Chapter 17.135 SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

Chapter 17.135
SUPPLEMENTARY REGULATIONS FOR SPECIFIC USES

Sections:

17.135.005 Applicability.

17.135.010 Accessory apartments.

17.135.020 Automotive service stations and gasoline sales.

17.135.030 Bed and breakfast establishments.

17.135.050 Churches.

17.135.060 Circuses and carnivals.

17.135.070 Day care centers commercial.

17.135.080 Fences and hedges.

17.135.085 Heavy equipment storage.

17.135.090 Home occupations.

17.135.100 Mobile or manufactured home parks.

17.135.102 Manufactured homes on individual lots.

17.135.110 Residential condominiums.

17.135.115 Sidewalk dining and seating.

17.135.120 Swimming pools.

17.135.130 Temporary uses and structures.

17.135.150 Trailer and boat storage in residential districts.

17.135.160 Yard sales.

17.135.170 Regulation of adult entertainment establishments.

17.135.175 Adult entertainment establishments—Definitions.

17.135.180 Procedures to establish adult entertainment establishment.

17.135.185 Adult entertainment establishments—Regulations.

17.135.190 Adult entertainment establishments—Alterations to permitted establishments.

17.135.005 Applicability.

The principal and accessory uses, buildings and structures are subject to supplementary regulations in addition to those that are specified for the particular district in which such uses, buildings and structures are located. (Ord. 95-769 § 5 (part), 1995)

17.135.010 Accessory apartments.

Accessory apartments shall meet the following requirements:

A. Only one accessory apartment shall be permitted on any residential lot, and accessory apartments are not permitted in conjunction with a home occupation.

B. The heated floor areas of the accessory apartments shall be at least three hundred square feet and shall not exceed forty percent of the size of the principal dwelling.

C. Accessory apartments created or converted as a part of the principal dwelling must have the entrance at the side or in the rear rather than in the front of the principal dwelling, and the apartment shall have an architectural treatment substantially similar to that of the principal dwelling. If created as a building separate from the principal dwelling, it must be on a permanent foundation located outside of required side yards and set back a minimum of fifteen feet from any property line.

D. Owner Occupancy. Prior to issuance of a building permit or certificate of occupancy establishing either a new or grandfathered accessory unit, the city shall record as a deed restriction in the Clark County auditor’s office a certification by the owner, under oath, in a form prescribed by the planning director that one of the dwelling units is and will continue to be occupied by the owner of the property as the owner’s principal and permanent residence for as long as the other unit is being rented or otherwise occupied. The owner shall maintain residency for at least six months out of the year and at no time receive rent for or otherwise allow to be occupied the owner-occupied unit if absent for the remainder of the year. Falsely certifying owner-occupancy shall be considered a violation of the zoning ordinance and is subject to enforcement actions described in this code.

E. Scale and Visual Subordination. The accessory unit shall be visually subordinate to the primary unit. Specifically, new, detached structures, or additions to existing structures, created for the purpose of establishing an accessory dwelling unit, shall not comprise more than forty percent of the total front elevation of the visual structure (combined accessory unit and primary unit). This standard does not apply for internal conversions of existing structures.

F. Parking. One additional off-street parking space is required in conjunction with the establishment of an accessory dwelling unit. However, the off-street parking requirements set forth in this code shall be maintained for the primary residence.

G. Design and Appearance. An accessory unit, either attached or detached, shall be consistent in design and appearance with the primary structure. Specifically, the roof pitch, siding materials, color and window treatment of the accessory unit shall be consistent with the primary structure.

H. Construction Standards. The design and construction of the accessory unit shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes.

I. Accessory apartments shall be processed as a Type I land use action, subject to the provisions of this section. (Ord. 99-008 § 2(B) (part), 1999; Ord. 96-800 § 5, 1996: Ord. 95-769 § 5 (part), 1995)

17.135.020 Automotive service stations and gasoline sales.

The minimum lot area for such use shall be ten thousand square feet, with at least one hundred feet of frontage on a public street. Gasoline pump islands shall be set back at least twenty feet from public rights-of-way. (Ord. 04-024 § 32, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.030 Bed and breakfast establishments.

A. A bed and breakfast must be accessory to a dwelling unit as the principal use on the property. An individual or family who operates the bed and breakfast establishment must occupy the house as their primary residence. Bed and breakfast establishments shall be limited to a maximum of five bedrooms for guests. Food services may be provided only to overnight guests of the bed and breakfast.

