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HomeMy WebLinkAbout03 0326 12 JEFFERSON COUNTY STATE OF WASHINGTON In The Matter of Enacting an Ordinance Regulating the Land Use Permitting and Siting of Sexually Oriented Adult Businesses } } } } Ordinance No03-o326~12 WHEREAS, the Board of County Commissioners (HoCC) has determined a need for land use and development regulations for sexually oriented businesses, hereby referred to as SOBs due to the fact that not all adult businesses are sexual in nature; and WHEREAS, the Planning Commission and DCD staff have concluded that SOBs, although afforded limited constitutional protection, often result in undesirable secondary effects, including criminal and other unlawful activities such as narcotics and liquor law violations, breaches of peace, and assaults and sexual contact between patrons and entertainers; and, WHEREAS, the BoCC may and did rely on the experiences and studies of other cities and counties in assessing the need for regulation relating to the placement of SOB's; and WHEREAS, it is not the intent of the County to unreasonably suppress any free speech activities protected by the First Amendment of the United States Constitution or Article 1, Section 5 of the Washington State Constitution, but to enact regulations which address the deleterious secondary effects of adult entertainment facilities; and, WHEREAS, On February 16, 2005, the Jefferson County Planning Commission llmmimously agreed to request the BoCC pass a moratorium prohibiting the issuance of permits and approvals pertaining to SOBs until the appropriate planning and regulations could be considered and adopted; and, 1 OrdWan~No.03-0326-12 WHEREAS, On March 14, 2005 the BoCC enacted such a moratorium, Ordinance No. 04-0314-05 (Exhibit A) and enacted additional moratoria, the last one expiring in April 2012, all enacted pursuant to RCW 36.70A.390; and, WHEREAS, On June 4, 2008 Jefferson County Department of Community Development (DCD) Long Range Planning Staff initiated Zoning Case ZON08- 00064, aka MLA08-00257 to process proposed amendments to the Unified Development Code (UDC) for the siting and performance standards related to regulating SOBs; and, WHEREAS, the Planning Commission subcommittee prepared a report dated June 18, 2008 and titled "Secondary Effects Study of Sexually Oriented Businesses" (Exhibit B) which constituted the Planning Commission's response to the BoCC's request to "undertake a study of the potential secondary effects of Sexually Oriented uses in the County and produce recommendations for amendments to the County Code for the suitable siting, land use and zoning standards and controls therefor"; and, WHEREAS, the County Planning Commission and DCD staff having reviewed the issue, the Planning Commission held a duly noticed public hearing on May 19, 2010, took public testimony, deliberated and made a formal Recommendation (Exhibit C) to the Board of County Commissioners (HoCC) dated June 2, 2010 to the effect that the Unified Development Code (UDC) be amended to revise sections of Jefferson County Code (JCC) 18.10, 18.15 and 18.18, add new section 18.20.345 regulating the permitting and siting of SOBs, and proposing a new Chapter 5.10 JCC to license SOBs; and, WHEREAS, DCD staff duly published notice of the proposed Type V (5) Land Use Application and Pending SEPA Determination MLA08-00257, to which no comments were received after close of the required fourteen (14) day comment period on July 7, 2010; and, WHEREAS, DCD staff forwarded the proposed UDC development regulations to the Department of Commerce on April 22, 2010 (Exhibit D) as required under JCC 18.45.090(5) (Exhibit E); and, WHEREAS, upon presentation of the Planning Commission recommendation of June 2, 2010 by DCD staff, the BoCC instructed staff to conduct further research into cost, administration and implementation of business licenses for SOBs under proposed Chapter 5.10; and, 2 Ordinance No. "03-'0326":12 WHEREAS, On November 17,2010, DCD staff returned to the Planning Commission to convey the BoCC's request for further research on the proposed licensing provisions under Chapter 5.10; and, WHEREAS, the Planning Commission deliberated the issue of licensing SOBs on February 2,2011 and voted to remove proposed Chapter 5.10 from their recommendation of June 2, 2010 and forward a revised recommendation dated February 2, 2011 (Exhibit F) to the BoCC absent proposed Chapter 5.10; and, WHEREAS, the Planning Commission withdrew its recommendation relating to the proposed Chapter 5.10 because licensing of any business, including an SOB, was and is outside of the normal purview of what a Planning Commission is established to accomplish, i.e., policy decisions and generation of regulations relating to land use issues; and WHEREAS, The BoCC having held a duly required and noticed public hearing on March 12, 2012 to hear testimony on licensing and siting of SOBs, deliberated and so moved to adopt both regulations under separate ordinance; and, WHEREAS, the BoCC heard testimony from about half a dozen citizens on March 12, 2012 and only one of the citizens testifYing criticized or commented upon the land use policy decisions reflected in the development regulations that will have the force oflaw when this Ordinance is adopted; and WHEREAS, DCD issued a Final SEPA Determination of Non-Significance on March 13,2012 (Exhibit G); and, WHEREAS, the BoCC finds that protection of the health, safety and welfare of the County's populace supports the establishment of land use regulations for permitting and siting SOBs paired with the regulation of SOBs through business licensing (to be accomplished by a separate Ordinance), thereby adopts the regulations and requirements made part of this Ordinance; and WHEREAS, these development regulations, if adopted, will authorize the siting of an SOB in several of the zoning districts of the County, NOW, THEREFORE BE IT ORDAINED, that the Board of County Commissioners ordains as follows: SECTION 1. Code Amendment. The Jefferson County Code is hereby amended to revise Chapters JCC 18.10, 18.15 and 18.18 and to include new section 18.20.345 as per attached Exhibit H. 3 Ordinance No.0;3-0326- t:L WHEREAS, On November 17, 2010, DCD staff returned to the Planning Commission to convey the BoCC's request for further research on the proposed licensing provisions under Chapter 5.10; and, WHEREAS, the Planning Commission deliberated the issue of licensing SOBs on February 2, 2011 and voted to remove proposed Chapter 5.10 from their recommendation of June 2, 2010 and forward a revised recommendation dated February 2, 2011 (Exhibit F) to the BoCC absent proposed Chapter 5.10; and, WHEREAS, the Planning Commission withdrew its recommendation relating to the proposed Chapter 5.10 because licensing of any business, including an SOB, was and is outside of the normal purview of what a Planning Commission is established to accomplish, Le., policy decisions and generation of regulations relating to land use issues; and WHEREAS, The BoCC having held a duly required and noticed public hearing on March 12, 2012 to hear testimony on licensing and siting of SOBs, deliberated and so moved to adopt both regulations under separate ordinance; and, WHEREAS, the BoCC heard testimony from about half a dozen citizens on March 12, 2012 and only one of the citizens testifying criticized or commented upon the land use policy decisions reflected in the development regulations that will have the force of law when this Ordinance is adopted; and WHEREAS, DCD issued a Final SEPA Determination of Non-Significance on March 13,2012 (Exhibit G); and, WHEREAS, the BoCC fmds that protection of the health, safety and welfare of the County's populace supports the establishment of land use regulations for permitting and siting SOBs paired with the regulation of SOBs through business licensing (to be accomplished by a separate Ordinance), thereby adopts the regulations and requirements made part of this Ordinance; and WHEREAS, these development regulations, if adopted, will authorize the siting of an SOB in several of the zoning districts of the County, NOW, THEREFORE BE IT ORDAINED, that the Board of County Commissioners ordains as follows: SECTION 1. Code Amendment. The Jefferson County Code is hereby amended to revise Chapters JCC 18.10, 18.15 and 18.18 and to include new section 18.20.345 as per attached Exhibit H. 3 Ordinance No.Q3.-Q326-12 ~ SECTION 2. Severability. If any pr~VlSlOn of this ordinance or its application to any person or circumstance. is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances shall not be affected. SECTION 3. Effective Date. This ordinance shall take effect immediately after passage. APPROVED AND SIGNED nns:1.lbAY OF j.I/c{ yck!" . 2012. ATIEST T JEFFERSON COUNTY BOARD OF COMMISSIONERS ~h Jo . Austin, Chair . iP!I~, Lrtl~~ David Sullivan, Member . . ~t1Qlali BriBL1:Ul.~!A, ~ Clerk of the Board Approved as to form 'J)~ David Alvarez, Chief C:v. DP A ~lq}ZaJL ~1TS Exhibit A: Exhibit B: Ordinance No. 04-0314-05 plAnning Commission subcommittee report dated June 18, 2008 and titled "Secondary Effects Study of Sexually Oriented Businesses" Planning Commission Recommendation dated June 2, 2010 Department of Commerce letter dated April 21, 2010 ICC 18.45.090 Exhibit C: Exhibit D: Exhibit E: 4 OrdInance No. Q3-0326-12 Exhibit F: Exhibit G: Exhibit H: Planning Commission Recommendation dated February 2, 2011 (cover letter only) Final SEP A Determination on Non-Significance Amendments to Jefferson County Code, including amendments to Chapters 18.10, 18.15, 18.18 and a new JCC ~18.20.345 5 Ordinance N003-0326-12 EXHIBIT A JEFFERSON COUNTY STATE OF WASHINGTON In The Matter of Enacting a Momtorium against the Issoance OfPermi1s or Approvals Pertaining To Adult Businesses } } } } OrdinanCe No. 04-0314-05 WHEREAS, the County has determined to develop land use and development regulations for adult businesses; and WHEREAS, the County Ibliuh"" time to consider pIoperly and carefully the potential location and regulation of adult businesses; and WHEREAS, based on a widenmge of testimony and documents presented to other counties and cities by law enforcement officers and the public, County staffhas concluded that adult businesses, although afforded limited constitutional protection, often result in undesirable secondary effects, including criminal and other unlawful activities such as narcotics and liquor law violations, breaches of peace, and assaults and sexual contact between patrons and entertainers; and WHEREAS, the conclusions of the County staff dovetail with and support the general collective knowledge of the three elected members of the County Commission, also known as the BoCC, relating to adult businesses; and WHEREAS, the BoCC finds that the County's land use planning process will suffer significant harm unless applications for permits and approvals for adult businesses are prohIbited until the planning process is completed; and WHEREAS, the BoCC finds that protection of the health. safety and welfare of the County's populace suppodll establishment of a momtorium on applications for permits and approvals for adult businesses, thereby creating an emergency in this County as referenced in the Planning Enabling Act at RCW 36.70.790; and 1 WHEREAS, RCW 36.70A.390, a section of the Growth Management Act (Ch. 36.70A RCW), authorizes a County to adopt a moratorium on development permits and approvals for adult businesses and thereafter to hold a public hearing on the moratorium within 60 days of the commencement of the moratorium; NOW, TIlERBFORE BE IT RESOLVED, that the Boaro of County Commimrioners ordains as follows: SECTION 1. Moratorium Established. A moratorium is imposed upon the :filing with the County any applications for permits or approvalS for "adult businesses." "Adult businesses" are defined for the purposes of this ordinance in Exln"bit A, attached hereto and incorporated by reference. SECTION 2. Severability. If any provision of this orrlhllmce or its application to any person or circumstsnce is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstsnces is . not affected. SECTION 3. This ordinance shall take effect immediately after passage. APPROVED AND SIGNED nus 14th DAY OF MARCH. 2005. SEAL J.til'l'tiKSON COUNTY BOARD OF CO SIONERS Chair 4{(PL David S' Member -- ~~ L. laney ) Clerk of the Board ~ /~\i?/l2 Patrick M. Rodgers, Member ~Ved as to Form: ~. ~__ ~1"J O? David Alvarez Deputy Prosecuting Attorney 2 EXHIBIT A (a) "Adult businesses" means any establishment or premises which has as a substantial or significant portion of its trade, the display, barter, rental or sale of any adult entertainment medium, or which meets the definitions of" Adult Retail Establishment" , "Adult Theatre" or "Adult Entertainment Establishment". (b) "Adult retail establishment" means any premises in which twenty-five percent or more of the retail 'space open to patrons consists of merchandise distinguished or characterized by the depiction, description, simulation or relation to "specified sexual activities" or "specified anatomical areas" as those terms are defined below. Merchandise forthe pmposes of this definition may include but is not limited to books, video, photographs, devices, magazines, posters or other mediums utilized to sell or display material. (c) "Adult Theatre" means any place of public assembly at which motion picture, slides, videos, films or any other method ofvisual media are presented which are characterized by depicting, descnDing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, for observation by patron therein. This shall not include movies that have been rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America. (d) "Adult Entertainment Establishment" means any business or establishment which displays any performance, display, dance or any other medium which the public, patrons, or members are invited or admitted where such entertainment involves a person ..ppellling orperforming who: i) Is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, vulva or (without regard to gender) any portion of the pubic region, anus or genitals; or it') Touches, caresses or fondles the breasts, buttocks, anus, genitals or pubic region of themselves, a patron, another employee, or anyone else, with the intent to sexually arouse or excite. (e) "Specified anatomical areas" means any of the following: i) less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately about the top of the areola; ii) Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (f) "Specified sexual activities" means any of the following: i) Human genitals in a state of sexual stimulation or arousal; or ii) Acts of human masturbation, sexual intercourse, sodomy or bestiality; or iii) Fondling or other erotic touching of human genitals, pubic region, human anus, or female breast. . 3 EXHIBIT B June 18,2008 SECONDARY EFFECTS STUDY OF SEXUALLY ORIENTED BUSINESSES JEFFERSON COUNTY Prepared by the Jefferson County Planning Commission The Jefferson County Board of County Commissioners (BOCC) has asked the Planning Commission to develop some proposed amendments to the zoning ordinance relating to Sexually Oriented uses. The BOCC has specifically asked that the Planning Commission "undertake a study of the potential secondary effects of Sexually Oriented uses in the County and produce recommendations for amendments to the County Code for the suitable siting, land use and zoning standards and controls therefor". In this report the Planning Commission will summarize the following: o Legal basis for regulating Sexually Oriented businesses o Review of the secondary impacts studies conducted in other communities. o Survey of existing regulations and conditions in Jefferson County o Rnding and recommendations. LEGAL BASIS FOR REGULATING SEXUALLY ORIENTED BUSINESSES The Planning Commission has reviewed the legal basis for regulation of sexually oriented businesses, and has concluded: I. Although the County May Regulate "Adult uses' Pursuant to its Police Power, It May Not Flatly Prohibit Such Uses. A. Both the 1st Amendment of U.S. Constitution and Article 1, Section 7 of Washington State Constitution provides for the protection of every citizen's right to the freedom of speech and expression. B. Counties are therefore not permitted to enact local regulations that totally suppress the freedom of expression associated with adult use activities, and such uses must be allowed within any and all counties. u_ 1JPage EXHIBIT B C. It should be noted. however. that constitutional protections do not cover activities or material deemed to be obscene. and these materials and activities may be banned altogether by counties. D. Adult entertainment use can range from bookstores and/or video stores carrying a significant number of sexually-oriented materials. to modeling studios, message parlors and strip clubs. Many of the most common adult entertainment activities, such as adult book and video and nude dancing establishments, while sexually explicit are not considered obscene, and are protected by the First Amendment. II. Permitted Regulations of Adult Use Is to Mitigated .Secondary Impacts" of Adult Use Establishments. A. In City of Renton v Playtime Theaters, 475 US 41, 89 LEd 2d 29, 106 S Ct 925 (1986), the U. S. Supreme Court established a four-part test to determine when zoning regulations for adult businesses do not violate the First Amendment 1. Whether the predominant purpose of the zoning is to suppress the sexually explicit speech itself, or rather, to eliminate the "secondary effects" of adult uses; 2. Whether the zoning regulation furthers a substantial governmental interest; 3. Whether the zoning regulation is "narrowly tailored" to affect only those uses which produced the unwanted secondary effects; and 4. Whether the zoning regulations leave open reasonable alternative locations for adult uses - In the New York case of the Town of lslip v Caviglia, 73 N.Y.2d 544 (1989), the court upheld Islip's regulations allowing adult uses only in an area zoned for industrial use, which the court found provided ample space for the development of such uses. B. Hence, the federal and state constitutions protect the content of adult entertainment activity. 1. Police power justifying zoning regulations cannot be aimed at suppressing or limiting the content of the use. 2. "When local regulations impinge on an adult business's freedom of expression, they lose the presumption of constitutionality that normally applies to zoning regulations, and the burden shifts to local government to justify its restrictions." New York State Department of State Counsel's Office, Opinions of Counsel: Municipal Regulation of Adult uses After the StringfeJ/ows Decision. 