It is the purpose of this chapter to regulate the siting of adult entertainment facilities to promote the health, safety, and general welfare of the citizens of the city of Millwood, and to establish reasonable and uniform regulations to prevent the adverse secondary effects of adult entertainment facilities within the city. In enacting this chapter, it is not the intent of the city council to limit or restrict the content of any communicative materials, including sexually oriented material. Similarly, it is not the intent of the city council that it should be the effect of this chapter to restrict or deny access by adults to sexually orientated materials protected by the State or Federal Constitutions, or to deny access by the distributors and exhibitors of sexually oriented materials to their intended legal market. Finally, it is not the intent of the city council to condone or legitimize the distribution of obscene materials.

(Ord. No. 527, § 1, 6-14-2022)

Based upon a range of evidence presented to the Millwood city council and other jurisdictions, including but not limited to the testimony of the public, and or other evidence, information, publications, articles, studies, documents, case law and materials submitted to and reviewed and considered by the city council, planning commission and staff, the councils of other cities within the region and in other jurisdictions, nonprofit organizations, legislative bodies, and legal authorities, the city council makes the forgoing findings of fact.

(Ord. No. 527, § 1, 6-14-2022)

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. No. 527, § 1, 6-14-2022)

The standards established in this chapter shall not be construed to restrict or prohibit the following activities or products: expressive dance; plays, operas, musicals, or other dramatic works; classes, seminars, or lectures conducted for a scientific or educational purpose; printed materials or visual representations intended for educational or scientific purposes; nudity within a locker room or other similar facility used for changing clothes in connection with athletic or exercise activities or nudity within a medical facility for health-related purposes; and all movies and videos that are rated G, PG, PG-13, R and NC-17 by the Motion Picture Association of America.

(Ord. No. 527, § 1, 6-14-2022)

In addition to any other permits or approvals required, all persons or entities shall obtain an adult entertainment facility use permit prior to the commencement of business. All applications for adult entertainment facility use permits shall indicate compliance with the requirements in Section 17.46.080. No adult entertainment facility use permits shall be issued until all requirements of Section 17.46.080 are met. For the purpose of this chapter, the front of the premises shall be that portion of the building facing the front yard as defined in "front yard" below.

(Ord. No. 527, § 1, 6-14-2022)

Adult entertainment facilities as defined herein shall be located on the commercially zoned lots 11 through 20 of Block 9 of Grandview Acres provided that all conditions of this chapter shall be complied with.

(Ord. No. 527, § 1, 6-14-2022)

An adult entertainment facility may be located as allowed in Section 17.46.070 only if the following siting requirements are met:

A.

Location. An adult entertainment facility shall not be permitted to locate:

1.

Within five hundred (500) feet of any of the following uses whether such uses are located within or outside of the city limits:

a.

A public library,

b.

Public playground or park,

c.

Public or private school and its grounds of kindergarten to twelfth grade,

d

Nursery school, mini-day care center or day care center,

e.

Church, convent, monastery, synagogue, or other place of religious worship,

f.

Any establishment serving alcohol;

2.

Within two hundred fifty (250) feet the following use whether such use is located within or outside of the city limits:

Another adult use subject to the provisions of this section.

B.

Measurement. In calculating the measurement of the buffers required in Section 17.46.080(A) between an adult entertainment facility and a protected use specified in this chapter such distance shall be measured by extending a straight line from the nearest physical point of the structure housing the adult entertainment facility to the property line of the protected use.

C.

One Adult Entertainment Facility Per Site. No more than a single adult entertainment facility structure shall be permitted on any single parcel or lot.

D.

Variance From Siting Requirements. Variances shall be granted from the separation requirements of this chapter if the applicant demonstrates that all of the following criteria are met:

1.

The natural physical features of the land would result in an effective separation between the proposed adult entertainment facility and the protected use in terms of visibility and access;

2.

The proposed adult entertainment facility is compatible with adjacent and surrounding land uses;

3.

The applicant has proposed and agreed to conditions that would minimize the adverse secondary effects of the proposed adult entertainment facility.

E.

Application of Siting Requirements to Lawfully Located Adult Entertainment Facility. A protected use specified in this chapter shall not benefit from the siting requirements of this section if the protected use chooses to locate within five hundred (500) feet of a lawfully located adult entertainment facility. An adult entertainment facility is lawfully located if it has located within the city in accordance with the requirements of this section.

(Ord. No. 527, § 1, 6-14-2022)

All structures housing adult entertainment facilities, whether new or existing structures, shall be developed according to the standards in Chapter 17.22 except that the following standards shall be required:

A.

