17.37.060 Separation Standards

17.37.060 Separation Standards.

(1) As set forth in 17.70.030, an adult entertainment business is allowed to locate only in a C2 or C3 zone district. Within a C2 or C3 zone district, an adult entertainment business shall not be permitted to locate within 500 feet of any of the following zone districts or uses (hereinafter referred to as “sensitive zone districts” and “sensitive uses”):

(a) any residential zone district;

(b) a C1 zone district;

(d) a child day care facility;

(e) a public or private nursery school, preschool, or educational service;

(f) a public park;

(g) a church or other similar religious facility; and

(h) any other adult entertainment business.

(2) In calculating the measurement of the distance between an adult entertainment business and a sensitive zone district or use, such distance shall be measured by extending a straight line between the nearest boundary line of a sensitive zone district or nearest lot line of a lot containing a sensitive use to the nearest lot line of a lot containing the adult entertainment business.

(3) The city planner may grant an administrative variance in accordance with Chapter 17.130 to modify the separation standards of this Section if the applicant can demonstrate that the following criteria are met:

(a) the physical features of the land and/or the manner in which the proposed adult entertainment business is to be designed would result in an effective separation between the proposed adult entertainment business and any sensitive zone districts or uses in terms of visibility and access;

(b) the proposed adult entertainment business is compatible with surrounding uses; and,

(4) An adult entertainment business shall be deemed a nonconforming use if a sensitive zone district or use locates within 500 feet of said adult entertainment business after said adult entertainment business has been established in accordance with the requirements of this Chapter.