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HomeMy WebLinkAbout5835 ORDINANCE NO.5 8 3 5 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 18.74 OF THE CITY CODE, AMENDING SECTIONS 5.30.020, 18.30.020, 18.30.030, 18.32.020, 18.32.040, 18.34.020 AND 18.34.040 OF THE AUBURN CITY CODE, AND REPEALING SECTIONS 18.04.022, 18.04.024, 18.04.027, 18.04.030, 18.04.032, 18.04.678, 18.04.830 and 18.04.840 OF THE AUBURN CITY CODE RELATING TO THE REGULATION OF SEXUALLY ORIENTED BUSINESSES WHEREAS, the City Council is committed to protecting the general welfare of the City through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses while preserving constitutionally protected forms of expression; and, WHEREAS, the City has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, San Diego and Los Angeles, and other cities in the State of Washington, and the police records of various cities, and court decisions regarding sexually oriented business establishments. The City Council finds that sexually oriented business establishments require special supervision by public safety agencies in order to protect and preserve the health, safety, and welfare of the patrons and employees of said business as well as the citizens of the City; and, WHEREAS, the City Council also reiterates and reaffirms its findings set forth in its Resolution Number 3436, and hereby incorporates by this reference its legislative record for said Resolution, also incorporating in its legislative record Resolution Numbers 3569 and 3633, and materials therewith; and, WHEREAS, the City Council finds that concerns about crime and public sexual activity generated and/or occurring within or nearby the sexually oriented business establishments are legitimate, substantial and compelling concerns of the City which demand reasonable regulation; and, WHEREAS, the City Council finds that sexually oriented business establishments, due to their nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of sexually transmitted diseases; and, WHEREAS, there is convincing documented evidence that sexually oriented business establishments may have a detrimental effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of quality of life and property values and the spread of urban blight. Reasonable regulation of the location of these sexually oriented business ---------------------------- Ordinance No. 5835 April 1, 2004 Page 1 establishments will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such establishments; and, WHEREAS, the City recognizes that sexually oriented business establishments, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, day care centers, religious facilities, public parks, and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas, and it has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized; and, WHEREAS, this Ordinance is intended to protect the general public health, safety, and welfare of the citizenry of the City through the regulation of the location of sexually oriented business establishments, and the regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around sexually oriented business establishments, and to isolate dangerous and unlawful conduct associated with these facilities; and, WHEREAS, it is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5, of the Washington State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of sexually oriented business establishments; and, WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of obscene material, and the City Council recognizes that state and federal law prohibits the distribution of obscene materials; and, WHEREAS, in advance of the development and presentation of the proposed Ordinance City Staff met on a number of occasions with colleagues from other cities to compare and consider methods to address the purposes of this Ordinance and to develop a record therefor; and, WHEREAS, the City of Auburn Planning Commission scheduled and met at various days, including on November 6, 2002, December 3, 2002, January 22, 2003, February 4, 2003, March 4, 2003, May 6, 2003, June 3, 2003, July 8, 2003, August 5, 2003, September 9,2003, November 6,2003, February 3,2004, and March 2, 20041, to consider and discuss various proposals and options for ordinances and to review drafts thereof; and, 1 Note: A meeting/public hearing of the Planning Commission was also scheduled for January 6, 2004, to address this topic, but was canceled because of inclement weather. ---------------------------- Ordinance No. 5835 April 1, 2004 Page 2 WHEREAS, at those meetings, the Planning Commission considered ordinances of other jurisdictions, and further considering studies and reports relative thereto, and further considered different proposals for Ordinances for the City of Auburn, including, but not limited to amortization approaches and pre-existing nonconforming use (grandfathering) approaches, as well as various levels and percentages of business activities; and, WHEREAS, the City issued a SEPA determination on the Code amendments herein, no comments were received during the comment period (December 11 to December 26, 2003) and the City issued a Final DNS on December 29, 2003; and WHEREAS, the City's proposed Ordinance language was also transmitted to the Washington State Department of Community Trade and Economic Development and other State agencies for the 60 day review period in accordance with RCW 36.70A.1 06, from which no comments or responses were received; and WHEREAS, in pursuit of the development of a Sexually Oriented Business Ordinance for the City of Auburn, the Planning Commission held a duly advertised public hearing on the 3rd day of February, 2004, to again consider the proposed Ordinance and the subject matter of location of sexually oriented business establishments, at which public hearing the Planning Commission received comments from the public on that subject matter, and thereafter forwarded to the City Council its recommendations and proposed language which the City Council believes to be true, and which, together with the findings heretofore set forth, form the basis for the adoption of this ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION ONE: That Chapter 18.74 of the Auburn City Code be and the same is hereby amended to read as follows: Chapter 18.74 j\DUL T USES LOCATION OF SEXUALLY ORIENTED BUSINESSES Sections: 18.74.010Purpose. 