The purpose of this chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety and welfare.

(Ord. 3059 § 3 (part), 7/28/2000)

A.

"Adult entertainment business" includes any premises operated as a commercial enterprise, where any live exhibition or dance of any type is conducted, which exhibition or dance involves a person that is unclothed or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola and/or any portion of the genital region.

B.

"Commercial zones" includes the Commercial, Office (CO) Zone, the Commercial, Neighborhood (CN) Zone, the Community Shopping District (CSD) Zone, the Commercial, Arterial (CA) Zone, and the Central Business District (CBD) Zone.

C.

"Industrial zones" includes the Industrial Park (1P) Zone, the Industrial, Light (IL) Zone, and the Industrial, Heavy (IH) Zone.

D.

"Obscene" means having such quality or being of such nature that, if taken as a whole by an average person applying contemporary community standards, would appeal to a prurient interest in sex, would depict patently offensive representations of sexual acts or lewd behavior, and would lack serious literary, artistic, political, or scientific value.

E.

"Residential zone" includes the Residential, Single-family (RS-7 and RS-9) Zones, the Residential Trailer Park (RTP) Zone, the Residential, Medium Density (RMD) Zone, and the Residential, High Density (RHD) Zone.

(Ord. 3059 § 3 (part), 7/28/2000)

A.

Adult entertainment businesses shall be prohibited in all residential and commercial zones.

B.

Adult entertainment businesses shall be permitted in industrial zones, if the adult entertainment business is located no closer than 500 feet from another adult entertainment business, whether such business is located within or outside the City limits, no closer than 500 feet from any residential zone, whether such zone is located within or outside the City limits, and no closer than 500 feet from any of the following uses, whether such uses are located within or outside the City limits:

1.

Public park, including public recreation trail;

2.

Public library;

3.

Child day-care center, preschool, or nursery school;

4.

Public or private primary or secondary school (grades K—12); and

5.

Church, provided that, for the purpose of this chapter, "church" shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith.

C.

If, after the adoption of this chapter, a public park or library, child day-care facility, a school or church should chose to locate in a zone that authorizes adult entertainment businesses, it shall do so at its own risk and without the protection of the separation requirements of this chapter.

D.

The distances provided in this section shall be measured by the shortest pedestrian route following improved public rights-of-way from the nearest point of the property parcel upon which an adult entertainment business is to be located to the nearest point of a property parcel of a use or zone from which an adult entertainment business is to be separated.

(Ord. 3059 § 3 (part), 7/28/2000)

All signs shall be in compliance with the regulations for such signs as set forth in Chapter 14.36 Sign Code Requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication.

(Ord. 3123 § 23, 10/11/2002; Ord. 3059 § 3 (part), 7/28/2000)

This chapter shall not be construed to prohibit the following:

A.

Plays, operas, musicals, or other dramatic works which are not obscene.

B.

Classes, seminars, and lectures held for serious scientific or educational purposes.

C.

Exhibitions or dances which are not obscene.

D.

Political performances and presentations which are not obscene.

(Ord. 3059 § 3 (part), 7/28/2000)