736 Regulation of Adult Ent Bus and amen Ch 17 ZoningCITY OF YELM
ORDINANCE N0.736
AN ORDINANCE of the City of Yelm, Washington, regulating adult entertainment facilities
within the City of Yelm, Washington, and amending Chapter 17, Zoning, in the Yelm
Municipal Code.
WHEREAS, the City of Yelm has thoughtfully and thoroughly evaluated the regulations
necessary to the siting and regulation of adult entertainment businesses; and
WHEREAS, the City of Yelm has determined that the regulation of the adult entertainment
industry is necessary because, in the absence of such regulation, significant criminal activity has
historically and regularly occurred. This history of criminal activity in the adult entertainment industry
has included prostitution, illegal employment of minors, narcotics and alcoholic beverage law
violations, breaches of the peace, tax evasion, and the presence within the industry of individuals with
hidden ownership interest and outstanding arrest warrants; and
WHEREAS, the proximity between entertainers and patrons during adult entertainment
performances can facilitate sexual contact, prostitution and related crimes. Concerns about crime and
public sexual activity are legitimate and compelling concerns of the City of Yelm which demand
reasonable regulation of adult entertainment establishments in order to protect the public health, safety
and general welfare; and
WHEREAS, it is not the intent of this ordinance to suppress or censor any expressive activities
protected by the First Amendment of the United States Constitution or Article 1, Section 5 of the
Washington State Constitution, but rather to enact time, place and manner regulations which address
the compelling interests of the City in mitigating the secondary effects of adult entertainment
establishments;
NOW, THEREFORE, be it ordained by the City Council of the City of Yelm, as follows:
Section 1. ADULT ENTERTAINMENT FACILITIES.
1.1 Definitions.
1.1.1 Those certain terms used herein which are defined in Ord. 737, sections 1.1,
2.1 and 3.1 shall have the same meaning as set forth in said sections.
L 1.2 The term "Adult Entertainment Facility" shall include all adult oriented
businesses including adult arcades, adult bookstores, adult novelty stores, adult
video stores, and similar adult uses, massage parlors and adult live
entertainment facilities.
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1.2 Adult entertainment facilities classified and permitted.
1.2.1 Adult entertainment facilities falling under the definition of adult bookstore,
adult novelty store, adult video store or similar adult uses shall be permitted in
specific zones and under specific standards identified in Section 1.4 through
a site plan review process as required by Yelm Municipal Code Chapter 17.84.
1.2.2 Adult arcades, massage parlors and adult live entertainment centers shall be
permitted in certain zones and under conditions identified under Section 1.4
through a special use permit process as identified under Yelm Municipal Code
Chapter 17.66.
1.3 Adult entertainment facilities permitted in certain land use zones subject to certain
restrictions and standards.
1.3.1 Adult entertainment facilities falling under the definitions of adult bookstores,
adult novelty stores, adult video stores or other similar adult uses may be
permitted in the following zones subject to the standards and requirements of
Section 1.4 and spacing requirements identified below:
(a) Land use zones permitted:
i. Heavy Commercial Zone G2;
ii. Large Lot Commercial C-3;
iii. Industrial; and
iv. Light Industrial.
(b) Spacing and buffering requirements:
i. No such adult entertainment facility shall be located closer
than three hundred thirty feet from another adult entertainment
facility, whether such other facility is located within or outside
the city limits;
ii. No such adult entertainment facility shall be located closer
than three hundred thirty feet from any sensitive land use or
land use zone identified in Section 1.5, whether such zone or
use is located within or outside the city limits.
(c) General standards. All the standards of Section 1.4 shall apply.
1.3.2 Adult arcades, massage parlors and adult live entertainment facilities shall be
permitted in the following zones subject to the standards and requirements of
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Section 1.4 and the spacing and buffering requirements identified below:
(a) Land use zones permitted: Light Industrial and Industrial.
(b) Spacing and buffering requirements:
i. No adult arcade, massage parlor or adult live entertainment
center shall be located closer than six hundred sixty feet from
another adult arcade, massage parlor or adult live
entertainment center nor closer than three hundred thirty feet
from any other adult entertainment facility, whether such other
business is located within or outside the city limits.
ii. No adult arcade, massage parlor or adult live entertainment
center shall be located closer than six hundred sixty feet from
any sensitive land use or land use zone identified in Section
1.5, whether such zone or use is located within or outside the
city limits.
(c) General standards. All standards of Section 1.4 shall apply.
1.4 General standards for adult entertainment facilities. Adult arcades, adult bookstores,
adult novelty stores, adult video stores and similar uses, massage parlors and adult live
entertainment centers shall conform to the following general standards.