18.74.020 Prohibited area designated. Definitions. 18.74.030 Prohibited in Certain Areas. 18.74.040 Liability. 18.74.050 Violations and Civil Penalties. 18.74.060 Construction. 18.74.070 Severability. ---------------------------- Ordinance No. 5835 April 1, 2004 Page 3 18.74.010 Purpose. The purpose of this chapter is to restrict the location of adult usessexually oriented businesses thereby protecting the public health, safety, morals and general welfare of Auburn. (Ord. 4886 § 2, 1996.) 18.74.020 Prohibited area designated Definitions. IA,. Adult uses are prohibited within the follO\ving areas: 1. 'Nithin any residential (R) zone; 2. VVithin 1,000 feet of any residential (R) zone or any other legal conforming residential use as defined in this title; 3. VVithin 1,000 feet of any public or private school; 4. VVithin 1,000 feet of any church or other religious facility or institution; 5. VVithin 1,000 feet of any public park or recreation facility; 6. \^lithin 1,000 feet of any public library; 7. Within 1,000 feet of any daycare facility; 8. \^lithin 1,000 feet of any other adult use. B. The distances provided in this section shall be measured by follO\ving a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon 'Nhich the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from 'Nhich the proposed land use is to be separated. A. "Sexually oriented business" means any commercial premise that offers the sale, exchanqe, rentinq, loaninq, tradinq, transferrinq or providinq for viewinq activities defined as adult entertainment or adult entertainment merchandise or which includes but is not limited to those businesses defined as follows: 1. "Adult bathhouse," which means a commercial bathhouse that excludes minors (non-adults) by virtue of aqe from the premises, Provided that this definition shall not include facilities that offer "adult-only" sessions or proqrams as a part of their athletic or recreational proqrams or activities. 2. "Adult book and video establishment" means a commercial establishment that has ten (10) percent or more of the value of all its stock in trade, consistinq of books, maqazines, periodicals or other printed matter; and/or photoqraphs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined in this Section. 3. "Adult cabaret" which means a commercial establishment that presents' dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes minors (non-adults) by virtue of aqe from the premises. 4. "Adult entertainment facility," which means any establishment where the business or activity of the facility includes adult entertainment. as defined in Section 5.30.020 of the City Code, and/or includes any of the followinq: a. Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothinq as to expose any portion of the female breast below the top of the areola or any portion of the pubic reqion, anus, buttocks, ---------------------------- Ordinance No. 5835 April 1, 2004 Page 4 vulva or qenitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic reqion, anus, buttocks, vulva or genitals, or human male qenitals in a discernibly turgid state, even if completely and opaquely covered; or b. Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance or dance is distinquished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the followinq specified sexual activities: (1) Human qenitals in a state of sexual stimulation or arousal. (2) Acts of human masturbation, sexual intercourse or sodomy, or (3) Fondlinq or other erotic touchinq of human qenitals, pubic reqion, buttocks or female breast; or c. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted in a premises where such exhibition, performance or dance is performed for, arranqed with, or enqaqed in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancinq, couch dancinq, taxi dancinq or straddle dancinq. d. It is provided however that for the purposes of this Chapter, adult entertainment activities do not include the followinq: (1) Plays, operas, musicals, or other dramatic works that are not obscene; (2) Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or (3) Exhibitions, performances, expressions or dances that are not obscene; It is further Provided that these exemptions shall not apply to the sexual conduct defined in Section 5.30.020(0) of the City Code, or the sexual conduct described in RCW 7.48A.010 (2)(b)(ii) and (iii).2 5. "Adult Live Entertainment Establishment" shall mean a commercial premise to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment to a member of the public on a reqular basis or as a substantial part of the premises activity. 6. "Adult Massaqe Parlor" means a commercial establishment in which massage or other touchinq of the human body is provided for a fee and which excludes minors (non-adults) virtue of aqe from the premises. 