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No adult-oriented business shall be established or located in any zone in the city other than the C-2, Heavy Commercial Zone, or the I, Industrial Zone, or within 1,000 feet of certain specified land uses or zones as set forth below:
(A) No such business shall be established or located within 1,000 feet of any other adult-oriented business.
(B) No such business shall be established or located within 1,000 feet of any existing residential zone or use, park, church or school.
(C) The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures.
(Ord. 697 C.S., passed 3-17-99)
Any use of real property existing on the effective date of this Code amendment, which does not conform to the provisions of § 10-7.03 but was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for a maximum of five years after the effective date of this chapter. On or after such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the Planning Commission in accordance with § 10-7.05.
(A) Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming use status of such use.
(B) Amortization - Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of § 10-7.03 shall be terminated within five years of the date of annexation unless an extension of time has been approved by the Planning Commission in accordance with the provisions of § 10-7.05.
(Ord. 697 C.S., passed 3-17-99)
The owner or operator of a nonconforming use as described in § 10-7.04 may apply under the provisions of this section to the Planning Commission for an extension of time within which to terminate the nonconforming use.
(A) Time and manner of application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of § 10-7.03, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such application must be filed with the City Clerk at least 90 days but no more than 180 days prior to the time established in § 10-7.04 for termination of such use.
(B) Content of application; fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the City Council.
(C) Hearing procedure. The Community Development Director/City Engineer shall act as a hearing officer on the application in presenting the matter to the Planning Commission. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimony, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the Planning Commission shall be final for appeal purposes pursuant to the Madera Municipal Code.
(D) Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved and shall be approved only if the Planning Commission makes all of the following findings or such other findings as required by law:
(1) The applicant has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property of structure cannot be readily converted to another use; and such investment was made prior to the effective date of this Code amendment;
(2) The applicant will be unable to recoup said investment as of the date established for termination of the use; and
(3) The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with § 10-7.03.
(Ord. 697 C.S., passed 3-17-99)
(A) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.
(B) It shall be unlawful for any persons to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect a permit from the city as herein required.
(Ord. 697 C.S., passed 3-17-99)
Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file a use permit application in accordance with § 10-3.1301 et seq. of this Code with the Community Development Department upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.
(Ord. 697 C.S., passed 3-17-99)
(A) Adult-oriented business use permits are nontransferable, except in accordance with § 10-7.11. Therefore, all applications shall include the following information:
(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.
(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
(B) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.
(C) If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
(D) A description of the type of adult-oriented business for which the use permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.
(E) The address to which notice of action on the application is to be mailed.
(F) The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business.
(G) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(H) A certificate and straight-line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and:
(1) The property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a permit is requested; and
(2) The property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the adult-oriented business.
(I) A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by § 10-7.16.
(J) If the Community Development Director/City Engineer determines that the applicant has completed the application improperly, or that pertinent information required by § 10-3.1301 et seq. of this Code has not been provided, the Community Development Director/City Engineer shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the Community Development Director/City Engineer to act on the application. The time period for granting or denying a use permit shall be stayed during the period in which the applicant is granted an extension of time.
(K) The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business use permit.
(Ord. 697 C.S., passed 3-17-99)
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