Entertainment Facilities
A. Those certain terms used herein which are defined in LMC 5.40.020 and 5.42.010 shall have the same meaning as set forth in said sections.
B. The term “Adult Entertainment Facility” shall include all adult-oriented businesses including adult arcades, adult bookstores, adult novelty stores, adult video stores and similar adult uses and adult live entertainment facilities. (Ord. 1247 §5, 2005; Ord. 1037 §3, 1996).
A. Adult entertainment facilities falling under the definition of adult bookstore, adult novelty store, adult video store or similar adult uses shall be permitted in specific zones and under specific standards identified in LMC 16.67.030 and 16.67.040 through full administrative review pursuant to Chapter 1C of the City of Lacey Development Guidelines and Public Works Standards.
B. Adult arcades and adult live entertainment centers shall be permitted in certain zones and under conditions identified under LMC 16.67.030 and 16.67.040 through the quasi-judicial review process pursuant to Chapter 1C of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §179, 2002; Ord. 1037 §3, 1996).
A. Adult entertainment facilities falling under the definitions of adult bookstores, adult novelty stores, adult video stores or other similar adult uses may be permitted in the following zones subject to the standards and requirements of LMC 16.67.040 and spacing requirements identified below:
1. Land use zones permitted:
a. General Commercial; and
b. Light Industrial.
2. Spacing and buffering requirements:
a. No such adult entertainment facility shall be located closer than three hundred thirty feet from another adult entertainment facility, whether such other facility is located within or outside the city limits;
b. No such adult entertainment facility shall be located closer than three hundred thirty feet from any sensitive land use or land use zone identified in LMC 16.67.050, whether such zone or use is located within or outside the city limits.
3. General standards. All the standards of LMC 16.67.040 shall apply.
B. Adult arcades and adult live entertainment facilities shall be permitted in the following zones subject to the standards and requirements of LMC 16.67.040 and the spacing and buffering requirements identified below:
1. Land use zones permitted: Light Industrial.
2. Spacing and buffering requirements:
a. No adult arcade or adult live entertainment center shall be located closer than six hundred sixty feet from another adult arcade or adult live entertainment center nor closer than three hundred thirty feet from any other adult entertainment facility, whether such other business is located within or outside the city limits.
b. No adult arcade or adult live entertainment center shall be located closer than six hundred sixty feet from any sensitive land use or land use zone identified in LMC 16.67.050, whether such zone or use is located within or outside the city limits.
3. General standards. All standards of LMC 16.67.040 shall apply. (Ord. 1220 §51, 2004; Ord. 1037 §3, 1996).
Adult arcades, adult bookstores, adult novelty stores, adult video stores and similar uses, and adult live entertainment centers shall conform to the following general standards:
A. All on-site parking areas and premises entries of adult entertainment uses shall be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking strips and/or walkways. An on-premises exterior lighting plan shall be presented to and approved by the department of public works prior to the operation of any such use.
B. All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees or public officials during the performance of their respective duties and tasks by means of fencing as approved by the department of community and economic development.
C. In addition to all on-premises sign requirements of Chapter 16.75 LMC, the following signing provisions shall be followed:
1. There shall be no electronic reader boards or changing message center signs;
2. All adult entertainment facilities shall have facades, exteriors, and exits which must be indistinguishable from surrounding buildings. Illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall of the building used for such businesses or on any door or apparatus attached to such building.
D. All standards of the underlying zone.
E. Reasonable conditions necessary to properly mitigate bona fide secondary impacts identified during the site plan or conditional use permit review process.
F. All adult entertainment facilities shall be required to comply with the requirements of Chapter 14.23 LMC to promote compatibility with surrounding land uses in both commercial and the light industrial zones. (Ord. 1539 §113, 2019; Ord. 1037 §3, 1996).
The following uses, properties and zones are considered sensitive as referenced in LMC 16.67.030:
A. Property used for public and private schools;
B. Property used for public parks;
C. Property used for public libraries;
D. Property used for state-certified day care;
E. Property used for community teen centers;
F. Property used for churches, cemeteries or other religious facilities or institutions;
G. Property used for residential and lodging uses and property zoned primarily for residential uses, including LD, MD, and HD zones;
H. Property used for organizations, associations, facilities and businesses which provide, as a substantial portion of their activities, function or business, the provision of services to children and/or youth, so that the premises of the organization, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of an adult entertainment facility. (Ord. 1612 §13, 2022; Ord. 1037 §3, 1996).
