HomeMy WebLinkAbout2511ORDINANCE NO. 2511
AN INTERIM ORDINANCE of the City of Port
Angeles, Washington, regulating the location
and operation of adult entertainment
businesses, requiring a conditional use
permit, declaring a public emergency, and
establishing a new Chapter 17.67 of the City
Zoning Code.
WHEREAS, there is an immediate 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 an immediate need to enact an
interim 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 an immediate need to adopt regulations in order to
prevent, mitigate and monitor the types of adverse impacts
associated with such businesses; and
WHEREAS, there is an immediate need to designate a
public emergency in order to protect the public health, public
safety, public property, and the public peace, and to adopt an
interim ordinance to meet this emergency by regulating such
businesses;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DOES HEREBY ORDAIN as follows:
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Section 1. A new Chapter 17.67 of the Port Angeles
Zoning Ordinance is hereby adopted to read as follows:
Chapter 17.67
Adult Entertainment Conditional Use Permit
17.67.010 Purnose. The purpose of this chapter is to
insure 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 Reauired. 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
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general policy, all adult entertainment businesses shall also be
consistent with the following policies:
A. Adult entertainment businesses shall be located in
areas of intensive uses which serve a regional market.
B. 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.
C. 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.
17.67.050 Separation Requirements. Adult entertain-
ment 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 2,000 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 2,000 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;
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4. Public library;
5. Daycare center, preschool or nursery school;
6. Public or private primary or secondary
school;
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 2,000 -foot area by at least 51% of
the owners of property within the 2,000 -foot
area as evidenced by the notarized signatures
of such owners;
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 this chapter;
c. Compatibility with adjacent and
surrounding land uses;
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.
E. Uses and zones specified under 17.67.050(B) shall
not be allowed to locate within 2,000 feet of an adult entertain-
ment business. Any party proposing to locate such a use or zone
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within 2,000 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 $100.00.
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 condi-
tional 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. All applications shall be submitted on a form
supplied by the Planning Department, which shall require the
following information:
1. The name, home address, home telephone
number, date and place of birth, driver's
license number, if any, and social security
number of the applicant if the applicant is
an individual;
2. The business name, address and telephone
number of the establishment;
3. The names, addresses, telephone numbers, and
social security numbers of any partners,
including limited partners, corporate
officers, shareholders who own ten percent or
more of the business, or other persons who
have a substantial interest or management
responsibility in connection with the
business, specifying the interest or manage-
ment responsibility of each;
4. Terms of any loans, leases, secured trans-
actions and repayments therefor relating to
the business;
5. Addresses of the applicant for the five years
immediately prior to the date of application;
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6. A description of the adult entertainment or
similar business history of the applicant;
whether such person or entity, in previously
operating in this or another city, county or
state, has had a business license or land use
permit revoked or suspended, the reason
therefor, and the activity or occupation
subsequent to such action, suspension or
revocation;
7. Any and all criminal convictions or forfei-
tures other than parking offenses or minor
traffic violations, including dates of
conviction, nature of the crime, name and
location of court and disposition for each
owner, partner, or corporation;
8. A description of the business, occupation or
employment of the applicant for the three
years immediately preceding the date of
application;
9. Authorization for the City, its agents and
employees to seek information to confirm any
statements set forth in the application;
10. Supplemental identification and /or informa-
tion necessary to confirm matters set forth
in the application.
E. 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. The Police
Department shall make written verification of the information
provided by the applicant on the permit application and a
recommendation consistent therewith. No permit may be issued
without such verifications and recommendation.
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 regula-
tions for such signs as set forth in the zoning requirements for
the applicable zone; provided that such signs shall not contain
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any 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 insure 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 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 $500.00. 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 - Emergency. The City Council finds that
protection of the public health, public safety, public property
and public peace necessitates the designation of a public
emergency pursuant to RCW 35A.13.190 and the immediate effect-
iveness of this Ordinance. This Ordinance is intended to be of
an interim nature and is hereby referred to the Planning
Commission for its consideration and the holding of the necessary
and appropriate public hearings. The Planning Commission shall
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return its recommendation as to the appropriate final form of an
adult entertainment business ordinance to the City Council
within ninety days of the adoption of this Ordinance.
Section 4 - Effective Date. This Ordinance shall take
effect upon adoption.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 4th day of
October, 1988.
ATTEST:
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Michelle M. Maike, City Clerk
APPROV t AS TO FORM:
Craig D. tson, City Attorney
PUBLISHED: October 9, 1988
M A Y O R 11 IA,
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