B. Bed and breakfast establishments shall be processed as a Type I land use action, subject to the provisions of this section. (Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.050 Churches.

Churches, temples, mosques, synagogues, and other places of worship shall be located on a site of at least one-half acre. A minimum thirty-foot-wide yard shall be required abutting any residential district. (Ord. 04-024 § 34, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.060 Circuses and carnivals.

Circuses and carnivals are permitted subject to the receipt of a special event license. (Ord. 04-024 § 35, 2004: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.070 Day care centers commercial.

Child care centers, kindergartens, and similar facilities shall comply with any requirements imposed by the state of Washington. Such uses shall have a minimum site size of ten thousand square feet and shall provide and thereafter maintain outdoor play areas with a minimum of one hundred square feet per child. (Ord. 95-769 § 5 (part), 1995)

17.135.080 Fences and hedges.

A. Within all residential districts, fences, walls and retaining walls shall be subject to the following:

1. Single Frontage Lots. Fences on single frontage lots shall comply with the following:

a. From the primary structural wall of the residence facing the street, along the side property lines and forward to and along the front property line, fences shall not exceed forty-two inches in height.

b. From primary structural wall of the residence facing the street, back along the side and rear property lines, fences shall not exceed seventy-two inches in height. See Figure 17.135.080-1, attached to the ordinance codified in this chapter.

2. Double Frontage Corner Lots. Fences on double frontage corner lots shall comply with the following:

a. From the primary structural wall containing the front entry of the residence, along the side property lines and forward to and along the front property line, fences shall not exceed forty-two inches in height.

b. From the primary structural wall containing the front entry of the residence, back along the opposite front, side and rear property lines, fences shall not exceed seventy-two inches in height. See Figure 17.135.080-2, attached to the ordinance codified in this chapter.

3. Double Frontage Interior Lots. Fences on double frontage interior lots shall comply with the following:

b. From the primary structural wall containing the front entry of the residence, back along the side and opposite front property lines, fences shall not exceed seventy-two inches in height. See Figure 17.135.080-3, attached to the ordinance codified in this chapter.

4. Triple Frontage Corner Lots. Fences on triple frontage corner lots shall comply with the following:

b. From the primary structural wall containing the front entry of the residence, back along the opposing front, side and rear property lines, fences shall not exceed seventy-two inches in height. See Figure 17.135.080-4, attached to the ordinance codified in this chapter.

B. No fence, wall or hedge shall be erected in such a manner as to obstruct vision within a public right-of-way or vision needed for driveway access onto a public right-of-way.

C. Barbed wire top strands seventy-two inches above the ground may be permitted in commercial, industrial and institutional and public districts when necessary to protect property or prevent public access to a hazardous area. Barbed wire shall be prohibited in all other districts, except when used in conjunction with a legal, pre-existing agricultural use.

D. Retaining walls shall be considered part of any fence, and shall be included in overall height measurement. Combined retaining wall and fences shall not exceed the height limits for fences established by this section.

E. Fences surrounding swimming pools located pursuant to Chapter 15.116 BGMC may be permitted up to ninety-six inches in height subject to a finding by the planning director that such fence is necessary for safety, the prevention of hazards and privacy.

F. Fence permits shall be processed as a Type I land use action, subject to the provisions of this section and any applicable building standards. (Ord. 04-024 § 36, 2004: Ord. 99-008 § 2(B) (part), 1999; Ord. 98-025 § 1, 1998: Ord. 95-769 § 5 (part), 1995)

17.135.085 Heavy equipment storage.

A. Storage of heavy tracked equipment within light industrial areas may be located on graveled surfacing so long as all appropriate stormwater impacts are mitigated, and all applicable buffers are in place when abutting public or private rights-of-way and residential zones. Graveled areas for heavy equipment are for said equipment only, and are not to be used for parking of commuter vehicles, commercial vans, trucks, or other typical four-wheeled transportation vehicles that should be placed in surfaced parking lots.

