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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)
(A) Upon receipt of a completed application and payment of the application and permit fees, the Community Development Director/City Engineer shall immediately stamp the application as received and promptly distribute the application for review and comment by other departments and agencies, and schedule the matter for consideration by the Planning Commission to determine whether the applicant shall be issued an adult-oriented business use permit.
(B) Within 30 days of receipt of the completed application, the Community Development Department shall complete its review, including a background investigation conducted by the Police Department, and shall schedule the application for consideration by the Planning Commission which shall either grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
(1) The Community Development Director/City Engineer shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(2) If the application is denied, the Community Development Director City Engineer shall attach to the application a statement of the reasons for denial.
(3) If the application is granted, the Community Development Director City Engineer shall attach to the application an adult-oriented business use permit.
(4) The application as granted or denied and the use permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
(C) The Planning Commission shall grant the application and issue the adult-oriented business use permit upon findings that the proposed business meets the locational criteria of § 10-7.03; and that the applicant has met all of the development and performance standards and requirements of § 10-7.16, unless the application is denied for one or more of the reasons set forth in § 10-7.10. The permittee shall post the use permit conspicuously in the adult-oriented business premises.
(D) If the Planning Commission grants the application or if the Planning Commission neither grants nor denies the application within 30 days from the date of receipt of the application from the Community Development Director/City Engineer (except as provided in § 10-7.08 (j), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of § 10-7.16.
(Ord. 697 C.S., passed 3-17-99)
The Planning Commission shall deny the application for any of the following reasons:
(A) The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire and safety law of the city and the State of California, or with the locational or development and performance standards and requirements of these regulations.
(B) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business use permit.
(C) An applicant is under 18 years of age.
(D) The required application fee has not been paid.
(F) Renewal. Each adult-oriented business regulatory permit shall expire one year from the date of issuance and may be renewed only by filing with the Community Development Department a written request for renewal, accompanied by the use permit extension fee and a copy of the use permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the use permit. When made less than 30 days before the expiration date, the expiration of the use permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for use permits.
(Ord. 697 C.S., passed 3-17-99)
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