Chapter 17.60 — SPECIFIC LAND USE STANDARDS

This section requires certain development and operational standards for specific land uses within the city to preserve, protect and promote the public health and safety and to promote orderly growth and aesthetically pleasing urban development.

(Ord. No. 650, § 3, 4-28-2025)

Specific land uses covered by this chapter shall conform with the provisions of the section(s) applicable to the specific use, in addition to other applicable provisions of this title, including the standards of the zone district where the use is located.

(Ord. No. 650, § 3, 4-28-2025)

This section provides standards for accessory dwelling units located on the same site as an existing singlefamily residence located in either the R-VL, R-L, R-M, or R-H zone district. All accessory dwelling units shall meet the following standards:

A.

Number of Accessory Dwelling Units per Parcel.

1.

For parcels zoned for and including a proposed or existing single-family home: One (1) accessory dwelling unit shall be allowed for each parcel. Each parcel may also include a junior accessory dwelling unit conforming to the standards set forth in 17.60.040.

2.

For parcels zoned to allow and including an existing multifamily structure(s): Two (2) new construction and at least one (1) conversion accessory dwelling unit shall be allowed on each parcel. Up to twenty-five (25) percent of the number of existing dwellings in the structure may be added as conversion accessory dwelling units. When the twenty-five (25) percent limit results in a fraction of a unit, the total number of accessory dwelling units that may be added shall be determined by rounding the fraction up to the next whole number.

For the purposes of this section, multifamily structures are those that contain more than one (1) dwelling unit, including but not limited to duplexes, triplexes, apartment buildings, and condominium buildings.

B.

Parking. No off-street parking shall be required for any accessory dwelling unit. Any parking spaces, covered or uncovered, removed to create an accessory dwelling unit shall not be required to be replaced.

C.

Unit Site. The floor area for all accessory dwelling units shall not exceed eight hundred fifty (850) square feet or one thousand (1,000) square feet for units with more than one (1) bedroom.

D.

An accessory dwelling unit may not be constructed unless a main dwelling exists on the site or will be constructed in conjunction with the accessory dwelling unit.

E.

Owner occupancy shall not be required and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units. This provision shall end in the year 2025 unless California Government Code extends it.

F.

Accessory dwelling units shall be provided with water, sewer, and other utilities as determined by the building official.

G.

The accessory dwelling unit shall meet the requirements of the California Building Standards Code including the alternative means and methods section as prescribed therein.

H.

Except as specifically set forth in the section, an accessory dwelling unit regulated pursuant to this chapter shall meet all the requirements of the zone district in which the accessory dwelling unit is located including, without limitation, requirements regarding fences, walls, and hedges; site area, frontage width, and depth of sites; coverage; building setback requirements; height of structures; and distances between structures.

(Ord. No. 650, § 3, 4-28-2025)

17.60.040 - Accessory dwelling units, junior.

A.

Notwithstanding any other regulation or definition of this code, a junior accessory dwelling unit shall be permitted on parcels in zones where single-family dwellings are an allowed use and where single-family

structures exist or are proposed on the site, and where the owner of the property occupies the property as their primary place of residence.

B.

For the purposes of this section, "junior accessory dwelling unit" shall have the same meaning as defined in Section 65852.22 of the California Government Code.

C.

Junior accessory dwelling units must be attached to a single-family dwelling, may be created in any part of an existing or proposed single-family dwelling, and may be created in addition to a single-family dwelling.

D.

Junior accessory dwelling units may be no larger than five hundred (500) square feet in size.

E.

Junior accessory dwelling units shall contain, at a minimum, the following features:

1.

An exterior entrance separate from that of the primary home.

2.

A cooking facility with appliances.

3.

A food preparation counter and storage cabinets of reasonable size in relation to the size of the junior accessory dwelling unit.

F.

Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary dwelling.

G.

Junior accessory dwelling units that contain all the required features of a dwelling unit will not be required to maintain an interior connection between the junior accessory dwelling unit and the primary dwelling.

(Ord. No. 650, § 3, 4-28-2025)

Animals shall be regulated in accordance with Title 6 of the Woodlake Municipal Code in all zones.

(Ord. No. 650, § 3, 4-28-2025)

A.

Bed and breakfast inns shall be limited to a maximum six (6) rooms for rent per site. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen (14) consecutive nights.

B.

Food service at bed and breakfast inns shall be allowed for registered guests only, unless the use also qualifies as a restaurant.

C.

The scale and appearance of the bed and breakfast inn shall remain primarily residential in character. All buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences.

(Ord. No. 650, § 3, 4-28-2025)

17.60.060 - Cottage food operations.

A.

Cottage foods operations operating in accordance with AB 1616 shall be considered a home occupation and shall obtain a home occupation permit in accordance with Chapter 17.78 prior to commencement of the use.

B.

Notwithstanding the provisions of Chapter 17.78, a cottage food operation is allowed to employ one (1) fulltime equivalent employee on site.

C.

Notwithstanding the provisions of Chapter 17.78, a cottage food operation may sell food produced on-site directly to consumers at the site.

D.

A cottage food operation shall be conducted in the residence's existing kitchen.

E.

An approved home occupation permit shall not be effective until the appropriate permit is obtained from the County Health Department and shall automatically expire and be null and void if the county permit or approval expires, is disapproved, or is revoked.

(Ord. No. 650, § 3, 4-28-2025)

17.60.070 - Daycare facilities.

A.

A loading and unloading area shall be provided to accommodate no less than two (2) vehicles.

