HomeMy WebLinkAbout2531ORDINANCE NO. 2531
AN ORDINANCE of the City of Port Angeles,
Washington, regulating the location and
operation of adult entertainment businesses,
requiring a conditional use permit, and
establishing a new Chapter 17.67 of the
City Zoning Code.
WHEREAS, there is a need, based on the experience of
other Western Washington cities, to regulate the location and
operation of adult entertainment businesses in order to preserve
the quality of the living environment of the City's residential
neighborhoods and business and commercial centers, and to avoid
increased crime and reduction of property values; and
WHEREAS, there is a need to enact an ordinance for the
purpose of controlling the adverse impacts which adult
entertainment businesses have been shown to generate in other
communities, which regulation the City Council finds will result
in the least intrusion upon constitutionally protected rights
possible while still achieving the minimum degree of regulation
needed to meet the City's objectives of avoiding or minimizing
the adverse impacts identified above; and
WHEREAS, due to the fact that the City currently has
limited regulations applicable to adult entertainment businesses,
there is a need to adopt regulations in order to prevent,
mitigate, and monitor the types of adverse impacts associated
with such businesses; and
WHEREAS, there is a need to protect the public health,
public safety, public property, and the public peace, and to
adopt an ordinance to regulate such businesses; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
HEREBY ORDAIN as follows:
Section 1. A new Chapter 17.67 of the Port Angeles
Zoning Ordinance is hereby adopted to read as follows:
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Chapter 17.67
Adult Entertainment Conditional Use Permit
17.67.010 Purpose. The purpose of this Chapter is to
ensure that adult entertainment businesses are appropriately
located and operated within the City of Port Angeles, are
compatible with uses allowed within the City, and are conducive
to the public health, safety, and welfare.
17.67.020 Definitions.
A. "Adult entertainment business" means any premises
operated as a commercial enterprise, where any live exhibition or
dance of any type is conducted, which exhibition or dance
involves a person that is unclothed or in such attire, costume,
or clothing as to expose to view any portion of the female breast
below the top of the areola and /or any portion of the genital
region.
B. "Obscene" means having such quality or being of such
nature that, if taken as a whole by an average person applying
contemporary community standards, would appeal to a prurient
interest in sex, would depict patently offensive representations
of sexual acts or lewd behavior, and would lack serious literary,
artistic, political, or scientific value.
17.67.030 Conditional Use Permit Required. No adult
entertainment business shall be permitted in the City of Port
Angeles unless a conditional use permit is approved pursuant to,
and in compliance with, the provisions of this Chapter.
17.67.040 Development Policies. All proposed adult
entertainment businesses must be compatible with the permitted
and conditional uses of the zoning district in which the adult
entertainment business is located and must be conducive to the
public health, safety and welfare. In furtherance of this
general policy, all adult entertainment businesses shall also be
consistent with the following policies:
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A. Adult entertainment businesses shall be located so as
to avoid close proximity to any zone in which residential uses
are an outright permitted use, or any single or multi - family
residence, public park, public library, daycare center, pre-
school, nursery school, public or private primary or secondary
school or church, in order to reduce incompatibility with such
uses and close proximity to locations likely to be frequented by
persons under eighteen years old.
B. Adult entertainment businesses shall be located in
areas of intensive uses which serve a regional market.
C. Adult entertainment businesses shall be located so as
to avoid close proximity to one another to reduce potential for
crime, protect property values, and to protect local business
image.
17.67.050
Separation Requirements. Adult
entertainment businesses may be permitted by conditional use
permit only if the following separation requirements are met,
unless a waiver is obtained as provided herein:
A. No adult entertainment business shall be located closer
than 1,000 feet to another adult entertainment business, whether
such other business is located within or outside the City limits.
B. No adult entertainment business shall be located closer
than 1,000 feet to any of the following zones or uses, which are
likely to be frequented by persons under the age of 18, whether
such zone or use is located within or outside the city limits:
1. Any zone in which residential uses are an outright
permitted use;
2. Single- or multi - family residence;
3. Public park;
4. Public library;
5. Daycare center, pre - school or nursery school;
6. Public or private primary or secondary school;
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7. Church, provided that, for the purpose of this
Chapter, "church" shall mean a building erected for and used
exclusively for religious worship and schooling or other activity
in connection therewith.
C. 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 or property or the zone from which
the proposed land use is to be separated.
