Chapter 19.80
ADULT USES

Sections:

19.80.010  Purpose.

19.80.020  License required.

19.80.030  Adult use development standards.

19.80.010 Purpose.

In the development and adoption of this chapter, the City recognized that there are adult entertainment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized.

This chapter is intended to protect the general public health, safety and welfare of the citizenry of the City of Spokane Valley through the regulation of the operations and licensing of the adult entertainment devices, premises and personnel of adult entertainment establishments. The provisions of this chapter have neither the purpose nor 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 establishments, 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. (Ord. 07-015 § 4, 2007).

19.80.020 License required.

Licensing requirements for adult uses are contained in Chapter 5.10 SVMC. (Ord. 07-015 § 4, 2007).

19.80.030 Adult use development standards.

A. There shall be five existing acres of contiguous (includes across streets) zoning classified Community Commercial or Regional Commercial.

B. The use shall be located or maintained at least 1,000 feet from the nearest property line of the use listed in subsections (B)(1) through (6) of this section. Distance shall be measured from the nearest property line of the adult retail use establishment or adult entertainment establishment(s) to the nearest property line of the following pre-existing uses:

1. Public library;

2. Public playground or park;

3. Public or private school and its grounds of kindergarten to twelfth grade;

4. Nursery school, mini-day care center or day care center;

5. Church, convent, monastery, synagogue or other place of religious worship;

6. Another adult use subject to the provisions of this section.

C. An adult retail use establishment or adult entertainment establishment(s) shall not be located within 1,000 feet of an urban growth area boundary or within 1,000 feet of any of the following zones:

1. R-1, Single-Family Residential Estate district;

2. R-2, Single-Family Residential Suburban district;

3. R-3, Single-Family Residential district;

4. R-4, Single-Family Residential Urban district;

5. MF-1, Multifamily Medium Density Residential district;

6. MF-2, Multifamily High Density Residential district;

7. MUC, Mixed Use Center district;

8. CMU, Corridor Mixed Use district;

9. CC, City Center district; or

10. NC, Neighborhood Commercial district. (Ord. 07-015 § 4, 2007).