Chapter 17.36
B-2 ZONE—GENERAL COMMERCIAL
Sections:
17.36.050 Density regulations.
17.36.060 General regulations.
17.36.070 Uses located in Lot 61, Division 15.
17.36.080 Uses located in Tract D, Division 7.
17.36.082 Adult entertainment businesses—Effect on other laws.
17.36.090 Intent, general standards for adult entertainment businesses.
17.36.010 Purpose.
This district is intended for a wide variety of commercial uses including those requiring outdoor activity, adult entertainment, and storage. Uses of a less attractive nature and requiring less visibility are intended for this district; however, no use causing any pollution, nuisance, hazard, blight, odor or congestion will be permitted. (Ord. 1039 § 1 (part), 2019: Ord. 837 § 1 (part), 2008: Ord. 136 § 3.16 (part), 1974)
17.36.020 Permitted uses.
Permitted uses shall include the following:
A. One-family, two-family and multifamily dwellings, grocery and drug stores, hardware stores, hotels, motels, restaurants, cafes, taverns, cocktail lounges, banks, professional offices, general offices, specialty shops, jewelry shops, child care centers, light equipment rental, light manufacturing, storage, equipment rental or sales, auto, truck and recreational vehicle sales, fuel storage, repair shops, kennels, marinas, boat repair, adult entertainment businesses, and storage, and other uses and structures of a similar and compatible nature and on-site and off-site hazardous waste treatment and storage facilities; provided, that such facilities comply with the state siting criteria adopted in accordance with RCW 70.105.210, or its successor.
B. Nonaccessory structures in compliance with the provisions of Section 17.50.115.
C. Accessory structures and uses as follows:
1. Residential garages and carports, private workshops, boat docks, private greenhouses, and other uses of a similar and compatible nature, all subject to Section 17.50.110;
2. Fences, walls and hedges subject to Sections 17.50.120 and 17.50.130;
3. Off-street parking subject to Chapter 17.54;
4. Permitted accessory uses include drive-in windows for banks and eating places and any use or structure customarily accessory to permitted uses;
5. Permitted accessory uses to include any use or structure customarily accessory to permitted uses.
(Ord. 1039 § 1 (part), 2019: Ord. 897 § 1 (part), 2011; Ord. 837 § 1 (part), 2008: Ord. 760 § 2, 2003; Ord. 759 § 12, 2003; Ord. 477 § 3, 1989: Ord. 216 § 1.05, 1977: Ord. 136 § 3.16(a), 1974)
17.36.030 Conditional uses.
The following uses may be allowed in the B-2 zone upon approval of a conditional use permit in accordance with the provisions of Sections 17.52.040 through 17.52.080; provided, that they do not detract from the commercial character of the zone:
A. Public and semi-public uses as provided in Section 17.50.040.
B. Resource extraction as provided in Section 17.50.050.
C. Airports and heliports as provided in Section 17.50.220.
D. Row house and other common wall residential developments where the underlying land is subdivided to allow ownership of the individual lot and home.
E. Storage units may be allowed in conjunction with a permitted use.
F. Any use or structure not allowable in other districts may be considered for location in this district with the provision that no use which would cause any pollution, nuisance, hazard, blight, odor or traffic congestion will be permitted. In cases where the nuisance-causing character of the proposal is questionable, the applicant shall provide sufficient proof, bonds or other guarantees to protect the city.
G. Homeless services uses.
1. A homeless services use requires approval of a conditional use permit unless the city council agrees to negotiate a development agreement. Refer to Chapter 17.52.
(Ord. 1076 §§ 2, 3, 2021; Ord. 1039 § 1 (part), 2019: Ord. 837 § 1 (part), 2008)
17.36.040 Prohibited uses.
A. All uses not specifically listed as permitted or conditional uses in this district are prohibited uses; provided, that the city planner may determine that a proposed use is substantially similar to a listed permitted use and authorize the use in accordance with Section 17.06.050; provided further, that uses similar to listed conditional uses may be processed for consideration by the hearing examiner pursuant to Section 17.06.060.
B. Camping and other temporary housing.
(Ord. 1039 § 1 (part), 2019: Ord. 837 § 1 (part), 2008)
17.36.050 Density regulations.
A. One single-family dwelling is allowed per established and recorded lot according to the plats existing as of August 1, 2003, or as legally created thereafter under the provisions of the city short plat and subdivision requirements.
