Chapter 17.83
SEXUALLY ORIENTED BUSINESS OVERLAY ZONE
Sections:
17.83.020 Sexually oriented business site locations.
17.83.050 Adult bookstores not incorporating arcade uses – Additional requirements.
17.83.090 Parking and lighting regulations.
17.83.100 Number of permitted uses per structure.
17.83.110 Violation – Penalty.
17.83.120 Public nuisance – Injunctions.
17.83.010 Purpose.
A. It is the purpose of this chapter to regulate sexually oriented businesses and related activities. To promote the health, safety, morals and general welfare of the citizens of the city. To establish reasonable and uniform regulations, while protecting speech activities under the First Amendment of the U.S. Constitution and Article I, Section 5 of the Washington State Constitution. To prevent the deleterious locations of sexually oriented businesses within the city.
B. 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 the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the state or federal constitutions, or deny access by the distributors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to condone or legitimize the distributors of lewd and obscene materials. For the purposes of this chapter, certain terms and words are defined in Chapter 17.16 CRMC. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.020 Sexually oriented business site locations.
Sexually oriented businesses shall locate only within the industrially zoned areas of the city as a conditional use; provided, however, that even within such zones a sexually oriented business shall not locate within a distance of 2,000 feet of an existing school, church, youth/family oriented business, association, organization or residential zone. Such distance shall be measured in a straight line from the nearest property line of the aforementioned uses and zones to the nearest property line of the site upon which the sexually oriented business is proposed to locate. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.030 Restrictions.
For the reasons stated in this chapter, a person shall not use any property or premises for a sexually oriented business within the city except and only subject to all regulations, conditions, and within such geographical areas as are enumerated in this chapter.
A. Adult arcade;
B. Adult bookstore, adult novelty store or adult video store;
C. Adult cabaret;
D. Adult motion picture theater;
E. Adult theater;
F. Nude/semi-nude model studio;
G. Adult motels/hotels. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.050 Adult bookstores not incorporating arcade uses – Additional requirements.
Adult bookstores, adult novelty stores or adult video stores not including or incorporating into the business conduct those activities described in the definition of “adult arcade” may locate or continue to operate within commercial zones of the city, as well as the sexually oriented business site locations; provided, however, such businesses locating within a commercial zone shall be subject to the following additional requirements:
No building or structure used for an adult bookstore, adult novelty store or adult video store as defined in CRMC 17.16.028 shall locate closer than 1,200 feet from any other building or structure of similar nature, nor shall such a business locate within 2,000 feet of an existing church or school building, as measured in all compass directions from the exterior wall of the existing building to the closest property line of the subject building. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.060 Nonconforming uses.
Any sexually oriented business lawfully operating on the effective date of the ordinance codified in this chapter shall comply with Chapter 17.56 CRMC. Nonconforming uses shall not be increased, enlarged, extended, or altered except if such alterations are to a conforming use. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.070 Building facades.
All sexually oriented business building facades, exteriors, and exits must be indistinguishable from surrounding buildings. Illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall of a building used for a sexually oriented business, or on any door or apparatus attached to such building. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.080 Signs.
Signs shall be permitted as allowed in Chapter 17.82 CRMC. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.090 Parking and lighting regulations.
On-site parking shall be required and regulated in accordance with Chapter 17.52 CRMC, and in addition shall meet the following requirements:
A. All on-site parking areas and premises entries of sexually oriented businesses shall be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. An on-premises exterior lighting plan shall be presented to the city building department for approval prior to the operation of any sexually oriented business.
B. All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of fencing as approved by the city building department. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.100 Number of permitted uses per structure.
There shall be no more than one sexually oriented business operating in the same building, structure or portion thereof. In addition, there shall be no other non-sexually oriented business operating in the same building, structure or portion thereof in which a sexually oriented business is currently operating. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.110 Violation – Penalty.
Any person violating any provision(s) of this chapter shall be guilty of a misdemeanor. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or a jail term of not more than one year, or both. Each such person is guilty of a separate misdemeanor for each and every day which any violation of this chapter is committed, continued or permitted by any such person and such person shall be punished accordingly. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.120 Public nuisance – Injunctions.
Any sexually oriented businesses in violation of this chapter shall be deemed a public nuisance, which, in addition to all other remedies, may be abated by injunctive relief. [Ord. 2018-02 § 2 (Exh. A), 2018].
17.83.130 Appeals.
Appeals shall be in accordance with CRMC 17.80.050. [Ord. 2018-02 § 2 (Exh. A), 2018].