Chapter 18.38
ADULT ENTERTAINMENT BUSINESSES
Sections:
18.38.030 Variance from distance requirements.
18.38.040 Parking requirements.
18.38.010 Purpose.
The purpose of this chapter is to protect the general public, health, safety, and welfare of the citizens of the city through the regulation of adult entertainment businesses through zoning. The regulations set forth herein are intended to prevent crime, protect the city’s retail trade, maintain property values, and generally to protect and preserve the quality of the city’s neighborhoods, business and commercial districts, and the quality of life while allowing reasonable opportunities for the location of adult entertainment businesses within the city. (Ord. 1694 § 1, 1995)
18.38.020 Use regulations.
A. Minimum Distance Requirements. The following business requirements or buffers are established for any adult entertainment business. Any distance requirements shall be measured by following a direct line, without regard to intervening properties or buildings, from the nearest point of the property parcel, lot, grounds, or area of any of the below listed uses to the nearest point of the lot or parcel upon which any adult entertainment business is proposed to be located:
1. No adult entertainment business shall be located closer than 1,000 feet from any area zoned for residential use, nor closer than 1,000 feet from any library, any government building, any public or private school, university or college, any public playground, trail or recreation facility, any licensed day care center for children, any day care home or preschool, any church or religious facility, any youth activity center, any tavern or restaurant which has a state liquor license, any adult bookstore, any adult retail store, any adult video store, any adult motion picture theater, any adult mini-motion picture theater, or any adult entertainment business. The 1,000-foot buffer shall apply whether any of the above-listed uses or facilities are located inside or outside of the corporate limits of the city.
2. No adult entertainment business shall be located closer than 500 feet from any residential structure located inside or outside of the corporate limits of the city. (Ord. 1694 § 1, 1995)
18.38.030 Variance from distance requirements.
A. Whenever the proponent of an adult business establishment, subject to the distance requirements of SMC 18.38.020, feels that strict application of such requirements is not necessary to achieve an effective degree of physical separation between the adult business establishment and the uses set forth in SMC 18.38.020(A)(1) and (2), the proponent may do so only after obtaining a variance from the hearing examiner.
B. The uses set forth in SMC 18.38.020 (A)(1) and (2) shall not be located within 1,000 feet of an adult entertainment business. The party proposing to locate such a use within 1,000 feet of an adult entertainment business is considered an intervening use and may do so only after obtaining a variance from the hearing examiner.
C. A proponent of an adult business establishment or a party proposing an intervening use may apply to the hearing examiner for a variance from the requirements of SMC 18.38.020(A)(1) and (2). In determining when a variance should be granted and, if so, to what extent, the hearing examiner shall consider the following, in addition to the general criteria for the granting of a variance in SMC 18.50.030:
1. Topographical and other features of the land which provide actual separation between the proposed business or other land use and surrounding land uses;
2. Ability to avoid the adult entertainment business by alternate pedestrian and vehicular circulation routes; and
3. Any other fact or circumstance which has a significant effect upon the need for the full separation distance required by SMC 18.38.020.
If after considering these criteria the hearing examiner finds that an effective separation between the proposed adult business establishment and the uses set forth in SMC 18.50.020 can be achieved without requiring the full distance of separation provided by SMC 18.38.020, the hearing examiner shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for variance shall be denied. A request for reconsideration or appeal from the decision of the hearing examiner shall be governed by SMC 2.58.150 and 2.58.160. (Ord. 1694 § 1, 1995)
18.38.040 Parking requirements.
All parking areas for adult entertainment businesses shall be visible from the street fronting the structure. No access shall be allowed from the rear of the structure. (Ord. 1694 § 1, 1995)
18.38.050 Signage.
In addition to the restrictions imposed by this title or chapter based upon the zone or district in which the use is located, and the sign code, chapter 18.44 SMC, the following restrictions shall apply to any adult business as defined in chapter 18.04 SMC:
A. There may be no more than two signs, even if the business fronts on more than one street.
B. Each display surface of a sign must:
1. Be a flat plane, rectangular in shape;
2. Not be flashing or pulsating;
3. Have characters of a solid color;
4. Have no pictorial or graphic symbols on the sign;
5. The informational material shall be limited to the name and address of the business, identification of the establishment as an adult use, and the days and hours of operation.
C. The exterior of the building must comply with the requirements provided in the zoning code unless the owner elects to use the building exterior as the primary sign. Any message painted, attached, or otherwise applied to the exterior of the building is a display surface and is subject to the provisions of this section and the sign code, chapter 18.44 SMC.
D. Signs shall comply with the base zone sign regulations in terms of aggregate sign area, height, location, and other applicable requirements. (Ord. 1694 § 1, 1995)
18.38.060 Permit review.
An applicant shall prepare an environmental checklist and be subject to a threshold determination pursuant to WAC 197-11-310. In addition to the standard application materials, an applicant for an adult entertainment business shall submit to the director an independently prepared study addressing the economic impacts of the proposal. The study shall address such issues as property values, blighting, tax revenues, changes to commercial receipts, and other related issues which could directly or indirectly result from the proposal. The report shall be prepared by persons with sufficient expertise in this field as determined by the director. (Ord. 1694 § 1, 1995)
18.38.070 Amortization.
A. The nonconforming use provisions set forth in chapter 18.46.040 SMC shall not apply to adult entertainment businesses. For the purposes of this chapter, a “nonconforming use” constitutes an adult entertainment business which lawfully existed prior to annexation by the city and is maintained after the effective date of annexation and does not comply with the adult use business zoning requirements set forth in this chapter. Adult entertainment businesses established in the city limits which become nonconforming by virtue of uses that are annexed into a city causing buffer provisions to be no longer met shall also be considered a nonconforming use.
B. Adult entertainment businesses which are nonconforming uses as a result of any annexation by the city of Sumner shall be discontinued within two years of the date of annexation. Adult entertainment businesses which are nonconforming cannot be expanded, enlarged or intensified. Any building containing a nonconforming adult entertainment business may only be maintained with ordinary repair. It cannot be expanded or enlarged. Any change in a nonconforming adult entertainment business shall be to a use which is legally permitted within the zone in which it is located.
C. In the event a nonconforming adult entertainment business determines that the period set forth in subsection B of this section does not provide the adult entertainment business with a reasonable period of amortization, then no later than 180 days prior to the expiration of the period, the nonconforming adult entertainment business shall make application to the hearing examiner for an extension of time. The application shall be processed as a conditional use permit. Factors to be considered by the hearing examiner include the secondary adverse effects of the business on the neighborhood/community, the location of the business in relation to sensitive land uses such as schools, parks, churches, residential zone(s), and the business’ initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease obligation, as well as a contingency clause permitting termination of the lease, or whether a reasonable alternate use of the property exists.
D. Upon annexation, all nonconforming adult entertainment businesses shall provide the director of development services with copies of their current leasehold document(s) which sets forth their existing leasehold time period, or, in the case of a nonleasehold interest, the director of development services shall be provided with other documents which show record of ownership. (Ord. 2788 § 38, 2021; Ord. 1694 § 1, 1995)
18.38.080 Enforcement.
A. Notwithstanding any other provisions of the zoning code, any violation of any of the provisions of this chapter is declared to be a public nuisance per se, which shall be abated by the city attorney by way of civil abatement procedures only, and not by criminal prosecution.
B. Nothing in this section is intended to authorize, legalize or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or statute of the state of Washington regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. (Ord. 1694 § 1, 1995)