B. Approval for heavy equipment storage areas shall be obtained by the planning director when in conjunction with site plan approval or a temporary use permit application. (Ord. 07-15 § 7, 2007)

17.135.090 Home occupations.

A. Approval from the planning director shall be required of the property owner for all home occupations. Except for day care centers, not more than twenty-five percent of the floor space in a structure may be used for a home occupation, up to three hundred square feet in area. One nonresident employee may be permitted in a home occupation. Home occupations shall be allowed to be conducted in accessory buildings detached from the principal dwelling unit; provided, that if the home occupation use occurs in an accessory structure, it shall be subject to the same rules and regulations for home occupation uses within the principal dwelling unit. There shall be no exterior modification of the structure that would suggest use other than for residential purposes. This includes the addition of separate entrances and the conversion of garages to usable space by filling in the garage door opening. No proposed services shall be rendered on the premises which require the presence of persons in connection with the home occupation in excess of an average of four persons per day.

B. Home occupations shall be processed as a Type I land use action, subject to the criteria found in this section. (Ord. 04-024 § 37, 2004: Ord. 00-004 § 1(D), 2000: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.100 Mobile or manufactured home parks.

A. Mobile or manufactured home parks shall be subject to site plan review pursuant to Chapter 17.143 BGMC, subject to the following criteria:

1. Mobile home park developments shall be no less than five acres or more than twenty acres, and must have direct access to a public road which shall have a minimum right-of-way of forty-six feet.

2. All mobile or manufactured home developments shall conform to city buffer requirements as specified in BGMC 17.131.080.

3. The maximum density shall be that permitted for the district in which the mobile home park is located.

4. Not less than ten percent of the area devoted to a mobile home park development shall be improved and maintained for recreational purposes pursuant to Chapter 17.128 BGMC.

5. Individual mobile or manufactured home spaces within the park shall be a minimum of three thousand square feet in area with a minimum width of twenty feet. All homes shall be skirted on the perimeter by a fire-resistant siding.

6. Mobile or manufactured home parks shall conform to all applicable city requirements and standards including but not limited to streets, water, sanitary sewer and storm drainage. (Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.102 Manufactured homes on individual lots.

A. In districts where permitted, manufactured homes on individual lots, including those sited as an accessory apartment where permitted, shall meet the following placement standards (subsections (A)(1) through (A)(7) of this section) prior to occupancy:

1. Foundation. The manufactured home shall be placed on a permanent foundation as specified by the manufacturer.

2. Perimeter Enclosure. The home shall be provided with an appropriate masonry or finished concrete barrier, except for proper ventilation and access openings, to enclose the entire perimeter area of the home between the bottom of the structure and the ground.

3. Removal of Devices. All removable towing devices (i.e., “tongues”), wheels, axles, hitches and transporting lights must be removed after placement on the lot.

4. Width. The manufactured home shall consist of two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long.

5. Exterior Siding. The home shall have exterior siding similar to the exterior siding materials commonly used on residential dwellings.

6. Age. The manufactured home shall be new and shall not have been previously titled to a retail purchaser and is not a “used mobile home” as defined by RCW 82.45.032(2).

7. Energy Code. The manufactured home shall be thermally equivalent to the state energy code.

8. Design Standards. The manufactured home shall meet the design standards applicable to single-family homes established by BGMC 17.106.040(C). (Ord. 05-014 § 1, 2005: Ord. 99-008 § 2(B) (part), 1999; Ord. 96-804 § 1, 1996)

17.135.110 Residential condominiums.

Condominiums shall meet all applicable laws of the state of Washington. Residential condominium developments shall not exceed the maximum density permitted within the particular district where they are located. (Ord. 06-07 § 10, 2006: Ord. 04-024 § 38, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.115 Sidewalk dining and seating.

Sidewalk cafes and seating may be permitted by the planning director within commercial zones and for neighborhood commercial sites as a Type I land use action, subject to compliance with the following provisions:

A. Adequate sidewalk width shall be present to maintain an unobstructed width of four feet outside of the location of the outdoor seating;

B. Outdoor seating shall be limited to owner or operator of the directly adjacent food service establishment;

C. If alcoholic beverages are served, a physical barrier shall delineate the seating area from the remaining sidewalk. This barrier shall be physically anchored to the sidewalk through an approved removable connection;

D. The applicant shall sign a statement that the permittee shall hold the city and its employees harmless, and shall indemnify the city for any claims for damages or injury to property or persons from the use of the sidewalk. The applicant shall maintain public liability, food liability and property damage insurance of at least two million dollars per occurrence and listing the city as an additional insured;

E. Permits shall be valid for a period of one year and may be renewed annually at the request of the applicant. Permits may be revoked or denied renewal based upon noncompliance with conditions or because of public disturbance complaints or calls;

F. Permits are nontransferable. (Ord. 04-024 § 39, 2004)

17.135.120 Swimming pools.

(Reserved).