3. County regulations cannot focus on regulating adult uses because of what those uses contain, whether it be sexually explicit printed material, videos, or nude dancing. C. Counties, however, are allowed to regulate adult uses in a manner that seeks to mitigate the potential secondary impacts (increase in crime, drug use, lowering of property values, etc.) often associated with adult entertainment uses. 2lPage EXHIBIT B 1. In the case of stringfellows of New York, Ltd., v City of New York, the New York State Court of Appeals developed a test for determining the validity of zoning regulations under Article I, Section 8 of the New York State Constitution, which includes: a. The zoning regulation must be justified by concerns unrelated to speech; i.e. secondary impacts; b. It must be "no broader than necessary" to achieve its purpose: i. The adult use law should (i) be coherent regulatory scheme narrowly designed to attack the problems associated with adult establishments; (Ii) set forth explicit standards for those who apply them to preclude arbitrary and discriminatory application; (iii) affect only the category of uses that produce the unwanted negative effects; and c. The zoning regulation must provide alternative locations for adult use businesses. i. By preventing adult businesses from locating in residential districts while allowing such establishments to locate in manufacturing and commercial districts, the Stringfellows court found the amendment protects only those communities and community institutions that are most vulnerable to their adverse impacts. ii. Counties may constitutionally bar adult establishments from, or within, a specified distance of residentially-zoned areas and facilities in which families and children congregate, and may be prohibit adult businesses from operating within a specified distance of one another to avoid the undesirable impacts associated with concentration of such uses. III. Necessity of Planning Study to Evaluate Secondary Impacts: A. To justify zoning regulations for adult businesses, Counties must show that the regulations are not directed at the content of the use, but at the elimination of the negative secondary impacts resulting from that use. These are often demonstrated through secondary effects (or impacts) studies. Based on potential impacts identified in the study, a County can then recommend land use controls to regulate these types of uses. B. Prior to adopting adult entertainment regulations, a County government must therefore demonstrate that it has conducted or relied upon planning studies illustrating the need to protect certain areas of the County from the negative secondary impacts associated with adult businesses. C. In Renton v Playtime Theaters, the Court stated "that the city did not have to produce its own studies...but must reasonably believe (on the record) that the studies were relevant to its concerns." 3lPage EXHIBIT B D. While secondary effect studies can take various forms, there are certain elements that should be included in any study. The Secondary Effects study of Adult Entertainment Uses from the Village of Scotia (funded by the New York Planning Federation, and released in September, 1999), can be used as a model for how communities prepare these studies and their format. 1. For its study, the Village of Scotia reviewed studies from Austin and EI Paso, Texas; Newport News, Virginia; Garden Grove, California; Islip and the City of New Rochelle, New York; and Indianapolis, Indiana. 2. Research methods included a. comparison of areas that contained adult uses with areas that did not (control areas), b. survey of professionals and residents, c. and gathering statistical data. 3. Secondary effects studied included crime rates, impacts on real estate, traffic, noise and general neighborhood appearance. E. Based on the review of these studies, the Village of Scotia concluded that all supported the existence of a number of negative secondary effects of adult entertainment uses, such as an increase in crime rates, decline in property values, and a general deterioration, both in reality and perception, of the neighborhoods in which these uses are located. Scotia also found that the studies were relevant to the Village since the studies did not focus on the community as a whole, but on much smaller areas. In addition, the impacts of adult uses on the study area were found to be independent of the size of the municipality. F. The Village of Scotia findings that were especially applicable to them included: 1. The smaller the commercial district, the larger the impact because the "negative halo" will affect a larger proportion of the municipality's business than it would in a larger city; 2. Because of the small size of commercial districts the probability of substantial impacts of sexually oriented businesses upon residential areas increases, and; 3. Smaller places are more likely to have fewer days and hours of commercial activity than larger cities. This increases the likelihood than an adult business will have a larger impact on the area in which it is situated during off-hours for other business increases. IV. Regulation Recommendation and Local Law: A. The next step after establishing the potential secondary impacts which adult entertainment uses may have on a community, is to identify how best to regulate these uses to minimize the negative impacts on residents and businesses within the municipality. B. Before choosing a regulatory method, the Village of Scotia, 41Page EXHIBIT B 1. Reviewed current zoning: The Village identified which zoning districts would currently allow adult entertainment businesses to locate as a permitted use, siting some of the undefined permitted uses within the Village zoning that an adult entertainment establishment may argue are appropriate classifications for their use. These included, but were not limited to, retail stores and shops, restaurants, theaters, membership clubs, drinking establishments and personal services stores. 2. Identified land uses sensitive to potential negative impacts: The Village identified sensitive areas "as possessing characteristics that are essential to the Village's character, quality of life, and economic success" These areas include residential neighborhoods, the central business district, places of worship, schools, childcare facilities, recreation areas, parks and playgrounds, and cMc and cultural facilities. 3. Reviewed legal considerations and regulatory options: An overview of legal considerations and regulatory options was presented to outline major court decisions that impact local regulation of adult entertainment uses. Regulatory methods of licensing, concentration (which concentrates adult uses within a specific zone), dispersion (which seeks to prevent the concentration of adult uses), and the hybrid method (which concentrates adult uses within a certain zone and additionally restricts adult uses from locating within a certain distance of identified sensitive areas) were presented as options available./d. at 14-16. C. Based on the above analysis, the Village of Scotia decided to adopt a local law regulating adult entertainment uses for the purpose of mitigating the negative secondary impacts potentially caused by such uses. Adult entertainment uses are permitted only in industrial zones within the Village and further restricted from being within a minimum of 500 feet from identified sensitive areas. A minimum separation of 500 feet between adult uses is included, as are signage restrictions. . V. Summary: When faced with reguiating adult entertainment uses, Counties should remember the following: A. Identify the issues - what causes concern? Adult entertainment uses are often controversial and the issue or issues a municipality is most concerned with should be clearly identified and stated, ideally first addressed in a County comprehensive plan. As with any issue, communities should specifically identify what causes concern. B. Identify possible solutions/tools as County options - While County police power is limited in terms of prohibiting adult entertainment uses, Counties do have control over where these uses can be iocated to mitigate possible negative secondary impacts. C. Conduct a Secondary Study - A secondary study is required before drafting any adult use regulations. While there is no required format for secondary studies, Counties should include secondary impacts, current regulations/zoning, sensitive land uses and legal and regulatory options. D. Draft and implement regulations - Based on the secondary study and County options for regulation, draft and implement regulations that best suit the character of your municipality and best address County concerns. - 5lPage EXHIBIT B E. Involve the public - Involving the public throughout the planning and regulatory process helps build a constituency regarding the issues of concern for the community. When dealing with a potentially controversial issue, involving the public can also help educate the community on all aspects of the issue. REVIEW OF SECONDARY IMPACTS STUDIES CONDUCTED IN OTHER COMMUNITIES Since Jefferson County does not have any existing Sexually Oriented businesses, the Planning Commission could not undertake it's own study of the potential negative secondary impacts that Sexually Oriented use might have. Therefore, the Planning Commission relied on existing studies of secondary impacts of adult oriented businesses that were conducted in other communities: The Planning Commission reviewed the following original studies: 1. "Secondary Effects Analysis of Adult Oriented Businesses in the Town of WiIlon, New York (1998) 2. "Secondary Effects Study of Adult Entertainment Uses' Village of Scotia, New York (1999) The Village of Scotia report provided a detailed summary of similar studies that had been undertaken in the following communities: 1. Austin, Texas 2. EI Paso, Texas 3. Newport News, Virginia 4. Garden Grove, California 5. Islip, New York 6. Indianapolis, Indiana: and 7. Rochester, New York. The review of the analysis of studies undertaken in other communities, the Planning Commission made the following conclusions: 1. Crime rates are higher in areas of Sexually Oriented uses. 2. Sex crimes are higher in areas near Sexually Oriented uses. 3. Residential property values are decreased when in close proximity to Sexually Oriented uses. ------- 6JPage EXHIBIT B 4. Physical blight near Sexually Oriented uses. 5. Near Sexually Oriented uses residential properties are not well maintained, financial institutions are more hesitant to invest, etc. 6. Most patrons of Sexually Oriented Businesses do not live within one-mile of site. SURVEY OF EXISTING REGULATIONS AND CONDITIONS IN JEFFERSON COUNTY Identification and analvsis of existina reaulations and existina zonina. Currently Jefferson County has no regulations covering sexually oriented businesses or Sexually Oriented Entertainment establishments. "Retail sales and services' use is permitted in Rural Village Center, General Crossroads, and MPR Village Commercial Center and is a Discrectionary use in Convenience Crossroads and NeighborhoodlVisitor zoning districts. "Drinking establishmenf use is permitted in Rural Village Center, NeighborhoodlVisitor Crossroad and General Crossroad zoning districts. "Eating establishmenf use is permitted in Rural Village Center, Neighborhood/Visitor Crossroad, General Crossroad, Convenience Crossroad, and MPR Village Commercial Center and is a Conditional use in Light Industrial/Commercial zoning districts. "Convenience and video stores' use is permitted in Rural Village Center, NeighborhoodlVisitor Crossroad, General Crossroad, Convenience Crossroad, and MPR Village Commercial Center zoning districts. "Indoor entertainment or recreational facility" is permitted in Rural Village Center, NeighborhoodlVisitor Crossroad, and General Crossroad zoning districts. "Unnamed commercial uses' is a Discretionary use in in Rural Village Center, Neighborhood/Visitor Crossroad. General Crossroad, Convenience Crossroad, and Light Industrial/Commercial zoning districts. The existing commercially owned lands where Sexually Oriented uses might be permitted under the current zoning regulations are: o Rural Village Center o Convenience Crossroad o General Crossroad o Light Industrial (Glen Cove) o Irondale Port Hadlock UGA - 7lPage EXHIBIT B Reading various court cases leads the Planning Commission to conclude that a 1,000 foot separation between Sexually Oriented uses and "sensitive sites" would probably be considered by most courts as reasonable so long as some potential development sites are available. Identification of sensitive uses and sites. The Planning Commission identified the following sensitive sites: o SchoollDay Care (publlc, private or parochial) o Ubraries o Off road pUblic bike path o Public indoor recreational facility o Hospitals o Park or playground o Place of worship (church, convent, monastery, synagogue) o Community Centers o Senior Citizen Center o Cemeteries o Residential neighborhoods o Master Planned Resorts The Planning Commission also identified the planning efforts that might be adversely impacted by Sexually Oriented uses. Jefferson County Comprehensive Plan Parks, Recreation, and Open Space Comprehensive Plan Urban Growth Area Plans Reoulatory approaches for Jefferson Countv: The Planning Commission examined the following three different regulatory approaches: 1. Concentration Method: Under this method Sexually Oriented uses would be concentrated within a speCific zoning district or geographic area. The concept would be similar to what the 8JPage EXHIBIT B City of Boston once did by creating a .combat zorie. where the Sexually Oriented uses were concentrated. 2. Dispersion Method: Under this method the Sexually Oriented uses would be dispersed throughout the County to prevent concentration. The dispersion Is generally accomplished by requiring separation distances between sexually oriented businesses and between .sensitive uses" such as residences, parks, schools, places of worship, etc. 3. Hybrid Method: Under this approach a variation of the concentrated model is use used, but separation distances are also established The Planning Commission felt that the hybrid method would be the most applicable to conditions of the County. Aocroaches used bv other communities: The Planning Commission reviewed the following summary of the Sexually Oriented use regulations in Port Townsend: Town ofWitlon; Prohibited adult uses if located: Within 1,000 feet of any church, school, park, ete. Within 500 feet of another adult use. Permits adult uses In the C-3 CommerciaVUght Industrial District upon the issuance of a special use permit. Town of Haffmoon: Prohibited adult uses if located: Within 1,000 feet of any residential property, church, park, cemetery, etc Within 1,500 feet of any school. Within 2,500 feet of any place where alcoholic beverages are sold. Town of Moreau: Permits adult uses in a M1A District upon the issuance of a special use permit. Prohibited adults uses if located: Within 500 feet of a residential use. 9!Page EXHIBITB Within 2,500 feet of any church, school, park, etc. Within 1,000 feet of another adult use. Possible locations for adult uses within the County: During the public review process the public or the Planning Commission identified the following areas and evaluated them for the possible siting of Sexually Oriented uses within the County: Possible sites that could be considered under the "hybrid method": Glen Cove Industrial - Could require no Sexually Oriented use be within 500 feet of a residence or within 1,500 feet of school or playground. Quilcene Industrial Area Could require no Sexually Oriented use be within 500 feet of a residence. lrondale/Hadlock Could require no Sexually Oriented uses be within 250 feet of a residence. Brinnon and Quilcene Rural Village Centers: Would have access from HWY 101. Could require no Sexually Oriented use within 500 feet of a residence or within 1,500 feet of a recreation area. RECOMMENDATIONS AND FINDINGS FOR ORDINANCE CHANGES: The Planning Commission makes the following recommendations to the BOCC: 1. It is a constitutional requirement for the County to prOvide for sexually oriented businesses (SOB) somewhere within the community. o County can't flatly prohibit all SOB uses. o County can regulate SOB uses to mitigate secondary impacts. IOjPagc EXBIBIT B o County is required to undertake a planning analysis to evaluate secondary impacts. 2. There are no existing regulations for controlling sexually oriented businesses (SOB) and appropriate ones should be adopted to prevent harmful secondary effects that have been shown to result from unregulated growth in SOBs. 3. The County should adopt a new ordinance to regulate personnel and operation of SOBs. 4. The County should adopt a new zoning ordinance to regulate where SOBs may be located. 5. The Planning Commission recommends the following new ordinances to the BOCC: a. Add the following section to title 5. Chapter 5.10 LICENSING AND OPERATION OF SEXUALLY ORIENTED BUSINESS FACILITIES Sections: Article I. Generally 5.10.010 Purpose. 5.10.020 Scope. 5.10.030 Definitions. 5.10.040 Penalties. 5.10.050 Nuisance. 5.10.060 Activities not prohibited. Article II. Licensing Requirements 5.10.070 License required. 5.10.075 Fees. 5.10.080 Application for Sexually Oriented business license. 5.10.090 Application for manager's or entertainer's license. 5.10.100 Initial investigation. 5.10.110 Issuance and denial of licenses. 5.10.120 Renewal of licenses. 5.10.130 Nontransferability of licenses. 5.10.140 Suspension and revocation of licenses. 5.10.150 Appeal of denial, suspension, or revocation of license. 5.10.160 Inspections and public health and safety suspensions. 5.10.170 Recordkeeping requirements and monthly reports. 5.10.180 License requirement for existing Sexually Oriented Business facilities. Article III. Operational Requirements 5.10.190 Regulations applicable to all Sexually Oriented Business facilities. - I1IPage EXHIBITB 5.10.200 Regulations specifically applicable to Sexually Oriented cabarets. 5.10.210 Regulations specifically applicable to Sexually Oriented Arcades. Article I. Generally 5.10.010 Purpose. It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown, however, that Sexually Oriented Business facilities, as defined herein, are detrimental to the public health, safety and welfare. Sexually Oriented Business facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activity. These activities often lead to the development of public nuisances, including moral nuisances. Therefore, the licensing and operation of Sexually Oriented Business facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter. (Ordinance TBD). 5.10.020 Scope. This chapter govems the licensing and operation of all Sexually Oriented Business facilities within the County. The location and siting of Sexually Oriented Business facilities is govemed by the zoning regulations contained in JCC Title 18. All Sexually Oriented Business facilities shall satisfy the requirements of this chapter and Title 18. (Ordinance TBD). 5.10.030 Definitions. For the purposes of this chapter, certain terms and words are defined as follows: A. "Sexually Oriented Arcade" means a commercial establishment containing individual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image- producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. B. "Sexually Oriented Business license" means a license issued by the Clerk of the Board under this chapter to the owner or operator of a Sexually Oriented Business facility. C. "Sexually Oriented Cabaret" means a nightclub, bar, restaurant, tavem, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features: 1. Persons who appear nude or semi-nude; or 2. Live performances which are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified anatomical areas or any specified sexual activities. D. "Sexually Oriented Business" means: 1. Any exhibition, performance or dance conducted in an Sexually Oriented Business facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or 12 I P age EXHIBIT B 2. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a Sexually Oriented Business facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the Sexually Oriented Business facility 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, lap dancing, private dancing or straddle dancing. E. .Sexually Oriented Business facility" means a commercial establishment defined herein as a Sexually Oriented Arcade, Sexually Oriented cabaret, Sexually Oriented motion picture theater, Sexually Oriented retail store, or other establishment where Sexually Oriented Business is offered, including but not limited to private membership clubs. F. .Sexually Oriented motion picture theater" means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual media are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. G. .Sexually Oriented Retail Store" means an enclosed building, or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan, trade, transfer or viewing of such sexually oriented materials is clearly material to the economic viability of the business. It is rebuttably presumed that such sexually oriented materials are clearly material to the viability of the business if sexually oriented materials accounts for: 1. Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period; 2. Twenty-fIVe percent or more of the floor area of the store open to the public; 3. Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store; 4. Twenty-five percent or more of the store's inventory (whether measured by retail dollar value or number of items); or 5. Twenty-five percent or more of the store's stock in trade. In no event shall a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be considered a sexually oriented retail store. H. . Applicant" means a person or persons applying for a license under this chapter. I. .County" means Jefferson County, Washington. J. .Clerk of the Board" means Jefferson County, Washington, Clerk of the Board, staff member, or designee assigned to carry out a particular Clerk of the Board assignment or job function, as appropriate. K. .Employee" means any person, including a manager, entertainer, or nude model, who works in or renders any services directly related to the operation of any Sexually Oriented Business facility, whether or not such person is paid compensation by the owner or operator of the Sexually Oriented Business facility. 13JPage EXHIBIT B L. "Entertainer" means any person who provides live entertainment in a Sexually Oriented Business facility during which the person exposes any specified anatomical areas or performs any specified sexual actMties, whether or not the person is an employee of the Sexually Oriented Business facility and whether or not a fee is charged or accepted for such entertainment. M. "Entertainer's license" means a license issued by the Clerk of the Board under this chapter to an entertainer, or nude or semi-nude model. N. "Escort" means a person employed by an escort agency, and who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. O. "Escort agency" means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose for a fee, tip, or other consideration. The term "escort agency" shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm. P. "Licensee" means a person or persons in whose name a license to operate a Sexually Oriented Business facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license, and in the case of a manager, entertainer, or nude or semi-nude model, a person in whose name a license has been issued authorizing employment or entertainment in a sexually Oriented Business facility. Q. "Manager" means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within Sexually Oriented Business facility, including assistant managers working with or under the direction of a manager to carry out such purposes. R. "Manager's license" means a license issued by the Clerk of the Board under this chapter to a manager or assistant manager of a Sexually Oriented Business facility. S. "Nude" means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering. T. "Nude or semi-nude model" means a person who, for any form of consideration, agrees or offers to appear nude or semi-nude in a nude or semi-nude model studio. U. "Nude or semi-nude model studio" means any place where a person appears nude or semi-nude for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person. The following uses are exceptions to the definition of a "nude or semi-nude model studio": 1. A proprietary school licensed by the state of Washington; 2. A junior college, college, or university supported partly or entirely by public funds; 3. A private college or university that maintains and operates educational programs in which credits are transferable to a junior college, college, or university supported partly or entirely by public funds; and 4. A place housed in a structure (a) that has no advertising visible from the exterior of the structure that indicates a nude or semi-nude model is available for viewing; and (b) 14JPage EXHIBIT B where, in order to participate in a class, a student must enroll at least three days in advance of the class. v. "Other Sexually Oriented Business facility" means any commercial establishment not defined herein where Sexually Oriented Business or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a pUblic library, and a school, university, or similar educational or scientific facility shall not be considered a Sexually Oriented Business facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered a Sexually Oriented Business facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. W. "OWner or operator" means any person who owns, operates, or has a significant interest in a Sexually Oriented Business facility, with significant Interest being based on responsibility for management of the business. Where a Sexually Oriented Business facility is owned or operated by a partnership, then each partner shall be deemed an owner or operator of the business. Where a Sexually Oriented Business facility is owned or operated by a corporation, including a limited liability organization, then each officer, director and principal stockholder shall be deemed an owner or operator of the business. For the purposes of this chapter, a principal stockholder is a person who owns or controls 20 percent or greater interest in a Sexually Oriented Business facility. X. "Person" means an individual, association, corporation, estate, firm, joint venture, partnership, proprietorship, trust, or other legal entity. Y. "Semi-nude" means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Z. "Sexually oriented materials" means any books, magazines, periOdicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations, that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term "sexually oriented materials" includes any instruments, devices, or paraphemalia designed for use In connection with any specified sexual activities. AA. "Specified anatomical areas" means and includes any of the following: 1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or 2. The human male genitals in a discemlbly turgid state, even if completely and opaquely covered. BB. "Specified criminal offense" means an offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which: 1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or 151 Page EXHIBIT B 2. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or 3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a 24 month period. CC. "Specified sexual activities" means and includes any of the follOwing: 1. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 4. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition; 5. Violent or destructive sexual behavior, including but not limited to human or animal mutilation, dismemberment, rape or torture. (Ordinance TBD). 5.10.040 Penalties. A. Criminal Penalty. In addition to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or by a jail term of not more than 90 days, or by both such fine and imprisonment. B. Separate Offense. Any person who violates any provision of this chapter or failing to comply with any of the mandatory requirements of this chapter is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued, or permitted by any such person. (Ordinance TBD). 5.10.050 Nuisance. A. Public Nuisance. Any Sexually Oriented Business facility operated, conducted, or maintained in violation of this chapter or any law of Jefferson County shall be deemed a public nuisance, and all remedies given by law for the prevention and abatement of public nuisances shall apply regardless of any other remedy. B. Moral Nuisance. Any Sexually Oriented Business facility operated, conducted, or maintained contrary to the provisions of Chapter 7.48A RCW shall be deemed a moral nuisance, and all remedies given bylaw for the prevention and abatement of moral nuisances shall apply in addition to any other remedy. (Ordinance TBD). 5.10.060 Activities not prohibited. A. This chapter shall not be construed to restrict or prohibit the follOwing activities or products: (1) plays, operas, musicals or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose and that are not obscene; and (3) exhibitions, performances, expressions or dances that are not obscene. B. The provisions of this chapter are not intended to and do not prohibit the simulation of sex acts which are part of nonobscene expression. 16JPage EXHIBIT B C. Whether or not activity is obscene shall be judged by consideration of the following factors: 1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to the prurient interest in sex; and 2. Whether the activity depicts or describes sexual conduct in a patently offensive way, as measured against community standards, and as described in RCW 7.48A.010; and 3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ordinance TBD). Article II. Ucensing Requirements 5.10.070 License required. A. It is unlawful for any person to operate a Sexually Oriented Business facility unless that person is the holder of a valid Sexually Oriented business premises license issued by the Clerk of the Board under this chapter. B. It is unlawful for any person to work as a manager in a Sexually Oriented Business facility unless that person is the holder of a valid manager's license issued by the Clerk of the Board under this chapter. C. It is unlawful for any person to work or perform as an entertainer in a Sexually Oriented Business facility unless that person is the holder of a valid entertainer's license issued by the Clerk of the Board under this chapter. D. It is unlawful for any person to work or perform as an entertainer unless that person is the holder of a valid entertainer's license issued by the Clerk of the Board under this chapter. E. It is unlawful for any person to work or perform as a nude or semi-nude model in a Sexually Oriented Business facility unless that person Is the holder of a valid entertainer's license issued by the Clerk of the Board under this chapter. F. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work as a manager at the Sexually Oriented Business facility unless that person is licensed as a manager under this chapter. G. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as an entertainer at the Sexually Oriented Business facility unless that person is licensed as an entertainer under this chapter. H. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as an entertainer unless that person is licensed as an entertainer under this chapter. I. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as a nude or semi-nude model unless that person is licensed as an entertainer under this chapter. (Ordinance TBD). 5.10.075 Fees. All fees are payable in advance at the time of submittal of the application and are not refundable. The license year for all fees required under this chapter shall be January 1 st to December 31st. All license fees shall be payable on an annual prorated basis, which fees shall be as follows: A. Sexually Oriented Business premises license: $2,500 per year; B. Sexually Oriented entertainer's license: $250.00 per year; 17JPage EXHmlT B C. Sexually Oriented Business manager's license: $1,000 per year; 5.10.080 Application for Sexually Oriented business license. A. No person shall own or operate a Sexually Oriented Business facility within Jefferson County without a valid Sexually Oriented business license issued by the Clerk of the Board. A Jefferson County business license is required in addition to the Sexually Oriented business license. B. Each person qualifying as an owner or operator of the proposed Sexually Oriented Business facility shall submit a separate application. Each applicant shall be separately qualified under this chapter. C. All applications shall be submitted to the Clerk of the Board on a form supplied by the county and shall contain or be accompanied by all of the following information and documents: 1. The date of the application. 2. The legal name, any previous names, any aliases, any driver's license number, and the date of birth of the applicant. 3. If the applicant is a partner in a partnership, the applicant shall state the complete name of the partnership, state whether the partnership is general or limited, and state the legal names of all partners. 4. If the applicant is an officer, director, or principal stockholder of a corporation, including a limited liability organization, the applicant shall state the complete name of the corporation, state the date of its incorporation, state the name of the registered corporate agent, state the address of the registered office for service of process, and provide evidence that the corporation is in good standing under the laws of the state of Washington. 5. A description of the principal activities and services to be offered by the proposed Sexually Oriented Business facility, including a summary of the types of Sexually Oriented Business and sexually oriented materials to be offered for sale or rent by the proposed Sexually Oriented Business facility. 6. A description of the principal activities and services to be rendered by the applicant with respect to the proposed Sexually Oriented Business facility. 7. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense. 8. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses. 9. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 10. A statement whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that has had a previous license under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 18lPage EXHIBIT B 11. The proposed location of the Sexually Oriented Business facility, including a legal description of the property, street address, and telephone numbers, if any. 12. The present mailing and residential address of the applicant. 13. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant. 14. A complete set of fingerprints of the applicant, taken by a designated county official, on a form adopted and approved by the Jefferson County Sheriffs Office department. 15. A sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the Sexually Oriented Business facility. The sketch or diagram shall be drawn to a designated scale to an accuracy of plus or minus six inches. 16. Authorization for the County, its agents, and employees to seek information to confirm any statements or other information set forth in the application. D. An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the Clerk of the Board may request information or clarification in addition to that provided in a complete application. E. If any person or entity acquires, subsequent to the issuance of an Sexually Oriented business license, a significant interest in the licensed Sexually Oriented Business facility, notice of such acquisition shall be provided in writing to the Clerk of the Board within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the Clerk of the Board pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, 'significant interest" means principal responsibility for management or operation of a Sexually Oriented Business facility. F. Each Sexually Oriented business license application shall be accompanied by a nonrefundable application fee. G. In addition to the requirements of this chapter, an applicant for a Sexually Oriented business license must also obtain any other permits or licenses required by state or local laws or regulations. H. In addition, an applicant must prOVide an affirmation attesting to the truth of what is stated in the application, that the statements are made pursuant to instruction on an official form, and recite that the statements are made under oath, that the declarant was aware at the time of making the statements of such recitation, and intended the statements should be represented as a swom statement made under penalty of perjury, and with a signed jurat of an officer authorized to administer oaths. (Ordinance TBD). 5.10.090 Application for manager's or entertainer's license. A. No person shall work or perform as a manager, entertainer, or nude or semi-nude model at a Sexually Oriented Business facility without a valid manager's or entertainer's license issued by the Clerk of the Board. B. All applications shall be submitted to the Clerk of the Board on a form supplied by the county and shall contain or be accompanied by all of the following information and documents: 191 Page EXHIBIT B 1. The date of the application. 2. The legal name, any previous names, any aliases, any driver's license number, any Social Security number, and the date of birth of the applicant. 3. Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age: a. A valid driver's license issued by any state bearing the applicant's photograph and date of birth; b. A valid identification card issued by any state bearing the applicant's photograph and date of birth; c. An official passport issued by the United States of America; d. An immigration card issued by the United States of America; or e. Any other form of identification that the Clerk of the Board determines to be acceptable. 4. The height, weight, hair and eye color of the applicant. 5. The present mailing and residential address of the applicant. 6. The name and address of the Sexually Oriented Business facility at which the applicant will work or perform. 7. A description of the principal activities or services to be rendered by the applicant at the Sexually Oriented Business facility. 8. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant. 9. A complete set of fingerprints of the applicant, taken by a designated county official, on a form adopted and approved by the Jefferson County Sheriff's Office department. 10. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense. 11. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses. 12. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 13. Authorization for the county, its agents, and employees to seek information to confirm any statements or other information set forth in the application. C. The applicant shall verify under penalty of pe~ury that the information contained in the application is true to the best of his or her knowledge. D. An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the Clerk of the Board may request information or clarification in addition to that provided in a complete application. E. Each manager's and entertainer's license application shall be accompanied by a nonrefundable application fee. F. In addition to the requirements of this chapter, an applicant for a manager's or entertainer's license must also obtain any other permits or licenses required by state or local laws or regulations. (Ordinance TBD). --...-- 20 I P age EXHIBIT B 5.10.100 Initial investigation. A. Upon receipt of a complete Sexually Oriented business license application, the Clerk of the Board shall stamp the application as received and shall send photocopies of the application to the departments or agencies responsible for the enforcement of public safety, Sheriffs Office, health, fire, and building codes and laws. Each interested department or agency shall conduct an investigation of the application and the proposed Sexually Oriented Business facility within 20 calendar days of receipt of the application by the, unless circumstances support extending the investigation. If the investigation is extended, the Clerk of the Board shall inform the applicant of the extension and the reasons therefor. The extension shall not exceed 10 additional calendar days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each interested department or agency shall recommend approval or disapproval of the application by so indicating on the photocopy of the application. After indicating its approval or disapproval, each interested department or agency shall immediately return the photocopy of the application to the Clerk of the Board. In the event the proposed Sexually Oriented Business facility is in a state of construction at the time of the inspection, then each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any Sexually Oriented business license approved prior to final construction of the Sexually Oriented Business facility shall contain a condition that the Sexually Oriented Business facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms with the drawings submitted with the application. B. In the event an interested department or agency recommends disapproval, the department or agency recommending disapproval shall state the basis for the disapproval in writing. A department or agency shall recommend disapproval of an application if it finds that the proposed Sexually Oriented Business facility will violate any provision of any staMe, code, ordinance, regulation, or other law in effect in the county. (Ordinance TBD). 