Chapter 17.25
ADULT ENTERTAINMENT FACILITIES
Sections:
17.25.030 Adult entertainment facilities forbidden in other zones.
17.25.050 Separation between adult entertainment facilities.
17.25.060 Measuring required distances.
17.25.070 Development standards.
17.25.080 Variance from location requirements.
17.25.010 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
(1) “Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
(2) “Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.
(3) “Adult entertainment” means any exhibition, performance or dance of any type conducted in premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the male or female pubic region, anus, buttocks, or genitals, any portion of the female breast below the top of the areola, vulva, or male genitals in the discernibly turgid state, even if completely and opaquely covered.
(4) “Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motion picture theater, or adult retail store.
(5) “Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
(6) “Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:
(A) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
(B) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities, or which depict any specified anatomical areas.
(C) For the purpose of this definition, the term “principal business purpose” shall mean a business purpose that constitutes 25 percent or more of the stock-in-trade of a particular business establishment. The stock-in-trade of a particular business establishment shall be its principal business purpose if either: (i) the retail dollar value of all sexually oriented materials compared to the total retail dollar value of all materials readily available for purchase, rental, view or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons, is 25 percent or more of the total; or (ii) the volume of shelf space or floor display area utilized for sexually oriented materials compared to the total volume of shelf space or floor display area utilized for nonsexually oriented materials is 25 percent or more of the total.
(7) “Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term also includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
(8) “Specified anatomical areas” means and includes any of the following:
(A) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(B) Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.
(9) “Specified sexual activities” means and includes any of the following:
(A) The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(B) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; or
(C) Masturbation, actual or simulated; or
(D) Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 1377 § 1, 2006)
17.25.020 Permitted zone.
Adult entertainment facilities, as defined in this code, shall be a permitted use in the marine industrial (MI) zone. (Ord. 1377 § 1, 2006)
17.25.030 Adult entertainment facilities forbidden in other zones.
Adult arcades, adult cabarets, adult retail uses, and similar adult uses, shall be limited to the zones specified for such uses in WMC 17.25.020, and shall be forbidden in all other zones within the city of Westport. (Ord. 1377 § 1, 2006)
17.25.040 Location standards.
In addition to development standards and any other requirements, an adult entertainment business which locates in the city shall:
(1) Maintain a minimum distance of 500 feet from the following sensitive uses:
(A) Property used for public and private schools;
(B) Property used for public parks;
(C) Property used for public libraries;
(D) Property used for state-certified day care facilities;
(E) Property used for community/teen/youth centers;
(F) Property used for places of worship, cemeteries or other religious facilities or institutions;
(G) Property used for organizations, associations, facilities and businesses which provide as a substantial portion of their activities, functions or business, the provision of services to children and/or youth, so that the premises of the organization, association, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of the organization, association, facility or business; and
(2) Maintain a minimum distance of 150 feet from property used for residential uses. (Ord. 1377 § 1, 2006)
17.25.050 Separation between adult entertainment facilities.
No adult entertainment facilities shall be located closer than 300 feet from any another adult entertainment facility, whether such other facility is located within or outside the city limits. (Ord. 1377 § 1, 2006)
17.25.060 Measuring required distances.
The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the zone classification boundary line from which the proposed land use is to be separated. (Ord. 1377 § 1, 2006)
17.25.070 Development standards.
The development standards in this section shall apply to all buildings, uses and property used for adult entertainment purposes.
(1) All parking areas shall be visible from the street fronting the entertainment, and access to the rear of the structure shall be for emergency vehicles only;
(2) All on-site parking areas and premises entries of adult entertainment uses 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 areas and walkways;
(3) In addition to all on-premises sign requirements of Chapter 15.16 WMC, the following signing provisions shall be followed:
(A) Electronic reader boards and changing message center signs are prohibited;
(B) All adult entertainment facilities shall have facades, exteriors, and exits which must be similar in appearance to those of surrounding buildings. Illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall of the building used for such businesses or on any door or apparatus attached to such building.
(4) All standards of the underlying zone shall be met.
(5) Reasonable conditions necessary to properly mitigate secondary impacts identified during the site plan permit review process shall be met. (Ord. 1377 § 1, 2006)
17.25.080 Variance from location requirements.
(1) Whenever the proponents of an adult entertainment facility subject to the location 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 entertainment and stated uses in WMC 17.25.040 and 17.25.050, the proponent(s) may apply to the hearing examiner for a variance from such requirements.
(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 a variance established in Chapter 17.44 WMC:
(A) Topographic and other features of the land which provide actual separation between the proposed business or other land use and surrounding land uses;
(B) Pedestrian and vehicular circulation patterns in the vicinity of the proposed activity; and
(C) Any other fact or circumstance which has a significant effect upon the need for the full separation distance required by this chapter.
(3) If, after considering these criteria, the hearing examiner finds that an effective separation between the proposed adult entertainment use and the residential zone classification or other stated uses can be achieved without requiring the full distance of separation provided by this chapter, the hearing examiner shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for the variance shall be denied. (Ord. 1377 § 1, 2006)
17.25.090 Conflict.
In the event of a conflict between this chapter and any other provision of this code, this chapter applies and supersedes. (Ord. 1377 § 1, 2006)
17.25.100 Severability.
If any portion of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 1377 § 1, 2006)