Commission of the City of Buena Park of the action taken.
3. 
The Director's decision shall be final unless appealed to the Planning Commission in accordance with the provisions of this title.
4. 
Notwithstanding the foregoing, the Director (or Planning Commission or City Council, if on appeal) may deny an application for a recycling facility if it is specifically found that the operation of the recycling facility will have a detrimental effect on the public health, safety, or general welfare. In the case of any such denial, the Director shall support the action with specific written findings of facts based on substantial evidence.
E. 
Automatic Revocation. Any permit granted pursuant to the terms of this section shall be deemed automatically revoked if the operator's recycling certificate is revoked or suspended by the California Department of Conservation pursuant to the terms of the California Beverage Container Recycling and Litter Reduction Act.
(Ord. 1233 § 7,1989)
A. 
Purposes and Findings. It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residentially zoned districts. Recent studies prepared by other jurisdictions with respect to the establishment of such adult-oriented businesses have demonstrated that a number of detrimental social and economic effects are produced to those persons and properties immediately surrounding established adult-oriented businesses. Moreover, recent opinions of the United States Supreme Court have upheld local regulations of such adult-oriented businesses when regulations are predicated upon the fact that establishment of such businesses disrupts the social and economic welfare of those areas immediately adjacent to such businesses and, therefore, dispersal of such businesses from churches, schools, parks, and residences is necessary and appropriate for the preservation of the public health, safety and welfare.
1. 
Prior to the adoption of the ordinance codified in this chapter, this Council has had available and reviewed detailed studies prepared by other jurisdictions with respect to the detrimental social and economic effects produced to those persons and properties immediately surrounding established adult-oriented businesses. These studies included those prepared by the Cities of Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; and Austin, Texas. The consensus of these studies tend to demonstrate that the crime rate in areas surrounding even one adult-oriented business tends to escalate (particularly as to sex-related crimes) and that property values in such areas tend to show a marked decrease. This is particularly true given a close proximity to residential areas. The general summary is that it is reasonable and prudent that local jurisdictions exercise zoning power to regulate the location of adult-oriented businesses to operate in areas of the community that, while accessible to their patrons, are located in districts that are least likely to injure the general welfare of residents. Based upon the findings and conclusions set forth in said studies, this Council hereby finds as follows:
a. 
Areas within close walking distance of single and multiple family dwellings should be free of adult-oriented businesses;
b. 
Areas where children could be expected to walk, patronize or recreate should be free of adult-oriented businesses;
c. 
Adult-oriented businesses should be located in areas of the City which are not in close proximity to residential uses, churches, parks, and other public facilities and schools;
d. 
The image of the City of Buena Park as a pleasant and attractive place to reside will be adversely effected by the presence of adult-oriented businesses in close proximity to residential land uses, churches, parks, and schools;
e. 
Regulation of adult-oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the City before the problem exists, rather than in response to an existing problem;
f. 
The Buena Park Redevelopment Agency has instituted a number of specific redevelopment projects for the purpose of upgrading existing deteriorated and "blighted" economic and social conditions in and around such project areas. The presence of adult-oriented businesses in and around such existing project areas would defeat the purpose of such redevelopment projects;
g. 
Commercial areas of the City patronized by young people and children should be free of adult-oriented businesses;
h. 
Areas where students are walking to and from school should be free of adult-oriented businesses so not to be subjected to confrontation with the existence of such businesses;
i. 
Adult-oriented businesses should be regulated by zoning to separate them from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself;
j. 
The location of adult-oriented businesses in proximity to residential uses, churches, parks, and schools may lead to increased levels of criminal activities, including prostitution, rape, incest, and assaults in the vicinity of such adult-oriented businesses;
k. 
The experience in numerous other cities has shown that the location of adult-oriented businesses tends to degrade the quality of areas in which they are located and cause a blighting effect upon the City;
l. 
Location of adult-oriented businesses in close proximity to residential uses, churches, parks and schools will reduce retail trade to commercial uses in the vicinity, thus reducing property values and tax revenues to the City. Such adverse effects on property values will cause the loss of some commercial establishments followed by a blighting effect upon the commercial districts, within the City, leading to deterioration of the commercial/economic quality of the City;
m. 
Location of adult-oriented businesses within walking distances of churches and other religious facilities will have an adverse effect upon the ministry of such churches and will discourage attendance at such churches by the proximity of such adult-oriented businesses;
n. 
