The purpose of this chapter is to regulate adult businesses
which, unless closely regulated may have serious secondary effects
on the community. These secondary effects include, but are not limited
to, the following: depreciation of property values, deterioration
of neighborhoods, increases in vacancy rates in residential and commercial
areas, increases in incidences of criminal activity, increases in
litter, noise, and the interference with residential property owner's
enjoyment of their property in the vicinity of such businesses. It
is the Board's intent to prevent community-wide adverse impacts which
can be brought about by the concentration of adult businesses in close
proximity to each other or proximity to incompatible uses such as
schools, churches, parks, public facilities and buildings and residentially
zoned uses. The Board finds that it has been demonstrated in various
communities that the concentration of adult businesses causes adverse
impacts described above and can cause businesses and residents to
move elsewhere. It is, therefore, the further purpose of this chapter
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.
(Ord. CS 607 §1(part), 1995)
A. "Adult
businesses" include the following:
1. Any
business conducted for the entertainment of adults, engaged in the
selling, renting, or displaying of publications depicting the specified
anatomical areas or specified sexual activities described herein or
other material of a sexually explicit nature. Included in the definition
is any business, that as substantial or significant course of conduct,
sells, offers for sale, rents, exhibits, shows or displays publications
depicting the anatomical areas or specified sexual activities described
herein or other material of a sexually explicit nature. Also included
in this definition is any business selling, renting, or displaying
sexually oriented devices intended for use in the specified sexual
activities.
2. A
particular business at a particular location that sells, offers for
sale, rents, exhibits, shows or displays specified anatomical areas
or specified sexual activities in the form of a book, magazine, newspaper,
pamphlet, film video or any other form or medium, or sexually oriented
devices intended for use in the specified sexual activities, which
receives 25% or more of the gross revenue from, or devotes 25% or
more of the stock on hand or 25% or more of the gross floor area to
such activity, is presumed to be engaging in "substantial or significant"
conduct with respect to such activity.
3. Any
business wherein the selling of any food or beverage served by employees
engaged m partial or total nudity or exposed specified anatomical
areas.
4. Any
business conducted for the entertainment of adults wherein an employee,
patron or any other person engages in or are shown specified sexual
activities or exhibit or engage in partial or total nudity or otherwise
expose specified anatomical areas.
5. Any
business, which as a substantial or significant portion of its business,
provides live or filmed entertainment wherein specified anatomical
areas of the human anatomy are exposed.
B. "Specified
anatomical areas" include any of the following, whether actual or
simulated: (1) Less than completely and opaquely covered: (a) human
genitals or pubic region, (b) buttock, and (c) female breast below
a point immediately above the top of the areola; or (2) Human male
genitals in a discernibly turgid state, even if completely and opaquely
covered.
C. "Specified
sexual activities" means and includes any of the following (1) the
fondling or sexual touching of human genitals, pubic regions, buttocks,
anus, or female breasts; or (2) sex acts, normal or deviant, actual
or simulated, including intercourse, oral copulation, or sodomy; or
(3) masturbation, actual or simulated; or (4) excretory functions
as part of, or in connection with, any of the activities set forth
above.
D. Adult
business may not sell or display "obscene matter," as that term is
defined by
Penal Code Section 311 or its successors, and may not exhibit
"harmful matter," as that term is defined by
Penal Code Section 313
or its successors, to minors.
(Ord. CS 607 §1(part), 1995)
A. Adult
businesses shall not be located within five hundred feet of any of
the following whether or not located within the unincorporated areas
of the county:
1. Any
real property located in the following districts: R-A (rural residential),
R-1 (low-density residential), R-2 (medium-density residential), R-3
(multiple family residential), P-D (planned development), C-1 (neighborhood
commercial), H-1 (highway frontage), LM (limited industrial), P-1
(planned industrial), H-S (historical site), or equivalent zoning
in any other jurisdiction.
2. Any
public or private school.
3. Any
church, chapel, or other publicly recognized place of worship.
4. Any
park or building used by the public and owned by a public entity.
5. Any
residence and curtilage in any zoning district.
6. Any
parcel of land owned by a school district, church, chapel, or public
entity.
7. Any
privately owned recreation area, amusement park or sports facility.
8. Any
motion picture theater.
(Ord. CS 607 §1(part), 1995; Ord. CS 621, 1995)
A. The
following development standards shall apply to all adult businesses:
1. No
adult business shall be located in any temporary or portable structure.
2. Trash
dumpsters shall be enclosed by a screening enclosure so as not to
be accessible to the public.
3. Off-street
parking shall be as specified in Chapter 21.76.140 or 21.76.150.
4. The
entire exterior grounds, including the parking lot and landscaped
areas, shall be lighted in such a manner that all areas are clearly
visible at all times.
5. Any
signage shall conform to the requirements of Chapters 2 1 .56.020
F., 21.56.040 G., 21.60.020 E. and 21.08.070, and shall not contain
sexually oriented photographs, silhouettes, or other pictorial representations.
6. All
entrances to an adult business shall be clearly and legibly posted
by a notice indicating that minors are prohibited from entering the
premises.
7.
(a) No residential structure or any other nonconforming structure shall
be converted for use as an adult business.