7. "Adult Motion Picture Theater" means an enclosed buildinq or outdoor drive-in theaters used for presentinq motion picture films, video cassettes, cable television, or any other such visual media, distinquished or characterized by an 2 7 .48A.01 0 Definitions. (Moral Nuisances - RCW) Included for information only, not for codification. (2) "Lewd matter" is synonymous with "obscene matter" and means any matter: (b) Which explicitly depicts or describes patently offensive representations or descriptions of: (ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or (iii) Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture. . . ---------------------------- Ordinance No. 5835 April 1, 2004 Page 5 emphasis on matter depictinq, describinq or relatinq to "specific sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein. 8. "Adult Retail Establishment" means an establishment such as any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business, service, or portion thereof, which, for money or any other form of consideration, provides adult entertainment material. as defined in this Section, and which at least ten (10) percent. of its stock-in-trade for sale, exchanqe, rental. loan, trade, transfer, and/or provision for viewinq or use off the premises of the adult retail establishment as defined in this chapter. There shall be a rebuttable presumption that a business is an adult retail establishment if either: (1) the dollar value of on-site inventory of adult entertainment material equals at least ten (10) percent of the business' entire inventory; (2) at least ten (10) percent of the establishment's revenue is derived from adult entertainment material; or (3) at least ten (10) percent of the total floor area of the business is devoted to displayinq and/or supportinq the adult entertainment material. In determininq whether or not the presumption is rebutted, the director may consider the following factors, which are not conclusive: Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory; Whether the establishment is advertised, marketed, or held out to be an adult merchandisinq facility; Whether adult entertainment merchandise is an establishment's primary or one of its principal business purposes; or An establishment may have other principal business purposes that do not involve the offerinq for sale or rental of adult entertainment merchandise and still be cateqorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from beinq cateqorized as an adult retail establishment so lonq as one (1) of its business purposes is offerinq for sale or rental. for some form of consideration, the specified adult entertainment merchandise. The director shall have full discretion to qive appropriate weiqht to the factors set forth above as well as other factors considered dependinq on the particular facts and circumstances of each application. 9. "Adult sauna parlor" means a commercial sauna establishment, which excludes minors (non-adults) by virtue of aqe from the premises. 10. "Panoram or peepshow" means any device which, upon the insertion of a coin or by any other means of payment. includinq membership fee or other charqe, exhibits or displays a picture or view by film, video or other means, includinq observation of live performances depictinq, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein. . B. "Adult entertainment material" means any books, maqazines, cards, pictures, periodicals or other printed matter, or photoqraphs, films, motion pictures, video tapes, slides, or other photoqraphic reproductions, or visual representations, CD ROM's, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment. paraphernalia, toys, novelties, games, clothinq or other merchandise or material. which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities", as defined by ---------------------------- Ordinance No. 5835 April 1, 2004 Page 6 this Title. This includes any instrument. device, or paraphernalia that are desiqned for use in connection with any specified sexual activities. C. "Adult uses" means any establishment meetinq the definition of an adult entertainment establishment or any establishment that otherwise provides adult entertainment or adult entertainment merchandise as defined herein. D. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human qenitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and 2. Human male qenitals in a discernibly turqid state, even if completely and opaquely covered. E. "Specified sexual activities" means: 1. Human qenitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondlinq or other erotic touchinq of human qenitals, pubic reqion, buttock or female breast. 4. Excretory functions as part of or in connection with any of the activities set forth in this subsection. (Ord. 4886 § 2, 1996.) 18.74.030 Prohibited in Certain Areas. A. Sexually oriented business uses are prohibited: 1. Within one thousand (1 ,000) feet of any property zoned for any residential use or of any property used for any sinqle-family or multiple-family residential use; 2. Within one thousand (1 ,000) feet of any public or private elementary or secondary school; 3. Within one thousand (1 ,000) feet of any child day care center, child care service, nursery, pre-school or community youth center; 4. Within one thousand (1,000) feet of any church or other facility or institution used primarily for religious purposes; 5. Within one thousand (1,000) feet of any public park, open space or other similar place where children are likely to congreqate; and, 6. Within one thousand (1,000) feet of any large enclosed multi-business retail complex that caters as a siqnificant part of its business to children. For the purposes hereof, a larqe enclosed multi-business retail complex that caters as a significant part of its business to children means a covered complex of retail and service business that include at least thirty businesses, and that have any combination of amenities qeared to children, includinq but not limited to: attractions desiqned for use by children, reQularly scheduled events for children, and desiqnated play child areas. 