A reasonable regulation of the location of adult-oriented businesses will provide for the protection of the image of the City of Buena Park and its property values, and protect the residents of the community from the adverse effects of such adult-oriented businesses, while providing to those who desire to patronize adult-oriented businesses an opportunity in areas within the City which are appropriate for location of adult-oriented businesses;
o. 
The initial location of adult-oriented businesses will lead to the location of additional and similar uses within the same vicinity, thus multiplying the adverse impacts of the location of adult-oriented businesses upon residential uses, churches, parks, and schools and directly cause adverse impacts upon the image and quality of the character of the entire community; and,
p. 
The above-referenced findings and conclusions can be feasibly promoted and/or achieved by adoption of this Ordinance.
2. 
The Development Services Department of the City of Buena Park has conducted and completed a study of properties within the City of Buena Park as they will relate to the development propensities and characteristics of adult-oriented businesses; the result of such study to evaluate and recommend reasonable, prudent, and thorough regulations concerning the location and operation of adult-oriented businesses in those areas of the community that, while accessible to their patrons, best promote the goals, findings, and policies set forth in subsection A1 of this section. Prior to the adoption of the ordinance codified in this chapter, this Council has reviewed the findings and data contained in such study (entitled "Land Use Planning Study, December 1992") which study is incorporated herein by reference.
3. 
It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.
B. 
Definitions. The following words shall have the following meanings:
1. 
It is the intent of this Section that the definitions set forth in the Buena Park Zoning Ordinance shall apply but only where they do not conflict with any definition set forth in this Section.
2. 
Adult entertainment business.
An adult entertainment business is any business in which any of the following activities are conducted:
a. 
Adult Arcade.
An establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
b. 
Adult Bookstore.
An establishment that, for any form of consideration, as a regular and substantial course of conduct offers for sale, rent, or viewing either adult entertainment material, adult entertainment merchandise or both.
c. 
Adult Cabaret.
An establishment which serves food or beverages and which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either:
(i) 
are characterized by an emphasis upon specified sexual activities; or
(ii) 
feature any semi-nude person.
d. 
Adult Hotel/Motel.
A hotel, motel or similar establishment offering public accommodations for any form of consideration which either:
(i) 
(1) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and (2) advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television.
(ii) 
Rents, leases or lets any single guest room for less than any ten-hour period.
(iii) 
Rents, leases or lets any single guest room more than twice in any 24-hour period;
(iv) 
Allows a tenant or occupant to sub-rent a guest room for a time period less than ten hours.
e. 
Adult Motion Picture Theater.
An establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
f. 
Adult Theater.
An establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either:
(i) 
are characterized by an emphasis upon specified sexual activities; or
(ii) 
feature any semi-nude person.
g. 
Modeling Studio.
An establishment which provides, for any form of consideration, semi-nude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following:
(i) 
schools maintained pursuant to standards set by the State Board of Education; and
(ii) 
schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities.
h. 
Sexual Encounter Center.
A business, agency or person that, for any form of consideration, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.
i. 
Any business that, for any form of consideration, as a regular and substantial portion of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
3. 
Adult entertainment material.
"Adult entertainment material" means any book, periodical, magazine, photograph, drawing, sculpture, motion-picture film, videotape recording, or other visual representation, characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
4. 
Adult entertainment merchandise.
"Adult entertainment merchandise" means adult entertainment implements or paraphernalia, such as, but not limited to: dildos; auto sucks; vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas and similar adult entertainment devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
5. 
Characterized by an emphasis upon.
"Characterized by an emphasis upon" means the dominant or essential theme of the object described by such phrase.
6. 
Park.
"Park" means a park, playground, swimming pool, golf course or athletic field within the City which is under the control, operation or management of the City or other public agency.
7. 
Semi-nude.
"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
8. 
Specified anatomical areas.
"Specified anatomical areas" means the following:
a. 
Less than completely and opaquely covered human
(i) 
genitals or pubic region;
(ii) 
buttocks; and
(iii) 
female breast below a point immediately above the top of the areola;
b. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
c. 
Any device, costume or covering that simulates any of the body parts included in subsections of this subsection B.
9. 
Specified sexual activities.
"Specified sexual activities" means the following, whether performed directly or indirectly through clothing or other covering:
a. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
b. 
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
c. 