B.

The loading and unloading area shall be located within proximity to the main entrance and shall not be located on the opposite side of a street from the daycare center.

(Ord. No. 650, § 3, 4-28-2025)

A.

All uses with a drive-thru pick-up window shall meet the following standards unless otherwise modified by a conditional use permit issued in accordance with Chapter 17.80:

1.

Drive-thru lanes shall be located outside of all building setback areas and all required landscaped areas.

2.

Drive-thru lanes shall be designed, located, and constructed in a manner that avoids trapping vehicle emissions in a confined space.

3.

Drive-thru lanes shall be located a minimum of one hundred (100) feet from existing residential uses and from residential zone districts and must be separated from residential areas by buildings, extensively landscaped areas, or decorative block walls.

4.

Drive-thru lanes shall be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-thru lane do not overflow into public streets.

5.

Drive-thru lanes shall be shielded in a manner approved by the city to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-thru site property.

6.

The installation of a drive-thru pick-up window and associated improvements shall not reduce the number of required parking spaces below the minimum zoning requirement for parking upon the drive-thru site property.

7.

Drive-thru lanes shall not block or interfere with access to parking lot spaces and shall function independent of parking lots aisles.

8.

Drive-thru lanes shall not extend onto adjoining property unless the owner of the drive-thru site property obtains a written easement or other irrevocable right from the adjoining landowner to construct improvements upon and use the adjoining property for the drive-thru use including, without limitations, the stacking of vehicles and the right to maintain, repair, replace, and remove such improvements. The written document shall be executed by the owner of the drive-thru site property and the owner of the adjoining property and recorded against title to the adjoining property prior to commencement of construction of improvements upon the drive-thru site property.

9.

A use with a single drive-thru lane shall accommodate a minimum of six (6) vehicle stacking spaces per lane with a minimum of four (4) stacking spaces before the ordering speaker and two (2) stacking spaces after the ordering speaker. Each vehicle stacking space in a drive-thru lane shall be a minimum of twenty (20) feet in length. Uses known or anticipated to require additional stacking spaces may be required to provide more than the minimum by the director.

10.

A use with drive-thru lanes on each side of the use (two (2) lanes) shall accommodate a minimum of four (4) vehicle stacking spaces per lane with a minimum of two (2) stacking spaces before the ordering speaker and two (2) stacking spaces after the ordering speaker in each drive-thru lane. Each vehicle stacking space in a drive-thru lane shall be a minimum of twenty (20) feet in length.

11.

Speaker noise levels measured at the property line shall not exceed applicable City noise standards.

(Ord. No. 650, § 3, 4-28-2025)

A.

The sale of personal possessions in outdoor areas or from the garage of a dwelling within an R-VL, R-L, R- M, or R-H zone district shall be limited to no more than three (3) such sales per year. Commonly referred to as garage or yard sales, each sale shall be limited to three (3) consecutive days and unsold possessions shall be removed from public view and stored within the premises.

B.

Materials to be sold shall be personal possessions. No materials shall be offered for sale that have been acquired solely for the purposes of the resale.

C.

The driveway, yard, or other space used for the purposes of the sale shall be restored to its normal residential character at the conclusion of the sale, including removal of all signs.

(Ord. No. 650, § 3, 4-28-2025)

The provisions of this section shall apply to all manufactured homes not located in an approved mobile home park:

A.

No manufactured home shall be installed that was manufactured more than ten (10) years from the date of application for installation.

B.

Manufactured homes with wheels (i.e., mobile homes) are conclusively assumed to be older than ten (10) years old.

C.

All manufactured homes shall meet the following site or architectural standards:

1.

Size. A manufactured home shall not be less than eight (8) feet wide by forty (40) feet long and three hundred twenty (320) square feet in floor area. An efficiency unit shall not be less than one hundred fifty (150) square feet in floor area and meet all space and occupancy standards of Chapter 5 of the Uniform Housing Code.

2.

Garages and Carports. A minimum of a one-car garage or carport shall be provided for every manufactured house. The parking requirements of Chapter 17.54 shall also apply.

3.

Roof Overhangs. All manufactured housing units and garages shall have a pitched roof with a roof overhang on each of the perimeter walls such that the overhang is architecturally integrated into the design of the dwelling unit.

4.

Roofing Materials. All manufactured housing units and garages and carports located on the lot shall have a roof constituted of asphalt composition, clay, tile, concrete or metal tile or panels, slate or built-up asphaltic-gravel materials.

Siding Materials. All manufactured housing units and garages located on the lot shall have similar exterior siding materials consisting of wood, masonry, concrete, stucco, Masonite, or metal lap. The exterior siding material shall extend to the ground level, except that when a solid concrete or masonry perimeter foundation is used, the siding material need not extend below the top of the foundation.

6.

Foundations. All manufactured housing units and garages and carports shall be placed on a permanent foundation that meets the applicable building code requirements and/or the provisions of Section 18551 of the State Health and Safety Code such that the floor elevation of the dwelling is reasonably compatible with the floor elevations of the surrounding dwelling units.

7.

Utility connections. The mobile home electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent buildings. Gas shut-off valves, meters and regulators shall not be located beneath the manufactured homes.

8.

Deviations. The director may approve deviations from one (1) or more of the standards of this subsection on the basis of a finding that the architectural style proposed provides compensating design features and that the proposed dwelling will be compatible and harmonious with existing structures in the vicinity.

D.

See Section 17.60.210 for residential front yard paving design standards.

