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A. Purpose. This section provides standards for the location, development, and operation of adult entertainment businesses.
B. Definitions. The following terms are defined for the purposes of this section and are organized in alphabetical order.
Adult Arcade. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Book/Video Store. An establishment which has as a substantial or significant portion (25 percent or more of gross floor area) of its stock-in-trade and offers for sale for any form of consideration any one or more of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult Cabaret. Nightclub, restaurant, or similar establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motel. A motel or similar establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motion Picture Theater. An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion (25 percent or more) of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Establishment of an Adult Entertainment Business. Includes any of the following:
1. The opening or commencement of any adult entertainment business as a new business;
2. The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
3. The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
4. The relocation of any adult entertainment business.
Massage Parlor. Any business where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation, or service related thereto exposes specified anatomical areas.
Removal of Clothing. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical areas are exposed.
Sexual Encounter Establishment. An establishment, other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may associate, congregate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychiatrist, psychologist, or similar professional person licensed by the State engages in sexual therapy.
Specified Anatomical Areas. Less than completely and opaquely covered human genitals, pubic regions, anal regions, buttocks, female breasts below a point immediately above the top of the areola; or human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified Sexual Activities. Includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. All sex acts, actual or simulated;
3. Masturbation, actual or simulated; or
4. Excretory functions alone or as part of or in connection with any of the activities described in items 1 through 3 above.
C. Standards. Adult entertainment businesses shall be located, developed, and operated in compliance with the following standards.
1. Employees Required. It shall be the duty of the owners to ensure that at least one employee is on duty at all times that any patron is present inside the premises.
2. Hours of Operation. The adult entertainment business shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.
3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary and directed away from adjacent properties and public rights-of-way, in compliance with Section 19.60.050 (Exterior lighting).
4. Live Entertainment. The following standards shall pertain to adult entertainment businesses that provide live entertainment depicting specified anatomical areas or involving specified sexual activities:
a. No person shall perform live entertainment for patrons of an adult entertainment business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least 6 feet from the nearest area occupied by patrons, and no patron shall be allowed within 6 feet of the stage while the stage is occupied by an entertainer;
b. The adult entertainment business shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and
c. The adult entertainment business shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons. If the separate access is not physically feasible, the adult entertainment business shall provide a minimum 3-foot-wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence or other barrier separating the patrons and the entertainers to prevent any physical contact between patrons and entertainers. Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.
5. Permanent Barriers. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment business.
6. Separation/Measurement. It is unlawful to cause or allow the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within:
a. 1,000 feet of another similar business;
b. 1,000 feet of any religious institution, school, or public park; or
c. 300 feet of any property designated for residential use or used for residential purposes.
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 property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment business to the closest property line of the property designated for residential use or used for residential, religious institution, school, or public park purposes.
7. Signs. All on-site signs shall be in compliance with Chapter 19.74 (Signs).
8. Viewing Area.
a. It is unlawful to maintain, operate, or manage or allow to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this section, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.
b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.
c. It is unlawful to create, maintain, or allow to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.
D. Minors and Intoxicated Persons Excluded. It shall be a misdemeanor for any person under the age of 18 years or an obviously intoxicated person to enter or remain on the premises of an adult entertainment business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment business.
(Ord. 2185; Ord. 2223)
A. Household Pets. Household pets may be kept as an accessory use of residential property, provided they are kept in a humane and sanitary manner and in compliance with the provisions of this section.
B. Dogs. No more than three dogs over the age of three months shall be kept or maintained at any one place of residence, as designated by a single street address number in the City.
C. Bees. The keeping of honey bees is permitted in the RS and R1 zoning districts as a form of small animal keeping subject to the following standards to minimize impacts to nearby residents or the public:
1. A maximum of one hive shall be allowed for each ten thousand (10,000) square feet of lot area;
2. Hive(s) shall be registered with the Butte County Agricultural Commissioner;
3. An adequate fresh water supply shall be available for the bees on the subject parcel at all times;
4. The location of the hive(s) shall not be less than 100 feet from any public right-of-way or any occupied structure other than that of the occupant of the subject parcel.
5. All hive(s) shall be located at least six feet above ground, or an adequate flight dispersing barrier, such as a fence or landscaping of at least six feet in height, must be constructed and maintained around the hive(s); and
6. The hive(s) shall be maintained in compliance with state law and kept free of diseases and pests.
D. Offensive Animals. No persons shall keep, maintain, or have in their possession on any property owned or controlled by them any household pets or any other animals in a manner, number, or kind so as to cause damage or hazard to persons or property in the vicinity or to generate offensive dust, noise, or odor.
E. Site Requirements.
1. The number of animals which may be kept on a parcel is limited, as shown in Table 5-10, by the parcel's site area, exclusive of occupied structures and structures required by this section. Animals may be kept within an enclosure anywhere within the site area and are not required to have access to the entire site area.
2. Bulls, cows, goats, hogs, horses, pigs, and sheep shall not be kept within 25 feet of any side property line, nor within 50 feet of any adjacent street or occupied residences; and
3. Small animals shall not be kept within 20 feet of any occupied residences on adjacent parcels and may be kept within 10 feet of the owner’s occupied residence. Roosters shall not be allowed in the RS, R1, and TND zoning districts.