Masturbation, actual or simulated;
d. 
Excretory functions as part of, or in connection with, any of the other activities described in subsections 1 through 3 of this subsection B.
C. 
Zones for Adult Entertainment Establishments - Development Standards. Adult entertainment businesses are permitted only in those areas of the City as set forth herein. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in the Buena Park Zoning Ordinance for a zone and use most comparable to the proposed adult entertainment business, as determined by the Director.
D. 
Minimum Proximity Requirements. No adult entertainment business shall be established within specified distances of certain specified land uses or areas as set forth below:
1. 
No such business shall be established within 300 feet of any school, church, park, hospital, publicly operated facility, or residentially zoned property.
2. 
No such business shall be established within 1,000 feet of any other adult entertainment business.
3. 
No such business shall be established on properties with a zoning designation of AR, OS, and MR.
4. 
No such business shall be established on properties located within 500 feet of the Beach Boulevard right-of-way.
5. 
No such business shall be established on properties located within 300 feet of the Knott Ave. right-of-way between the 91, Artesia/Riverside Freeway and Melrose Ave.
6. 
No such business shall be established on properties located south of the 91, Artesia/Riverside Freeway.
7. 
No such business shall be established on any and all properties located within the "Superblock" or "Manchester/Artesia" redevelopment project areas or properties located within 300 feet therefrom.
E. 
Measurement of Distance Between Uses. The distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment business and any school, public park, or residential zone, etc. shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park, or residential zone.
F. 
Closed Viewing Areas. No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms, or other areas within its place of business that are used, designed, or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any City inspector standing at the front door (not to include existing and approved restroom facilities).
G. 
Adult Entertainment Zoning Permit Required. It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment business without first obtaining an adult entertainment zoning permit from the Director.
H. 
Permit Application.
1. 
Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit shall file an application with the Director on a form provided by the Director. The application shall be accompanied by a non-refundable application processing fee in the amount established by City Council resolution.
2. 
The application for a permit shall contain the following information:
a. 
The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addresses of its officers, directors, and each stockholder owning more than 10 percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its reasonable managing officer.
b. 
Name, address, and telephone number of the person who shall manage and operate the business for which the permit is requested. The name and address of a person authorized to accept service of legal notices.
c. 
The proposed business name of the adult entertainment business and description of the type of adult entertainment business.
d. 
Street address of the proposed adult entertainment business and the parcel number for the property.
e. 
A plot plan for the property depicting the location of the building housing the adult entertainment business on the property.
f. 
If the adult entertainment business was in existence as of the effective date of these regulations the date the business first commenced operation.
g. 
Any other information reasonably necessary to accomplish the purposes of these regulations.
3. 
Referral to Other City Departments. The Director may refer the application to other City departments to determine whether the premises where the adult entertainment business is located, or will be located, complies with the City's building, health, zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.
4. 
Action on Application. The Director shall determine whether to grant or deny the permit within thirty working days after receipt of a complete application.
I. 
Grounds for Permit Denial/Revocation.
1. 
The Director shall approve the permit unless he or she determines from a consideration of the application, City inspection of the premises or other pertinent information that:
a. 
Information contained in the application or supplemental information requested from the applicant is false in any material detail.
b. 
The proposed location of the adult entertainment business would not comply with the requirements of subsection C or D of this section.
c. 
The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations.
d. 
The premises where the adult entertainment business is or will be located does not comply with all applicable laws; including, but not limited to the City's building, health, zoning, and fire ordinances.
e. 
That a permit to operate the adult entertainment business has been issued to the applicant, a partner of the applicant, or a stockholder or the applicant which stockholder owns more that 10 percent of the applicants' corporate stock, which permit has been suspended and the period of suspension has not yet ended.
2. 
Notice of permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form.
3. 
An adult entertainment permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial in subsection 1.a through e of this section.
J. 
Permit Conditions. The Director may condition the issuance of an entertainment zoning permit by imposing reasonable conditions to insure compliance with these provisions and other sections of the Buena Park City Code.
K. 
Sale or Transfer of Business.
1. 
No permit issued pursuant to this Ordinance may be assigned or transferred without the prior written approval of the Director. The applicant shall apply for a transfer on a form provided by the Director, and shall pay a non-refundable application processing fee in the amount established by City Council resolution.
2. 
