Chapter 18.86
ADULT CONCESSIONS
Sections:
18.86.020 Adult concessions permitted.
18.86.030 Locational standards for adult concessions.
18.86.040 Development standards.
18.86.050 Supplemental application requirements.
18.86.060 Relief from locational requirements.
18.86.010 Purpose.
The purpose of the adult concessions regulations is to establish a protection setback for adult concession uses to minimize impacts to schools, public parks, public libraries, state-licensed day care facilities, youth centers, churches and residential uses. It is also intended to disperse adult concessions, avoiding a concentration of these uses in any one area. (Ord. 847 § 2, 1997)
18.86.020 Adult concessions permitted.
Adult concessions shall be permitted by a conditional use permit in the C-2 and I-2 zones pursuant to the zoning standards listed for those zones and the additional standards included in this chapter, provided the following findings are met:
A. The proposed use is compatible with surrounding planned and existing uses;
B. The proposed use poses no threat to the public’s health, safety or general welfare;
C. The proposed use shall be sited, designed and operated in a manner consistent with the goals, policies and programs of the comprehensive plan. (Ord. 847 § 2, 1997)
18.86.030 Locational standards for adult concessions.
A. Any adult concession located in the city shall maintain a minimum distance of 800 feet from the following:
1. Property used for schools, both public and private;
2. Property used for public parks and/or public libraries;
3. State-licensed day care facilities;
4. Youth or community centers;
5. Churches, cemeteries or other religious facilities;
6. Other adult concession uses;
7. Other facilities or land uses which provide as a substantial portion of their activities the provision of services to children and/or youth.
B. The 800-foot distance shall be measured by following a straight line, without regard to intervening structures or obstacles, from the nearest point of the property upon which the proposed use is to be located, to the nearest point of the property from which the proposed land use is to be separated. (Ord. 847 § 2, 1997)
18.86.040 Development standards.
The development standards for adult concessions shall be the same as the applicable zoning regulations for the zoning district in which they are to be located, except as follows:
A. No electronic readerboards shall be allowed;
B. Parking areas shall be adequately illuminated to discourage loitering;
C. Landscaping and building lighting shall be designed to enhance the site’s appearance;
D. Exterior building colors shall be of natural or earth tones. (Ord. 847 § 2, 1997)
18.86.050 Supplemental application requirements.
To satisfactorily assess the proposed use’s impacts and to appropriately assign conditions as described in OMC 18.92.040, the applicant for an adult concession use shall submit the following information:
A. A fully dimensioned site plan, drawn to scale, detailing the location of parking, property lines, rights-of-way, setbacks and building footprints. The plan shall depict existing structures, both to be demolished and to be retained; shall show all pertinent easements for utilities access and drainage; shall show adjacent rights-of-way to the street centerlines; and shall list the applicant’s name, address and phone number.
B. A fully dimensioned set of elevations depicting all sides of the proposed use.
C. A fully dimensioned floor plan indicating interior uses.
D. A fully dimensioned signing and landscaping plan indicating the types and locations of signs, exterior lighting and plantings. (Ord. 847 § 2, 1997)
18.86.060 Relief from locational requirements.
A. Whenever the proponents of an adult concession subject to the locational requirements set forth in this chapter feel that the strict application of such requirements is not necessary to achieve an effective degree of physical separation between the adult concession and the land uses listed in OMC 18.86.030, the proponents may apply to the board of adjustment for a variance from such requirements.
B. In determining when a variance should be granted, and to what extent, the board of adjustment shall consider the following criteria in addition to those variance criteria listed in OMC 18.96.020:
1. Topographic and other features of the land providing actual separation between the proposed business and those protected land uses listed in this chapter;
2. Pedestrian and vehicular circulation patterns in the vicinity of the proposed activity;
3. Any other fact or circumstance having a significant effect upon the need for the full separation distance required by this chapter.
C. If, after considering these criteria, the board of adjustment finds that an effective separation between the proposed adult concession and the protected land uses listed in this chapter can be achieved without requiring the full distance of separation provided by this chapter, the board of adjustment shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for the variance shall be denied. (Ord. 847 § 2, 1997)