4. Storage of food for animal keeping shall be kept in sealed containers located in a dry, secure environment that prevents disturbance or infestation from stray animals, vermin, insects or any other source of contamination.
(Ord. 2223, Ord. 2358 §16, Ord. 2440 §49)
Land Use | Type of Animal Allowed | Minimum Site Area Required |
Large Animals | Horses, cattle, or hogs | 8,000 sq.ft. per animal |
Sheep or goats | 2,000 sq.ft. per animal | |
Other allowed large animals | 2,000 sq.ft. per animal | |
Small Animals | Poultry, rabbits, miniature pot-bellied pigs, and other similarly allowed small animals | 100 sq.ft. per animal not within 20 feet of occupied residences on adjacent parcels; 10 sq. ft. per animal within 10 feet of owner’s residence. |
(Ord. 2494 §49)
Bed and breakfast inns (B&Bs) are subject to the requirements of this section. The intent of these provisions is to ensure that compatibility between the B&B and any adjacent residential zoning districts or uses is maintained and enhanced.
B. Specific Standards. The following standards shall apply:
1. Residential and TND zoning districts. No more than five rooms for rent shall be allowed under a use permit;
3. Architectural Review. Architectural review shall be required if exterior changes are proposed, including, but not limited to, new parking areas.
C. Appearance. The exterior appearance of the structure housing the B&B, located in any residential zoning district, shall not be altered from its original single-family character.
D. Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. There shall be no separate or additional kitchens for guests.
E. Business License Required. A current business license shall be obtained and posted, in compliance with Chapter 3.32 (Business License Law) of the Municipal Code.
F. Transient Occupancy Tax. All B&Bs shall be subject to the Transient Occupancy Tax, in compliance with Chapter 3.52 (Transient Occupancy Tax) of the Municipal Code
(Ord. 2185, Ord. 2358 §17)
This section establishes standards for large family day care homes in compliance with State law, including the limitations on the City's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of these Regulations and any requirements imposed by the California Department of Social Services through its facility licensing. Licensing by the Department of Social Services is required for all large family day care homes.
A. Permit Procedures. Permit processing for large family day care homes shall be subject to the following:
1. Permit Requirement. A large family day care home shall require the approval of a non-discretionary large family day care home permit by the Director.
2. Criteria for Approval. A large family day care home permit shall be issued if the Director determines that the proposed large family day care home will comply with the standards in this section; and
3. Administrative Use Permit. Director may approve an administrative use permit, in compliance with Chapter 19.25, authorizing operation of a large family day care home which does not comply with and/or cannot be operated in compliance with the standards in this section.
B. Location, Site Planning, and Operational Standards.
1. No large family day care home shall be located within 300 feet of another.
2. Parking standards:
a. Where the large family day care home is located on a parcel having less than 22 feet of legally permitted on-street parking along the frontage of the parcel, or is located within a preferential parking area, the home shall provide one additional parking space. The driveway of a large family day care home may serve to meet the required off-street parking spaces and/or the drop off area.
b. The driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Chapter 19.70 (Parking and Loading Standards). Any home located on a four-lane arterial street shall be provided with adequately designed off-street drop-off and pick-up areas to ensure that vehicles exiting the site may do so in a forward manner.
c. One additional parking space shall be provided for each employee.
4. The home shall contain a fire extinguisher and smoke detector devices and comply with all standards established by the City Fire Department.
5. In order to protect adjacent residential dwellings from noise impacts, a large family day care home within any residential zoning district may only operate up to 14 hours per day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
6. Each home shall be inspected by the City for compliance with the Uniform Housing Code and any regulations adopted by the State Fire Marshal which are applicable to large family day care homes.
(Ord. 2185; Ord. 2243; Ord. 2358 §18; Ord. 2397 §14, Ord. 2440 §50, Ord. 2519 §31)
Any retail trade or service use providing drive-in or drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and appearance in the following manner:
A. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility, and be emphasized by enhanced paving or markings.
B. Drive-through aisles shall have a minimum 15-foot interior radius at curves and a minimum 12-foot width. Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb cut on the adjacent property, unless otherwise approved by the Director. Also, each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.
C. Each drive-through aisle shall provide sufficient stacking area at a minimum of 20 feet per vehicle in advance of the service window or automated teller machine (ATM), to accommodate a minimum of four vehicles for pharmacies, banks, and financial services or six vehicles for all other drive-through uses.. In lieu of this standard, an interior traffic study which models vehicular queuing may be prepared for City staff review. The stacking area shall not interfere with other on-site circulation and parking facilities.
D. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
E. All service areas, trash storage areas, and ground-mounted and roof-mounted mechanical equipment shall be screened from ground-level view from adjacent properties or public rights-of-way.
F. Menu boards shall not exceed 24 square feet in area, with a maximum height of 6 feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned parcel. Noise levels measured at the property line of a drive-in or drive-through facility shall not increase the existing ambient noise levels in the surrounding area.
G. Each drive-through aisle shall be include a combination of landscaping, low walls, and/or berms to prevent headlight glare and to reduce visibility of vehicles from impacting adjacent streets and parking lots.
H. An 8-foot-high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned parcel. The design of the wall and the proposed construction materials shall be subject to architectural review.
(Ord. 2185, Ord. 2440 §51, Ord. 2494 §50)
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