Transfer of partnership or corporate ownership. An application for approval of a transfer or permit shall be required prior to any change in an interest in a partnership or ownership of 10 percent or more of the stock of a corporation to any person not listed on the application filed by said application.
3. 
An application for transfer of a permit may be denied for any of the grounds specified for denial of an original permit application in subsection I of this section. Procedures for notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a permit application specified in subsection I of this section.
L. 
New Permit Required. The permittee must apply for a new adult entertainment permit as follows:
1. 
Prior to any change in the location of the adult entertainment business.
2. 
Prior to the conversion of any existing adult entertainment business to any other type of adult entertainment business as described herein.
3. 
Prior to any change in the business name of the adult entertainment business.
M. 
Display of Permit. Each person to whom or for who a permit has been granted shall display said permit in a conspicuous place within the adult entertainment business so the same may be readily seen by persons entering the premises.
(Amended by Ord. 1361 § 2, 1997)
A. 
Purposes and Findings. The purpose of this Section is to ensure the continued availability of transient lodging within the City of Buena Park and to ensure the continued use of hotels, motels and motor hotels in the manner intended at the time of adoption of the Zoning Ordinance of the City of Buena Park.
B. 
Limitation on Continuous and Cumulative Occupancy of Hotels, Motels and Motor Hotels. It shall be unlawful for any hotel, motel or motor hotel to rent or let, or otherwise provide, any room therein to any person, firm, partnership, corporation, association or other business entity for thirty 30 or more consecutive days, or for more than 60 total days in any 180-consecutive day period, unless such hotel, motel, or motor hotel complies with all development standards set forth in subsection C of this section and a conditional use permit has been obtained pursuant to Section 19.128.020 of this Title. It is the intent of this section that if a room is rented, let or otherwise provided to any party for either of the maximum time periods allowed by this section, then such room may not again be rented, let or otherwise provided to that same party or to any individual, firm, or entity that was a member of said party.
1. 
Each hotel, motel and motor hotel shall maintain daily written records reflecting the renting, letting, or other provision of any of its rooms, including but not limited to, check-in and check-out dates of each person who rents, lets, or is otherwise provided a room. Unless payment for the room is made by check or credit card, such records shall also include the name and home or business address and telephone number of each such person. The required records shall be maintained for no less than one year, or for such longer period as may be prescribed by law, and shall be available for review by City representatives during normal business hours.
2. 
Except as otherwise provided by law, each hotel, motel, and motor hotel shall post a legible copy of the text of this Section 19.552.110 in an open and conspicuous place within the public lobby area, and in an open and conspicuous place where other postings are required by law, in each room available for rent.
3. 
Any property left in a room by a person or party that has checked out shall be removed by the operator of the hotel, motel, or motor hotel and stored or otherwise disposed of in accordance with applicable laws.
C. 
Development Standards. Any hotel, motel or motor hotel applying for a conditional use permit to meet or exceed the 30- or 60-day occupancy limit set forth in Subsection B of this section shall comply with all of the following development standards:
1. 
The hotel, motel or motor hotel must have a minimum of 75 guest rooms.
2. 
Fireproof safety deposit boxes must be available to all of the occupants of the hotel, motel or motor hotel.
3. 
In room telephone services shall be available to all of the occupants of the hotel, motel or motor hotel.
4. 
Each guest room shall be serviced daily with central maid, mail, and room services.
5. 
The hotel, motel or motor hotel must have a restaurant on the property or on abutting property.
6. 
Entrances to all guest rooms within the hotel, motel or motor hotel must be from completely enclosed interior halls or from a courtyard that is enclosed on all four sides by guest rooms and/or lobby area.
(Ord. 1340 § 5, 1996; Ord. 1399 §§ 1, 2, 1999)
A. 
Findings and Purposes.
1. 
It is found that indoor swap meets create special problems of traffic friction, congestion, and parking, and that such establishments differ significantly from other uses permitted in commercial centers, thus requiring special controls on parking, building size, and operation in order to achieve compatibility with surrounding uses.
2. 
The purpose of this section is to minimize the adverse effects of indoor swap meets and promote compatibility with surrounding uses and activities.
B. 
Minimum Building Size. Minimum building gross floor area for an indoor swap meet shall be 60,000 square feet.
C. 
Parking. Parking shall comply with standards for indoor swap meets in Table 19.536.040.
D. 
Signs. Individual vendors shall not display any outdoor signs, including temporary signs.
