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. 1027, § 27, 4-16-2013)

The essential function of the adult entertainment standards chapter is to protect the general public health, safety and general welfare of the citizenry of the city, and to establish responsible 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. ;nh0; (Ord. No. 1027, § 27, 4-16-2013)

(a)

"Adult entertainment" means any activity including, but not limited to:

(1)

Adult cabaret: Any nightclub or tavern regularly featuring nude or semi-nude performances, either live or pre-recorded;

(2)

Adult hotel/motel: A facility offering sleeping accommodations in conjunction with closed circuit television featuring specified sexual activities or specified anatomical areas and/or offering sleeping accommodations for a period of time that is less than ten hours;

(3)

Adult motion picture theater: A facility regularly showing films, tapes, slides or similar photographic reproductions characterized by the depiction of specified sexual activities or specified anatomical areas;

(4)

Adult panorama theater or arcade: A facility offering private or semiprivate viewing of video or film depiction of specified sexual activities or specified anatomical areas;

(5)

Adult retail establishment: Any premises devoting more than fifteen percent of its merchandise or ten percent of its retail floor area toward the depiction of specified sexual activities or specified anatomical areas;

(6)

Adult theater: A facility regular featuring persons who appear in a state of nudity or semi-nudity, either live or pre-recorded, depicting specified sexual activities or specified anatomical areas.

(b)

"Specified anatomical areas" means

(1)

Less than completely or opaquely covered human genitals, pubic hair, anus and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

(c)

"Specified sexual activity" means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, public region, buttocks or female breast.

(Ord. No. 1027, § 27, 4-16-2013)

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

(Ord. No. 1027, § 27, 4-16-2013)

Adult entertainment facilities, as defined herein, shall be located on lots zoned C-1, commercial, MC-1, mixed use and L-1, light industrial, provided that all conditions of this chapter are complied with. Adult businesses are not permitted within the central business district of the C-1, commercial zone.

(Ord. No. 1027, § 27, 4-16-2013)

An adult entertainment facility may be located in areas defined in Section 17.30.040 only if the following site requirements are met:

(1)

An adult entertainment facility shall not be permitted to locate:

(A)

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

(i)

Public libraries;

(ii)

Public playground or park;

(iii)

Public or private school and the grounds of kindergarten to twelfth grade;

(iv)

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

(v)

Youth community centers;

(vi)

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

(vii)

Cemeteries;

(viii)

 Any establishment serving alcohol;

(ix)

Other adult entertainment facilities;

(x)

Other facilities or land uses which provide, as a substantial portion of their activities, the provision of services to children and/or youth.

(2)

Within one thousand 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 and R-1P.

(3)

The one thousand-foot distance shall be measured by following a straight line, without regard to intervening structures or obstacles, from the nearest point of the property upon which the proposed use is to be located, to the nearest point of the property from which the proposed land is to be separated.

(4)

Distances shall be measured from the nearest property line of the adult entertainment facility to the nearest property line of the preexisting uses set forth in Section 17.30.050.

(5)

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

(6)

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

(Ord. No. 1027, § 27, 4-16-2013)

The development standards for adult entertainment facilities shall be the same as the applicable zoning regulations for the zoning district in which they are to be located, except as follows:

(1)

No electronic reader boards shall be allowed;

(2)

Parking areas shall be adequately illuminated to discourage loitering;

(3)

Landscaping and building lighting shall be designed to enhance the site's appearance;

(4)

Exterior building colors shall be of natural or earth tones.

(Ord. No. 1027, § 27, 4-16-2013)

To satisfactorily assess the proposed use's meeting of all zoning requirements, the applicant for an adult entertainment facility use shall submit the following information:

(1)

A fully dimensioned site plan, drawn to scale, detailing the location of parking, property lines, right-of-way, setbacks and building footprint(s). The plan shall depict existing structures, both to be demolished and to be retained, shall show all pertinent easements for utilities, access and drainage, shall show adjacent rights-of-way to the street centerlines, and shall list the applicant's name, address and phone number;

(2)

A fully dimensioned set of elevations depicting all sides of the proposed use;

(3)

A fully dimensioned floor plan indicating interior uses;

(4)

A fully dimensioned signing and landscape plan indicating the types and locations of signs, exterior lighting and planting.

(Ord. No. 1027, § 27, 4-16-2013)

(a)

Whenever the proponents of an adult entertainment facility subject to the location requirements set forth in this chapter feel that the strict application of such requirements is not necessary to achieve an effective degree of physical separation between the adult entertainment facility and the land uses listed in this chapter, the proponents may apply to the hearing examiner for relief from such requirements. In determining when relief should be granted, and to what extent, the hearing examiner shall consider the following criteria in addition to those variance criteria listed elsewhere in the Municipal Code:

(1)

Topographical and other features of the land providing actual separation between the proposed business and those protected land uses listed in this chapter;

(2)

Pedestrians and vehicular circulation patterns in the vicinity of the proposed activity;

(3)

Any other fact or circumstances having a significant effect upon the need for the full separation distance required by this chapter.

(b)

If after considering these criteria the hearing examiner finds that an effective separation between the proposed adult concession and the protected land uses listed in this chapter can be achieved without requiring the full distance of separation provided by this chapter, the hearing examiner shall determination the degree of relief to be allowed and shall grant such relief, otherwise, the application for the relief shall be denied.

(c)

This request is processed through a Type III review where the hearing examiner holds the hearing and makes the final decision. The Type III review process is found in MLMC Section 19.270.040, Type III reviews.

(Ord. No. 1027, § 27, 4-16-2013; Ord. No. 1130, § 45, 11-19-2024)

Any sign which pertains to the identification of an adult entertainment business shall comply with Chapter 17.39 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. 1027, § 27, 4-16-2013)

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 one and three-fourths 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. 1027, § 27, 4-16-2013)