17.135.130 Temporary uses and structures.

Temporary uses and structures may be permitted by the planning director as a Type I land use action, subject to compliance with any applicable regulations of this title. Temporary uses shall be limited to a maximum of one year with no extensions and shall be limited to the following circumstances:

A. Contractors’ offices and storage of equipment used during the building of roads, utilities and other developments during the actual construction of the development.

B. Other uses and activities of a temporary nature where compliance with the development standards is impracticable because of the temporary nature of the activity. (Ord. 04-024 § 40, 2004: Ord. 99-008 § 2(B) (part), 1999; Ord. 95-769 § 5 (part), 1995)

17.135.150 Trailer and boat storage in residential districts.

Storage of house trailers, horse trailers and other recreational vehicles and trailers in residential districts outside of an enclosed structure shall be kept behind the front building line of the principal dwelling unit and shall observe the other setback requirements that apply to accessory buildings and structures. (Ord. 04-042 § 42, 2004: Ord. 95-769 § 5 (part), 1995)

17.135.160 Yard sales.

On any one premises, no more than three yard or garage sales shall be permitted during a calendar year. Any individual yard sale event shall not exceed seventy-two hours. (Ord. 95-769 § 5 (part), 1995)

17.135.170 Regulation of adult entertainment establishments.

A. Purpose. The purpose of this chapter is to regulate the location, permitting and operation of adult entertainment enterprises in order to promote the health, safety and welfare of all city of Battle Ground citizens and in order to preserve and protect the quality of, and the quality of

life in and around, all city of Battle Ground neighborhoods through effective land use planning and reasonable regulation in light of the findings adopted by the city council and to regulate the display of adult materials by other commercial establishments.

B. Applicability. The provisions of this section apply to any adult entertainment establishment, as defined by BGMC 17.135.175, within the corporation limits of the city of Battle Ground. (Ord. 99-006 § 1, 1999)

17.135.175 Adult entertainment establishments—Definitions.

Any term used in this chapter shall be defined as follows:

“Adult entertainment enterprise” (also “adult entertainment establishment,” “adult business,” “adult-oriented business,” “sexually-oriented business,” or any combination thereof used in the context of this chapter) means an establishment, including an adult arcade, adult bookstore, adult lounge, adult encounter center, adult lotion or massage parlor, adult modeling studio, adult motel, adult movie theater, adult video store or any similar establishment to which customers are invited or permitted access and which, for consideration of any kind, offers adult materials to such customers when:

1. Any live, video or film adult materials are displayed to customers while on the premises of the establishment.

2. Adult materials, constituting either fifty percent or more of the establishment’s stock in trade, as computed by items offered for sale, or fifty percent of gross revenue, are offered for off-premises display to customers.

3. “Adult entertainment enterprises” include the following uses:

a. Adult Arcade. “Adult arcade” means an adult entertainment enterprise, or segment thereof, which provides rooms, booths or devices, whether referred to as arcades, panoramas, peep shows, preview rooms, reading rooms or viewing booths, and regardless of the method of activation or operation, in which or upon which are produced graphic displays or other pictorial or visual images of adult material for on-premises display;

b. Adult Bookstore. “Adult bookstore” means an adult entertainment enterprise, or segment thereof, which offers books, magazines, record or audio tape jackets, periodicals or other printed or pictorial matter constituting or containing adult material which is offered to customers;

c. Adult Encounter Center. “Adult encounter center” means an adult entertainment enterprise, or segments thereof, whether referred to as a lotion studio, massage

parlor, sexy reading room, spa, steam bath or sauna, wherein either employees or customers, or both, display and have direct physical contact with specified anatomical areas of one another or engage in specified sexual activities with or in the presence of one another;

d. Adult Lounge. “Adult lounge” means an adult entertainment enterprise, or segment thereof, including any bar, cabaret, lounge, tavern, theater, concert hall, auditorium or similar structure, regardless of whether such enterprise dispenses alcohol or is regulated by or under the authority of the state of Washington, wherein the live on-premises display of adult material, either by employees or customers, or both, is provided or permitted;

e. Adult Modeling Studio. “Adult modeling studio” means an adult entertainment enterprise, or segment thereof, wherein models are provided who engage in or display adult material while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by customers;

f. Adult Motels. “Adult motels” means a commercial establishment, including hotel, motel or similar public accommodation which:

i. Displays a primary or secondary sign, visible from the public right-of-way, which advertises the establishment as an “adult” facility or advertises the availability of services set forth in paragraphs 2 or 3 of this subdivision, and

ii. Offers sleeping rooms for rent at a reduced rate for a period of time that is less than ten hours, or

iii. Provides to its customers facilities for on-premises viewing of adult material not transmitted over the airways.