(Ord. No. 650, § 3, 4-28-2025)

A mini-warehouse or self-storage facility in the R-M zone shall only be located on a parcel that has frontage on and adequate main access to an arterial or collector street.

(Ord. No. 650, § 3, 4-28-2025)

A.

A mobile vendor or food truck is allowed only in zone districts identified in Chapter 17.08 as administrative uses.

B.

Mobile vendor and food truck regulations can be found in Title 5 Chapter 33 of the Woodlake Municipal Code.

(Ord. No. 650, § 3, 4-28-2025)

17.60.130 - Mobile home and Manufactured home parks.

A.

No mobile home or manufactured home shall be parked, occupied or used for any purposes, including without limitation living or sleeping purposes unless the mobile home or manufactured home is located within a licensed mobile home park, except that a mobile home may be used for the following temporary purposes outside of a mobile home park: as an office for a construction project, circus or carnival; as a residence of a watchman on the site of a construction project or an industrial facility to provide temporary living quarters for personnel in accordance with the provisions of Chapter 17.76.

B.

The site area standards for a mobile home park shall be as follows:

1.

The minimum area of a mobile home park shall be five (5) acres. If the area of the mobile home park is greater than five (5) acres, the first phase of mobile home park development shall not be less than five (5) acres and shall include all required recreational and service amenities.

2.

The maximum density shall be eight (8) mobile home or manufactured home sites per gross acre.

3.

Each mobile home or manufactured home site shall be not less than three thousand (3,000) square feet in area, including pad, parking, private access, landscaping and private storage area.

4.

No mobile home or manufactured home site shall be less than thirty (30) feet in width.

C.

The following clearance and setback area requirements shall apply to mobile home parks. No mobile home shall be located in any required building setback area, except that tow bars may extend into such setback area.

1.

The front and rear building setback areas for the site shall be a minimum of twenty (20) feet.

2.

The side building setback areas for the site shall be a minimum of ten (10) feet.

3.

The front, rear, and interior side setback areas for a mobile home site shall be a minimum of ten (10) feet.

4.

The street side setback areas (including driveways interior to the site) for a mobile home site shall be a minimum of five (5) feet.

D.

The following requirements for patios and pads shall apply to mobile home parks.

1.

Each mobile home site shall have a hard-surfaced patio area of not less than two hundred (200) square feet. A permanent porch greater than twenty (20) square feet in area may be counted as a part of the required patio area.

2.

Each mobile home site shall have a support pad of concrete or asphalt concrete laid over a compacted surface base which, in combination, are adequate to support the mobile home on a level plane.

E.

The following requirements for parking shall apply to mobile home parks.

1.

Not less than two (2) off-street paved parking spaces shall be provided within each mobile home site, one (1) of which may be tandem to the other.

2.

Not less than one (1) guest parking space shall be provided for each mobile home site at a location central to each four (4) contiguous mobile home sites; provided, however, guest parking shall not be required for mobile home sites along a mobile home park collector street constructed to the width prescribed in subsection E of this section.

3.

Parking shall be provided for central recreation buildings, park offices, and other similar buildings at a ratio of one (1) parking space for each 400 square feet of gross floor space.

4.

Supplemental parking for boats, recreation vehicles, and unoccupied travel trailers shall be provided at a ratio of one (1) parking space for each ten (10) mobile home sites and shall be used only by the mobile home park tenants. Such parking shall be clustered, easily accessible via interior drives, and shall be screened from view by means of a solid ornamental fence or wall and landscaping.

5.

All parking areas and spaces shall be designed and constructed in accordance with the provisions of Chapter 17.54.

F.

The following requirements for on-site streets shall apply to mobile home parks.

1.

Entrance streets shall be located to assure safe access to and from the public street system.

2.

Minor streets within the mobile home park shall be a minimum of thirty-two (32) feet of paved width, and collector streets shall be a minimum of 40 feet of paved width. Construction and paving of the streets shall be in accordance with city standards.

3.

Drainage along the street shall be constructed to provide adequate drainage. Construction of concrete curbs, gutters, and sidewalks shall be in accordance with city standards.

4.

Parallel parking shall be permitted on both sides of collector streets and on only one side of a minor street. Such on-street parking shall be in addition to the off-street parking requirements of this chapter.

G.

Driveways for individual mobile home sites, street signs, interior street lighting, storm drainage facilities, and water and sewer systems shall be installed subject to the approval of the city engineer and in accordance with city standards.

H.

All public utilities shall be installed underground, including electrical, telephone, street lighting cable, community television antenna connections, and ducts for cable television. A community television antenna and cable television with underground ducts and connections to each mobile home site shall be provided.

I.

The following requirements for recreation areas and pedestrian ways shall apply to mobile home parks.

1.

Common recreation areas in an aggregate total equal to ten (10) percent of the gross area of the mobile home park shall be provided at a location or locations which are easily accessible and convenient to park residents. The calculation of the common recreation areas shall not include yard areas, pedestrian ways, management offices, laundry and tenant storage areas, and parking areas.

Recreation areas shall be landscaped and maintained with all landscaped areas irrigated by an automatic underground sprinkler system.

3.

Pedestrian walkways shall be provided throughout the mobile home park connecting all mobile home or manufactured home sites with each other and with common recreation areas. Such pedestrian walkways shall be provided where possible at locations away from the interior street system to avoid conflicts in pedestrian and vehicle traffic.

4.

