San Clemente Municipal Code Ch. 8.04 Abandoned Drive-in Facilities

A. Recital. .....The City Council finds that abandoned drive-in facilities used for providing services to the public in the City, because of their construction and locations, present unique problems which are detrimental to the general health, welfare and safety of the community. From time to time, active business is terminated in certain drive-in facilities due to economic or other reasons and the buildings and grounds tend to deteriorate more quickly than conventional buildings and fall into a state of disrepair, litter accumulates, weeds on the property become a fire hazard, vacant structures are subject to easy occupancy by vagrants, large window spaces attract indiscriminate sign posting, metal structures tend to rust and the paint to peel, all to the detriment of the public health, safety and welfare. The City Council also finds that it would be in the interest of the public health, safety and welfare that provision be made for regulating and controlling the premises of abandoned drive-in facilities within the City limits.

B. Definitions.

"Abandoned," for purposes of this section as applied to drive-in facilities, shall mean that where such facilities remain closed for a continuous period of six (6) months or if an existing drive-in facility in existence prior to the effective date hereof has been closed for a period of six (6) months, the use and facility shall be presumed abandoned.

Drive-in facilities shall mean the site of an established place of business consisting of a building where the principal activity is the retail or wholesale selling, offering for sale and dispensing of food, services or products where the primary means of site ingress and egress is by means of motor vehicle and where food, services or products are delivered to or provided for a motor vehicle or to a person in such vehicle and shall include, but not be limited to, service stations, car washes, drive-in restaurants, lunch, hamburger or beverage stands.

C. Jurisdiction. .....The Zoning Administrator may, on his own motion or at the request of an interested person, hold a hearing for the purpose of determining whether a drive-in facility and use have been abandoned.

D. Hearings. .....Prior to finding that a drive-in facility or use has been abandoned, the Zoning Administrator shall, on his own motion or at the request of any person, hold a public meeting to determine that the described use and facility have been abandoned. Notice of hearing shall be upon ten (10) days' written notice, mailed to the owners and to the occupant and posted at all entrances to the structures, and one publication five (5) days before the hearing in a newspaper published or circulated in the City.

E. Conduct of Hearing. .....At the time of hearing, the Zoning Administrator shall inquire into and receive evidence relative to the occupant's or owner's ability and intent to continue the use and premises as a drive-in facility. If the lessee or the owner of the facility is unable to demonstrate at this hearing that such use will be continued or exercised within a reasonable period of time, as determined by the Zoning Administrator, then the Zoning Administrator may consider the premises and use abandoned and revoke any Conditional Use Permit under which such drive-in facility was operating.

F. Revocation of Use Permit. .....The Zoning Administrator may, without further hearing, revoke a drive-in facility use permit as herein set forth; provided, the Zoning Administrator first makes findings that such use has been abandoned and that the person or persons lawfully entitled to occupy the premises do not have the ability and intent to exercise the use within a reasonable time.

G. Exemption. .....Where a drive-in facility is temporarily closed or out of business, such use and premises shall not be considered abandoned and subject to the provisions of this section; provided, there is complete compliance with all of the following provisions:

1. The condition of the paved asphalt or concrete parking and driveway areas are maintained clean, well-paved and free of holes, weeds, debris and litter;

2. Doors are securely locked;

3. Windows are unbroken, clean and not boarded over;

4. The exterior surface of all buildings and outside facilities are painted a subdued color and kept clean, free from rust, posters and bills;

5. No trade names, signs or advertising on the premises;

6. No parked vehicles, merchandise or equipment outside of buildings;

7. A notice is posted on entrance door stating name and telephone number of person to call in emergency.

H. Enforcement. .....The City Building Official is hereby designated as the Enforcement Officer for investigation and reporting to the Zoning Administrator as to whether there is compliance with subsection G of this section.

I. Public Nuisance. .....Upon revocation of a use permit for a drive-in facility, the City may, in addition to the foregoing, find that the premises are a public nuisance and direct they be abated in accordance with law.

J. Appeal. .....Any person dissatisfied with any determination made by the Zoning Administrator may appeal to the Council in accordance with Ordinance 397 of the City.

(Prior code § 16-31)