Evidence that such establishment has, on more than three occasions in any period of ten consecutive days, engaged in conduct described in paragraph (b.) of this subdivision shall constitute prima facie evidence that such establishment is an adult motel;

g. Adult Movie Theater. “Adult movie theater” means an adult entertainment enterprise, or segment thereof, wherein motion picture films, video cassettes, cable television or any other such visual media in which adult material constitutes a predominant theme are regularly displayed on-premises to more than five customers at any one time;

h. Adult Video Store. “Adult video store” means an adult entertainment enterprise, or segment thereof, which offers still photographs, motion picture film, video cassettes or other recorded visual images or pictorial representations constituting or containing adult materials for off-premises display.

“Adult material” means any material, conveyed or communicated by live performance, still photograph, printed or pictorial matter, motion picture film, slide, video cassette, recorded graphic or visual imagery, human conduct or any other medium which material is intended to provide sexual stimulation or sexual gratification and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. “Adult material” also includes any instrument, device or paraphernalia designed for use in connection with specified sexual activities.

“Church” means a permanently located building primarily used for religious worship.

Conduct Any Business. Any person who does any one or more of the following shall be deemed to be “conducting business”:

1. Operates a cash register, cash drawer or other depository on the premises of an establishment where cash funds, other instruments, or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

2. Displays or takes order from any customer for any merchandise, goods, entertainment or other services offered on the premises of the establishment;

3. Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the establishment;

4. Acts as a door attendant to regulate entry of customers or other persons into the premises of the establishment; or

5. Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the establishment.

“Contact” means the performance of any specified sexual activity or any touching, clothed or unclothed, direct or indirect, of specified anatomical areas.

“Council” means the city of Battle Ground city council.

“Customer” means any person eighteen years of age or older who:

1. Is allowed to enter a regulated establishment, in return for the payment of an admission fee or any other form of consideration or gratuity;

2. Enters a regulated establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

3. Is a member, guest or invitee of and on the premises of a regulated establishment operating as a private club.

8. “Day care center” means a building and premises in and on which individuals are cared for during some portion of a twenty-four hour period, as further defined at BGMC 17.135.070 of the Battle Ground Municipal Code.

“Department” means the city of Battle Ground planning department.

“Display” means any performance or exposure of adult materials or the rendition of any services involving or relating to the performance or exposure of adult materials to customers for consideration of any kind when customers are allowed to read or view such material in its entirety or to inspect or handle such material outside of opaque sealed containers. The physical delivery of printed matter or of goods or merchandise in sealed containers, for any consideration, to customers without on-premises performance or exposure, or rendition of services, is not a display.

“Display surface” means the entire surface of a sign, on one side, devoted to exhibiting advertising. The display surface shall not include the sign frame and incidental supports thereto.

“Employee” means any person who renders any service whatsoever to the customers of an establishment or who works in or about an establishment or who receives compensation for such services or work from the operator or owner of the establishment or from any customer therein.

“Entertainer” means any person who provides adult entertainment within an adult entertainment enterprise as defined in this section whether or not a fee is charged or accepted for entertainment.

“Establishment” means any business engaged in with the object of gain, benefit or advantage, direct or indirect, to the owner, operator or another person, including any business use, commercial use, home business or home occupation regulated under Chapter 17.135 BGMC, but excluding:

1. Churches, as defined in this section;

2. Any private or public college or university, as defined in and regulated by RCW Title 28B;

3. Health care professionals, as defined in RCW 18.120.020(1);

4. Hospitals, as defined in and regulated by RCW Title 70;

5. Any recognized historical society or museum, any college or university library, or any other archive or library under the supervision of the state, county, a municipality or other political subdivision;

6. Nursing homes, as defined in RCW 18.51.010(1);

7. Private or public schools, as defined in and regulated by RCW Title 28A;

8. Any facility operated by the state, county, city, a municipality or other political subdivision;

9. Vocational education programs, as defined in or regulated by RCW Title 28C or Title 18.

“Exterior portion” means any part of the physical structure of a regulated establishment, including a wall, veneer, door, fence, roof, roof covering, fascia or window, which is visible from any public property, public way or common area.