Common recreation areas may include parks and open space, playgrounds, clubhouses, community centers, and similar recreational uses.

J.

Mobile home parks shall provide permanently maintained landscaped areas and site screening as follows:

1.

A landscaped border along the front setback area and along the rear setback area if it is adjacent to a public street.

2.

An ornamental wall or fencing, seven (7) feet in height along all interior side property lines and along all rear property lines that do not abut a public street.

3.

An ornamental screen wall or fencing seven (7) feet in height along the street side yard and street front yard setback lines.

K.

Each mobile home park shall provide the following additional facilities:

1.

A laundry building for clothes washing and drying.

2.

Trash enclosures, constructed to city standards, at locations along the interior street system and integrated with the guest parking areas and which are convenient for all residents and for access by municipal refuse trucks.

L.

At the time of the placement on the site, all mobile homes and manufactured homes shall be fitted with appropriate skirts to obscure stands, pads and undercarriage equipment.

M.

Mobile homes and manufactured homes may be displayed and sold within a mobile home park similar to the sale of model homes within a residential subdivision, provided such mobile homes are not sold for delivery to any location other than within the park in which sold and are at all times placed on mobile home sites and connected to all utility services. No more than four (4) mobile homes shall be offered for sale at any one (1) time, and advertising for such sales shall be limited to one (1) non-illuminated sign not exceeding four (4) square feet in area on the site of each mobile home or manufactured home offered for sale.

N.

See Section 17.60.210 for residential front yard paving design standards.

(Ord. No. 650, § 3, 4-28-2025)

A.

The purpose of this section is to promote increased business and pedestrian traffic by providing safe and visually appealing opportunities to create outdoor dining areas in public areas.

B.

The following definitions shall apply to this section:

1.

"Outdoor dining area" means the use of portions of public sidewalks, public rights-of-way and common sidewalk areas within a shopping center as identified in this chapter and/or on-site open space used by a dining establishment or drinking establishment for the serving and consumption of food and/or beverages. Pass-through window and sidewalk counter service is also allowed when an outdoor dining area is provided pursuant to this section.

2.

"Dining establishment" means a structure whose principal use is the serving of food to the general public.

3.

"Drinking establishment" means a structure whose primary use is the serving of alcoholic beverages to the general public and the serving of food is an accessory use.

C.

Where Permissible. All outdoor dining areas must be located and operated adjacent to and incidental to the operation of a dining establishment or drinking establishment. Use of the sidewalk must be confined to the actual sidewalk and public right-of-way frontage of a dining establishment and must not encroach upon adjacent sidewalk or public right-of-way. Subject to the provisions of this section on-site open space areas may also be used as an outdoor dining area.

1.

Outdoor dining enclosures need to enclose the entire outdoor café area, leaving required exit width accommodations for occupancy of facility.

2.

Take-out establishments, where food is purchased inside the building, may have unscreened outdoor dining areas, provided that 48" of clear space is maintained at all times for pedestrian movement. Street signage, furniture, and landscaping shall not encroach in this 48" clear space.

3.

Outdoor dining behind or to the side of a building is permitted. Outdoor spaces should be buffered from parking areas or drive aisles by low walls, landscaping, or other features to clearly define the edges of the space. Their outdoor spaces should be accessed from the building they serve.

D.

Required Sidewalk Width. Use of the sidewalk area for an outdoor dining area is permitted only where the sidewalk is wide enough to allow for a minimum of four (4) consecutive feet of sidewalk width at every point in front of the dining establishment which is clear and unimpeded for pedestrian and wheelchair traffic.

E.

Alcoholic Beverages. The service of alcoholic beverages and its consumption by customers in an outdoor dining area shall be restricted as follows:

1.

The outdoor dining area must be immediately adjacent to and abutting the dining establishment or drinking establishment.

2.

The outdoor dining area, when serving alcohol and when permitted by this section to be located on a sidewalk, must be clearly delineated from pedestrian traffic with a minimum 30-inch to a maximum 36-inchtall removable open-style railing, fence or roped boundary or plants and flowers in ornamental planter boxes and pots that are architecturally compatible with the structure housing the dining establishment.

3.

The operator shall post a written notice to customers as approved by the city which states that the drinking or carrying of an alcoholic beverage is prohibited and unlawful outside of the outdoor dining area.

4.

The service of alcoholic beverages in the outdoor dining area must be licensed by the California Department of Alcoholic Beverage Control and comply with all licensing requirements.

F.

Health Standards. Prior to serving any food or beverage in an outdoor dining area, the outdoor dining area must be inspected and approved by the County Health Department. All exterior surfaces within the outdoor dining area shall be kept clean at all times. Restrooms shall be provided in the adjoining dining establishment or drinking establishment. The operator shall maintain the outdoor dining area, including without limitation, the sidewalk surface and furniture and adjacent areas, in a clean and safe condition at all times.

G.

Hours of Operation. Hours of operation for outdoor dining areas are to coincide with those of the dining establishment, or drinking establishment, or the hours of operation set by the Alcohol Beverage Control license if alcohol is served, whichever is more restrictive.

H.

Special Closures. The city shall have the right at any time, and from time to time to prohibit the use of the public sidewalk and public right-of-way as an outdoor dining area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, marches, repairs to the street or sidewalk, or from emergencies occurring in the area.

I.