5.10.110 Issuance and denial of licenses. A. Issuance of Sexually Oriented Business License. 1. The Clerk of the Board shall grant or deny an application for an Sexually Oriented business license within 35 calendar days from the date a complete application is filed unless a 1 D-day extension is granted as provided in JCC 5.10.1 OO(A), in which case the Clerk of the Board shall grant or deny an application for an Sexually Oriented business license within 45 calendar days from the date a complete application is filed. 2. The Clerk of the Board shall issue an Sexually Oriented business license unless one or more of the criteria set forth in subsection (C)(1) of this section is present. 3. A Sexually Oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the name and address of the Sexually Oriented Business facility. A Sexually Oriented business license shall be posted in a conspicuous place, at or near the entrance to the Sexually Oriented Business facility. 4. Each Sexually Oriented business license shall expire annually on December 31st. B. Issuance of Manager's or Entertainer's License. .. 21JP age EXHIBIT B 1. The Clerk of the Board shall grant or deny an application for a manager's or entertainer's license within 35 calendar days from the date a complete application is filed. 2. An applicant for a manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license shall automatically expire on the fifteenth day following the filing of a complete application and fee, unless the Clerk of the Board has failed to approve or deny the license application, in which case the temporary license shall be valid until the Clerk of the Board approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the Clerk of the Board extend the application review time for more than an additional 20 days. 3. The Clerk of the Board shall issue a manager's or entertainer's license unless one or more of the criteria set forth in subsection (C)(1) of this section is present. 4. A manager's or entertainer's license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the name and address of the Sexually Oriented Business facility at which the manager, entertainer, or nude or semi- nude model will work or perform. Each manager, entertainer, and nude or semi-nude model shall ensure that his or her license is posted in a conspicuous place, at or near the entrance to the Sexually Oriented Business facility, at all times he or she is working or performing in the Sexually Oriented Business facility. Each entertainer shall carry his or her license at all times he or she is working within Jefferson County as an entertainer. 5. Each manager's or entertainer's license shall expire annually on December 31st. C. Denial of License Application. 1. The Clerk of the Board shall deny a license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true: a. The premises to be used for the proposed Sexually Oriented Business facility are not in compliance with applicable laws and ordinances. b. An applicant is under 18 years of age. c. An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form. d. An applicant has failed to comply with any provision or requirement of this chapter. e. An application fee required by this chapter has not been paid. f. An applicant has been convicted of a specified criminal offense committed on the premises of the Sexually Oriented Business facility for which he or she is licensed within the time periods provided in JCC 5.10.030(BB). 2. In the event the Clerk of the Board denies an application, the Clerk of the Board shall do so in writing and shall state the specific reasons therefor, inclUding applicable laws. 3. Denial of a license application is subject to appeal as set forth in JCC 5.10.150. (Ordinance TBD). 5.10.120 Renewal of licenses. A. A licensee may apply for renewal of a Sexually Oriented business license issued under this chapter. An application for renewal shall contain the information and documents required in JCC 5.10.080 and shall be accompanied by a nonrefundable application fee. 22lPage EXBlBIT B B. A licensee may apply for renewal of a manager's or entertainer's license issued under this chapter. An application for renewal shall contain the information and documents required in JCC 5.10.090 and shall be accompanied by a nonrefundable application fee. C. Application for renewal of a Sexually Oriented business license shall be made within 40 calendar days before the expiration date of the currently valid license. D. Application for renewal of a manager's or entertainer's license shall be made within 15 calendar days before the expiration date of the currently valid license. E. An application for a Sexually Oriented business, manager's or entertainer's license renewal shall be issued or denied according to the requirements of JCC 5.10.110. F. Denial of a Sexually Oriented business, manager's or entertainer's license renewal application is subject to appeal as set forth in JCC 5.10.150. G. In the event that the Clerk of the Board denies an application for a Sexually Oriented business, manager's or entertainer's license renewal, the applicant may not be issued a license for one year from the date of denial. Provided, that if, after a denial, the Clerk of the Board finds that the basis for the denial has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of denial. (Ordinance TBD). 5.10.130 Nontransferabillty of licenses. A. Sexually Oriented Business License. The holder of a Sexually Oriented business license issued pursuant to this chapter shall not assign or transfer the license to another person, except that a transfer may be made to the surviving spouse of a deceased licensee if the transferor and transferee were maintaining a marital community and the license was issued in the name of one or both of them. B. Manager's or Entertainer's License. The holder of a manager's or entertainer's license issued pursuant to this chapter shall not assign or transfer the license to another person. (Ordinance TBD). 5.10.140 Suspension and revocation of licenses. A. The Clerk of the Board may, subject to this chapter, suspend or revoke any license issued pursuant to this chapter. In the event a license is suspended or revoked, all rights of the licensee under this chapter are then suspended or terminated, as the case may be. B. Upon receipt of notice of the suspension or revocation of a Sexually Oriented business license or manager's license or entertainer's license, the licensee shall without delay deliver such license to the Clerk of the Board. In the case of a suspension, the Clerk of the Board shall retum the license to the licensee at the expiration of the suspension period. C. Suspension of License. The Clerk of the Board shall suspend a license for a period not to exceed 30 calendar days if the Clerk of the Board determines that: 1. The licensee has refused to allow an inspection of the Sexually Oriented Business facility as required by JCC 5.10.160; or 2. The licensee has not submitted a timely monthly report as required by JCC 5.10.170(B); or 3. The licensee has been convicted of a specified criminal offense committed on the premises of the Sexually Oriented Business facility for which he or she is licensed within the time periods provided in JCC 5.1 0.030(BB); or 4. The licensee has violated any applicable requirement of this chapter. --"-" 23lPage EXHIBIT B D. Revocation of License. 1. The Clerk of the Board shall revoke a license if the Clerk of the Board determines that: a. The licensee has given false information in the material submitted during the application process; or b. The licensee has knowingly operated a Sexually Oriented Business facility during a period of time when the Sexually Oriented business license of the Sexually Oriented Business facility was suspended; or c. The licensee has knowingly acted as a manager of a Sexually Oriented Business facility during a period of time when the licensee's manager's license was suspended; or d. The licensee has knowingly acted as an entertainer at a Sexually Oriented Business facility during a period of time when the licensee's entertainer's license was suspended; or e. The licensee has knowingly acted as an entertainer within the Jefferson County during a period of time when the licensee's entertainer's license was suspended; or f. The licensee has knowingly acted as a nude or semi-nude model at a Sexually Oriented Business facility during a period of time when the licensee's entertainer's license was suspended; or g. A cause of suspension in subsection (C) of this section occurs and the license has been suspended within the preceding 12 months. 2. In the eVent the Clerk of the Board revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a Sexually Oriented business license, manager's license, or entertainer's license for one year from the date the revocation becomes effective.. If, after revocation, the Clerk of the Board finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of revocation became effective. (Ordinance TBD). 5.10.150 Appeal of denial, suspension, or revocation of license. A. In the event the Clerk of the Board denies, suspends or revokes a license issued under this chapter, the Clerk of the Board shall notify the applicant or licensee in writing of the decision at least 10 calendar days prior to the effective date of any such denial, suspension, or revocation. The notice shall describe the grounds for such denial, suspension, or revocation and shall inform the applicant or licensee of his or her right to appeal to the County hearing examiner within 10 calendar days of the date of the written decision by filing a written notice of appeal with the Clerk of the Board containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, retum receipt requested, to the applicant or licensee at his or her last known address. B. If a licensee timely appeals a decision of the Clerk of the Board, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the county hearing examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to JCC 5.1 0.160(B). C. Within 10 calendar days of receiving a timely appeal, the Clerk of the Board shall forward the administrative record of the licensing decision to the county hearing examiner. - 241Page EXIllBIT B D. In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the county hearing examiner shall hold a hearing on the appeal within 20 calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the Clerk of the Board at least five calendar days prior to the hearing. E. The county hearing examiner shall uphold the decision of the Clerk of the Board unless it finds the decision is not supported by evidence in the administrative record. F. The county hearing examiner shall issue a written decision within 10 calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. The decision of the county hearing examiner shall constitute the final administrative decision of the county and may be appealed to superior court within 10 calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review. G. If a licensee timely appeals a decision of the county hearing examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety. (Ordinance TBD). 5.10.160 Inspections and public health and safety suspensions. A. An applicant or licensee shall permit authorized employees of the Sheriff's Office department, health department, and other state and local government agencies to inspect the premises of a Sexually Oriented Business facility, at any time the Sexually Oriented Business facility is open for business, for the purpose of ensuring compliance with all applicable statutes, codes, ordinances, regulations, and laws. B. Where a condition exists upon the premises of a Sexually Oriented Business facility that constitutes a threat of immediate serious injury to public health or safety, the Clerk of the Board or any other county official may immediately suspend any license issued under this chapter by issuing a notice setting forth the facts that constitute a threat of immediate serious injury to public health or safety, and informing the licensee of the right to appeal the suspension to the county hearing examiner under the appeal provisions set forth in this chapter. (Ordinance TBD). 5.10.170 Recordkeeping requirements and monthly reports. A. Each Sexually Oriented Business facility licensed under this chapter shall maintain and retain, for a period of two years from the date of termination of employment, the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, and nude and semi-nude models. B. Each Sexually Oriented Business facility licensed under this chapter shall file a quarterly report with the Clerk of the Board including the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, and nude or semi- nude models. (Ordinance TBD). 5.10.180 Ucense requirement for existing Sexually Oriented Business facilities. Any Sexually Oriented Business facility in existence prior to the effective date of the ordinance codified in this chapter shall be deemed to be operating under a temporary 25lPage EXHIBIT B Sexually Oriented business license. Within 45 calendar days of the effective date of the ordinance codified in this chapter, each owner and operator of the Sexually Oriented Business facility shall submit a complete Sexually Oriented business license application pursuant to JCC 5.10.080 to the Clerk of the Board. The license application shall be issued or denied in accordance with' the requirements of this chapter. The Sexually Oriented Business facility shall be permitted to continue to engage in the actMties specified in the Sexually Oriented business license application pursuant to JCC 5.10.080(C)(6) pending the decision of the Clerk of the Board. (Ordinance TBD). ArtIcle III. Operational Requirements 5.10.190 Regulations applicable to all Sexually Oriented Business facilities. All Sexually Oriented Business facilities shall comply with the following regulations: A. Manager on Premises. A licensed manager shall be on duty at the Sexually Oriented Business facility at all times the Sexually Oriented Business facility is open for business. The manager shall be stationed at a location within the Sexually Oriented Business facility where he or she shall have an unobstructed view of all public portions of the Sexually Oriented Business facility. B. Hours of Operation. It is unlawful for a Sexually Oriented Business facility, except Sexually Oriented motel, to be conducted, operated, or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. C. Admission to Minors Prohibited. Admission to Sexually Oriented Business facilities, except Sexually Oriented motels, shall be restricted to persons of the age of 18 years or more. The age of all patrons shall be verified at the time of entry by an employee of the Sexually Oriented Business facility. D. Warning Devices. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning the employees, managers, entertainers, or patrons of a Sexually Oriented Business facility that Sheriffs Office Deputies or other government agents are approaching or have entered the Sexually Oriented Business facility. E. Rental or Sale of Obscene Material Prohibited. The rental or sale of obscene material, as defined in RCW 7.48.050, shall be considered a moral nuisance and may, in addition to any other legal remedy, be subject to abatement pursuant to this chapter and Chapter 7.48 RCW. (Ordinance TBD). 5.10.200 Regulations specifically applicable to Sexually Oriented cabarets. A. General. A Sexually Oriented cabaret shall satisfy the general requirements in Article I of this chapter, the licensing requirements in Article II of this chapter, the general operational requirements in JCC 5.10.190, and the specific operational requirements applicable to Sexually Oriented cabarets contained in this section. B. Separation of Entertainers From Patrons. No entertainer shall appear nude or semi- nude except on a stage or platform at least 24 inches in elevation above the level of the patron seating areas. The stage shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous fIXed-barrier railing, of sufficient construction to prevent encroachment by patrons onto the stage, at least three 26JPage EXHIBIT B feet in height and located at least six feet from all points of the stage, shall separate the stage from all patron areas. C. Managers. The licensed manager on duty shall not be an entertainer. There shall be one manager on duty for every stage operating on the premises. No manager shall knowingly permit an employee or entertainer to violate any provision of this section. D. Tips. No entertainer shall solicit, accept, or receive a tip or gratuity offered by any patron. This prohibition shall apply at all times that a licensed entertainer is employed by the Sexually Oriented Business facility at which he or she provides Sexually Oriented Business, regardless of whether the entertainer is currently providing Sexually Oriented Business. E. Maintenance. All public areas shall be maintained in a clean and sanitary condition. F. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the Sexually Oriented cabaret, including the patron seating areas, so that all objects and patrons are plainly visible at all times. G. Physical Layout. The entire stage and the interior portion of any cubicles, booths and stalls accessible to patrons, with the exception of restrooms, shall be visible at all times from the patron seating area of the Sexually Oriented cabaret. Such visibility shall not be blocked or otherwise obscured by doors, curtains, drapes or any other device. H. Visibility From Outside the Sexually Oriented Cabaret No activity or entertainment occurring at or in an Sexually Oriented cabaret, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the Sexually Oriented cabaret. I. Prohibited Activities. 1. No manager, entertainer or employee shall be permitted to caress, fondle, or erotically touch any patron. No manager, entertainer or employee shall encourage or permit any patron to caress, fondle, or erotically touch any employee or entertainer. 2. No manager, entertainer or employee shall perform or simulate any specified sexual activities, nor perform or simulate any act that constitutes a moral nuisance as defined in RCW 7.48.050 and 7.48A.010. 3. No manager, entertainer or employee shall expose to view any specified anatomical areas except upon a stage or platform as set forth in subsection (B) of this section. J. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the Sexually Oriented cabaret which states the following: THIS SEXUALLY ORIENTED CABARET IS REGULATED BY JEFFERSON COUNTY. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE EXCEPT ON STAGE. PATRONS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE. (Ordinance TBD). ------ 27JPage EXHIBIT B 5.10.210 Regulations specifically applicable to Sexually Oriented Arcades. A. General. A Sexually Oriented Arcade shall satisfy JCC title 18, the general requirements in Article I of this chapter, the licensing requirements in Article II of this chapter, the general operational requirements in JCC 5.10.190, and the specific operational requirements applicable to Sexually Oriented Arcades contained in this section. B. Physical Layout. 1. Each viewing booth shall be visible from a manager's station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section "viewing booth" means the area where a patron or customer would be positioned while watching a film, video or other photographic reproduction. 2. No steps or risers shall be allowed in any viewing booth. 