The distances between adult entertainment facilities and sensitive land uses identified in LMC 16.67.050 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 of property or the zone classification boundary line from which the proposed land use is to be separated. (Ord. 1037 §3, 1996).
The following procedures and criteria shall be adhered to with regard to a request for waiver of distance requirements:
A. Distance waiver required. Any party proposing to locate an adult facility within less than the required distances from uses or zones as specified in this ordinance may do so only after obtaining a waiver therefor from a hearings examiner through the quasi-judicial process pursuant to Section 1C of the City of Lacey Development Guidelines and Public Works Standards.
B. Waiver notice requirements. In addition to the notice requirements for conditional use permits, first class mailing notice shall be made to all parties within the distance set forth in LMC 16.67.030(A) or (B), depending upon the use in question. The applicant shall provide the names and addresses of all property owners and businesses within said distances from the proposed use.
C. Criteria for decision. The final decision on the request for waiver of distance shall be made by the hearings examiner based on consideration of the following:
1. The extent to which the physical features would result in an effective separation in terms of visibility and access;
2. Compatibility with adjacent and surrounding land uses;
3. The availability or lack of alternative locations for the proposed use;
4. Ability to avoid the adult facility by alternative vehicular and pedestrian routes. (Ord. 1192 §180, 2002; Ord. 1037 §3, 1996).
Sensitive land uses specified in LMC 16.67.050 shall not be allowed to locate within the specified distances to an adult entertainment facility. Any party proposing to locate such a use or zone within the specified distances of an adult entertainment facility may do so only after obtaining a distance waiver pursuant to the provisions of LMC 16.67.070 regarding waiver of distance requirements. (Ord. 1037 §3, 1996).
Provisions of this chapter shall not have the effect of authorizing any activities prohibited by state law or other provisions of this code. (Ord. 1037 §3, 1996).
Entertainment Facilities
A. Those certain terms used herein which are defined in LMC 5.40.020 and 5.42.010 shall have the same meaning as set forth in said sections.
B. The term “Adult Entertainment Facility” shall include all adult-oriented businesses including adult arcades, adult bookstores, adult novelty stores, adult video stores and similar adult uses and adult live entertainment facilities. (Ord. 1247 §5, 2005; Ord. 1037 §3, 1996).
A. Adult entertainment facilities falling under the definition of adult bookstore, adult novelty store, adult video store or similar adult uses shall be permitted in specific zones and under specific standards identified in LMC 16.67.030 and 16.67.040 through full administrative review pursuant to Chapter 1C of the City of Lacey Development Guidelines and Public Works Standards.
B. Adult arcades and adult live entertainment centers shall be permitted in certain zones and under conditions identified under LMC 16.67.030 and 16.67.040 through the quasi-judicial review process pursuant to Chapter 1C of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §179, 2002; Ord. 1037 §3, 1996).
A. Adult entertainment facilities falling under the definitions of adult bookstores, adult novelty stores, adult video stores or other similar adult uses may be permitted in the following zones subject to the standards and requirements of LMC 16.67.040 and spacing requirements identified below:
1. Land use zones permitted:
a. General Commercial; and
b. Light Industrial.
2. Spacing and buffering requirements:
a. No such adult entertainment facility shall be located closer than three hundred thirty feet from another adult entertainment facility, whether such other facility is located within or outside the city limits;
b. No such adult entertainment facility shall be located closer than three hundred thirty feet from any sensitive land use or land use zone identified in LMC 16.67.050, whether such zone or use is located within or outside the city limits.
3. General standards. All the standards of LMC 16.67.040 shall apply.
B. Adult arcades and adult live entertainment facilities shall be permitted in the following zones subject to the standards and requirements of LMC 16.67.040 and the spacing and buffering requirements identified below:
1. Land use zones permitted: Light Industrial.
2. Spacing and buffering requirements:
a. No adult arcade or adult live entertainment center shall be located closer than six hundred sixty feet from another adult arcade or adult live entertainment center nor closer than three hundred thirty feet from any other adult entertainment facility, whether such other business is located within or outside the city limits.
b. No adult arcade or adult live entertainment center shall be located closer than six hundred sixty feet from any sensitive land use or land use zone identified in LMC 16.67.050, whether such zone or use is located within or outside the city limits.