Permit Issuance, Findings, and Conditions. In order to operate an outdoor dining area, a person must obtain an outdoor dining area permit issued by the director. The application for an outdoor dining permit shall be processed as an administrative use permit as provided in Chapter 17.74. The application for the outdoor dining permit shall be accompanied by a filing fee established by the city council and an accurate drawing showing the configuration of the outdoor dining area, including without limitation, table placement and the method of separating the outdoor dining area from pedestrian traffic. The following conditions must be satisfied before an outdoor dining permit can be issued:

1.

The proposed operation of the outdoor dining area satisfies all of the applicable provisions of this section.

2.

An outdoor dining area located on a public sidewalk or public right-of-way shall have the same floor elevation as the sidewalk or right-of-way area.

3.

The applicant shall execute an indemnity agreement in a form provided by the city pursuant to which the applicant agrees to indemnify, defend and hold the city and its officials, officers, employees and agents harmless from any and all claims, damages, costs, including reasonable attorney fees, and losses arising from, or in any way related to the applicant's operation of the outdoor dining area.

4.

If any portion of the outdoor dining area is located in the public sidewalk or public right-of-way, the applicant shall maintain, at all times during which the outdoor dining permit is in effect, a policy of general comprehensive liability insurance with limits as approved by the city and insuring against injury or death of a person and for claims of property damage resulting from the applicant's use of its outdoor dining area. The city and its officials, officers, employees and agents shall be named as additional insured under such insurance policy, and the applicant shall cause its insurer to waive the right of subrogation with respect to the city and its officials, officers, employees, and agent. The applicant will deliver to the city endorsements to the applicant's insurance policy as evidence of the satisfaction of these insurance requirements.

5.

Such other conditions as the city may deem necessary, including, without limitation, conditions to ensure the public safety, to protect public improvements and provide aesthetic improvements.

6.

No merchandise of any kind shall be displayed in the outdoor dining area except as specifically allowed by the outdoor dining permit.

J.

All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. All outdoor furniture must be of commercial quality to withstand the wear of outdoor use; plastic tables and chairs are not permitted. Umbrellas must be secured with a minimum base of not less than sixty (60) pounds.

K.

Term. An outdoor dining permit is personal to the applicant and may not be transferred, assigned or conveyed to any other person. An outdoor dining permit shall terminate on the date the applicant no longer operates the outdoor dining area or discontinues the use of the outdoor dining area for a continuous 12month period. If a dispute arises as to the date of termination, the decision of the city as to the date of termination shall be final and binding upon the applicant.

L.

Violation/Revocation. The Director shall provide written notice to an applicant of any violation of its outdoor dining permit. Such written notice shall identify the violations of the outdoor dining permit and any provisions of this section. The applicant shall have seven (7) days from the date of such written notice to cure the violations identified in the written notice. If the violations are not cured to the satisfaction of the community and economic development department within said seven (7) day period, the applicant's outdoor dining permit shall automatically terminate without further action by the city and the applicant shall

The applicant shall have seven (7) days from the date of such written notice to cure the violations identified in the written notice. If the violations are not cured to the satisfaction of the community and economic development department within said seven (7) day period, the applicant's outdoor dining permit shall automatically terminate without further action by the city and the applicant shall

immediately discontinue use of the outdoor dining area. If the city, in its sole discretion, determines that the continued operation of an outdoor dining area is an immediate threat to the health or safety of any citizen of the city, the community development department may immediately, and without written notice and opportunity to cure, revoke an outdoor dining permit. If an outdoor dining permit is terminated or revoked, the city shall not process an application for an outdoor dining permit for that same manager/owner of the premises for a period of six (6) months from the date of termination or revocation.

M.

Appeal Procedures. A decision of the director pertaining to the outdoor dining application or permit may be appealed in accordance with the provisions of Chapter 17.70.

N.

Enforcement. The director, code enforcement officer, police department or other person authorized by the city administrator, shall be authorized to enforce provisions of this section and to take such action as may be necessary to ensure compliance with this section.

(Ord. No. 650, § 3, 4-28-2025)

In all commercial and industrial zones, outdoor storage of materials or equipment that occupies a volume of more than sixty (60) cubic feet and is visible from any abutting public street or abuts property used for residential purposes, shall meet the following standards. This section does not apply to temporary storage, such as storage during construction.

A.

Outdoor storage areas shall be enclosed by a view-obscuring fence or wall at least six (6) feet in height. All gates provided for ingress and egress in any required fence or wall shall be at least six (6) feet in height and shall be of view-obscuring construction. The use of galvanized chain-link or wood fence material is not allowed, especially adjacent to streets. Chain link with vinyl slats for screening purposes is permitted.

B.

Materials shall be stacked in outdoor storage areas to a height no greater than that of any building, wall, fence, or gate enclosing the storage area. This subsection shall not apply to a junk yard, wrecking yard, or salvage facility.

C.

No storage shall be permitted in any required front or side yard setbacks adjacent to a public street or highway.

(Ord. No. 650, § 3, 4-28-2025)

17.60.160 - Recycling collection facilities.

A.

Small and large collection recycling facilities shall meet the following standards:

1.

Recyclable materials shall be stored in a permanent structure on a foundation (temporary structures, such as shipping containers, for this use are not allowed).

2.

An adequate on-site refuse container for disposal of non-hazardous waste and a container for customers to pour remaining liquids into from their CRV materials shall be provided.

3.

The permanent structure and surrounding area shall be cleaned and washed and all litter surrounding the site removed as needed to maintain a safe and healthy environment.

4.

The operator shall post a sign advising that it is illegal to take shopping carts or that possession of stolen shopping carts is a misdemeanor.

