Chapter 17.13 NORTHEAST OVERLAY DISTRICT

Chapter 17.13
NORTHEAST OVERLAY DISTRICT

Sections:

17.13.010 Definitions.

17.13.015 Design, use regulations.

17.13.020 Liquor.

17.13.030 –

17.13.090 Repealed.

17.13.010 Definitions.

As used in this chapter, the following terms shall have the following meanings:

A. “Adult entertainment business” means an establishment where the principal portion of the business operates as an “adult arcade,” “adult bookstore and/or adult video store,” an “adult entertainment cabaret,” an “adult motel/hotel,” an “adult motion picture theater,” an “adult card, gift, or novelty center,” or any combination thereof.

1. “Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting “specified sexual activities” or “specified anatomical areas.”

2. “Adult bookstore and/or adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations, which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas.”

A business purpose shall be a principal business purpose if any one of the following applies:

a. A principal portion of the business’s displayed merchandise consists of the foregoing enumerated items;

b. A principal portion of the wholesale value of the business’s displayed merchandise consists of the foregoing enumerated items;

c. A principal portion of the retail value of the business’s displayed merchandise consists of the foregoing enumerated items;

d. A principal portion of the business’s revenues derive from the sale or rental for any form of consideration the foregoing enumerated items;

e. A principal portion of the business’s interior business space is used for the display, sale, or rental of the foregoing enumerated items;

f. The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering “adult” or “xxx” or “x-rated” or “erotic” or “sexual” or “pornographic” material on signage visible from a public right-of-way.

3. “Adult card, gift, or novelty store” means an establishment having as a principal portion of its stock in trade items, such as cards, games, articles of clothing and novelties, which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

4. “Adult entertainment cabaret” means and includes a nightclub, bar, theater, restaurant or similar establishment that regularly features:

a. Live performances by semi-nude dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas;

b. Films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons;

c. Persons who appear in a state of semi-nudity; or

d. Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customer.

5. “Adult motel/hotel” means a motel, hotel, or similar commercial establishment which:

a. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the display of “specified sexual activities” or “specified anatomical areas”; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on- or off-premises advertising, including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television;

b. Offers a sleeping room for rent for a period of time that is less than ten hours; or

c. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

6. “Adult motion picture theater” means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas” are regularly shown to more than five persons for any form of consideration.

B. “Principal portion” means at least thirty-five percent of the thing so described.

C. “Specified anatomical areas” means and includes:

1. Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

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

D. “Specified sexual activities” means any of the following:

1. Human genitals in a state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;

4. Flagellation or torture in the context of a sexual relationship;

5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6. Erotic touching, fondling or other such contact with an animal by a human being; or

7. Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in subsections (D)(1) through (6) of this section. (Ord. 2016-08 § 4, 2016; Ord. 2015-26 § 6, 2015)

17.13.015 Design, use regulations.

A. Design – Conditions of Allowed Uses. The northeast overlay district (“NOD”) is designed to accommodate activities that have deleterious secondary effects on existing businesses as well as the surrounding residential areas by establishing reasonable and uniform zoning regulations and thereby minimizing the impact of such deleterious secondary effects. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither 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 this chapter to condone or legitimize the distribution of obscene material.

Except as more specifically set forth herein, uses allowed in the NOD district are subject to the same conditions as the I-2 district as set forth in RMC 17.09.210.

B. Permitted Uses. The following uses are permitted in the NOD district:

1. Any use permitted in the I-2 district.

2. Adult entertainment business.

3. A use defined as an adult entertainment business shall be allowed as a permitted use in the NOD district for zoning purposes, provided it is in compliance with all general requirements of the NOD.

C. Conditional Uses. The following conditional uses may be allowed in the NOD district, subject to the provisions of RMC 17.03.110:

1. Any use allowed as a conditional use in the I-2 district, unless already permitted in subsection B of this section.

D. Signs. Signs shall be subject to the regulations contained in Chapter 17.10 RMC as it relates to the I-2 district.

E. Off-Street Parking and Loading Requirements. Off-street parking and loading facilities shall be provided in accordance with Chapter 17.11 RMC as it relates to the I-2 district.

F. Restrictions.

1. Distance Requirements. No adult entertainment business shall be allowed within five hundred feet of another adult entertainment business. Such distance shall be measured along a straight line without regard to intervening structures or uses from the nearest property line of the zoning lot devoted to the adult entertainment business to the nearest property line of the zoning lot on which occurs such preexisting adult entertainment business.

2. Observation Outside of Lot. No adult entertainment business shall be conducted in any manner that permits the observation from any point not on the zoning lot on which the adult entertainment business has been permitted of any material depicting, describing or relating to “specified anatomical areas” or “specified sexual activity,” as those terms are defined in RMC 17.13.010. This prohibition shall apply to any display, decoration, sign, show window or other opening.

3. Number Allowed. No zoning lot shall be devoted to more than one adult entertainment business. (Ord. 2015-26 § 7, 2015)

17.13.020 Liquor.

No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use. (Ord. 97-16, 1997)