“Interior portion” means any part of the physical structure of a regulated establishment to which customers are invited or allowed access, including restrooms.

“Library” means any library of any college or university, any archive or library under the supervision of the state, county, city, a municipality or other political subdivision, including any recognized historical society or museum.

“Licensee” means the person or persons to whom an adult entertainment business license is issued pursuant to BGMC 5.14.020 of the Battle Ground Municipal Code.

“Liquor” means all beverages defined in RCW 66.04.200.

“Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring on any adult entertainment enterprise and includes assistant managers working with or under the direction of the manager to carry out such purposes.

“Operator” means the manager or other natural person principally in charge of a regulated establishment.

“Owner” means the proprietor, if a sole proprietorship, all partners (general and limited), if a partnership, or all officers, directors, and persons holding ten percent or more of the outstanding shares, if a corporation. The term “owner” shall not include any limited partner or shareholder who has given the operator a statement under oath that he or she does not desire to be listed on the permit application and that he or she waives any right to any notice that is required or permitted to be given under this chapter.

“Park” means publicly owned real property dedicated to recreational uses.

“Planning director” means the planning director of the city of Battle Ground.

“Regulated establishment” means any adult entertainment enterprise as defined in this chapter.

“Residential zone” means any real property zoned for urban or rural single-family or multifamily residential use pursuant to BGMC Title 17.

“School” means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term “school” is limited to public and private schools used for primary or secondary education, in which regular kindergarten or grades one through twelve classes are taught or special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of the grades one through twelve. The term “school” shall be construed to encompass all associated and adjoining real property which is then dedicated and used for school purposes.

“Police chief” means the police chief of the city of Battle Ground.

“Sign” means, in addition to the meanings described in BGMC Title 17, any display, design, pictorial or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of a regulated establishment and that is used to seek the attraction of the public to any goods, services or merchandise available at such regulated establishment. The term “sign” shall also include such representations painted on or otherwise affixed to any exterior portion of a regulated establishment as well as such representations on or otherwise affixed to any other part of the tract upon which such a regulated establishment is situated.

“Specified anatomical areas” means:

1. Definition:

a. Human genitals, pubic region or pubic hair,

b. Buttock,

c. Female breast or breasts below a point immediately above the top of the areola,

d. Any combination of the foregoing listed in this subsection; or

2. Human male genitals in a discernibly erect state, even if completely and opaquely covered.

“Specified sexual activities” means:

1. Human genitals in a discernible state of sexual stimulation or arousal;

2. Acts of human masturbation, sexual intercourse or sodomy;

3. Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or

4. Any combination of the foregoing listed in this subsection. (Ord. 99-006 § 2, 1999)

17.135.180 Procedures to establish adult entertainment establishment.

A. Requests to establish an adult entertainment establishment shall be processed as a Type 2 application pursuant to BGMC 17.143.020.

B. Permitting and Licensing Procedure. To establish an adult entertainment enterprise, an applicant shall complete the following in the order they are listed:

1. Obtain site plan approval from the planning director pursuant to Chapter 17.143 BGMC and the applicable sections of this chapter.

2. Obtain an adult entertainment license from the city treasurer/finance director pursuant to Chapter 5.14 BGMC.

3. Obtain a certification of site plan compliance from the planning director pursuant to Chapter 17.143 BGMC.

4. Obtain an occupancy permit from the city treasurer/finance director pursuant to Chapter 5.02 BGMC. The city treasurer/finance director shall not issue the occupancy permit until all of the above have been satisfied.

C. Submittal Requirements. In addition to the information required by BGMC 17.143.040 and 17.143.045, the applicant shall submit the following information:

1. A site plan, prepared in accordance with the provisions of Chapter 17.143 BGMC.

2. A written description of the proposal, including details of the type or types of adult enterprises to be operated by the prospective licensee (e.g., arcade, bookstore, lounge, encounter center, lotion or massage parlor, modeling studio, motel, movie theater, video store) and shall specify whether the enterprise will involve live on-premises display or on-premises display.

3. Exterior signage and interior plans drawn to scale and accurate to plus or minus six inches which cover the applicable requirements and provisions of the city of Battle Ground sign code.