3. General standards. All standards of LMC 16.67.040 shall apply. (Ord. 1220 §51, 2004; Ord. 1037 §3, 1996).
Adult arcades, adult bookstores, adult novelty stores, adult video stores and similar uses, and adult live entertainment centers shall conform to the following general standards:
A. All on-site parking areas and premises entries of adult entertainment uses shall be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking strips and/or walkways. An on-premises exterior lighting plan shall be presented to and approved by the department of public works prior to the operation of any such use.
B. All parking must be visible from the fronting street. Access to the exterior rear of the building shall be denied to any persons other than employees or public officials during the performance of their respective duties and tasks by means of fencing as approved by the department of community and economic development.
C. In addition to all on-premises sign requirements of Chapter 16.75 LMC, the following signing provisions shall be followed:
1. There shall be no electronic reader boards or changing message center signs;
2. All adult entertainment facilities shall have facades, exteriors, and exits which must be indistinguishable from surrounding buildings. Illustrations depicting partially or totally nude males and/or females shall not be posted or painted on any exterior wall of the building used for such businesses or on any door or apparatus attached to such building.
D. All standards of the underlying zone.
E. Reasonable conditions necessary to properly mitigate bona fide secondary impacts identified during the site plan or conditional use permit review process.
F. All adult entertainment facilities shall be required to comply with the requirements of Chapter 14.23 LMC to promote compatibility with surrounding land uses in both commercial and the light industrial zones. (Ord. 1539 §113, 2019; Ord. 1037 §3, 1996).
The following uses, properties and zones are considered sensitive as referenced in LMC 16.67.030:
A. Property used for public and private schools;
B. Property used for public parks;
C. Property used for public libraries;
D. Property used for state-certified day care;
E. Property used for community teen centers;
F. Property used for churches, cemeteries or other religious facilities or institutions;
G. Property used for residential and lodging uses and property zoned primarily for residential uses, including LD, MD, and HD zones;
H. Property used for organizations, associations, facilities and businesses which provide, as a substantial portion of their activities, function or business, the provision of services to children and/or youth, so that the premises of the organization, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of an adult entertainment facility. (Ord. 1612 §13, 2022; Ord. 1037 §3, 1996).
The distances between adult entertainment facilities and sensitive land uses identified in LMC 16.67.050 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 of property or the zone classification boundary line from which the proposed land use is to be separated. (Ord. 1037 §3, 1996).
The following procedures and criteria shall be adhered to with regard to a request for waiver of distance requirements:
A. Distance waiver required. Any party proposing to locate an adult facility within less than the required distances from uses or zones as specified in this ordinance may do so only after obtaining a waiver therefor from a hearings examiner through the quasi-judicial process pursuant to Section 1C of the City of Lacey Development Guidelines and Public Works Standards.
B. Waiver notice requirements. In addition to the notice requirements for conditional use permits, first class mailing notice shall be made to all parties within the distance set forth in LMC 16.67.030(A) or (B), depending upon the use in question. The applicant shall provide the names and addresses of all property owners and businesses within said distances from the proposed use.
C. Criteria for decision. The final decision on the request for waiver of distance shall be made by the hearings examiner based on consideration of the following:
1. The extent to which the physical features would result in an effective separation in terms of visibility and access;
2. Compatibility with adjacent and surrounding land uses;
3. The availability or lack of alternative locations for the proposed use;
4. Ability to avoid the adult facility by alternative vehicular and pedestrian routes. (Ord. 1192 §180, 2002; Ord. 1037 §3, 1996).
Sensitive land uses specified in LMC 16.67.050 shall not be allowed to locate within the specified distances to an adult entertainment facility. Any party proposing to locate such a use or zone within the specified distances of an adult entertainment facility may do so only after obtaining a distance waiver pursuant to the provisions of LMC 16.67.070 regarding waiver of distance requirements. (Ord. 1037 §3, 1996).
Provisions of this chapter shall not have the effect of authorizing any activities prohibited by state law or other provisions of this code. (Ord. 1037 §3, 1996).