Chapter 15.29
Adult Entertainment

Sections:

15.29.010 Purpose

15.29.020 Establishments Permitted

15.29.030 Locational Standards

15.29.040 Development Standards

15.29.050 Nonconforming Uses – Abatement

15.29.060 Variance From Locational Requirements

15.29.010 Purpose

The purpose of the adult entertainment regulations is to establish a protection setback for adult entertainment uses to minimize impacts to schools, public parks, public libraries, state-certified day care facilities, community/teen centers, churches and residential and lodging uses, and related uses. (Ord. 94-1048 § 1(A))

15.29.020 Establishments Permitted

Adult entertainment establishments shall be permitted by a major conditional use permit in commercial and industrial zones pursuant to the City of SeaTac Comprehensive Plan and zoning ordinances or any subsequent amendments by the City Council thereafter, as determined by the locational standards for adult entertainment. (Ord. 97-1011 § 11; Ord. 94-1048 § 1(B))

15.29.030 Locational Standards

A.  Any adult entertainment which locates in the City shall, in addition to development standards and any other requirements, maintain a minimum distance of one thousand (1,000) feet from the following:

1.  Property used for public and private schools;

2.  Property used for public parks;

3.  Property used for public libraries;

4.  Property used for state-certified day care facilities;

5.  Property used for community/teen centers;

6.  Property used for churches, cemeteries or other religious facilities or institutions;

7.  Property used for residential and lodging uses, and property zoned for residential uses;

8.  Property used for other adult entertainment uses; and

9.  Property used for organizations, associations, facilities and businesses which provide as a substantial portion of their activities, functions or business, the provision of services to children and/or youth, so that the premises of the organization, association, facility or business would have children and youth in attendance or at the location during a predominant portion of the operational hours of the organization, association, facility or business.

B.  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 or the zone classification boundary line from which the proposed land use is to be separated. (Ord. 94-1048 § 1(C))

15.29.040 Development Standards

The development standards for adult entertainment uses are the same as the applicable zoning regulations for the zoning district in which they are to be located, except as follows:

A.  No electronic readerboards shall be allowed;

B.  All parking areas shall be visible from the street fronting the entertainment, and access to the rear of the structure shall be for emergency vehicles only;

C.  The parking areas shall be fully illuminated using street light standards; and

D.  The exterior color of any building or structure, constructed after the effective date of this subsection, shall be of natural and earth tones. A single accent stripe of any color, no greater than one (1) foot in width, may be permitted, if approved by the City Manager, or designee.

      The development standards in this section shall apply to all buildings, uses and property used for adult entertainment purposes. (Ord. 95-1012 § 1; Ord. 94-1048 § 1(D))

15.29.050 Nonconforming Uses – Abatement

A.  Any adult entertainment business in existence as of the effective date of the ordinance codified in this chapter, which is in violation hereof, shall be deemed a nonconforming use. Such nonconforming uses shall not in any manner be enlarged, extended, altered or rebuilt except that such uses may be changed to comply with the provisions of this chapter.

B.  Such uses that are deemed nonconforming pursuant to the terms of this section shall be permitted to continue for nine (9) years following the adoption of the ordinance codified in this chapter, unless such use is terminated for any reason whatsoever prior thereto for a period of thirty (30) days or more. Thereafter, such nonconforming use shall terminate or come into compliance with the terms of this chapter. It is provided, however, that, notwithstanding the term of the lease, upon the expiration of any lease for a nonconforming adult entertainment use, the adult entertainment use shall no longer be permitted to continue at the same location thereafter. It is further provided that after the effective date of the ordinance codified in this chapter, leases for nonconforming adult entertainment uses shall not be extended or amended in any way that delays the expiration of the term of the lease. (Ord. 94-1048 § 1(E))

15.29.060 Variance From Locational Requirements

A.  Whenever the proponents of an adult entertainment subject to the locational requirements set forth in this chapter feel that the strict application of such requirements is not necessary to achieve an effective degree of physical separation between the adult entertainment and noted uses in SMC 15.29.030(A), the proponent(s) may apply to the Hearing Examiner for a variance from such requirements.

B.  In determining when a variance should be granted, and if so, to what extent, the Hearing Examiner shall consider the following, in addition to the general criteria for a variance established in Chapter 15.22 SMC:

1.  Topographic and other features of the land which provide actual separation between the proposed business or other land use and surrounding land uses;

2.  Pedestrian and vehicular circulation patterns in the vicinity of the proposed activity; and

3.  Any other fact or circumstance which has a significant effect upon the need for the full separation distance required by this chapter.

C.  If, after considering these criteria, the Hearing Examiner finds that an effective separation between the proposed adult entertainment use and the residential zone classification or other stated uses can be achieved without requiring the full distance of separation provided by this chapter, the Hearing Examiner shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for the variance shall be denied. (Ord. 94-1048 § 1(F))