7. Within one thousand (1 ,000) feet of any other sexually oriented business use. B. As used herein, the distances shall mean the straight-line distance between the edqe or corner of the property on which the sexually oriented business use is located to the nearest edqe or corner of the property of another sexually oriented business use or any of the sensitive uses set forth above, Provided that if there is more than one business or tenancy on the property, then the distances shall mean the straiQht-line distance between the edqe or corner of that portion of the property (or ---------------------------- Ordinance No. 5835 April 1, 2004 Page 7 tenancy) on which the sexually oriented business use is located to the nearest edQe or corner of the property of another sexually oriented business use or any of the sensitive uses set forth above. C. It is provided, however, that any sexually oriented business operatinq with in the City of Auburn as of the initial effective date of this Ordinance shall constitute a pre-existinq nonconforminq use pursuant to Section 18.04.650 of the City Code. 18.74.040 Liability. Nothinq in this Chapter is intended to authorize, leqalize or permit the establishment. operation or maintenance of any business, buildinq or use which violates any City requlation or statute of the State of Washinqton reqardinq public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 18.74.050 Violations and Civil Penalties. Violation of the use provisions of this Chapter shall be a civil infraction and subject to enforcement throuqh Chapter 1.25 of the City Code. In addition thereto, violation of the use provisions of this Chapter is declared to be a public nuisance per se and shall be subject to abatement as a public nuisance and/or a moral nuisance. Furthermore, the City is authorized and empowered to employ any and all other enforcement and abatement tools resources, strateqies, remedies and actions available under the law for such violations and/or circumstances, includinq but not limited to business license revocation. 18.74.060 Construction. If any portion of this Chapter, is deemed to be in conflict or inconsistent with any other provisions of the City Code, includinq but not limited to its zoninq requlations, such other provisions shall be construed in conformity herewith: Provided that if such other provisions are not able to be so construed, the provisions of this Chapter shall control, and such other provisions shall be deemed modified to conform herewith, for the purposes of this Chapter only. 18.74.070 Severability. If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to other persons or circumstances, shall not be affected. SECTION TWO. AMENDMENT TO CITY CODE. That Section 5.30.020 of the Auburn City Code (Adult Entertainment Establishments) is amended to read as follows: 5.30.020 Definitions. A. "Adult entertainment establishment" means any panoram or peepshow or business or commercial premises to which any member of the public is invited or ---------------------------- Ordinance No. 5835 April 1, 2004 Page 8 admitted and where a performer provides live adult entertainment to any member of the public. B. "Adult entertainment" means: 1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portions of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid stage, even if completely and opaquely covered; or 2. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, stimulation or relation to the following specified sexual activities: a. Human genitals in a state of sexual simulation or arousal, b. Acts of human masturbation, sexual intercourse or sodomy, or c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing or straddle dancing. C. "Applicant" means the individual or entity seeking an adult entertainment establishment license in the city of Auburn. D. "Applicant control persons" means all partners, owners, corporate officers and directors and any other individuals in the applicant's business organization who hold a significant interest in the adult entertainment establishment business, based on responsibility for management of the adult entertainment establishment business. E. "Clerk" means such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof. F. "Employee" means any and all persons, including managers, performance and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment. G. "Performer" means any person who provides adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. H. "Liquor" means all beverages defined in RCW 66.04.200. I. "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 at any adult entertainment establishment, and includes ---------------------------- Ordinance No. 5835 April 1, 2004 Page 9 assistant managers working with or under the direction of a manager to carry out such purposes. J. "Operator" means any person operating, conducting or maintaining an adult entertainment establishment. K. "Panoram or peepshow" shall mean any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or other means, including observation of live performances. L. "Panoram premises" means any premises or portion of a premises on which a panorama is located and which is open to the public, including through membership. M. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. N. "Member of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult entertainment establishment. O. "Sexual conduct" means acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. Any penetration of the vagina or anus, however slight, by an object; or 3. Any contact between persons involving the sex organs of one person and the mouth or anus or another; or 4. Masturbation, manual or instrumental, of oneself or of one person by another; or 5. Touch of the sex organs or anus, whether clothed or unclothed, of oneself or one person by another for the purpose of sexual qratification of the person touched, being touched or any third party. (Ord. 4887 § 3, 1996.) SECTION THREE. AMENDMENT TO CITY CODE. That Section 18.30.020 of the Auburn City Code (C-3 Heavy Commercial District) is amended to read as follows: 18.30.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in the C-3 district shall only be used for the following, unless otherwise provided for in this title: A. Arcades; B. Art, music and photography studios; C. Auction houses, excluding animals; D. Automobile parking facilities; E. Automobile repair services; F. Automobile sales, new and/or used; G. Automobile and truck rental; H. Automobile service stations; I. Automobile washes; ---------------------------- Ordinance No. 5835 April 1, 2004 Page 10 J. premises; K. Banking and related financial institutions; L. Bingo halls; M. Building contractor services, including storage yards; N. Bus passenger terminals; O. Caretaker apartments; P. Civic, social and fraternal associations; Q. Commercial recreation; R. Dancehalls; S. Daycare, including home based, mini daycare, daycare centers, preschool or nursery schools; T. Delicatessens; U. Dry cleaning and laundry services; V. Equipment rental and leasing, does not include heavy construction equipment; W. X. Y. Z. AA. BB. kennels; CC. Hotels; DD. Laundry, self-service; EE. Liquor store; FF. Lumber yards; GG. Manufactured/mobile home sales lots; HH. Massage parlor; II. Meeting rooms and/or reception facilities; JJ. Mini-storage warehouses; KK. Motels; LL. Motorcycle sales and service; MM. Newsstands; NN. News syndicate services; 00. Personal service shops; PP. Pharmacies; QQ. Printing and publishing; RR. Professional offices; SS. Radio and television broadcasting studios; TT. Recreational vehicle parks; UU. Recreational vehicle sales lots; W. Restaurants; WW. Retail stores and shops, including department and variety stores which offer for sale the following and similar related goods: Bakery and pastry shops, products made must be sold at retail on the Food locker services; Funeral homes; Grocery stores; Health and physical fitness clubs; Hobby shops; Hospitals, to include small animal, but does not allow outside runs or ---------------------------- Ordinance No. 5835 April 1, 2004 Page 11 1. Antiques, 2. Art supplies, 3. Automobile parts and accessories, 4. Baked goods, 5. Beverages, 6. Bicycles, 7. Books and magazines, 8. Candy, nuts and confectionery, 9. Clothing, 10. Computers, 11. Dairy products, 12. Dry goods, 13. Flowers and house plants, 14. Fruits and vegetables, 15. Furniture and home furnishings, 16. Garden and farm supplies, 17. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper, and related goods, 18. Home garden supplies, 19. Household appliances, 20. Household pets, 21. Housewares, 22. Jewelry and clocks, 23. Meat, fish, and poultry, preprocessed, 24. Notions, 25. Nursery and horticultural products, 26. Office supplies and equipment, 27. Photographic equipment, including finishing, 28. Radio, television, and stereos, 29. Shoes, 30. Sporting goods, 31. Stationery, 32. Toys; XX. Reupholstery and furniture repair; YY. Schools, including art, business, barber, beauty, dancing, driving, martial arts and music; ZZ. Secretarial services; AAA. Skating arenas; BBB. Storage warehousing, limited to being incidental to principal permitted use on property; CCC. Suntanning beds; DDD. Taverns; EEE. Theaters, including drive-in; FFF. Truck sales, with repair as a secondary use; ---------------------------- Ordinance No. 5835 April 1, 2004 Page 12 GGG. Other uses may be permitted by the planning director if the use is determined to be consistent with the intent of the zone and is of the same general character of the uses permitted in this section; HHH. Brew pubs. III Sexually Oriented Businesses as provided in Chapter 18.74 of the City Code. (Ord. 5383 § 1,2000; Ord. 4910 § 1, 1996; Ord. 4229 § 2,1987.) SECTION FOUR. AMENDMENT TO CITY CODE. That Section 18.30.030 of the Auburn City Code (C-3 Heavy Commercial District) is amended to read as follows: 18.30.030 Uses requiring conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Apartments; provided, that 1,200 square feet of lot area is provided for each dwelling unit; B. Government facilities, this excludes offices and related uses that are permitted outright; C. Miscellaneous light manufacturing including toys, jewelry, ceramic, musical instruments and similar products, apparel and other finished products made from fabrics, leather, and similar materials, manufacturing of professional, scientific, and controlling instruments such as photo and optical goods, watch and clock manufacturing, and similar products, with retail sales of products manufactured on the premises; D. Nursing homes; E. Semi-tractor and trailer sales; F. Utility substations; G. Heliports; H. Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under ACC 18.48.090i I. Adult uses. (Ord. 4910 § 1, 1996; Ord. 4590 § 5 (Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2,1987.) SECTION FIVE. AMENDMENT TO CITY CODE. That Section 18.32.020 of the Auburn City Code (M-1 Light Industrial District) is amended to read as follows: 18.32.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an M-1 district shall only be used for the following, unless otherwise provided for in this title: A. Building and construction contractor services; B. Caretaker quarters, not more than one per establishment; C. Cold storage plants; ---------------------------- Ordinance No. 5835 April 1, 2004 Page 13 D. Household movers and storage; E. Janitorial services; F. Job training and vocational rehabilitation; G. Manufacturing, assembling and packaging of articles, products and merchandise from previously prepared synthetic or natural materials, including but not limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay (pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass finishing), graphite, hair, horn, leather, paper, paraffin, plastics or resins, precious or semi-precious metals, or stones, putty, pumice, rubber (excluding tire manufacturing or recapping, assembling of a premanufactured tread is however permitted), shell, textiles, tobacco, wire, wood, wool, and yarn; H. Manufacturing, processing, blending and packaging of the following: 1. Dairy products and by-products such as milk, cream, cheese and butter, including the processing and bottling of fluid milk and cream, 2. Drugs, pharmaceuticals, toiletries, and cosmetics, 3. Food and kindred products limited to activities such as confectionery products, bakery products, and beverages bottling, 4. Soaps, detergents, and other household cleaners from previously prepared natural materials and not involving the use of liquid bleach, liquid chlorine, liquid ammonia, or caustics; I. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals; J. Manufacturing establishments engaged in electronic, automotive, aerospace, missile, airframe, or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engines, major components, and whole electronic or electrical devices, automobiles, aircraft, missiles, aerospace, or underwater vehicles, but specifically excluding explosive fuels and propellants; K. Manufacturing, processing, assembling and packaging of precision components and products, including precision shops for products such as radio and television equipment, business machine equipment, home appliances, scientific, optical, medical, dental, and drafting instruments, photographic and optical goods, phonograph records and other recording media, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character; L. Manufacturing, assembling, packaging and development of computer equipment and software, and related products; M. Outside storage limited to 10 percent of the floor area of the associated building provided the storage is supplemental to the permitted use, located to the rear of the property and does not abut on a street and is separated by another use such as a building or parking lot; N. Printing, publishing, and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, and film processing; ---------------------------- Ordinance No. 5835 April 1, 2004 Page 14 O. Professional offices related to an on-site permitted use or larger than 50,000 square feet of floor area; P. Research, development and testing of a permitted use; a. Restaurants and related eating establishments limited to serving a permitted use on the same site; R. Retail and wholesale trade of products manufactured, processed or assembled on-site; S. Warehousing and distribution facilities, to include wholesale trade not open to the general public. This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property; T. On-site daycare serving specified permitted uses; U. On-site recreational facilities serving specified permitted uses; V. Other similar uses and accessory uses and buildings appurtenant to a principal use which the planning director finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M-1 zone. W. Sexually Oriented Businesses as provided in Chapter 18.74 of the City Code. (Ord. 4910 § 1, 1996; Ord. 4294 § 1 (15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2,1987.) SECTION SIX. AMENDMENT TO CITY CODE. That Section 18.32.040 of the Auburn City Code (M-1 Light Industrial District) is amended to read as follows: 18.32.040 Uses requiring conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Automobile sales new and/or used to include passenger trucks and recreational vehicles; B. Automobile and truck rental; C. Commercial recreation, including animal race tracks; D. Heliports; E. Heavy equipment sales, limited to new equipment with used equipment being a secondary use; F. Government facilities; G. Motels; H. Outside storage or other outside uses that are supplemental to a permitted use, limited to 50 percent of the floor area of the associated building or is not located to the rear of the property or abuts a street; I. Radio and television transmitting towers; J. Shopping centers, must involve a minimum of 250,000 square feet of floor area; K. Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright; ---------------------------- Ordinance No. 5835 April 1, 2004 Page 15 L. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of floor area; M. Religious institutions, to be located in existing facilities only; N. Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under ACC 18.48.090; O. Adult uses; P. Secure community transition facilities meeting the standards established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 5690 § 1, 2002; Ord. 4910 § 1, 1996; Ord. 4590 § 6 (Exh. E), 1992; Ord. 4304 § 1 (17), 1988; Ord. 4229 § 2, 1987.) SECTION SEVEN. AMENDMENT TO CITY CODE. That Section 18.34.020 of the Auburn City Code (M-2 Heavy Industrial District) is amended to read as follows: 18.34.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an M-2 district shall only be used for the following, unless otherwise provided for in this title: A. Alcoholic beverage processing, distilling and fermenting; B. Basic wood processing including sawmills, planing mills, veneering and laminating of wood; C. Building movers; D. Caretakers quarters, not more than one per establishment; E. Commercial laundries; F. Cold storage plants; G. Contractor trade services including storage yards; H. Eating establishments limited to serving a permitted use on same site; I. Enameling, galvanizing and electroplating; J. Equipment repair and storage; K. Heavy equipment and truck repair; L. Household movers and storage; M. Janitorial services; N. Job training and vocational education; O. Lumber yards; P. Manufacturing, assembling and packaging of articles, products, or merchandise from previously prepared natural or synthetic materials, including but not limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay (pulverized only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass finishing), graphite, hair, horn, leather, paper, paraffin, plastic and resins, precious or semi-precious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire, wood, wool, and yarn; Q. Manufacturing establishments engaged in electronic, automotive, aerospace, missile, airframe, or related manufacturing and assembly activities, including precision machine shops producing parts, accessories, assemblies, systems, engine, major components, and whole electronic or electrical devices, automobiles, aircraft, ---------------------------- Ordinance No. 5835 April 1, 2004 Page 16 missiles, aerospace, or underwater vehicles, but specifically excluding explosive fuels and propellants; R. Manufacturing, processing, assembling and packaging of precision components and products, including precision machine shops for products such as radio and television equipment, business machine equipment, home appliances, scientific, optical, medical, dental, and drafting instruments, photographic and optical goods, phonographic records and prerecorded audio-visual tape, measurement and control devices, sound equipment and supplies, personal accessories, and products of similar character; S. Manufacturing, processing, treating, assembling and packaging of articles, products or merchandise from previously prepared ferrous, nonferrous or alloyed metals; T. Manufacturing, processing, blending and packaging of products such as the following: 1. Soaps, detergents and other basic cleaning and cleansing materials, 2. Mineral products such as abrasives, asbestos, chalk, pumice, etc., 3. Clay and cement products such as brick, tile, pipe, etc.; U. Manufacturing, processing, blending and packaging of the following: 1. Drugs, pharmaceuticals, toiletries, and cosmetics, 2. Food and kindred products, such as confectioners products, chocolate, cereal breakfast food, bakery products, paste products, fruits and vegetables, beverages, prepared food specialties (such as coffee, dehydrated and instant food, extracts, spices and dressings) and similar products, 3. Dairy products and by-products such as milk, cream, cheese and butter, including the processing and bottling of fluid milk, and cream and wholesale distribution; V. Manufacturing, assembling, packaging and development of computer equipment and software, and related products; W. Motor freight terminals and transportation; X. Outside storage yards; Y. Offices related to an on-site permitted use or larger than 50,000 square feet of floor area; Z. Printing, publishing, and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, and film processing; AA. Research, development and testing of a permitted use; BB. Retail and wholesale trade of products manufactured, processed or assembled on-site; CC. Warehousing and distribution facilities, to include wholesale trade not open to general public; DD. Other similar uses and accessory uses and buildings appurtenant to a principal use which the planning director finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M-2 zone; EE. On-site daycare serving a specified permitted use; FF. On-site recreational facilities serving a specified permitted use. ---------------------------- Ordinance No. 5835 April 1 ,2004 Page 17 GG Sexually Oriented Businesses as provided in Chapter 18.74 of the City Code. (Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4304 § 1 (20) - (23), 1988; Ord. 4229 § 2, 1987.) SECTION EIGHT. AMENDMENT TO CITY CODE. That Section 18.34.040 of the Auburn City Code (M-2 Heavy Industrial District) is amended to read as follows: 18.34.040 Uses requiring a conditional use permit. The following uses may be permitted in an M-2 district when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Animal auction houses; B. Automobile sales new and/or used to include passenger trucks and recreational vehicles; C. Automobile wrecking and salvage; D. Animal and food processing including the following: 1. Tanning and dressing of hides, 2. Rendering of animal or fish grease or tallow, 3. Animal slaughtering, 4. Curing, canning, freezing, and processing of meat and seafood, 5. Pickling and brine curing; E. Asphalt batch plants; F. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum, gas and similar products, unless clearly incidental and secondary to support a principally permitted use; G. Bulk storage of explosives and fireworks; H. Concrete mixing and batching plants, including ready-mix concrete facilities; I. Drive-in theaters; J. Government facilities; K. Heavy metal processing, including blast furnaces, drop forges, and similar heavy metal operations; L. Heliports; M. Manufacture of: 1. Ammunition and explosives, 2. Paving and roofing materials or other products from petroleum derivatives; N. Motels; O. Processing or pulping of wood or other fibers; P. Radio and television transmitting towers; Q. Rock crushing plants; R. Refining of materials such as petroleum, metals and ores, fats and oils; S. Salvage yards for the storage of metals, paper, glass, rags, building materials, and similar activities; T. Taverns; ---------------------------- Ordinance No. 5835 April 1 , 2004 Page 18 U. Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright; V. Warehouse sales, open to the public, must have a minimum of 50,000 square feet of floor space; W. Solid waste processing facility; X. Off-site hazardous waste treatment and storage facilities subject to compliance with the state siting criteria (Chapter 70.105 RCW); Y. Commercial recreation, including animal racetracks; Z. Adult uses; ^^' Secure community transition facilities meeting the standards established under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 5690 § 2, 2002; Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4294 § 4, 1988; Ord. 4262 § 2, 1988; Ord. 4229 § 2, 1987.) SECTION NINE. REPEAL OF SECTIONS OF CITY CODE. That Sections 18.04.022, 18.04.024, 18.04.027, 18.04.030, 18.04.032, 18.04.678, 18.04.830, 18.04.840 of the Auburn City Code are hereby repealed. 18.04.022 Adult book and video establishment. "Adult book and video establishment" means a commercial establishment that has 20 percent or more of the value of all its stock in trade, consisting of books, magazines, periodicals or other printed matter; and/or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined by ACC 18.04.830 and 18.04.840. (Ord. 4469 § 1,1990.) 18.04.024 Adult entertainment establishment. "Adult entertainment establishment" means any panoram or peepshow or business or commercial premises to 'Nhich any member of the public is invited or admitted and where a performer provides live adult entertainment to any member of the public. (Ord. 4885 § 2, 1996; Ord. 4469 § 1, 1990.) 18.04.027 Adult entertainment. "Adult entertainment" means: 1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portions of the female breast belO\.\' the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast belo'.\' the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid stage, even if completely and opaquely covered; or 2. Any exhibition, performance or dance of any type conducted in a premises 'Nhere such exhibition, performance or dance is distinguished or characterized by a ---------------------------- Ordinance No. 5835 April 1, 2004 Page 19 predominant emphasis on the depiction, description, simulation or relation to the follo'Ning specified sexual activities: a. Human genitals in a state of sexual stimulation or arousal, b. Acts of human masturbation, sexual intercourse or sodomy, or c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises ..'there such exhibition, performance or dance is performed for, arranged '.\lith, or engaged in with fewer than all patrons on the premises at that time, 'Nith separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing or straddle dancing. (Ord. 4885 § 1, 1996.) 18.04.030 Adult motion picture theater. ",^,dult motion picture theater" means an enclosed building or outdoor drive in theaters used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas," as defined in ACC 18.04.830 and 18.04.840 respectively, for observation by patrons therein. (Ord.1I469 § 1,1990; Ord. 4229 § 2,1987.) 18.011 .032 J\dult uses. "Adult uses" means any adult entertainment establishment, panoram or peepshow and adult motion picture theater as defined herein. (Ord. 4885 § 3, 1996; Ord. 4469 § 1, 1990.) 18.04.678 Panoram or peepsho'N. "Panoram or peepshow" shall mean any device which, upon the insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or other means, including observation of live performances depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in ACC 18.04.830 and 18.04.840. (Ord. 4885 § 4, 1996.) 18.04.830 Specified anatomical areas. "Specified anatomical areas" means: A. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 4229 § 2, 1987.) 18.04.840 Specified sexual activities. "Specified sexual acti'./ities" means: A. Human genitals in a state of sexual stimulation or arousal; ---------------------------- Ordinance No. 5835 April 1, 2004 Page 20 B. Acts of human masturbation, sexual intercourse or sodomy; C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 4229 § 2, 1987.) SECTION TEN. SEVERABILITY. If any portion of this Ordinance, or its application to any person or circumstances, is held invalid, the validity of the Ordinance as a whole, or any other portion thereof, and its application to other persons or circumstances, shall not be affected. SECTION ELEVEN. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. SECTION TWELVE. EFFECTIVE DATE. That this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. INTRODUCED: JUN - 7 2004 PASSED: JUN - 7 2004 APPROVED: JUN - 7 2004 ~(~ PETER B. LEWIS, MAYOR . ATTEST: ~élJad~ Danielle E. Daskam, City Clerk PUBLISHED: 0-//-o<j ---------------------------- Ordinance No. 5835 April 1, 2004 Page 21