Chapter 19.76
ADULT USE BUSINESSES
Sections:
19.76.020 Chapter application.
19.76.030 Zoning district regulations.
19.76.040 Locational criteria.
19.76.050 Development standards.
19.76.060 Performance standards.
19.76.010 Purpose.
It is the purpose of this chapter, in conjunction with other applicable chapters of the Fife Municipal Code (FMC), to regulate the establishment of adult use businesses in order to promote health, safety, morals and general welfare of the citizens of Fife, and to establish reasonable and uniform regulations to prevent the deleterious location of adult use businesses within the city. 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 state or federal constitutions, 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 materials. (Ord. 1317 § 3, 1998).
19.76.020 Chapter application.
This chapter applies to any and all adult use businesses within the city of Fife. An adult use business includes an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency and nude or semi-nude model studio. (Ord. 1317 § 3, 1998).
19.76.030 Zoning district regulations.
A. Adult Use Bookstore. An adult use bookstore shall be prohibited in all zoning districts except the community commercial (CC) and regional commercial (RC) districts. An adult use bookstore is subject to a conditional use permit, the provisions of this chapter, and all other FMC adult use business requirements.
B. Other Adult Use Businesses. An adult use business, other than an adult use bookstore, shall be prohibited in all zoning districts except the regional commercial (RC) district. Within the RC district, an adult use business is subject to a conditional use permit, the provisions of this chapter, and all other FMC adult use business requirements. (Ord. 1401 § 1, 2000; Ord. 1317 § 3, 1998).
19.76.040 Locational criteria.
A. Separation Requirements. An adult use business which is conditionally permitted shall comply with the following locational criteria:
1. An adult use business shall be prohibited within 1,000 feet of any area zoned single-family residential, small lot residential, medium density residential, high density residential, neighborhood residential, neighborhood commercial and any other residential zoning district hereafter adopted. An adult use business, other than an adult use bookstore, shall be prohibited within 500 feet of any community commercial (CC) district.
2. An adult use business shall be prohibited within 1,000 feet of an existing residential use.
3. An adult use business shall be prohibited within 1,000 feet of any church or other religious facility or institution.
4. An adult use business shall be prohibited within 1,000 feet of any public or private school, technical school or training facility in which 25 percent or more of the students are under the age of 18.
5. An adult use business shall be prohibited within 1,000 feet of any playground or public park.
6. An adult use business shall be prohibited within 500 feet of any other adult use business.
7. An adult use business shall be prohibited within 500 feet of a bar, tavern or nightclub serving alcoholic beverages.
B. Distance Measurement. The distances within this chapter shall be measured by following a straight line, without regard to intervening structures, from the nearest point of the lot upon which the proposed adult use business is or is to be located, to the nearest point of the lot or the zoning district boundary line from which the proposed adult use business is or is to be separated.
C. Multiple Adult Use Activities within a Structure. Nothing within the locational requirements set forth in this chapter shall preclude an adult use business from conducting more than one adult use activity within a single structure, provided the adult use business shall comply with provisions of this chapter and all other provisions of the FMC.
D. Existing Adult Use Business. In the event an adult use business is legally established in accordance with the requirements of this chapter and one or more of the above uses is established within the required separation distance, the zoning conformity of the legally established adult use shall not be affected. (Ord. 1317 § 3, 1998).
19.76.050 Development standards.
In addition to the required development standards elsewhere in this title, adult use businesses shall comply with the following standards:
A. Only One Adult Use Business Per Building. Not more than one adult use business shall operate in the same building, and no non-adult use business shall operate in the same building in which an adult use business operates.
B. No Exterior Depictions of Nudity. The facades, exteriors, signs and premises of an adult use business shall not depict nude or semi-nude males or females. (Ord. 1317 § 3, 1998).
19.76.060 Performance standards.
In addition to the required performance standards elsewhere in this title, adult use businesses shall comply with the following standards:
A. Parking and Exterior Lighting. All on-site parking areas and entrances shall be illuminated from dusk until one hour past the business’s closing time. Lighting shall be sufficient to allow clear visibility of the parking areas, walkways and entrances.
B. Building Access. Access to the 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.
C. Hours of Operation. No adult use business, except adult motels, shall be conducted, operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 1317 § 3, 1998).