B. Two-family and multifamily dwellings shall have a minimum lot size of seven hundred square feet per dwelling unit.
C. Subdivisions, short plats, replats and/or boundary line adjustments shall have a minimum lot size of seven thousand two hundred square feet; provided, that upon approval of a conditional use permit pursuant to Section 17.36.030, platting to a minimum of seven hundred square feet per lot may be allowed in conformance with the terms of the conditional use permit and the provisions of Section 17.50.190.
(Ord. 1039 § 1 (part), 2019: Ord. 897 § 1 (part), 2011: Ord. 837 § 1 (part), 2008)
17.36.060 General regulations.
A. Minimum side yard depth in feet to be determined by the building and fire codes;
B. Minimum rear yard depth in feet to be determined by the building and fire codes;
C. Yard requirements for residential uses shall be as provided in the R-1 zone.
(Ord. 1039 § 1 (part), 2019: Ord. 897 § 1 (part), 2011; Ord. 837 § 1 (part), 2008)
17.36.070 Uses located in Lot 61, Division 15.
The zoning classification of Lot 61, Division 15, Plat of Ocean Shores, is changed from B-1 to B-2 subject to compliance by the owner with the following conditions:
A. Site screening landscaping must be planted and maintained along the boundary of Lot 61, Division 15, Plat of Ocean Shores, on Silver King Avenue.
B. Cyclone fencing must be installed along Silver King Avenue.
C. No permanent structure not normally permitted in the B-1 zone shall be allowed on Lot 61, Division 15, Plat of Ocean Shores.
D. If the use of this parcel is changed from RV storage the zone will revert to its original classification of B-1.
(Ord. 1039 § 1 (part), 2019: Ord. 837 § 1 (part), 2008: Ord. 382 § 1, 1984. Formerly 17.36.030)
17.36.080 Uses located in Tract D, Division 7.
R-6 zone uses are permitted in the B-2 zone located in Tract D, Division 7. (Ord. 1039 § 1 (part), 2019: Ord. 850 § 2, 2008)
17.36.081 Exemptions.
This chapter does not prohibit video stores that sell and/or rent only videotapes or other graphic reproductions when twenty percent or less of its stock-in-trade or revenue comes from the rental or sale of videotapes or other photographic reproductions considered adult, plays, operas, musicals, or other dramatic works, classes, seminars and lectures which are held for serious scientific or educational purposes, exhibitions, performances, expressions and/or dances that are not obscene.
These exemptions do not apply to sexual conduct described in RCW 7.48A.010. Whether or not activity is obscene shall be judged by consideration of the standards set forth in RCW 7.48A.010. (Ord. 1039 § 1 (part), 2019)
17.36.082 Adult entertainment businesses—Effect on other laws.1
Provisions of this chapter shall not have the effect of authorizing any activities prohibited by state law or other provisions of this code. (Ord. 1039 § 1 (part), 2019)
17.36.090 Intent, general standards for adult entertainment businesses.
It is the intent of this section to provide standards for the location and operation of adult entertainment business. This includes all adult-oriented businesses including adult arcades, adult bookstores, adult novelty stores, adult video stores, and similar adult uses, adult entertainment parlors and adult live entertainment centers.
Adult entertainment businesses shall conform to the minimum standards of the underlying zone, as well as the following general standards:
A. A presubmission conference shall be required.
B. 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 community development prior to the operation of any such use.
C. 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 site plan review committee.
D. In addition to the requirements of Chapter 15.34, the following provisions shall be followed:
1. There shall be no electronic reader boards or changing message center signs;
2. All adult entertainment businesses shall have facades, exteriors, and exits which must be indistinguishable from surrounding buildings. Illustrations to include silhouettes, 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.
E. No alteration of the configuration of the interior of the adult entertainment business or enlargement of the floor space occupied by the premises may be made after obtaining a license without the prior approval of the city planning and building departments.
F. Buffering requirements 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.
1. No adult entertainment business shall be located closer than six hundred sixty feet from another adult entertainment business, whether such other business is located within or outside the city limits;
2. No such adult entertainment business shall be located closer than six hundred sixty feet from the following use or zone, whether such use or zone is located within or outside the city limits:
a. All public facilities, including public and private schools, parks, libraries, etc.;
b. Property used for state-certified day care;
c. Property used for community teen centers;
d. Property used for churches, cemeteries or other religious facilities or institutions;
e. Property used for residential and lodging uses and property zoned primarily for residential uses, including R-4, R-6 and R-16 zones;
f. 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. 1039 § 1 (part), 2019)
Ord. 1039 sets out section 17.36.082 twice. Per the city’s request, the first one, Location of adult entertainment businesses, has been omitted from the code because its provisions conflict with those of Section 17.36.090(F)(2).