E. 
Limitations. The following requirements shall apply to indoor swap meets:
1. 
The minimum floor area for each vendor shall be 200 square feet.
2. 
All display of merchandise, and all sales, purchases, and trade transactions shall occur within the building.
3. 
All vendors shall use a centralized loading/unloading area serving the entire building, which is completely screened from public view.
4. 
All vendors must have a current City business license.
F. 
Environmental Effects. The site of any indoor swap meet shall be maintained in a neat and clean condition at all times. Litter on the site and any litter scattered to nearby property, streets, and walkways shall be removed at least daily. All regulations of this Code pertaining to the provision and maintenance of trash receptacles and regular solid waste collection shall apply.
(Ord. 1478 § 6, 2005)
A. 
The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than 50 square feet per person served. Shelters are limited to 30 occupants per site as a principal permitted use, consistent with Cal. Gov't Code Section 65583(4)(A). Emergency shelters with more than 30 occupants per site are permitted subject to the approval of a conditional use permit.
B. 
Maximum stay at the facility shall not exceed 180 days in a 365-day period.
C. 
Facility location shall be within a 1/2 mile radius from an OCTA bus stop, as measured from the property line.
D. 
A minimum distance of 300 feet shall be maintained from any other emergency shelter, any residentially zoned property and any public or private school, as measured from the property line. Shelters at existing churches are exempt from minimum distance requirements from residentially zoned properties and schools.
E. 
A minimum of 1 staff member per 15 beds shall be awake and on duty when the facility is in operation.
F. 
A minimum of 1 parking stall for every 4 beds or 1/2 parking space for each bedroom designated for family units with children, plus 1 parking stall for each employee/volunteer on duty, shall be maintained.
G. 
Bike rack parking shall also be provided by the facility.
H. 
Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Section 19.536.070(G).
I. 
On-site client waiting and intake areas shall be located internally in the building where feasible. If not feasible, a waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum 6-foot tall visually screening mature landscaping or a minimum 6-foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
J. 
Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum 6-foot tall visually screening mature landscaping or a minimum 6-foot tall decorative masonry wall.
K. 
Facility improvements shall additionally provide:
1. 
A minimum of 1 toilet for every 8 beds per gender;
2. 
A minimum of 1 shower for every 8 beds per gender; and
3. 
Private shower and toilet facility for each area designated for use by individual families.
L. 
An operational plan shall be provided for the review and approval of the Community Development Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:
1. 
Security and safety - addressing both on- and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility;
2. 
Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site;
3. 
Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses;
4. 
Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;
5. 
Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public;
6. 
Screening of clients for admittance eligibility - with objectives to provide first service to Buena Park residents;
7. 
Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the City; and
8. 
Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility.
M. 
The facility may provide the following services in a designated area separate from sleeping areas:
1. 
A recreation area either inside or outside the shelter;
2. 
A counseling center for job placement, educational, health care, legal, or mental health services;
3. 
Laundry facilities to serve the number of clients at the shelter;
4. 
Kitchen for the preparation of meals;
5. 
Dining hall;
6. 
Client storage area (i.e., for the overnight storage of bicycles and personal items); or
7. 
Similar services geared to homeless clients.
(Ord. 1564 § 3, 2013)
A. 
No massage establishment shall be permitted to operate and no conditional use permit shall be granted, unless a massage or provisional massage establishment permit has been issued to the massage establishment pursuant to Chapter 5.12 of the Buena Park Municipal Code, and is current and valid at the time of application for a conditional use permit.
B. 
No conditional use permit shall be granted to any massage establishment to operate in any location where a massage establishment was closed due to criminal activity, or had any approval to operate a massage establishment, including a massage establishment permit or conditional use permit, revoked, within the previous 12 months.
C. 
Any existing massage establishment operating in a zone where such use is no longer permitted by right, or is now conditionally permitted, shall be a nonconforming use and shall be subject to the provisions of Chapter 19.204 of the Buena Park Municipal Code provided, however, that such use shall be discontinued, or a conditional use permit therefore shall be obtained, where conditionally permitted, within 5 years of the effective date of this section. If a conditional use permit is not obtained within such 5-year period, the use shall be deemed to be fully amortized and shall immediately be discontinued. Section 19.132.020, Extension or Termination of Nonconforming Privilege, shall apply to the provisions of this subsection.
(Ord. 1602 § 6, 2016)