20D.20.10 Adult Entertainment Facilities.

20D.20.10-010 Purpose.

All adult entertainment facilities shall comply with the requirements of this section. The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the City. The standards established in this section apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, adult drive-in theaters, adult motels, adult motion picture theaters, adult retail stores, adult sauna parlors, escort agencies, and nude or semi-nude model studios. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: expressive dance as defined in RMC 5.68.030(R); plays, operas, musicals, or other dramatic works; classes, seminars, or lectures conducted for a scientific or educational purpose; printed materials or visual representations intended for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; nudity within a hospital, clinic, or other similar medical facility for health-related purposes; and all movies and videos that are rated G, PG, PG-13, R and NC-17 by the Motion Picture Association of America. (Ord. 1919. Formerly 20C.20.015)

20D.20.10-020 Separation Requirements.

Adult entertainment facilities shall be permitted as indicated in the table of Permitted Land Uses referred to in RCDG 20C.60.20-030 only if the following separation requirements are met:

(1) No adult entertainment facility shall be located closer than 825 feet to another adult entertainment facility whether such other facility is located within or outside the City limits.

(2) No adult entertainment facility shall be located closer than 825 feet to any of the following zones or uses whether such zone or use is located within or outside the City limits:

(a) A residential zone as defined in Chapter 20A.20 RCDG;

(b) An Urban Recreation zone as defined in Chapter 20A.20 RCDG;

(d) A community center as defined in Chapter 20A.20 RCDG;

(e) A public library;

(f) A day care center or family day care as defined in Chapter 20A.20 RCDG;

(g) A public or private nursery school or preschool;

(h) A public or private primary or secondary school; and

(i) A church, temple, synagogue, mosque or other similar religious facility (activities and uses related to churches, temples, synagogues, and mosques are not subject to the separation requirements). (Ord. 1919. Formerly 20C.20.015)

20D.20.10-030 Measurement.

The separation requirements specified in RCDG 20D.20.10-020 shall be measured as follows:

(1) The 825-foot buffer required by RCDG 20D.20.10-020(1) shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to the nearest point on the property line of the lot containing the other adult entertainment facility.

(2) The 825-foot buffer required by RCDG 20D.20.10-020(2) shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment facility to:

(a) The nearest point on the boundary line of a residential or Urban Recreation zone;

(b) The nearest point on the property line of a public park;

(c) The nearest point on the property line of the lot containing a public library, day care center, family day care, community center, public or private nursery school or preschool, public or private primary or secondary school, or church, temple, synagogue, mosque or other similar religious facility. (Ord. 1919. Formerly 20C.20.015)

20D.20.10-040 Waiver of Separation Requirements.

An applicant may obtain a waiver of the separation requirements required by this section only if the applicant demonstrates that all of the following criteria are met:

(1) Special Development Permit Required. Any party proposing to locate an adult entertainment facility within 825 feet of any zone or use specified in RCDG 20D.20.10-020 may do so only after obtaining a special development permit in accordance with RCDG 20F.40.140, Special Use.

(2) Special Notice Requirements. In addition to the notice requirements for special development permits, first class mailing of notice shall be made to all individuals owning or occupying property within 825 feet of the property for which the application is made. The applicant shall provide the name and addresses of all property owners and businesses within 825 feet of the property of the proposed location.

(3) Criteria for Decision. The final decision on the request for a waiver of the separation requirements shall be made by the City Council upon the recommendation of the Hearing Examiner, based upon consideration of the following criteria:

(a) The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zones or uses identified in RCDG 20D.20.10-020 in terms of visibility and access;

(b) The extent to which the proposed adult entertainment facility complies with the goals and policies of the Redmond Community Development Guide;

(d) The availability or lack of alternative locations for the proposed adult entertainment facility;

(e) The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and

(f) The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility. (Ord. 1919. Formerly 20C.20.015)

20D.20.10-050 Nonconforming Adult Entertainment Facility.

An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of RCDG 20F.10.50, Nonconformances, if a zone or use identified in RCDG 20D.20.10-020 locates within 825 feet of such adult entertainment facility after the date that such adult entertainment facility has located within the City in accordance with the requirements of this section. (Ord. 1919. Formerly 20C.20.015)