There is established the adult entertainment standards and regulations by which adult entertainment facilities are permitted to operate within the city. It is the intent of these standards and regulations not to suppress constitutionally protected speech but to enact standards and regulations which address the compelling interest of the city in mitigating the secondary effects of adult entertainment establishments.

(Ord. No. S-42, § 1(part), 2001)

The essential function of the adult entertainment standards chapter is to protect the general public health, safety, and welfare of the citizenry of the city, and to establish reasonable and uniform regulations to prevent the adverse secondary effects of adult entertainment facilities wishing to locate in the city. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any constitutionally protected, sexually oriented, or explicit communicative materials or communicative performances. The regulations set forth herein are intended to prevent and control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult entertainment facilities, and to prevent dangerous and unlawful conduct associated with these facilities. This chapter may not be construed as permitting or promoting obscene conduct or materials.

(Ord. No. S-42, § 1(part), 2001)

The standards established in this chapter apply to all adult entertainment facilities as defined herein.

(Ord. No. S-42, § 1(part), 2001)

Adult entertainment facilities, as defined herein, shall be located on lots zoned C-2, general commercial, or I-1, light industrial, provided that all conditions of this chapter are complied with. Adult businesses are not permitted within the C-1 Downtown Commercial Zone.

(Ord. No. S-42, § 1(part), 2001)

An adult entertainment facility may be located in the areas defined in section 21.38.040 only if the following site requirements are met:

1.

An adult entertainment facility shall not be permitted to locate:

a.

Within 1,000 feet of any of the following uses regardless as to whether such uses are located within or outside of the city limits:

1.

Public libraries;

2.

Public playground or park;

3.

Public or private school and the grounds of kindergarten to 12 ^th grade;

4.

Nursery school, mini day care centers, or day care centers;

5.

Public universities or colleges;

6.

Churches, convents, synagogues, or other places of religious worship;

7.

Any establishment serving alcohol;

8.

Any existing adult entertainment facility as defined herein.

2.

Within 500 feet of any of the following uses regardless as to whether such uses are located within or outside of the city limits:

a.

Residentially zoned property in the following zones: R-1, R-2, R-3, R-3H and CALR.

(Ord. No. W-22, § 75, 4-22-2014; Ord. No. S-42, § 1(part), 2001)

(a)

The 1,000-foot distance between specific uses set forth in section 21.38.050 shall be measured in a straight line without regard to intervening structures, objects, or existing uses.

(b)

Distances shall be measured from the nearest property line of the adult entertainment establishment to the nearest property line of the preexisting uses set forth in section 21.38.050.

(c)

The location of a newly established public park, child care facility, church, or school within 1,000 feet, or the establishment of a residential zone within 500 feet of an existing adult entertainment business shall not thereby cause the existing adult entertainment business to be deemed a nonconforming use.

(d)

All adult entertainment activities shall take place within an enclosed building unless specifically stated otherwise.

(e)

Nothing shall preclude an adult entertainment business from conducting more than one adult use activity within a single structure, provided, the adult use business shall comply with provisions of this title and all other city ordinances.

(Ord. No. S-42, § 1(part), 2001)

Any sign which pertains to the identification of a adult entertainment business shall comply with Chapter 21.54 of this code. In addition the following sign standards apply to adult entertainment uses:

(1)

Placement of lighted signs shall be such that no light extends over property lines to any adjoining property.

(2)

On-premises signs only are permitted.

(3)

On-premises signs for multiple businesses of an adult entertainment nature shall not exceed the outer limits of the wall of each business within the complex and shall not cover more than two walls.

(Ord. No. S-42, § 1(part), 2001)

Landscaping shall be provided for adult entertainment facilities subject to the standards as set forth below:

(1)

Landscaping shall consist of a mix of evergreen and deciduous plantings including living trees, shrubs, and ground cover.

(2)

A landscaping strip with a minimum width of five feet shall be provided.

(3)

Evergreen trees shall be a minimum of four feet tall at planting and spaced so as to result in a space between trees approximately equal to the mature spread of the trees used.

(4)

Deciduous trees shall have a minimum trunk diameter of 1¾ inches at time of planting and spaced so as to result in touching of branches after ten years of normal growth.

(5)

Planting of shrubs and ground covers shall be chosen and spaced so as to result in a covering of the area set aside for landscaping within three years.

(6)

Shrubs shall be of a type that do not exceed at maturity of four feet.

(7)

Existing vegetation may be incorporated into the landscape design and shall be considered acceptable in lieu of new plantings, provided that it contributes to achieving the intent of this section.

(Ord. No. S-42, § 1(part), 2001)

The city recognizes that the provisions of this chapter may not apply to activities on land held in trust by the State of Washington for Eastern Washington University, provided that such activities do not constitute the sexual conduct described in subsection 7.48A.010(2)(b) of the Revised Code of Washington.

(Ord. No. S-42, § 1(part), 2001)