1.4.1 All on-site parking areas and premise entries of adult entertainment uses shall
be illuminated from dusk until one hour past closing hours of operation with
a lighting system which provides an average maintained horizontal
illumination of one foot candle of light on the parking strips and/or walkways.
An on-premise exterior lighting plan shall be presented to and approved by the
Department of Community Development prior to the operation of any such
use.
1.4.2 All parking must be visible from the fronting street. Access to the exterior rear
of the building shall be denied to any persons other than employees or public
officials during the performance of their respective duties and tasks by means
of fencing as approved by the Department of Community Development.
1.4.3 In addition to all on-premise sign requirements of Yelm Municipal Code
Chapter 15.24, the following signing provisions shall be followed:
(a) There shall be no electronic reader boards or changing message center
signs;
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(b) All adult entertainment facilities shall have facades, exteriors, and exits
which must be indistinguishable from surrounding buildings.
Illustrations depicting partially or totally nude males and/or females
shall not be posted or painted on any exterior wall of the building used
for such businesses or on any door or apparatus attached to such
building.
1.4.4 All standards of the underlying zone.
1.4.5 Reasonable conditions necessary to properly mitigate bona fide secondary
impacts identified during the site plan or special use permit review process.
1.4.6 All adult entertainment facilities shall be required to comply with the
requirements of Chapter 17 of the Yelm Municipal Code to promote
compatibility with surrounding land uses in both commercial and the light
industrial zones.
1.5 Sensitive land uses. The following uses, properties and zones are considered sensitive
as referenced in Sections 1.3.1 and 1.3.2.
1.5.1 Property used for public and private schools;
1.5.2 Property used for public parks;
1.5.3 Property used for public libraries;
1.5.4 Property used for state-certified day care;
1.5.5 Property used for community teen centers;
1.5.6 Property used for churches, cemeteries or other religious facilities or
institutions;
1.5.7 Property used for residential and lodging uses and property zoned primarily for
residential uses, including R-4, R-6 and R-14 zones;
1.5.8 Property used for organizations, associations, facilities and businesses which
provide, as a substantial portion of their activities, function or business, the
provision of services to children and/or youth, so that the premises of the
organization, facility or business would have children and youth in attendance
or at the location during a predominant portion of the operational hours of an
adult entertainment facility.
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1.6 Measuring_required distances. The distances between adult entertainment facilities
and sensitive land uses identified in Section 1.5 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.
1.7 Waiver of distance requirements. The following procedures and criteria shall be
adhered to with regard to a request for waiver of distance requirements:
1.7.1 Distance waiver required. Any party proposing to locate an adult facility
within less than the required distances from uses or zones as specified in this
ordinance may do so only after obtaining a waiver therefor from the city
council through a special use permit process.
1.7.2 Waiver notice requirements. In addition to the notice requirements for special
use permits, first class mailing notice shall be made to all parties within the
distance set forth in Sections 1.3.1 and 1..3.2, depending upon the use in
question. The applicant shall provide the names and addresses of all property
owners and businesses within said distances from the proposed use.
1.7.3 Criteria for decision. The final decision on the request for waiver of distance
shall be made by the city council based on consideration of the following:
(a) The extent to which the physical features would result in an effective
separation in terms of visibility and access;
(b) Compatibility with adjacent and surrounding land uses;
(c) Ability to avoid the adult facility by alternative vehicular and
pedestrian routes.
1.8 Adult entertainment facilities forbidden in other zones. Adult arcades, adult
bookstores, adult novelty stores, adult video stores, and similar adult uses, massage
parlors and adult live entertainment facilities shall be limited to the zones specified for
such uses in Sections 1.3.1 and 1.3.2 and shall be forbidden in all other zones within
the City of Yelm.
1.9 Adult entertainment facilities effect on other laws. Provisions of this chapter shall not
have the effect of authorizing any activities prohibited by state law or other provisions
of this code.
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Section 2. Severability. If any provisions of this ordinance or its application to any person or
circumstances is held invalid, the remainder of the ordinance or the application of the provisions to
other persons or circumstances is not affected.
Section 3. Effective Date. This ordinance shall become effective five days following its passage and
publication as required by law.
PASSED by the Council of the City of Yelm, Washington, at its regular meeting on the 27`" day of
June, 2001.
CITY OIL ~'E]1.~; WASHINGTON
__.-~
Adam Rivas, Mayor
Authenticated:
Ag s P. Bennick, City Clerk
PUBLISHED: Nisqually Valley News, July 6, 2001
EFFECTIVE: July 10, 2001
Approved as to form:
i
Attorney: Brent Dille
Owens Davies Mackie
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