(Ord. No. 650, § 3, 4-28-2025)

17.60.170 - Sale of new and used automobiles and trucks.

In all zone districts, the off-site sale of new and used automobiles and trucks is prohibited.

(Ord. No. 650, § 3, 4-28-2025)

17.60.180 - Shipping containers.

A.

Shipping containers, also known as C-trains, may only be used for storage in the C-S, OS, I and PF zones, on city-owned sites in any zone, and during construction to temporarily store equipment or material in any zone.

B.

Shipping containers shall be incidental to the primary use on the site and/or shopping center. They are not permitted as an accessory use to a stand-alone parking lot. They are not permitted on vacant property.

C.

The maximum number of shipping containers allowed on a site shall be limited to one (1) per each twenty thousand (20,000) square feet of building area. For buildings less than twenty thousand (20,000) square feet, one (1) shipping container is allowed.

D.

Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first.

E.

Shipping containers shall be located, screened, or painted so as to be difficult to view from a public rightof-way, state highway, or residential zone district, to the greatest extent feasible as determined by the director.

F.

Shipping containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within 48 hours of being damaged. Graffiti shall be removed within 24 hours.

G.

Shipping containers may not be used to store flammable liquids or other hazard materials, as determined by the Fire Chief.

H.

Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief.

I.

There shall be no utility connections to the shipping container unless specifically allowed through a building permit.

J.

Residential and/or commercial use. Shipping containers converted for residential or commercial use, or any other such occupied space, shall secure all entitlements that are required of conventional structures, shall comply with all provisions of the zone district in which they are located, other applicable provisions of the Municipal Code, and shall secure a building permit.

(Ord. No. 650, § 3, 4-28-2025)

A.

New below-ground swimming pools shall be constructed at least five (5) feet from any property line.

B.

Swimming pools shall be entirely closed by structures, fences, or walls in compliance with California Government Code Section 115920 - The Swimming Pool Act.

C.

Fences and walls used to enclose a swimming pool shall have a minimum height of five (5) feet. Such fences shall be substantial and shall be constructed so there are no openings greater than three (3) inches when all gates are closed. All gates, five (5) feet or less in width, in enclosing fences shall be self-closing and self-latching. All gates greater than five (5) feet in width shall be provided with a means of latching said gate closed. All latches on gates in enclosing fences shall be a minimum of four (4) feet above grade.

D.

No swimming pool shall be filled with water until the enclosing fence or wall has been constructed and approved by the building inspector. Surrounding structures, existing fences and gates shall suffice for this requirement if they comply with all requirements of this section as determined by the building inspector.

(Ord. No. 650, § 3, 4-28-2025)

The preferred location for vending machines is inside buildings. Vending machines installed outdoors shall meet the following requirements:

A.

Outdoor vending machines shall be located along the face of a building or against a structure designed to accommodate them.

B.

A minimum walkway of four (4) feet is required in front of all outdoor vending machines.

C.

Outdoor vending machines shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.

D.

Outdoor vending machines shall not be placed in a location that will block parking areas or create an unsafe situation.

E.

Vending machines are permitted to cover up to a maximum of ten (10) percent of the length of the primary building frontage, or twenty (20) feet, whichever is less.

F.

Vending machine installations shall not have exposed conduits, piping or overhead utility connections.

G.

All outdoor machines shall be maintained in a clean and attractive condition.

H.

Any graffiti on an outdoor vending machine shall be removed within twenty-four (24) hours.

I.

If the outdoor machine is removed the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.

(Ord. No. 650, § 3, 4-28-2025)

17.60.210 - Wireless Communication Facilities and Towers.

See Chapter 17.68 for standards for wireless communication facilities and towers.

(Ord. No. 650, § 3, 4-28-2025)

See Chapter 17.62 for standards for adult entertainment establishments.

(Ord. No. 650, § 3, 4-28-2025)

The provisions of this section are to apply to emergency shelters, including low barrier navigation centers, meant to provide temporary shelter to individuals in the community. The standards for emergency shelters shall be in accordance with Government Code Sections 65583, 65584, and 65660.

A.

An Emergency Shelter or Low Barrier Navigation Center shall comply with the following development standards:

1.

External lighting may be provided. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way.

2.

Common facilities including cooking and dining, recreation, counseling, child care, and other support services, laundry facilities, pet shelter, and exercise areas are recommended in accordance with Housing First practices.

3.

If client intake occurs on site, an enclosed or screened waiting and intake area must be provided on the property to prevent queuing in the public right-of-way.

The agency or organization operating the shelter (provider) shall provide security for residents, visitors and employees during hours that the emergency shelter is in operation.

5.

The agency or organization operating the Low Barrier Navigation Center must have a written management plan that specifies the hours of operation and the number of beds.

B.

A Low Barrier Navigation Center shall comply with all of the following operational requirements:

1.

Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.

Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(Ord. No. 650, § 3, 4-28-2025)

The provisions of this section are to apply to transitional and supportive housing in accordance with Government Code Section 65582 and 65583.

A.

The general parking standards for transitional and supportive housing developments can be found in Section 17.54.040. Developments located within a one-half (0.5) mile radius of a transit stop shall not have a minimum required number of parking spaces pursuant to Government Code Section 65654.

B.

Transitional and supportive housing shall be permitted as residential uses, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone, consistent with Government Code Section 65583(a)(5).

(Ord. No. 650, § 3, 4-28-2025)

Chapter 17.61 - TEMPORARY CANOPY STRUCTURES IN RESIDENTIAL ZONES

For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:

A.