3. No viewing booth shall have more than one stool or seat. In order to prevent obscuring the occupant of a viewing booth from view, no stool for seating within a viewing booth shall have any seat back or sides. 4. No viewing booth shall have any holes or openings in its walls other than ventilation holes. All ventilation holes shall be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. All ventilation holes shall be covered with a permanently affixed ventilation cover. C. Maintenance. All viewing booths shall be maintained in a clean and sanitary condition. D. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the Sexually Oriented Arcade, including the viewing booths, so that all objects are plainly visible at all times. E. Limit on Number of Persons Within a Viewing Booth. No licensee, manager or employee shall knowingly permit more than one person to occupy a viewing booth at any given time. F. Prohibited Activities. No licensee, manager, or employee shall knowingly permit a patron to perform any specified sexual activities within a viewing booth. G. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the Sexually Oriented Arcade which states the following: THIS SEXUALLY ORIENTED ARCADE IS REGULATED BY JEFFERSON COUNTY. IT IS UNLAWFUL TO PERFORM SEXUAL ACTS WITHIN A VIEWING BOOTH, AND IT IS UNLAWFUL FOR MORE THAN ONE PERSON TO OCCUPY A VIEWING BOOTH AT ANY GIVEN TIME. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION. H. Visibility From Outside the Sexually Oriented Arcade. No activity or entertainment occurring at or in an Sexually Oriented Arcade, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the Sexually Oriented Arcade. (Ordinance TBD) 28JPage EXHIBIT C JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street Port Townsend, WA 98368 (360) 379-4450 Planning Commission Recommendation for MLA08-00257 UDC Text Amendment For Sexually Oriented Businesses: Recommendation with Findings and Conclusions To: Board of County Commissioners, Chair David Sullivan; Department of Community Development, Director AI Scalf; and Interested public of Jefferson County Date: June 2, 2010 Attached: 1) Guidance to Create Findings for MLA08-00257 - Sexually Oriented Businesses (SOBs) 2) Proposed Text for JCC Chapter 18.10 Definitions 3) proposed Text for JCC Chapter 18.15 Allowed and Prohibited Uses 4) Proposed ,Text for JCC Chapter 18.20 Performance Standards 5) Proposed Text for JCC Chapter 18.18 Irondale/Port Hadlock Allowed and Prohibited Uses 6) Proposed Text for JCC Chapter 5.10 Ucensing and Operation of Sexually Oriented Business Facilities The Plannina Commission is pleased to submit our UDC Text Amendment recommendation to the Board of Countv Commissioners for review. The Planning Commission has worked diligently to review and deliberate the application for an amendment to the Unified Development Code (UDC) Chapters 18.10 Definitions, 18.15 Allowed and Prohibited Uses, 15.20 Performance Standards, 18.18 IrondalelPort Hadlock Allowed and Prohibited Uses in an effort to provide guidance to the Board on this effort to amend the UDC. We recognize the hard work of DCD Staff In preparing the application and the Staff Report, and we support their proposal for amendments to the Unified Development Code. The Planning Commission would also like to recommend creation of a new section to JCC Title 5 Licenses, Regulations and Taxes, to be titled Chapter 5.10 Licensing and Operation of Sexually Oriented Business Facilities. In preparing our recommendation, we have considered the growth management indicators and other general guidance on required findings, and therefore do hereby declare the following findings and conclusions in support of our decision: A. Required findings as per Jefferson County Code (JCC) Title 18.45.080(1)(b)(i-iii): 1. The circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan. For example, the Planning Commission initiated an investigation in 2005 and requested a moratorium on SOBs until UDC regulations could be fully researched and adopted. 2. The assumptions upon which the Jefferson County Comprehensive Plan is based are still valid, however, consideration of assumptions that lead to the adoption of the Comp Plan are not applicable to this proposal since it is for amendment of the development code and not the Comp Plan. 3. The proposed amendment reflects current, widely held values of the residents of Jefferson County. For example, the City of Port Townsend has similar regulations. B. Additional required findings as per Jefferson County Code (JCC) Title 18.45.080(1)(c)(i-viii): 1. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 2. The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 3. The proposed site-specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 4. The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including planned surrounding land uses. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 5. The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change is in the long-term best interests of the county as a whole. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 6/2/2010 SOB UDC Text Amendment Recommendation to BoCC Page 2 6. The proposed site-specific amendment does not materially affect the land use and population growth projections that are the basis of the Comprehensive Plan. Does not apply since this is not a site- specific amendment, but an amendment to the development code. 7. Within an Urban Growth Area, the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. NlA. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 8. The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide planning Policies for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. Yes, the amendment is consistent with all of the above. C. Inquiry to the growth management indicators as per Jefferson County Code (JCC) Title 18.45.050(4 lib )(i-vii): 1. Growth and development as envisioned in the Comprehensive Plan is occurring slower than anticipated due to economic conditions. 2. The capacity of the county to provide adequate services has diminished due to a decrease in tax revenue. 3. There is sufficient urban land, as designated and zoned to meet projected demand and need. Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. Anticipated need is not likely to be more than currently designated for commercial use. 4. Are any assumptions upon which the Comprehensive Plan is based no longer found to be valid? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 5. Are there changes in county-wide attitudes which necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 6. Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 7. There are no inconsistencies between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County. D. The Record 6/2/2010 SOB UDC Text Amendment Recommendation to BoCC Page 3 In addition to the guidance provided by GMA, the Countywide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, the Planning Commission finds: 1. The record also contains evidence with respect the Planning Commission's Committee Report on 'Secondary Effects Study of Sexually Oriented Businesses.' 2. Assertions in the record can be confirmed by information from other sources, namely similar jurisdictions with similar regulations. 3. This 2010 UDC Text Amendment recommendation is based on the record. 4. This 2010 UDC Text Amendment recommendation satisfies legal criteria. 5. This 2010 UDC Text Amendment recommendation is specific to the application to amend the UDC Chapters 18.10 Definitions, 18.15 Allowed and Prohibited Uses, 15.20 Performance Standards, 18.18 IrondalelPort Hadlock Allowed and Prohibited Uses (MLA08-00257). 6. This 2010 UDC Text Amendment recommendation includes proposed code for creation of new JCC Chapter 5.10 Licensing and Operation of Sexually Oriented Business Facilities. E. Additional Findings and Conclusions There are no additional findings of fact or conclusions of law pertinent to this decision. We recognize that our recommendation will be reviewed and considered by the Board of County Commissioners, who will then take formal action to either approve, approve with conditions, or deny this UDC Text Amendment MLA08-00257. On June 2, 2010, The Jefferson County Planning Commission voted 5 to approve, and 0 to deny, MLA08- 00257 and recommend that the BoCC approve the Planning Agency's request to amend the UDC proposed under MLA08-00257 as indicated in attachments 2 - 5, suggested text, and consider adopting a new JCC Chapter 5.10 to regulate the licensing of sexually oriented businesses, attachment 6. ./ :';,( ~ ~..::~~~ . Peter Downey, Planni~ Chair 6 - /7- -:2..0/0 Date 6/2/2010 SOB UDe Text Amendment Recommendation to BoCC Page 4 n..1 J. n_.1UYJX,.l".1 J. JEFFERSON COUNTY DEP ARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 (360) 379-4450 Guidance to Create Findings for MLA08-00257 UDC Text Amendment For Sexually Oriented Businesses Proposed Amendment to: Jefferson County Unified Development Code, Title 18 June 2,2010 AlTACHMENTl 'HOW TO DECIDE' Supplement for Planning Commission . For MLA09-00378: QFC UDC Text Amendment 1. Make a motion, second, discussion? Recommendation (one of the following): 1) Approve X unanimous (five in favor) 2) Deny 3) Approve with conditions or modifications PC Motion: Amend the code as indicated 2. Deliberations-discussion of proposal and entering findings & conclusions "For all proposed amendments, the planning commission shall develop findings and conclusions and a recommendation which consider the growth management indicators set forth in JCC 18.45.050 (4)(b)(i) through (4)(b)(vii), as well as the fOllowing:" [NOTE: text from JCC 18.45.080 (1)(b). The indicators mentioned in .050 will be introduced and addressed later in this worksheet.] a) Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) : (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? [Answer yes' or 'no' and describe why] PC Response: Yes, The Planning Commission in 2005 voted to investigate the issue and requested a moratorium of SOBs. (Ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available which was not considered during 'How to Decide' Supplement for Plannil'lg Commission MLA08-00257: SOB UDC Text Amendment 6-2-10 Page 2 of8 ATIACHMENT 1 the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? [Answer 'yes' or 'no' and describe why] PC Response: Yes, see above (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? [Answer 'yes' or 'no' and describe why] PC Response: Yes, since these regulations are consistent with the City. "In addition to the required findings set for in [the subsection above], in order to recommend approval of a formal site-specific proposal to amend the comprehensive Plan, the planning commission must also make the following findings:" [NOTE: JCC 18.45.080 (4)(c)(Q through (4)(c)(viiIJ] b) Additional required findings, adapted from JCC 18.45.080 (4)(c)(i) through (4)(c){viii) (i) The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. [Answer 'yes', 'no', or 'not applicable' and describe why] PC Response: N/A - not site specific. (ii) The proposed site-specific amendment is consistent with the goals, policies and implementation strategies cif the various elements of the Jefferson County Comprehensive Plan. [Answer yes', 'no', or 'not applicable' and describe why] 'How to Decide' Supplement for Planning Commission MLA08-00257: SOB UDC Tex:t Amendment 6-2-10 Page30f8 ATfACHMENT 1 PC Response: N/A (iii) The proposed site-specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. [Answer 'yes' or 'no' and describe why] PC Response: N/A (iv) The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including planned surrounding land uses. [Answer 'yes' or 'no' and describe why] PC Response: N/A (v) The proposed site-specific amendment will not create a pressure to change in the land use designation of other properties, unless the change is in the long-term best interests of the county as a whole. [Answer 'yes', 'no', or 'not applicable' and describe why] PC Response: N/A (vi) The proposed site-specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan. [Answer 'yes', 'no', or 'not applicable' and describe why] PC Response: N/A 'How to Decide' Supplementfor Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-10 Page 40f8 A'ITACHMENT 1 (vii) WIthin an Urban Growth Area, the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. [Answer yes', 'no', or 'not applicable' and describe why] PC Response: NlA (viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide planning Policies for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. [Answer 'yes' or 'no' and describe why] PC Response: Yes, Federal and local law. c) JCC 18.45.050(4)(b)(i) through (4)(b)(vii) Inquiry into the Growth Management Indicators: i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? [Answer yes' or 'no' and describe why] PC Response: Yes, slower than anticipated. Ii) Has the capacity of the county to provide adequate services diminished or increased? [Answer yes' or 'no' and describe why] PC Response: Yes, diminished 'How 10 Decide' Supplementfor Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-10 Page50f8 ATTACHMENT 1 Iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need? [Answer yes' or 'no' and describe why] PC Response: N/A iv) Are any of the assumptions upon which the plan is based no longer found to be valid? [Answer yes' or 'no' and describe why] PC Response: N1A v) Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? [Answer 'yes' or 'no' and describe why] PC Response: N/A vi) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? [Answer yes' or 'no' and describe why] PC Response: N/A vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County? [Answer yes' or 'no' and describe why] PC Response: N/A d) The Record 'How to Decide' Supplement for Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-10 Page 6 of8 AITACHMENTl 1) In addition to the guidance provided by GMA, the County-Wide Planning policies, the Jefferson County Code, and the Comprehensive Plan, what else is in the record with respect to this proposal? [Answer 'yes' or 'no' and describe why] PC Response: PC SOB Committee Report (attachment 1 of Staff Report) 2) Can assertions in the record be confirmed by information from other sources? [Answer 'yes' or 'no' and describe why] PC Response: Yes, from other codes 3) Is the decision we are about to make based on the record? [Answer 'yes' or 'no' and describe why] PC Response: Yes 4) Does the decision we are about to make, as far as we know, satisfy legal criteria? [Answer 'yes' or 'no' and describe why] PC Response: Yes 5) Is the decision we are about to make limited to the specific request at hand? [Answer 'yes' or 'no' and describe why] PC Response: Yes Are there any additional findings of fact or conclusions of law pertinent to this decision? 'How to Decide' Supplement for Planning Commission MLAD8-0025?: SOB UDC Text Amendment 6-2-10 Page 70f8 ATTACHMENTl PC Response: No 3. Repeat motion and vote (one of the following): a. In favor - Yea (five to zero) b. Opposed - Nay c. Abstain - I 'How to Decide' Supplementfor Planning Commission . MLA08-00257: SOB UDC Text Amendment 6-2-]0 Page80f8 AITACHMENT2 18.10.190 S definitions. "Sale" means the conveyance for consideration of legal or beneficial ownership. "Salt water intrUSion" means the underground flow of salt water into wells and aquifers. "Screening" means a method of visually shielding or obscuring a structure or use from view by fencing, walls, trees, or densely planted vegetation. "Seaward" means to or toward the sea. Seawater IntrUSion. (See "Salt water intrUSion.") "Seawater intrUSion protection zone (SIPZ)" means aquifers and land overlying aquifers with some degree of vulnerability to seawater intrUSion. "Sedimentation" means the process by which materia1 is transported and deposited by water or wind "Seismic hazard areas" means areas subject to severe risk of damage as a resuit of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction. "Sensitiye areas" associared with lee 18.20.345 Sexually Oriented Businesses included: Schools. Day Care Facilities. Libraries. Off~road DubUc trails & oaths. Public indoor recreational facilities. Hosoitals. Parks & Playgrounds. Places of worshio (ie. churches) Community Centers. Senior Citizen Centers. Cemeteries. Residential neighborhoods. Master Planned Resorts. "Sensitive species" means species that could become threatened as classified by the State ofWashiugton Department ofFish and Wildlife, Nongame Program, and the Department ofNatura1 Resources, Washington Natural Heritage Plan. "Service area" means a geographic area defined by a county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area (e.g., an area identified by a public water system that includes the ability to provide a water tap). "Setback" means the distence a structure is placed behind a specified line or topographic feature. "Sewerage trea1ment facilities" means the management, storage, collection, transportation, treaunent, utilization, and processing of sewage from a municipal or community sewage trea1ment plant, not including community drain fields. "Sexually Oriented Business" means J. Any exhibition. perfonnance or dance conducted in an Sexuallv Oriented Business facility where such exhibition. oerfonnance or dance is distinguished or characterized by a predominant emphasis on matters deoictinll. describing. or simulating any specified sexual activities or any specified anatomical areas: or 2. Anv exhibition. oerfonnance or dance intenaed to sexually stimulate any patron and conducted in a Sexuallv Oriented Business facility where such exhibition. oerformance or dance is oerformed for. arralll!ed with. or eoo:aQ:ed in with fewer than all patrons in the Sexually Oriented Business facilitv at that time. with senarate consideration ouid. either directly or indirectly. for such t>erfonnance. exhibition or dance. ror ournases of examole and not limitation such exhibitions. nerformances or dances are commonlv referred to as table dancine. couch cianciol!. taxi dancin!:!. Ian dancinQ. novate dancing or straddle dancing, 3. Sexuallv Oriented Retail Store meanina an enclosed buildinQ. or any oortion thereof which. for money or any other form of consideration. devoteS a significant or substantial oortion of stock in trade to the sale. exchan!!c. rental. loan. trade. transfer or viewine of sexuallv oriented materials. For pumoses of this definition. a retail store devotes a sillnificant or substantial portion of its stock in trade to sexuallv oriented materials if the sale. exchane:e. rental. loan. trade. transfer or viewing, of such sexuallv oriented materials is clear}\, material to the economic viability of the business. It is rebuttably nresumed that such sexuallv oriented materials are clearly material to the viability of the business if sexualI\' oriented materials accounts for: I. Twentv~five nercent or more of the retail dollar value of llross sales over any auarterlv neriod: 2. TweDtv~five Oefeen! or more of the floor area of the stDre aDen to the DubHe: 3. TweDtv~five nerceDt or more of the retail dollar value of all merchandise disnlaved in the store: 4. Twentv~five oercen! or more of the store's inventor" (whether measured bv retail dollar value or number of items): or 5. Twenty-five nercent or more of the store's srock in trade. In no event shall a retailer whose transactions onlv incidentallv ormarf!inallv relate to sexual Iv oriented materials be considered a sexuallv oriented retail store. ATTACHMENT 2 4. Also see lee 5,10.030 for a more comolete list of definitions (contin2:ent uPon adomion ofChaoter 5.10) "Shooting range" means a facility specifically designed and used for safe shooting practice wi1h firearms and/or for archery practice, wi1h iodividual or group firing positions for specific weaponry. "Shoreline Management Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended. "Shoreline Master Program (SMP)" means the Jefferson County Shorelioe Master Program. rtl !z ... ::! ~ S ~I ~I ""-'V 'lI."'l.l!) tI1lq.<:\ l~ llu 'P"JIMlU).IOd porn .(llP....1 !