Front Yard. Property fronting on Trent Avenue, and other sites as may be approved, shall have a front yard having a minimum depth of twenty-five (25) feet. The front of the property, for purposes of this chapter shall be that property line abutting the street, or in the case of a corner lot, that property line abutting any public street, road or highway with the highest arterial classification. No portion of any building or structure, except for approved signage, shall be place within the prescribed setback.

B.

Rear Yard. There shall be a rear yard having a minimum depth of one hundred (100) feet, when the rear yard abuts or adjoins a residential zone or use. There shall be a rear yard having a minimum depth of twenty-five (25) feet, when the rear yard abuts or adjoins a commercial zone. No portion of any building or structure shall be placed within the prescribed setback. The rear yard setback shall be developed in accordance with this chapter and shall not be used for parking in any manner.

C.

Side Yard. There shall be a side yard having a minimum depth of twenty-five (25) feet when the side yard abuts or adjoins a residential zone or use. There shall be a side yard having a minimum depth of fifteen (15) feet when the side yard abuts or adjoins a commercial zone. No portion of any building or structure shall be placed within the prescribed setback. The side yard setback shall be developed in accordance with this chapter.

For the following development requirements, plans shall be submitted at the time of application for an adult entertainment facility use permit and improvements shall be in place prior to the issuance of said permit:

D.

Exterior Doors. No adult entertainment facility shall have an exterior door exiting to the rear of the building.

E.

Exterior Finish. The exterior of an adult entertainment facility shall be a single achromatic color except that black shall not be used. No illustrations depicting partially or totally nude males and/or females, shall be posted or painted, in photographic, silhouette, drawing or any other pictorial representation, on any exterior wall of any building used for an adult entertainment facility, or on any door or apparatus attached to such building, including signage, whether signage is attached or freestanding.

F.

Fencing. A side yard and rear yard sight-obscuring fence shall be constructed inside the property line and be maintained in such a manner as to prevent access from the site containing the adult entertainment facility to adjoining or abutting properties. All fences shall be constructed so as to provide the necessary space for landscaping as required in subsection G of this section. The fence shall be of a five (5)-foot minimum height and be constructed of a sight-obscuring material. No fence shall be constructed within fifteen (15) feet of any street.

G.

Landscaping. The perimeter of the property, outside of the sight-obscuring fence, shall be developed with Type I landscaping or whichever is the highest degree of screening as per Spokane County standards in effect at the time of receipt of a complete application. All landscaping shall be maintained in a living condition at all times, with the installation of an automatic sprinkler system, and shall be replaced if necessary to maintain the integrity of the screen.

H.

Lighting. All on-site parking areas and premises entries shall be illuminated from dusk until one hour past the hour of closing with a lighting system so as to provide for well-lit areas. All exterior lighting shall be constructed, shielded and used so as not to directly illuminate or create a glare visible from adjacent properties or public rights-of-way. Lighting resembling or conflicting with traffic signals or emergency vehicles or otherwise creating safety hazards for pedestrians or vehicular traffic is prohibited.

I.

Off-street Parking. On-site parking and stormwater control shall be required as per Spokane County standards, for similar structure type and use, in effect at the time of receipt of a complete application. No off-site parking shall be allowed. On-site parking shall be placed to the front or side of the structure, unless the side of the structure abuts or adjoins a residential use or zone. No parking shall be allowed in the required rear yard setback.

J.

Trash Receptacles. The adult entertainment facility shall provide and maintain exterior on-site trash receptacles, at least one for each exterior door and maintain the site in a safe and refuse-free manner at all times.

K.

Visual Impacts. No owner or operator of an adult entertainment facility may allow any merchandise or activity of the facility to be visible from any point outside the facility.

(Ord. No. 527, § 1, 6-14-2022)

None of the provision of the chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials or employees through the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public.

(Ord. No. 527, § 1, 6-14-2022)

A.

Public Nuisance/Injunction. Any adult entertainment facility in violation of this chapter shall be deemed a public nuisance, which, in addition to all other remedies or punishments, may be abated by injunctive relief.

B.

Penalties for Violation. Any person or entity violating any provision(s) of this chapter shall be guilty of a misdemeanor. Any person or entity convicted of such a violation shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment in the county jail not to exceed ninety (90) days, or by both such fine and imprisonment. Each day in violation shall be deemed a separate offense.

(Ord. No. 527, § 1, 6-14-2022)