"Canopy structures" shall mean all structures, canopies, temporary carports, membrane structures or other canopies that are temporary coverings of plastic, cloth, nylon, aluminum, metal or other similar materials supported by a frame, including, but not limited to, prefabricated canopies available from retail outlets.

B.

"Property" shall mean the real property or parcel of land or real estate as specified.

C.

"Temporary" shall mean a maximum of seventy-two (72) hours.

(Ord. No. 650, § 3, 4-28-2025)

17.61.020 - Standards and Procedures.

Temporary canopy structures shall comply with the following standards and procedures:

A.

Canopy structures shall not be allowed in driveways, front yard setback areas, or side yard setback areas.

B.

Canopy structures shall not exceed a height of seven (7) feet from grade to the highest point of such temporary structure.

C.

Canopy structures shall not be attached to a residence, accessory structure, or other improvement.

D.

Canopy structures shall not be used as carports nor be installed over a driveway or used for vehicle storage.

E.

No parking or storage shall be permitted under temporary canopy structures.

F.

Canopy structures shall be open on all sides.

G.

Canopy structures may only be located in rear yards and shall be located a minimum of five (5) feet from the side and rear property lines.

H.

Canopy structures shall be located a minimum of eleven (11) feet from residences, accessory structures, or other improvements.

I.

Canopy structures shall not be larger than one hundred fifty (150) square feet.

J.

Canopy structures in residential zones that exist at the time of this ordinance shall be removed immediately or comply with section 17.61.020(F).

K.

Canopy structures are not allowed in Commercial or Industrial zones.

L.

Canopy structures that block visibility to a residence from a public right-of-way for privacy purposes, which otherwise meet the requirements herein, may be permitted for a time that exceeds 72 hours with the approval of the community development director.

(Ord. No. 650, § 3, 4-28-2025)

A.

A permit may be issued administratively for a temporary canopy structure for special family or service events. Such exception shall not exceed seventy-two (72) hours and shall not be approved more than three (3) times per calendar year per property.

B.

Nothing in this chapter shall be deemed to affect or impair the city's right to determine that any property is being maintained in such a way as to constitute a violation pursuant to the provisions of this chapter.

(Ord. No. 650, § 3, 4-28-2025)

A.

Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by the city and authorized by Government Code Section 53069.4

B.

Each and every day that a violation of any city ordinance exists shall constitute a separate and distinct violation.

(Ord. No. 650, § 3, 4-28-2025)

Chapter 17.62 - ADULT ENTERTAINMENT ESTABLISHMENTS

A.

It is the purpose and intent of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of Woodlake and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the ordinance to condone or legitimatize the distribution of obscene material.

B.

One (1) of the important purposes of the regulations set forth in this chapter is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this chapter shall permit or be interpreted to permit to be interpreted to permit any use, conduct, and/or activity that is specifically prohibited under the following California Penal Code sections:

1.

Receipt of money for placement of person for purposes of cohabitation (Penal Code 266d).

Purchase of person for purposes of prostitution of placement of person for immoral purposes (Penal Code 266e).

3.

Sale of person of immoral purposes (Penal Code 266f).

4.

Pimping (Penal Code 266h).

5.

Pandering (Penal Code 266i).

6.

Lewd or obscene conduct (Penal Code 314).

7.

Houses of ill-fame (Penal Code 315).

8.

Disorderly houses which disturb the immediate neighborhood (Penal Code 316).

9.

Places of prostitution (Penal Code 317).

10.

Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code 11225).

C.

Nothing in this chapter shall be interpreted to permit or permit any use, conduct, and/or activity that violates any federal, state or local law of regulation.

(Ord. No. 650, § 3, 4-28-2025)

For the purposes of this chapter, certain terms and words are defined as follows:

A.

"Sexually oriented businesses" are those businesses defined as follows:

1.

"Adult arcade" means an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

2.

"Adult bookstore," "Adult novelty store" or "Adult video store" means a commercial establishment which (a) has as a significant or substantial portion of its stock-in-trade or (b) derives a significant or substantial portion of its revenues or (c) devotes a significant or substantial portion of its interior floor or display space or (d) devotes a significant or substantial portion of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one (1) or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction of description of "specified sexual activities" or "specified anatomical areas."

b.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

c.

An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one (1) of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."

3.

"Adult cabaret" means a nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude or in a state of nudity or semi-nude; (b) live performances which are characterized by the exposure of "specified anatomical areas," or by "specified sexual activities," or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult motel" means a motel, hotel or similar commercial establishment that: (a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to rent or sub-rent the sleeping room for a time period of less than ten (10) hours.

5.

"Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions depicting or describing "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

6.

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form or consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

7.

"Nude model studio" means any place where a person, who appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one (1) nude model is on the premises at any one (1) time.

8.

"Regularly features" or "regularly shown" with respect to an adult cabaret, adult theater, or adult motion picture theater means at least three times within any thirty (30) day period; or carried on as part of the business's routine scheduling of events or activities and not so infrequently as to constitute a single, rare or unusual event or occurrence.

9.

"Significant" or "substantial portion" means such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that a sexually oriented portion of the business is one (1) of its important activities, though not necessarily its only or even primary activity; for this purpose,

evidence that twenty-five (25) percent or more of its revenues are derived from such sexually oriented activities or materials, or that twenty-five (25) percent or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty-five (25) percent or more of its actual stock in trade regularly displayed and immediately available for use, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in Section 17.65.02 of this chapter, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.