D. A waiver of the distance requirements provided in this
Section may be obtained as follows:
1. By presenting evidence of consent to the location
of the adult entertainment business within the 1,000 -foot area by
at least 51% of the owners and residents of property within the
1,000 -foot area as evidenced by the notarized signatures of such
owners and residents; and
2. By determination of the City Council, based upon
the recommendation of the Planning Commission, and consideration
of the following:
a. The extent to which physical features would
result in an effective separation in terms of visibility and
access;
b. Compliance with the goals and policies of
c. Compatibility with adjacent and surrounding
d. The availability or lack of alternative
locations for the proposed use;
e. Ability to avoid the adult entertainment
business by alternative vehicular and pedestrian routes.
this Chapter;
land uses;
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E. Uses and zones specified under 17.67.050(B) shall not
be allowed to locate within 1,000 feet of an adult entertainment
business. Any party proposing to locate such a use or zone
within 1,000 feet of an adult entertainment business is
considered an intervening use and may do so only after obtaining
a waiver as provided in 17.67.050(D).
17.67.060 Permit Fee.
A. The annual fee for the conditional use permit required
pursuant to 17.67.030 shall be $90.
B. The conditional use permit shall expire annually and
must be renewed each year.
17.67.070 Permit Application.
A. The applicant must be 18 years of age or older.
B. All applications for adult entertainment conditional
use permits shall be submitted in the name of the person or
entity proposing to conduct such adult entertainment business on
the premises and shall be signed by such person and notarized or
certified as true, under penalty of perjury.
C. Copies of the application shall be referred by the
Planning Department to the Police, Fire, Public Works, or other
appropriate departments. The departments shall inspect the
application, the premises proposed to be operated as an adult
entertainment business, and shall make written verification to
the Planning Department that such premises comply with the codes
of the City and recommendations consistent therewith. No permit
may be issued without such verifications.
17.67.080 Operation and Development Standards. All
adult entertainment businesses shall comply with the following
operation and development standards:
A. All signs shall be in compliance with the regulations
for such signs as set forth in the zoning requirements for the
applicable zone; provided that such signs shall not contain any
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obscene language or other form of obscene communication.
B. The interior of the premises shall be arranged such
that no adult entertainment shall occur except upon a stage at
least eighteen inches above the immediate floor level and removed
at least six feet from the nearest patron.
C. No person shall be allowed entry onto the premises who
is younger than eighteen years of age.
D. The business shall be operated and managed by persons
whose background and experience demonstrate the ability to
maintain compliance with all applicable Federal, State and local
laws and the provisions of this Chapter.
E. The Police Department shall be authorized to make
inspections at all times as necessary to ensure compliance with
this Chapter and other applicable laws.
F. Sufficient illumination shall be provided so that all
objects are plainly visible at all times. Such illumination
shall be not less than ten foot - candles at floor level at all
times when the premises are open or when any member of the public
is permitted to enter and remain therein.
G. No alcoholic beverages shall be served or allowed on
the premises.
17.67.090 Exceptions. This Chapter shall not be
construed to prohibit the following:
A. Plays, operas, musicals, or other dramatic works which
are not obscene.
B. Classes, seminars, and lectures held for serious
scientific or educational purposes.
C. Exhibitions or dances which are not obscene.
D. Political performances and presentations which are not
obscene.
17.67.100 Appeals. Any person aggrieved by the
decision of the City Council as to any conditional use permit
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applied for pursuant to this Chapter shall make appeal to the
Clallam County Superior Court within fifteen (15) days following
the decision of the City Council.
17.67.110 Penalties
A. Any person violating any provision of this Chapter
shall be guilty of a misdemeanor and shall be punished by a fine
not to exceed Five Hundred ($500) Dollars. Each day that a
violation continues shall constitute a separate offense.
B. Violation of the standards and regulations in 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, and which shall subject the premises to immediate
closure.
C. Nothing in this Chapter is intended to authorize,
legalize or permit the establishment, operation, or maintenance
of any business, building, or use which violates any City
ordinance or State statute regarding public nuisances, sexual
conduct, lewdness, or obscene or harmful matter, or the
exhibition or public display thereof.
Section 2 - Severability. If any provisions of this
Ordinance, or its application to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of
the provisions of the Ordinance to other persons or
circumstances, is not affected.
Section 3 - Effective Date. This Ordinance shall take
effect as provided by law.
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PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 16th day of
May, 1989.
ATTEST:
Michelle M. Maike, City Clerk
APPROVED AS TO FORM:
Craig D Knutson, City Attorney
PUBLISHED: May 19, 1989
PLAN.167
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M A Y O R