~ 8 8 '" '" ~I 0 0 0 0 u 0 0 0 0 0 :lj ~ 0 u~ I"lB ".u=.Jd '"'I.nrd z z z z z z z z z z IUj.liSlll"ll"'lI'>fl ~I ~ ~ J! ~ ~ ~ 0 0 0 ~ 0 0 ~ z z z z Z 1"""'l"':il1"l8 '."lP'i)) ~I J! J! 3 ~ 0 0 ~ ~ ~ J! J! 0 0 :lupopB.l""BI~JI1l!US"""J lIl11n .. z z z z - ("'0;) 0'10> lBl-"'''P''1 JII11n ~I J! J! J! 0 ~ 0 0 0 0 J! 0 0 0 z z z z z z z z - ("'0;) ""'OJ J! J! J! . UI ~ ~ ~ ~ ~ ~ J! J! 0 0 1up.l""'wo;)~1 Pllln z z - ~I :lj 0 0 0 0 0 0 ~ ~ ~ ~ 0 ~ j_jJl"'pl1J P'''811'''''-'1I z z z z z z z - 1"lll.lS!.<U;)I~) UI J! J! ~ ~ ~ ~ U J! ~ U ~ J! ~ ~ - ~ ~ ,,~ 3 ~ 0 ~ ~ 3 3 :lj b~ '" ~I p....I>WJ:J 'Oll'!l\IPflOlI.roqq!lj'N zJ! .. z .. .. '" ! - pth>>UOJ;)<l>~4DO':> WI :lj :lj J! J! 0 ~ ~ ~ 0 0 ~ '" '" z z z .... 0 ;:: - ~ J! ~ 3 J! J! ~ ~ J! J! 0 .;Ij.....,.lh'lIM l"'ulI Ul 0 J! " J! .. z " .." 8 I-- '" "J)~' Ollila I ~I ~ ~ ~ ~ U ~ 0 0 0 ~ 0 0 ~ z z z z z f--- ....'\.OliilU I ~I 0 0 0 ~ U 0 ~ 0 0 0 0 0 0 z z z z z z z z z z - """'v sma I ~I 0 0 0 0 U 0 0 :lj 0 0 0 0 ~ z z z z z z z z z z - ll"!l>l"qot 1'.- ~! ~ ~ :lj 0 ~ ~ ~ ~ 0 :lj 0 0 0 \B.Jn1l1Bp.1.lUtllOJ' l"'JoII z z z z z - ~~I Ugl (ll>O1 pUB 'Ulj.Id - (lUul\Il.l!J\l\' ~I 0 0 ~ 0 0 0 0 0 0 0 0 uco 8'" z z z z z z z z z Z ~o E'" "':': "'~ " '0 ] a Iii ~ n 1 '~ 3' n " ~ .. 'i' ~ ~ ii ~ a- 0. ! ~ ~ 0 .: -' {l '" 'Ii " ~ ~ ~ '@ I ~ ,~ ., ~ " !l a 1l If '61> Ii 0 j ~ "' :a :;j :e e 1 t '0 0 a h '0 Iii 5 t 'ii e 0. ~ Iii ~ ~ .e I '0 5 0 "- Iii a ~ .~~ a- .8 J!! ~ ~ l! ~ 11 t ] !l 'g.~ 0 {l 5 . ~~ ] '~ 8 i .€ -0 - -. ~ " If ii ;as 0 .ll'c ~ 0 '0 .... II 8:= g. 511 :6 0 ! ~ ie 8~ 0 <3 8 a :S:M J1 0 Ii! ;:; j5 ::;; "' '" ATTACHMENT 4 18.20.340 Sewage sludge and septage. (1) Storage and treatment of sewage sludge and septage at any facility other than an approved sewerage system plant, and development of storage or treatment facilities, are industrial uses for the purposes of this code and are subject to the site standards for industrial uses in this chapter and to approval by the county health department. (2) The application of sewage sludge and septage to land for disposal or for fertiIizatiou is subject to approval by the Jefferson County board of health, or its designee, and state approval requirements. [Ord. 8-06 S 1] 18.20.345 (I) (2) Sexuallv Oriented Businesses (also see JCC 5.10) SexuaIly Oriented businesses (SOB) shaIl be located at least 1.000 feet from anv sensitive site (see JCC 18.10.190 for definitions). SOBs with live performances must be located 1.000 feet from the propertY line of (a) anv business selling alcoholic drinks (b) anv other SOB Shall meet standards under JCC 18.20.140 Commercial uses Standards for site development (3) 18.20.350 Small-scale recreation and tourist uses. (I) Small-Seale Recreation and Tourist Uses. SmaIl-scale recreational and tourist uses rely on a rura1 location and setting and provide opportunities to diversi:tY the economy ofrura1 Jefferson County by ntilizing the county's abundant recreational opportunities and scenic and natoraI amenities in an environmenta1ly sensitive manner consistent with the rura1 character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in JCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15.572. Agritourism on designated agricultorallands is regulated in JCC 18.20.030. agricultora1 activities and accessory uses. The foIlowing list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of smalI-scale recreation or tourist uses: (a) Aerial recreational activities such as balloon rides, glider and parachute events; (b) Anima! preserves and game farms; ( c) Equestrian centers, on parcels 10 acres or larger in size; (d) Campgrounds and camping facilities; (e) Commercial fishing ponds; (f) Cultural festivals; (g) Miniature golf, not to exceed a gross use area of one acre; (b) Model hobby parks and sites on parcels 10 acres or larger in size; (i) Outdoor recreational equipment rental andlor guide services; (j) Outdoor shooting and archery ranges; (k) Private hunting or fishing camps; (I) Public display gardens; (m) Recreational off-road vehicle (ORV) and all terrain vehicle (A TV) parks and recreational areas on parcels 20 acres or larger in size; (n) Recreational, cultoral or religious conference center/retreat facilities on parcels 10 acres or larger in size; (0) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres in size; (P) Rural restaurants, ouly when associated with a primary recreational or tourist use; and (q) Rural recreationaIlodging or cabins for overnight rental on parcels 10 acres or larger in size. (2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses not specificaIly named above may be classified as smalI-scale recreational and tourist uses by the administrator, subject to the provisions of this section, upon documentation by the applicant that the proposed use is dependent upon a particular rura1 location or setting and is consistent with the intent and application ofRCW 36.70A.070(5)(d) and the Jefferson County Comprehensive Plan. Itl ~ ... ~ :x: ~ ~ I u !'S !'S 0 0 0 0 0 0 0 0 ~I 0 :E .. >- >- z z z z z z Z Z Z . .. li ~i !'S - ~ 0 0 0 0 0 0 0 0 0 UI 0 i z z z z z z z :>< z z Z 'll .", -e. ~ ::>~ i lit ~ 0 0 0 0 0 0 0 0 0 0 ~I 0 It>! z z z z z z z z z z z i .'! <- ~ ~ - '::jO>~ ~ 0 0 0 0 0 0 0 0 0 zl 0 ~ ~ 0- 5 0 II ~h z z z z z z z z z z Z -<: j ]t>~ 1 - ::> (.'l 5 I~ -e ::> -a ~ 0 0 0 0 0 0 0 0 0 z[ 0 0 !~ 0 ~ Z Z Z Z Z Z Z Z Z Z z a~ 1:: .. ~ - ;:l '" . . . ~ 'll_ . ,g H U :J :J ~ ~ :J ~ ~ :J ~ " " 0 0 " U! 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"" '" co QJ ~ .5 u tT= " '" QJ co a ;: E a "0 .. '" ... 0 - 0 - .. 0 " QJ QJ QJ N .. .. 'v; '" .g OD '" c:: E VI :9 0 ... 0 m :; .. 0 .0 Q) N E ... oci 0 .... " E u E ..... ~ >< ~ co QJ :;; QJ :J: VI ....... N m <;;f ATTACHMENT 6 Chapter 5.10 LICENSING AND OPERATION OF SEXUALLY ORIENTED BUSINESS FACILITIES Sections: Article I. Generally 5.10.010 Purpose. 5.10.020 Scope. 5.10.030 Definitions. 5.10.040 Penalties. 5.10.050 Nuisance. 5.10.060 Activities not prohibited. Article II. Licensing Requirements 5.10.070 License required. 5.10.075 Fees. 5.10.080 Application for Sexually Oriented business license. 5.10.090 Application for manager's or entertainer's license. 5.10.100 Initial investigation. 5.10.110 Issuance and denial of licenses. 5.10.120 Renewal of licenses. 5.10.130 Nontransferability of licenses. 5.10.140 Suspension and revocation of licenses. 5.10.150 Appeal of denial, suspension, or revocation of license. 5.10.160 Inspections and public health and safety suspensions. 5.10.170 Recordkeeping requirements and monthly reports. 5.10.180 License requirement for existing Sexually Oriented Business facilities. Article III. Operational Requirements 5.10.190 Regulations applicable to all Sexually Oriented Business facilities. 5.10.200 Regulations specifically applicable to Sexually Oriented cabarets. 5.10.210 Regulations specifically applicable to Sexually Oriented Arcades. Article I. Generally 5.10.010 Purpose. It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown, however, that Sexually Oriented Business facilities, as defined herein, are detrimental to the public health, safety and welfare. Sexually Oriented Business facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activity. These activities often lead to the development of public nuisances, including moral nuisances. ] I Page ATTACHMENT 6 Therefore, the licensing and operation of Sexually Oriented Business facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter. (Ordinance TBD). 5.10.020 Scope. This chapter governs the licensing and operation of all Sexually Oriented Business facilities within the County. The location and siting of Sexually Oriented Business facilities is governed by the zoning regulations contained in JCC Title 18. All Sexually Oriented Business facilities shall satisfy the requirements of this chapter and Title 18. (Ordinance TBD). 5.10.030 Definitions. For the purposes of this chapter, certain terms and words are defined as follows: A. 'Sexually Oriented Arcade" means a commercial establishment containing individual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image- producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. B. 'Sexually Oriented Business license" means a license issued by the Clerk of the Board under this chapter to the owner or operator of a Sexually Oriented Business facility. C. 'Sexually Oriented Cabaref means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features: 1. Persons who appear nude or semi-nude; or 2. Live performances which are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified anatomical areas or any specified sexual activities. D. 'Sexually Oriented Business" means: 1. Any exhibition, performance or dance conducted in an Sexually Oriented Business facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or 2. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a Sexually Oriented Business facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the Sexually Oriented Business facility 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, lap dancing, private dancing or straddle dancing. E. 'Sexually Oriented Business facility" means a commercial establishment defined herein as a Sexually Oriented Arcade, Sexually Oriented cabaret, Sexually Oriented motion picture theater, Sexually Oriented retail store, or other establishment where Sexually Oriented Business is offered, including but not limited to private membership clubs. 21Page ATTACHMENT 6 F. 'Sexually Oriented motion picture theater" means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual media are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. G. "Sexually Oriented Retail Store" means an enclosed building, or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan, trade, transfer or viewing of such sexually oriented materials is clearly material to the economic viability of the business. It is rebuttably presumed that such sexually oriented materials are clearly material to the viability of the business if sexually oriented materials accounts for: 1. Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period; 2. Twenty-five percent or more of the floor area of the store open to the public; 3. Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store; 4. Twenty-five percent or more of the store's inventory (whether measured by retail dollar value or number of items); or 5. Twenty-five percent or more of the store's stock in trade. In no event shall a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be considered a sexually oriented retail store. H. 'Applicant" means a person or persons applying for a license under this chapter. I. 'County" means Jefferson County, Washington. J. 'Clerk of the Board" means Jefferson County, Washington, Clerk of the Board, staff member, or designee assigned to carry out a particular Clerk of the Board assignment or job function, as appropriate. K. 'Employee" means any person, including a manager, entertainer, or nude model, who works in or renders any services directly related to the operation of any Sexually Oriented Business facility, whether or not such person is paid compensation by the owner or operator of the Sexually Oriented Business facility. L. 'Entertainer" means any person who provides live entertainment in a Sexually Oriented Business facility during which the person exposes any specified anatomical areas or performs any specified sexual activities, whether or not the person is an employee of the Sexually Oriented Business facility and whether or not a fee is charged or accepted for such entertainment. M. 'Entertainer's license" means a license issued by the Clerk of the Board under this chapter to an entertainer, or nude or semi-nude model. N. 'Escort" means a person employed by an escort agency, and who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. O. "Escort agency" means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose for a fee, tip, or 31Pagc ATfACBMENT6 other consideration. The term "escort agency" shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm. P. "Licensee" means a person or persons in whose name a license to operate a Sexually Oriented Business facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license, and in the case of a manager, entertainer, or nude or semi-nude model, a person in whose name a license has been issued authorizing employment or entertainment in a sexually Oriented Business facility. Q. "Manager" means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within Sexually Oriented Business facility, including assistant managers working with or under the direction of a manager to carry out such purposes. R. "Manager's license" means a license issued by the Clerk of the Board under this chapter to a manager or assistant manager of a Sexually Oriented Business facility. S. "Nude" means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering. T. "Nude or semi-nude model" means a person who, for any form of consideration, agrees or offers to appear nude or semi-nude in a nude or semi-nude model studio. U. "Nude or semi-nude model studio" means any place where a person appears nude or semi-nude for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person. The following uses are exceptions to the definition of a "nude or semi-nude model studio": 1. A proprietary school licensed by the state of Washington; 2. A junior college, college, or university supported partly or entirely by public funds; 3. A private college or university that maintains and operates educational programs in which credits are transferable to a junior college, college, or university supported partly or entirely by public funds; and 4. A place housed in a structure (a) that has no advertising visible from the exterior of the structure that indicates a nude or semi-nude model is available for viewing; and (b) where, in order to participate in a class, a student must enroll at least three days in advance of the class. V. "Other Sexually Oriented Business facility" means any commercial establishment not defined herein where Sexually Oriented Business or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific facility shall not be considered a Sexually Oriented Business facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered a Sexually Oriented Business facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. 4lPage ATTACHMENT 6 W. "Owner or operator" means any person who owns, operates, or has a significant interest in a Sexually Oriented Business facility, with significant interest being based on responsibility for management of the business. Where a Sexually Oriented Business facility is owned or operated by a partnership, then each partner shall be deemed an owner or operator of the business. Where a Sexually Oriented Business facility is owned or operated by a corporation, including a limited liability organization, then each officer, director and principal stockholder shall be deemed an owner or operator of the business. For the purposes of this chapter, a principal stockholder is a person who owns or controls 20 percent or greater interest in a Sexually Oriented Business facility. X. "Person" means an individual, association, corporation, estate, firm, joint venture, partnership, proprietorship, trust, or other legal entity. Y. "Semi-nude" means a state of dress in which the Clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices. Z. "Sexually oriented materials" means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations, that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term "sexually oriented materials" includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. AA. "Specified anatomical areas" means and includes any of the fOllOWing: 1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or 2. The human male genitals in a discernibly turgid state, even if completely and opaquely covered. BB. "Specified criminal offense" means an. offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which: 1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or 2. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or 3. Less than fIVe years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a 24 month period. CC. "Specified sexual activities" means and includes any of the following: 1. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or 2. Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy; or 3. Masturbation, actual or simulated; or 51Pagc ATTACHMENT 6 4. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition; 5. Violent or destructive sexual behavior, including but not limited to human or animal mutilation, dismemberment, rape or torture. (Ordinance TBD). 5.10.040 Penalties. A. Criminal Penalty. In addition to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or by a jail term of not more than 90 days, or by both such fine and imprisonment B. Separate Offense. Any person who violates any provision of this chapter or failing to comply with any of the mandatory requirements of this chapter is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued, or permitted by any such person. (Ordinance TBD). 5.10.050 Nuisance. A. Public Nuisance. Any Sexually Oriented Business facility operated, conducted, or maintained in violation of this chapter or any law of Jefferson County shall be deemed a public nuisance, and all remedies given by law for the prevention and abatement of public nuisances shall apply regardless of any other remedy. B. Moral Nuisance. Any Sexually Oriented Business facility operated, conducted, or maintained contrary to the provisions of Chapter 7.48A RCW shall be deemed a moral nuisance, and all remedies given by law for the prevention and abatement of moral nuisances shall apply in addition to any other remedy. (Ordinance TBD). 5.10.060 Activities not prohibited. A. This chapter shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose and that are not obscene; and (3) exhibitions, performances, expressions or dances that are not obscene. B. The provisions of this chapter are not intended to and do not prohibit the simulation of sex acts which are part of nonobscene expression. C. Whether or not activity is obscene shall be judged by consideration of the following factors: 1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to the prurient interest in sex; and 2. Whether the activity depicts or describes sexual conduct in a patently offensive way, as measured against community standards, and as described in RCW 7.48A.010; and 3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ordinance TBD). Article II. Licensing Requirements 5.10.070 License required. 6JPage ATTACHMENT 6 A. It is unlawful for any person to operate a Sexually Oriented Business facility unless that person is the holder of a valid Sexually Oriented business premises license issued by the Clerk of the Board under this chapter. B. It is unlawful for any person to work as a manager in a Sexually Oriented Business facility unless that person is the holder of a valid manager's license issued by the Clerk of the Board under this chapter. C. It is unlawful for any person to work or perform as an entertainer in a Sexually Oriented Business facility unless that person is the holder of a valid entertainer's license issued by the Clerk of the Board under this chapter. D. It is unlawful for any person to work or perform as an entertainer unless that person is the holder of a valid entertainer's license issued by the Clerk of the Board under this chapter. E. It is unlawful for any person to work or perform as a nude or semi-nude model in a Sexually Oriented Business facility unless that person is the holder of a valid entertainer's license issued by the Clerk of the Board under this chapter. F. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work as a manager at the Sexually Oriented Business facility unless that person is licensed as a manager under this chapter. G. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as an entertainer at the Sexually Oriented Business facility unless that person is licensed as an entertainer under this chapter. H. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as an entertainer unless that person is licensed as an entertainer under this chapter. I. It is unlawful for the owner or operator of a Sexually Oriented Business facility to employ a person to work or perform as a nude or semi-nude model unless that person is licensed as an entertainer under this chapter. (Ordinance TBD). 5.10.075 Fees. All fees are payable in advance at the time of submittal of the application and are not refundable. The license year for all fees required under this chapter shall be January 1st to December 31st. All license fees shall be payable on an annual prorated basis, which fees shall be as follows: A. Sexually Oriented Business premises license: $2,500 per year; B. Sexually Oriented entertainer's license: $250.00 per year; C. Sexually Oriented Business manager's license: $1,000 per year; 5.10.080 Application for Sexually Oriented business license. A. No person shall own or operate a Sexually Oriented Business facility within Jefferson County without a valid Sexually Oriented business license issued by the Clerk of the Board. A Jefferson County business license is required in addition to the Sexually Oriented business license. B. Each person qualifying as an owner or operator of the proposed Sexually Oriented Business facility shall submit a separate application. Each applicant shall be separately qualified under this chapter. 7lPage ATIACHMENT 6 C. All applications shall be submitted to the Clerk of the Board on a form supplied by the county and shall contain or be accompanied by all of the following information and documents: 1. The date of the application. 2. The legal name, any previous names, any aliases, any driver's license number, and the date of birth of the applicant. 3. If the applicant is a partner in a partnership, the applicant shall state the complete name of the partnership, state whether the partnership is general or limited, and state the legal names of all partners. 4. If the applicant is an officer, director, or principal stockholder of a corporation, including a limited liability organization, the applicant shall state the complete name of the corporation, state the date of its incorporation, state the name of the registered corporate agent, state the address of the registered office for service of process, and provide evidence that the corporation is in good standing under the laws of the state of Washington. 5. A description of the principal activities and services to be offered by the proposed Sexually Oriented Business facility, including a summary of the types of Sexually Oriented Business and sexually oriented materials to be offered for sale or rent by the proposed Sexually Oriented Business facility. 6. A description of the principal activities and services to be rendered by the applicant with respect to the proposed Sexually Oriented Business facility. 7. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense. 8. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses. 9. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 10. A statement whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that has had a previous license under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 11. The proposed location of the Sexually Oriented Business facility, including a legal description ofthe property, street address, and telephone numbers, if any. 12. The present mailing and residential address of the applicant. 13. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant. 14. A complete set of fingerprints of the applicant, taken by a designated county official, on a form adopted and approved by the Jefferson County Sheriffs Office department. 15. A sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the Sexually Oriented Business facility. The 8JPage ATTACHMENT 6 sketch or diagram shall be drawn to a designated scale to an accuracy of plus or minus six inches. 16. Authorization for the County, its agents, and employees to seek information to confirm any statements or other information set forth in the application. D. An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the Clerk of the Board may request information or clarification in addition to that provided in a complete application. E. If any person or entity acquires, subsequent to the issuance of an Sexually Oriented business license, a significant interest in the licensed Sexually Oriented Business facility, notice of such acquisition shall be provided in writing to the Clerk of the Board within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the Clerk of the Board pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, "significant interest" means principal responsibility for management or operation of a Sexually Oriented Business facility. F. Each Sexually Oriented business license application shall be accompanied by a nonrefundable application fee. G. In addition to the requirements of this chapter, an applicant for a Sexually Oriented business license must also obtain any other permits or licenses required by state or local iaws or regulations. H. In addition, an applicant must provide an affirmation attesting to the truth of what is stated in the application, that the statements are made pursuant to instruction on an official form and recite that the statements are made under oath, that the declarant was aware at , the time of making the statements of such recitation, and intended the statements should be represented as a swom statement made under penalty of pe~ury, and with a signed jurat of an officer authorized to administer oaths. (Ordinance TBD). 5.10.090 Application for manager's or entertainer's license. A. No person shall work or perform as a manager, entertainer, or nude or semi-nude model at a Sexually Oriented Business facility without a valid manager's or entertainer's license issued by the Clerk of the Board. B. All applications shall be submitted to the Clerk of the Board on a form supplied by the county and shall contain or be accompanied by all of the following information and documents: 1. The date of the application. 2. The legal name, any previous names, any aliases, any driver's license number, and the date of birth of the applicant. 3. Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age: a. A valid driver's license issued by any state bearing the applicant's photograph and date of birth; b. A valid identification card issued by any state bearing the applicant's photograph and date of birth; c. An official passport issued by the United States of America; d. An immigration card issued by the United States of America; or 91Pagc ATTACHMENT 6 e. Any other form of identification that the Clerk of the Board determines to be acceptable. 4. The height, weight, hair and eye color of the applicant. 5. The present mailing and residential address of the applicant. 6. The name and address of the Sexually Oriented Business facility at which the applicant will work or perform. 7. A description of the principal activities or services to be rendered by the applicant at the Sexually Oriented Business facility. 8. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant. 9. A complete set of fingerprints of the applicant, taken by a designated county official, on a form adopted and approved by the Jefferson County Sheriffs Office department. 10. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense. 11. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county. and if so, the operating names and locations of the other licensed businesses. 12. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the Sexually Oriented Business facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation. 13. Authorization for the county, its agents, and employees to seek information to confirm any statements or other information set forth in the application. C. The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge. D. An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the Clerk of the Board may request information or clarification in addition to that provided in a complete application. E. Each manager's and entertainer's license application shall be accompanied by a nonrefundable application fee. F. In addition to the requirements of this chapter, an applicant for a manager's or entertainer's license must also obtain any other permits or licenses required by state or local laws or regulations. (Ordinance TBD). 5.10.100 Initial investigation. A. Upon receipt of a complete Sexually Oriented business license application, the Clerk of the Board shall stamp the application as received and shall send photocopies of the application to the departments or agencies responsible for the enforcement of public safety, Sheriffs Office, health, fire, and building codes and laws. Each interested department or agency shall conduct an investigation of the application and the proposed Sexually Oriented Business facility within 20 calendar days of receipt of the application by the, unless circumstances support extending the investigation. If the investigation is extended, the Clerk of the Board shall inform the applicant of the extension and the reasons therefor. The extension shall not exceed 10 additional calendar days from the original expiration of lOjPage ATTACHMENT 6 the 20-day time period stated above. At the conclusion of its investigation, each interested department or agency shall recommend approval or disapproval of the application by so indicating on the photocopy of the application. After indicating its approval or disapproval, each interested department or agency shall immediately return the photocopy of the application to the Clerk of the Board. In the event the proposed Sexually Oriented Business facility is in a state of construction at the time of the inspection, then each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any Sexually Oriented business license approved prior to final construction of the Sexually Oriented Business facility shall contain a condition that the Sexually Oriented Business facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms with the drawings submitted with the application. B. In the event an interested department or agency recommends disapproval, the department or agency recommending disapproval shall state the basis for the disapproval in writing. A department or agency shall recommend disapproval of an application if it finds that the proposed Sexually Oriented Business facility will violate any provision of any statute, code, ordinance, regulation, or other law in effect in the county. (Ordinance TBD). 5.10.110 Issuance and denial of licenses. A. Issuance of Sexually Oriented Business License. 1. The Clerk of the Board shall grant or deny an application for an Sexually Oriented business license within 35 calendar days from the date a complete application is filed unless a 1 D-day extension is granted as provided in JCC 5.10.1 OO(A), in which case the Clerk of the Board shall grant or deny an application for an Sexually Oriented business license within 45 calendar days from the date a complete application is filed. 2. The Clerk of the Board shall issue an Sexually Oriented business license unless one or more of the criteria setforth in subsection (C)(1) of this section is present. 3. A Sexually Oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the name and address of the Sexually Oriented Business facility. A Sexually Oriented business license shall be posted in a conspicuous place, at or near the entrance to the Sexually Oriented Business facility. 4. Each Sexually Oriented business license shall expire annually on December 31st. B. Issuance of Manager's or Entertainer's License. 1. The Clerk of the Board shall grant or deny an application for a manager's or entertainer's license within 35 calendar days from the date a complete application is filed. 2. An applicant for a manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license shall automatically expire on the fifteenth day following the filing of a complete application and fee, unless the Clerk of the Board has failed to approve or deny the license application, in which case the temporary license shall be valid until the Clerk of the Board approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the Clerk of the Board extend the application review time for more than an additional 20 days. I1IPage ATTACHMENT 6 3. The Clerk of the Board shall issue a manager's or entertainer's license unless one or more of the criteria set forth in subsection (C)(1) of this section is present. 4. A manager's or entertainer's license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the name and address of the Sexually Oriented Business facility at which the manager, entertainer, or nude or semi- nude model will work or perform. Each manager, entertainer, and nude or semi-nude model shall ensure that his or her license is posted in a conspicuous place, at or near the entrance to the Sexually Oriented Business facility, at all times he or she is working or performing in the Sexually Oriented Business facility. Each entertainer shall carry his or her license at all times he or she is working within Jefferson County as an entertainer. 5. Each manager's or entertainer's license shall expire annually on December 31st. C. Denial of License Application. 1. The Clerk of the Board shall deny a license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true: a. The premises to be used for the proposed Sexually Oriented Business facility are not in compliance with applicable laws and ordinances. b. An applicant is under 18 years of age. c. An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form. d. An applicant has failed to comply with any provision or requirement of this chapter. e. An application fee required by this chapter has not been paid. f. An applicant has been convicted of a specified criminal offense committed on the premises of the Sexually Oriented Business facility for which he or she is licensed within the time periods provided in JCC 5.1 0.030(BB). 2. In the event the Clerk of the Board denies an application, the Clerk of the Board shall do so in writing and shall state the specific reasons therefor, including applicable laws. 3. Denial of a license application is subject to appeal as set forth in JCC 5.10.150. (Ordinance TBD). 5.10.120 Renewal of licenses. A. A licensee may apply for renewal of a Sexually Oriented business license issued under this chapter. An application for renewal shall contain the information and documents required in JCC 5.10.080 and shall be accompanied by a nonrefundable application fee. B. A licensee may apply for renewal of a manager's or entertainer's license issued under this chapter. An application for renewal shall contain the information and documents required in JCC 5.10.090 and shall be accompanied by a nonrefundable application fee. C. Application for renewal of a Sexually Oriented business license shall be made within 40 calendar days before the expiration date of the currently valid license. D. Application for renewal of a manager's or entertainer's license shall be made within 15 calendar days before the expiration date of the currently valid license. E. An application for a Sexually Oriented business, manager's or entertainer's license renewal shall be issued or denied according to the requirements of JCC 5.10.110. F. Denial of a Sexually Oriented business, manager's or entertainer's license renewal application is subject to appeal as set forth in JCC 5.10.150. 121 P J g e ATTACHMENT 6 G. In the event that the Clerk of the Board denies an application for a Sexually Oriented business, manager's or entertainer's license renewal, the applicant may not be issued a license for one year from the date of denial. Provided, that if, after a denial, the Clerk of the Board finds that the basis for the denial has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of denial. (Ordinance TBD). 5.10.130 Nontransferability of licenses. A. Sexually Oriented Business License. The holder of a Sexually Oriented business license issued pursuant to this chapter shall not assign or transfer the license to another person, except that a transfer may be made to the surviving spouse of a deceased licensee if the transferor and transferee were maintaining a marital community and the Iicense.was issued in the name of one or both of them. B. Manager's or Entertainer's License. The holder of a manager's or entertainer's license issued pursuant to this chapter shall not assign or transfer the license to another person. (Ordinance TBD). 5.10.140 Suspension and revocation of licenses. A. The Clerk of the Board may, subject to this chapter, suspend or revoke any license issued pursuant to this chapter. In the event a license is suspended or revoked, all rights of the licensee under this chapter are then suspended or terminated, as the case may be. B. Upon receipt of notice of the suspension or revocation of a Sexually Oriented business license or manager's license or entertainer's license, the licensee shall without delay deliver such license to the Clerk of the Board. In the case of a suspension, the Clerk of the Board shall retum the license to the licensee at the expiration of the suspension period. C. Suspension of License. The Clerk of the Board shall suspend a license for a period not to exceed 30 calendar days if the Clerk of the Board determines that: 1. The licensee has refused to allow an inspection of the Sexually Oriented Business facility as required by JCC 5.10.160; or 2. The licensee has not submitted a timely monthly report as required by JCC 5.1 0.170(B); or 3. The licensee has been convicted of a specified criminal offense committed on the premises of the Sexually Oriented Business facility for which he or she is licensed within the time periods provided in JCC 5.1 0.030{BB); or 4. The licensee has violated any applicable requirement of this chapter. D. Revocation of License. 1. The Clerk of the Board shall revoke a license if the Clerk of the Board determines that: a. The licensee has given false information in the material submitted during the application process; or b. The licensee has knOWingly operated a Sexually Oriented Business facility during a period of time when the Sexually Oriented business license of the Sexually Oriented Business facility was suspended; or c. The licensee has knowingly acted as a manager of a Sexually Oriented Business facility during a period of time when the licensee's manager's license was suspended; or 13IPage ATIACHMENT 6 d. The licensee has knowingly acted as an entertainer at a Sexually Oriented Business facility during a period of time when the licensee's entertainer's license was suspended; or e. The licensee has knowingly acted as an entertainer within the Jefferson County during a period of time when the licensee's entertainer's license was suspended; or f. The licensee has knowingly acted as a nude or semi-nude model at a Sexually Oriented Business facility during a period of time when the licensee's entertainer's license was suspended; or g. A cause of suspension in subsection (C) of this section occurs and the license has been suspended within the preceding 12 months. 2. In the event the Clerk of the Board revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a Sexually Oriented business license, manager's license, or entertainer'~ license for one year from the date the revocation becomes effective. If, after revocatIOn, the Clerk of the Board finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of revocation became effective. (Ordinance TBD). 