B.

"Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operation of said business.

C.

"Establishment" means and includes any of the following:

1.

The opening or commencement of any such business as a new business.

2.

The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter.

3.

The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business.

4.

The relocation of any such sexually oriented business.

5.

The substantial enlargement of any such sexually oriented business.

D.

"Nudity" or "state of nudity" means (a) the appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

E.

"Operator" means and includes the owner, permit holder, custodian manager, operator or person in charge of any permitted or licensed premises.

F.

"Permitted or "Unlicensed premises" means any premises that require a license and/or permit that is classified as a sexually oriented business.

G.

"Permittee and/or licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

H.

"Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.

I.

"Public building regularly frequented by children" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodian.

J.

"Public park" or "recreation area" means public land which has been designated for park or recreational activities including, but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

K.

"Religious institution" means any church, synagogue, mosque, temple or building which is primarily for religious worship and related religious activities, as identified on the latest equalized tax roll.

L.

"School" means any public or private educational facility including, but not limited to nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school grounds but does not include the facilities used primarily for another purpose and only incidentally as a school.

M.

"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

N.

"Sensitive land uses" means residences and residential neighborhoods, child day care facilities, cemeteries, religious institutions, schools, boys' clubs, girls' clubs, or similar existing youth organizations, or public parks, or any public building regularly frequented by children.

O.

"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio.

P.

"Specified anatomical areas" as used in this chapter means and includes any of the following:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae.

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Q.

"Specified sexual activities" as used in this chapter, means and includes any of the following:

1.

The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts.

2.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.

3.

Masturbation, actual or simulated.

4.

Human genitals in a state of sexual stimulation, arousal or tumescence.

5.

Excretory functions as part of or in connection with any of the activities set forth in subsections 1 through 4 of this subsection.

R.

"Substantial enlargement of a sexually oriented business" means an increase in the floor areas occupied by the business as the floor areas existed on the affected date of this chapter.

S.

"Transfer of ownership or control of a sexually oriented business" means and includes any of the following:

1.

The sale, lease or sublease of the business.

2.

The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange or similar means.

(Ord. No. 650, § 3, 4-28-2025)

17.62.030 - Establishment and classification of businesses regulated.

The establishment of any sexually oriented business shall be permitted only in the zone district permitted, and shall be subject to the following restrictions: No person shall cause or permit the establishment of any sexually oriented businesses, as defined above, within one thousand (1,000) feet of any sensitive land use, as defined above. These limitations apply to sexually oriented businesses classified as follows:

A.

Adult arcade.

B.

Adult bookstore, adult novelty store, or adult video store.

C.

Adult cabaret.

D.

Adult motel.

E.

Adult motion picture theater.

F.

Adult theater.

G.

Nude model studio.

(Ord. No. 650, § 3, 4-28-2025)

The distance between any sexually oriented business and any sensitive land use shall be measured in a straight line, without regard to intervening structures or objects from property line to property line.

(Ord. No. 650, § 3, 4-28-2025)

The City of Woodlake's zoning ordinance requires that sexually oriented businesses shall be allowed only in a zone where such uses are specifically permitted; the C-S and I zones, at the time of adoption of this chapter. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in the City of Woodlake Municipal Code. In addition, any sexually oriented business shall be subject to the following restrictions:

A.

The person commits a misdemeanor, if he operates or causes to be operated, a sexually oriented business outside of the permitted zone.

B.

The person commits a misdemeanor if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any sensitive land use, as defined above.

(Ord. No. 650, § 3, 4-28-2025)

A.

Any sexually oriented businesses operating on (effective date of this ordinance) that is in violation of Sections 17.65.01—17.65.05 shall be deemed a nonconforming use. A non-conforming use will be permitted to continue for a two-year period with possible extensions for extenuating circumstances to be granted by the city council only upon a convincing showing of extreme financial hardship. Such extensions shall not exceed a total of three (3) years in addition to the initial amortization period. Any such nonconforming business loses its right to operate as a non-conforming use, if, for any reason, it voluntarily discontinues its business operation for a period of thirty (30) days or more or if its license to operate is revoked, and such revocation is not overturned by a court of competent jurisdiction. Such non-conforming uses, while non-conforming, shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

B.

A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit and/or license, within one thousand (1,000) feet, of a sensitive land use. This provision applies only to the renewal of a

valid permit and/or license, but this provision does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.

C.

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 non-conforming status of such use.

D.

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 Sections 17.65.03—17.65.05 shall be terminated within two (2) years of the date of annexation unless an extension of time has been approved by the city council in accordance with the provisions of Section 17.65.06A.

(Ord. No. 650, § 3, 4-28-2025)

A person who operates or causes to be operated a sexually oriented business without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the misdemeanor punishable by a fine of one thousand dollars ($1,000.00) and/or one hundred eighty (180) days imprisonment, or by both such fine and imprisonment. If an injunction is sought and granted, the sexually oriented business shall be obligated to pay the city, attorneys' fees and costs of the city, at the discretion of the court.

(Ord. No. 650, § 3, 4-28-2025)

It is a defense to prosecution under this chapter if a person appearing in a state of nudity did so in a modeling class operated:

A.

By a proprietary school, licensed by the State of California; a college, junior college, or university supported entirely or partly by taxation.

B.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

C.

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.

2.

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

3.

Where no more than one (1) nude model is on the premises at any one (1) time.

(Ord. No. 650, § 3, 4-28-2025)