4-3-010 ADULT RETAIL AND ENTERTAINMENT REGULATIONS: (Amd. Ord. 4827, 1-24-2000)
A. PROHIBITED IN CERTAIN AREAS:
Adult motion picture theaters, peep shows, panorams, adult retail uses, and places of adult entertainment are prohibited:
1. Within one thousand feet (1,000') of any residential zone or any single family or multiple family residential use; and
2. Within one thousand feet (1,000') of any public or private elementary or secondary school; and
3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool; and
4. Within one thousand feet (1,000') of any facility or institution used primarily for religious purposes; and
5. Within one thousand feet (1,000') of any public park with the exclusion of public parks which solely consist of a public trail; and
6. Within one thousand feet (1,000') of any other established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment; and
7. Within one thousand feet (1,000') of an alcohol-serving tavern, bar, dance hall, restaurant or similar business; and
8. The City retains the discretion, when rare circumstances exist, to permit a use closer than the delineated setback distance if natural features such as a wetland, natural area or creek or a built feature such as a major road creates an actual setback that is greater than the direct line setback. (Amd. Ord. 4773, 3-22-1999; Ord. 4828, 1-24-2000; Ord. 5597, 4-25-2011)
B. EXCEPTIONS:
Adult retail uses and adult entertainment businesses, as defined herein, shall be permitted provided the following geographic criteria can be met:
1. Located within those zones west of State Route 167 and south of Interstate 405;
2. Located south of and not facing SW 16th Street;
3. Located west of and not facing East Valley Highway;
4. Not located within one thousand feet (1,000') of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment;
5. Not located on a parcel that shares the same street frontage of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment; and
a. Parcels located along or taking primary access from the same street without a bisecting primary arterial shall be considered to share the same street frontage.
b. Parcels located within five hundred feet (500') of a street intersection shall be considered to have street frontage along both intersecting streets.
6. Not located on or between SW 43rd and SW 41st Streets; and
7. Not located within one thousand feet (1,000') of the Boeing “Longacres” property. (Ord. 5597, 4-25-2011; Ord. 5759, 6-22-2015)
C. MEASUREMENT PROCEDURE:
The distances provided in this Section 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, street or land use district boundary line from which the proposed land use is to be separated. (Ord. 5597, 4-25-2011)
D. LIABILITY:
Nothing in this Section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City regulation or statute of the State of Washington regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 5597, 4-25-2011)
E. VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Violation of this Section on adult retail and entertainment regulations is declared to be a public nuisance per se, which may be abated by the City by way of nuisance abatement procedures, RMC 1-3-3, or chapter 1-10 RMC, Code Enforcement, or both, and not by criminal prosecution. (Ord. 4261, 2-26-1990; Ord. 5159, 10-17-2005; Ord. 5597, 4-25-2011; Ord. 6034, 11-15-2021)
F. NONCONFORMING USES:
1. Amortization Schedule: Any adult entertainment, activity, use, or retail use located within the City limits on the effective date of Ordinance No. 4827 (February 27, 2000) that is made nonconforming by this Section shall be terminated within one year.
2. Extension Requests.
a. Timing: Such termination date may be extended upon the approval of an application filed with the City within one hundred twenty (120) days of the effective date of the ordinance codified in this Section requesting an extension to such one-year amortization period.
b. Decision Criteria: The administrative decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant demonstrating a significant economic hardship that is based on an irreversible financial investment or commitment unique to that location made prior to the effective date of the ordinance codified in this Section including, but not limited to, fixed assets and tenant improvements. A determination of significant economic hardship shall be based upon the degree to which the requirements of this Section diminish the viability of the business or precludes reasonable alternative uses of the subject property.
c. Process: The extension request shall be processed as a Type V procedure pursuant to RMC 4-8-080G.
d. Maximum Extension Period: No extension period shall be greater than one year.
e. Appeals: Rights to appeal the decision are governed by the provisions of RMC 4-8-110E8 and F6. (Ord. 4828, 1-24-2000; Ord. 5597, 4-25-2011)