D. Criteria for Approval. The planning and development director shall approve a request for an adult entertainment establishment if the applicant and proposal meets all of the following criteria:

1. Applicant Requirements. The intended owner of the real property shall not have had any felony conviction or any misdemeanor conviction within the last five years that involved assault, controlled substances, theft or illegal conduct with a minor. Any person with three or more misdemeanor convictions in the last ten years will be disqualified;

2. Location Requirements. Adult entertainment establishments shall meet the following location criteria:

a. Conflicting Uses. No adult entertainment enterprise shall be permitted if the same is hereinafter located within five hundred feet of any residential zone, school, church, day care center, park or public service facility, such as city hall or social service center. Measurements, for purposes of this section, shall be made on a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the adult entertainment enterprise to the nearest point on the property line of such school, church, day care center, park or residential zone.

b. Other Adult Entertainment Uses. No adult entertainment enterprise shall be permitted nor conduct any business within five hundred feet of any other adult entertainment enterprise operating under a current and valid adult entertainment permit. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s adult entertainment enterprise to the nearest point on the property line of any other adult entertainment enterprise. (Ord. 02-009 § 71, 2002: Ord. 99-006 § 3, 1999)

17.135.185 Adult entertainment establishments—Regulations.

Regulations for operating an adult entertainment establishment shall be as follows:

A. Exterior Regulations.

1. Signage. Signage shall comply with applicable requirements of Chapter 17.139 BGMC.

2. Visual Access. No permit shall be issued or continued for an adult entertainment enterprise, if the merchandise or activities of the adult entertainment enterprise are visible from any point outside such enterprise.

3. Exterior Decor. No permit shall be issued or continued for an adult entertainment enterprise, if the exterior portions of such enterprise have flashing lights, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner.

B. Interior Regulations. The interior of the establishments shall meet the following criteria:

1. Lighting Requirements. No permit shall be issued or continued for an adult entertainment enterprise unless such enterprise installs or maintains, except during actual projection of films by adult movie theaters, overhead lighting fixtures of sufficient intensity to illuminate every place within the interior of the premises to which customers will be permitted access at an illumination sufficient to read twelve point type.

2. Interior Sight and Setback Requirements. Except for an adult motel, no permit shall be issued or continued for any adult entertainment enterprise unless the floor plan, as built and maintained, provides for the following:

a. Unobstructed Observation. Unobstructed observation, from any manager station or stations, measured in a straight line, must be possible so that all customers are visible from the waist down at all times in any portion of the interior of the enterprise. For purposes of this section, doors, curtains, partitions, racks, shelves or display racks shall be deemed obstructions. This section shall not apply to restrooms within the premises.

b. Live Display Areas and Setbacks. In the case of adult lounges, adult modeling studios or like enterprises which provide live on-premises display of adult material, in addition to the requirements of subsection (B)(1) of this section, all areas where such display will occur shall be raised to a height of not less than two feet and shall be separated by a setback area of a distance of ten lineal feet from any customer observation area, measured in a straight line from the nearest point of the display area to the nearest point of customer observation.

C. Floor Plans for Permitted Establishments. No permit shall be issued or continued for an adult entertainment enterprise unless a floor plan is submitted with any original, transfer or renewal application. Such floor plan shall accurately reflect the interior floor plan of the enterprise at the time of filing of the application and shall designate:

1. All portions of the enterprise to which customer access will not be permitted;

2. The location of any manager’s station or stations and cash registers;

3. The location of all overhead lighting fixtures;

4. The location of all restrooms;

5. The location of all partitions, rooms or booths and the entrances to such rooms or booths;

6. The location of all fire exits;

7. In the case of an adult lounge or adult modeling studio or similar establishment, the location where any live on-premises display will occur and the exact distance, measured in a straight line to the nearest point for customer observation; and

8. The place within the interior of the establishment where the permit of occupancy and adult entertainment permit shall be posted, if granted. (Ord. 99-006 § 4, 1999)

17.135.190 Adult entertainment establishments—Alterations to permitted establishments.

No additions or alterations to any approved floor plan may be made without prior written approval of the planning director upon written application by the licensee, supported by a floor plan, as required by this section, showing the nature and extent of such addition or alteration. No application for a modified permit or occupancy shall be accepted for filing without payment in full of a fee set by city council. Alteration to floor plans of a permitted establishment shall be processed as a Type I land use action, pursuant to BGMC 17.143.020. (Ord. 99-006 § 5, 1999)