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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: -1- 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: -2- 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; -3- 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; -4- 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 -5- 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 -6- 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. -7- 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 -8- M A Y O R