Gig Harbor City Zoning Code
17.58 Adult
Entertainment Facilities
17.58.010 Purpose and intent.
The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the city. (Ord. 743 § 17, 1996).
17.58.020 Applicability.
The standards established in this chapter apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult cabarets, adult motels, adult motion picture theaters, and adult retail stores. (Ord. 743 § 17, 1996).
17.58.030 Limitations.
The standards established in this chapter shall not be construed to restrict or prohibit the following activities or products: (a) expressive dance; (b) plays, operas, musicals, or other dramatic works; (c) classes, seminars, or lectures conducted for a scientific or educational purpose; (d) printed materials or visual representations intended for educational or scientific purposes; (e) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (f) nudity within a hospital, clinic, or other similar medical facility for health-related purposes; and (g) all movies and videos that are rated G, PG, PG-13, R and NC-17 by the Motion Picture Association of America. (Ord. 743 § 17, 1996).
17.58.040 Separation requirements.
A. An adult entertainment facility shall not be permitted to locate in any zoning district other than the general business district (B-2) and commercial district (C-1). Within the B-2 or C-1 district, an adult entertainment facility shall not be permitted to locate within 500 feet of any of the following zones or uses whether such zones or uses are located within or outside of the city limits:
1. A single-family residential zone (R-1);
2. A medium density residential zone (R-2);
3. A multiple-family residential zone (R-3);
4. A residential and business district zone (RB-1, RB-2);
5. A commercial child care facility;
6. A public or private preschool or nursery school;
7. A public or private primary or secondary school;
8. A public park;
9. A church, temple, mosque, synagogue, chapel or other similar religious facility; and
10. Other adult entertainment establishments.
B. In calculating the measurement of the 500-foot buffer between an adult entertainment facility and a sensitive zone or use specified in GHMC 17.58.040(A), such distance shall be measured by extending a straight line between the nearest boundary line of a sensitive zone or nearest physical point of the structure housing a sensitive use, to the nearest physical point of the structure housing an adult entertainment facility, whichever is the greater distance. (Ord. 1045 § 78, 2006; Ord. 743 § 17, 1996).
17.58.050 Variation from separation requirements.
Variances shall be granted from the separation requirements in GHMC 17.58.040 if the applicant demonstrates that all of the following criteria are met:
A. The physical features of the land would result in an effective separation between the proposed adult entertainment facility and any sensitive zones or uses in terms of visibility and access;
B. The proposed adult entertainment facility complies with the goals and policies of the city’s comprehensive plan;
C. The proposed adult entertainment facility is otherwise compatible with adjacent and surrounding land uses;
D. The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed adult entertainment facility. (Ord. 743 § 17, 1996).
17.58.060 Nonconforming adult entertainment facility.
An adult entertainment facility shall be deemed a nonconforming use and shall be subject to the requirements of Chapter 17.68 GHMC (Nonconformities) if a sensitive zone or use identified in GHMC 17.58.040(A) locates within 500 feet of that adult entertainment facility after the date that adult entertainment facility has located within the city in accordance with the requirements of this chapter. (Ord. 743 § 17, 1996).