(b) No residence, apartment, living quarters or mobile home shall be
located on the parcel where an adult business is located.
B. The
following performance standards shall apply to all adult businesses:
1. California Code of Regulations, Title
4, Article 22, Sections 143.2, 143.3 and 143.4 or its successors, are hereby adopted and shall regulate the attire and conduct of employees and entertainers; including visual displays.
2. The
adult business shall not conduct or sponsor any special events, promotions,
festivals, concerts, or similar activities which would create a demand
for parking spaces beyond the number of spaces required for the business.
3. The
traffic generated by the adult business shall not overload the capacity
of the surrounding street system and shall not create a hazard to
public safety, as determined by the Stanislaus County Public Works
Department.
4. No
adult business shall be operated in any manner that permits the observation
of any persons or material depicting, describing or related to "specified
sexual activities" or "specified anatomical areas," inside the premises,
from any public way or from any location outside the building or area
of such establishment. This provision shall apply to any display,
decoration, sign, show window or other opening.
5. No
loudspeakers or sound equipment shall be used by an adult business
for the amplification of sound to a level audible beyond the walls
of the building in which the business is located.
6. All
exterior areas of the adult business, including buildings, landscaping,
and parking areas shall be kept free of trash and debris and maintained
in a clean and orderly manner at all times.
7. Hours
of operation shall be from 6:00 a.m. to 2:00 a.m.
8. Each
adult business shall conform to all applicable laws and regulations,
including obtaining a County business license.
(Ord. CS 607 §1(part), 1995)
No adult business shall commence operation until an application
for an adult business permit is approved by the Planning Director
or designee following the procedures set out in the following sections.
(Ord. CS 607 §1(part), 1995)
An application for an adult business permit shall include the
following:
A. Name,
permanent address and telephone number of applicant.
B. The
name, business address and telephone number for the applicant. If
the applicant is a corporation, the name shall be exactly as set forth
in its Articles of Incorporation, and the applicant shall show the
name and residence address of each of the officers, directors, and
each stockholder owning 25% or more of the stock of the corporation.
If the applicant is a partnership, the application shall show the
name and residence address of each of the members, including limited
partners.
C. Name(s)
and address(es) of the property owner(s).
D. Assessor's
parcel number(s).
E. Legal
description of the property.
F. A site
development plan drawn at the scale specified by the Planning Director,
which includes the following information:
1. Location
of all existing buildings, structures, and improvements on the property;
2. Location
of all proposed buildings, structures, and improvements on the property;
3. Existing
and proposed streets and highways bordering and within the boundaries
of the property;
4. Location
of existing and proposed parking areas;
G. Elevations
and floor plans of proposed buildings or structures including any
existing or proposed signs related to the adult business drawn to
scale.
H. A narrative
description of the proposed use or development including:
1. Description of the nature of the proposed use or development and an explanation of how the proposed business will satisfy the applicable requirements set forth in Sections
21.68.020 through
21.68.040 of this chapter.
I. A letter
of consent signed and notarized from all property owners.
J. A vicinity
map showing specific land uses (houses, churches, public buildings,
parcel lines, parcel sizes, etc.) for a 1,500 foot radius of the subject
site.
K. The
fee prescribed by the Board of Supervisors by ordinance or resolution
for processing the application.
(Ord. CS 607 §1(part), 1995)
A. Once
an application has been accepted as complete, the Planning Director
or designee shall make a non-discretionary determination within 60
days.
B. For
purposes of application processing, any application for a permit pursuant
to this chapter is considered to be a ministerial permit and, as such,
is not subject to the time frames specified in Section 65950 et seq.
of the California
Government Code, or the California Environmental
Quality Act.
C. Once
an application has been accepted as complete, the Director of Planning
and Community Development shall refer the permit application to the
following departments and agencies:
4. Environmental
Resources, and
5. County
Executive Officer/Environmental Review Committee, who will review
and comment within 30 days of the date of referral in their area of
expertise and specialty as to the ability of the site to meet the
criteria in
Stanislaus County Code Section
21.68.040.
D. In
considering an application for a permit pursuant to this chapter,
the Planning Director or designee shall approve the permit only if
it makes the following findings:
1. The
adult business is consistent with the location, requirements and development
and performance standards contained in this chapter; and
2. The
adult business is located in a zoning district which lists adult businesses
as a permitted use; and
3. The
zoning district classification for the property is consistent with
the applicable General Plan or Specific Plan designation for the property;
and
4. The
adult business structure does not contain any apartments or other
living quarters; and
5. A
permittee shall not transfer ownership or control of an adult business
permit to any other person or entity. All changes in ownership shall
require a new permit application and approval.
E. Permit issuance or non-issuance of application may be appealed pursuant to Chapter
21.112.
(Ord. CS 607 §1(part), 1995)
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance.
The Board of Supervisors hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phase
or portion thereof, irrespective of the fact that any one or more
sections, subsections, phrases or portions be declared invalid or
unconstitutional. If for any reason this or any part thereof shall
be declared invalid or unconstitutional, then all other provisions
thereof shall remain valid and enforceable.
(Ord. CS 607 §1(part), 1995)