5.10.150 Appeal of denial, suspension, or revocation of license. A. In the event the Clerk of the Board denies, suspends or revokes a license issued under this chapter, the Clerk of the Board shall notify the applicant or licensee in writing of the decision at least 10 calendar days prior to the effective date of any such denial, suspension, or revocation. The notice shall describe the grounds for such denial, suspension, or revocation and shall inform the applicant or licensee of his or her right to appeal to the County hearing examiner within 10 calendar days of the date of the written decision by filing a written notice of appeal with the Clerk of the Board containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, retum receipt requested, to the applicant or licensee at his or her last known address. B. If a licensee timely appeals a decision of the Clerk of the Board, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the county hearing examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to JCC 5.10.160(B). C. Within 10 calendar days of receiving a timely appeal, the Clerk of the Board shall forward the administrative record of the licensing decision to the county hearing examiner. D. In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the county hearing examiner shall hold a hearing on the appeal within 20 calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the Clerk of the Board at least five calendar days prior to the hearing. E. The county hearing examiner shall uphold the decision of the Clerk of the Board unless it finds the decision is not supported by evidence in the administrative record. F. The county hearing examiner shall issue a written decision within 10 calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or 141 p age ATIACHMENT 6 licensee at his or her last known address. The decision of the county hearing examiner shall constitute the final administrative decision of the county and may be appealed to superior court within 10 calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review. G. If a licensee timely appeals a decision of the county hearing examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety. (Ordinance TBD). 5.10.160 Inspections and public health and safety suspensions. A. An applicant or licensee shall permit authorized employees of the Sheriffs Office department, health department, and other state and local government agencies to inspect the premises of a Sexually Oriented Business facility, at any time the Sexually Oriented Business facility is open for business, for the purpose of ensuring compliance with all applicable statutes, codes, ordinances, regulations, and laws. B. Where a condition exists upon the premises of a Sexually Oriented Business facility that constitutes a threat of immediate serious injury to public health or safety, the Clerk of the Board or any other county official may immediately suspend any license issued under this chapter by issuing a notice setting forth the facts that constitute a threat of immediate serious injury to public health or safety, and informing the licensee of the right to appeal the suspension to the county hearing examiner under the appeal provisions set forth in this chapter. (Ordinance TBD). 5.10.170 Recordkeeping requirements and monthly reports. A. Each Sexually Oriented Business facility licensed under this chapter shall maintain and retain, for a period of two years from the date of termination of employment, the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, and nude and semi-nude models. B. Each Sexually Oriented Business facility licensed under this chapter shall file a quarterly report with the Clerk of the Board including the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, and nude or semi- nude models. (Ordinance TBD). 5.10.180 License requirement for existing Sexually Oriented Business facilities. Any Sexually Oriented Business facility in existence prior to the effective date of the ordinance codified in this chapter shall be deemed to be operating under a temporary Sexually Oriented business license. Within 45 calendar days of the effective date of the ordinance codified in this chapter, each owner and operator of the Sexually Oriented Business facility shall submit a complete Sexually Oriented business license application pursuant to JCC 5.10.080 to the Clerk of the Board. The license application shall be issued or denied in accordance with the requirements of this chapter. The Sexually Oriented Business facility shall be permitted to continue to engage in the activities specified in the Sexually Oriented business license application pursuant to JCC 5.10.080(C)(6) pending the decision of the Clerk of the Board. (Ordinance T8D). 151 P age ATTACHMENT 6 Article III. Operational Requirements 5.10.190 Regulations applicable to all Sexually Oriented Business facilities. All Sexually Oriented Business facilities shall comply with the following regulations: A. Manager on Premises. A licensed manager shall be on duty at the Sexually Oriented Business facility at all times the Sexually Oriented Business facility is open for business. The manager shall be stationed at a location within the Sexually Oriented Business facility where he or she shall have an unobstructed view of all public portions of the Sexually Oriented Business facility. B. Hours of Operation. It is unlawful for a Sexually Oriented Business facility, except Sexually Oriented motel, to be conducted, operated, or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. C. Admission to Minors Prohibited. Admission to Sexually Oriented Business facilities, except Sexually Oriented motels, shall be restricted to persons of the age of 18 years or more. The age of all patrons shall be verified at the time of entry by an employee of the Sexually Oriented Business facility. D. Warning Devices. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning the employees, managers, entertainers, or patrons of a Sexually Oriented B~siness facility that Sheriffs Office Deputies or other government agents are approaching or have entered the Sexually Oriented Business facility. E. Rental or Sale of Obscene Material Prohibited. The rental or sale of obscene material, as defined in RCW 7.48.050, shall be considered a moral nuisance and may, in addition to any other legal remedy, be subject to abatement pursuant to this chapter and Chapter 7.48 RCW. (Ordinance TBD). 5.10.200 Regulations specifically applicable to Sexually Oriented cabarets. A. General. A Sexually Oriented cabaret shall satisfy the general requirements in Article I of this chapter, the licensing requirements in Article II of this chapter, the general operational requirements in JCC 5.10.190, and the specific operational requirements applicable to Sexually Oriented cabarets contained in this section. B. Separation of Entertainers From Patrons. No entertainer shall appear nude or semi- nude except on a stage or platform at least 24 inches in elevation above the level of the patron seating areas. The stage shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous fixed-barrier railing, of sufficient construction to prevent encroachment by patrons onto the stage, at least three feet in height and located at least six feet from all points of the stage, shall separate the stage from all patron areas. C. Managers. The licensed manager on duty shall not be an entertainer. There shall be one manager on duty for every stage operating on the premises. No manager shall knowingly permit an employee or entertainer to violate any provision of this section. D. Tips. No entertainer shall solicit, accept, or receive a tip or gratuity offered by any patron. This prohibition shall apply at all times that a licensed entertainer is employed by the Sexually Oriented Business facility at which he or she provides Sexually Oriented Business, regardless of whether the entertainer is currently providing Sexually Oriented Business. 16JPage ATTACHMENT 6 E. Maintenance. All public areas shall be maintained in a clean and sanitary condition. F. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the Sexually Oriented cabaret, including the patron seating areas, so that all objects and patrons are plainly visible at all times. G. Physical Layout. The entire stage and the interior portion of any cubicles, booths and stalls accessible to patrons, with the exception of restrooms, shall be visible at all times from the patron seating area of the Sexually Oriented cabaret. Such visibility shall not be blocked or otherwise obscured by doors, curtains, drapes or any other device. H. Visibility From Outside the Sexually Oriented Cabaret. No activity or entertainment occurring at or in an Sexually Oriented cabaret, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the Sexually Oriented cabaret. I. Prohibited Activities. 1. No manager, entertainer or employee shall be permitted to caress, fondle, or erotically touch any patron. No manager, entertainer or employee shall encourage or permit any patron to caress, fondle, or erotically touch any employee or entertainer. 2. No manager, entertainer or employee shall perform or simulate any specified sexual activities, nor perform or simulate any act that constitutes a moral nuisance as defined in RCW 7.48.050 and 7.48A010. 3. No manager, entertainer or employee shall expose to view any specified anatomical areas except upon a stage or platform as set forth in subsection (B) of this section. J. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the Sexually Oriented cabaret which states the following: THIS SEXUALLY ORIENTED CABARET IS REGULATED BY JEFFERSON COUNTY. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE EXCEPT ON STAGE. PATRONS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE. (Ordinance TBD). 5.10.210 Regulations specifically applicable to Sexually Oriented Arcades. A General. A Sexually Oriented Arcade shall satisfy JCC title 18, the general requirements in Article I of this chapter, the licensing requirements in Article " of this chapter, the general operational requirements in JCC 5.10.190, and the specific operational requirements applicable to Sexually Oriented Arcades contained in this section. B. Physical Layout. 1. Each viewing booth shall be visible from a manager's station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section "viewing booth" means the area where a patron or customer would be positioned while watching a film, video or other photographic reproduction. 17JPage ATI'ACHMENT 6 2. No steps or risers shall be allowed in any viewing booth. 3. No viewing booth shall have more than one stool or seat. In order to prevent obscuring the occupant of a viewing booth from view, no stool for seating within a viewing booth shall have any seat back or sides. 4. No viewing booth shall have any holes or openings in its walls other than ventilation holes. All ventilation holes shall be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. All ventilation holes shall be covered with a permanently affixed ventilation cover. C. Maintenance. All viewing booths shall be maintained in a clean and sanitary condition. D. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the Sexually Oriented Arcade, including the viewing booths, so that all objects are plainly visible at all times. E. Limit on Number of Persons Within a Viewing Booth. No licensee, manager or employee shall knowingly permit more than one person to occupy a viewing booth at any given time. F. Prohibited Activities. No licensee, manager, or employee shall knowingly permit a patron to perform any specified sexual activities within a viewing booth. G. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the Sexually Oriented Arcade which states the following: THIS SEXUALLY ORIENTED ARCADE IS REGULATED BY JEFFERSON COUNTY. IT IS UNLAWFUL TO PERFORM SEXUAL ACTS WITHIN A VIEWING BOOTH, AND IT IS UNLAWFUL FOR MORE THAN ONE PERSON TO OCCUpy A VIEWING BOOTH AT ANY GIVEN TIME. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION. H. Visibility From Outside the Sexually Oriented Arcade. No activity or entertainment occurring at or in an Sexually Oriented Arcade, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the Sexually Oriented Arcade. (Ordinance TBD) 181Page EXHIBIT D STATE OF WASHINGTON DEPARTlYIENT OF COMly.IERCE 128. 10'" Avellue SW . PO Btll( 42525 . Olympia. Wasllinqton 98504.2525 . (300) 72541J(J(J April 22, 2010 David Johnson Associate Planner Jefferson County 621 Sheridan Street portTownsand, Washington 98368 Dear Mr. Johnson: Thank you felr sendlng the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A. 106. Please keep this letter as documentation that you have met this procedural requirement. County of Jefferson. Proposed unffied development code (UCC) text amendment to include regulatlol1$ for sexually ortented businesses. These materials were received on April 21, 2010 and processed with the Material iD # 16696. We have foJWaTded a copy of this notice to other state agencies. If this submitted material Is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.7OA. 1 06. If you have submitted this material as a draft amendment, then final adoption mey occur no earlier than sixly days following the dete of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you heve any questions, please call me at 360.725.3046. Sincerely, .J!JmJ4 Weyl {.oJ< Doug Paters Growth Management Planner Growih ManagemlW SarvIces EXHIBIT E 18.45.090 Amendments to GMA Implementing regulations. (1) Inillation. The text of the county's adopted Comprehensive Plan implementing regulations (also referred to within this code as "development regulations") may be amended at any time, provided the amendment is consistent with the Jefferson County Comprehensive Plan and Land Use Map. When inconsistent with the Comprehensive Plan and land Use Map, the amendment shall be processed concurrent with any necessary plan amendments using the process and timelines for plan amendments set forth in this chapter. "Implementing regulations" means the controls placed on development or land use activities by the county, including, but not limited to, this Unified Development Code, the Jefferson County Shoreline Master Program, or any other official controls required to implement the plan (see HCW 36.70A.0301. Proposed amendments, changes, or modifications may be inillated as follows: (a) When consistent with the plan, at any time at the direction of the board of county commissioners or by the planning commission pursuant to HCW 36.70.550: (b) When inconsistent with the plan, under the process and time lines for Comprehensive Plan amendments by any interested person consistent with this chapter; or (c) Immediately following or concurrent with an amendment or amendments to the Jefferson County Comprehensive Plan, the implementing regulations shall be amended to be consistent with the plan and land Use Map. (2) Notice. (a) Proposed amendments to the implementing regulations pursuant to subsection (1) of this section which must be processed concurrently with an amendment to the Comprehensive Plan and land Use Map shall be processed and noticed in the same manner as plan amendments consistent with this chapter. (b) Notice of any hearing on amendments to the implementing regulations generated by DCD staff, the board of county commissioners or the planning commission outside of the annual Comprehensive Plan amendment process shall be given by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Jefferson County Courthouse. (c) Any additional notice required by state or local law (e.g., staMory notice requirements for amendments to the Shoreline Master Program), or deemed appropriate by the administrator, shall be paid for by the applicant. (3) Planning Commission Review. The planning commission shall hold a public hearing on any amendment(s) to the implementing regulations and shall make a recommendation to the board of county commissioners using the site-specific criteria selforth in JCC 18.45.080( 1 )(b) and (1)( c), as applicable. (4) Board of County Commissioners Review. The board of county commissioners shall consider the proposed amendments at a regularly scheduled meeting. (a) If aflerapplylng the criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable, the board of county commissioners concludes that no change In the recommendation of the planning commission is necessary, the board may make a final determination on the proposed amendment(s) and adopt the amendments as recommended by the planning commission. (b) If after applying the criterla set forth In JCC 18.45.080(1)(b) and (1)( c), as applicable, the board of county commissioners concludes that a change in the recommendation of the planning commission is nacessary, the change shall not be Incorporated until the board conducts its own public hearlng using the procedures set forth under JCC 18.40.310. The hearlng shall be noticed by one publication In the official newspaper of the county at least 10 days prlor to the date of the hearlng, and by posting copies of the notice of hearlng in the Jefferson County Courthouse. The nCltice and public hearlng for proposed amendments to implementing regulations may be combined with any notice or public hearlng for proposed amendments to the Comprehensive Plan or for other actions of the board of county commissioners. (5) TransmittaJ to State. The administrator shall transmit a copy of any proposed amendmenl(s) to the implementing regulations at least 80 days prlor to the expected date of final action by the board of county commissioners, as consistent with Chapter 36.70A RCW. The administrator shall transmit a copy of any adopted amendment(s) to the implementing regulations to OCD within 10 days after adoption by the board. (6) Appeals. All appeals to the adoption of any amendment(s) to the Implementing regulations shall be filed with and processed by the Western Washington Growth Management Hearlngs Board in accordance with the provisions of Chapter 36.70A RCW. lOrd. 2-06 ~ 1) EXHIBIT F JEFFERSON COUNTY PLANNING COMMISSION 621 Sheridan Street Port Townsend, WA 98368 (360) 379-4450 Planning Commission Recommendation for MLA08-00257 UDC Text Amendment For Sexually Oriented Businesses: Revised Recommendation with Findings and Conclusions To: Board of County Commissioners, Chair John Austin; Department of Community Development, Director AI Scalf; and Interested public of Jefferson County Date: February 2, 2011 Attached: 1) Guidance to Create Findings for MLA08-00257 - Sexually Oriented Businesses (SOBs) 2) Proposed Text for JCC Chapter 18.10 Definitions 3) Proposed Text for JCC Chapter 18.15 Allowed and Prohibited Uses 4) Proposed Text for JCC Chapter 18.20 Performance Standards 5) Proposed Text for JCC Chapter 18.18 Irondale/Port Hadlock Allowed and Prohibited Uses The Plannina Commission is pleased to submit our UDC Text Amendment recommendation to the Board of County Commissioners for review. The Planning Commission has worked diligently to review and deliberate the application for an amendment to the Unified Development Code (UDC) Chapters 18.10 Definitions, 18.15 Allowed and Prohibited Uses, 15.20 Performance Standards, 18.18 IrondalelPort Hadlock Allowed and Prohibited Uses in an effort to provide guidance to the Board on this effort to amend the UDC. We recognize the hard work of DCD Staff in preparing the application and the Staff Report, and we support their proposal for amendments to the Unified Development Code. In an earlier version of this recommendation dated June 2, 2010, The Planning Commission also recommended creation of a new section to JCC Title 5 Licenses, Regulations and Taxes, to be titled Chapter 5.10 Licensing and Operation of Sexually Oriented Business Facilities. The creation of Chapter 5.1 0 was meant to complement the UDC amendments by requiring a license for operation of, and employment at Sexually Oriented Businesses. The Planning Commission has reconsidered that recommendation as being problematic in light of the fact that Jefferson County does not currently issued business licenses. Therefore, the Planning Commission would encourage the Board of County Commissioners to revisit the business license provisions at such time as a uniform business license requirement is established, or when a Sexually Oriented Business is established within Jefferson County. In preparing our recommendation, we have considered the growth management indicators and other general guidance on required findings, and therefore do hereby declare the following findings and conclusions in support of our decision: A. Required findings as per Jefferson County Code (JCC) Title 18.45.080(1)(b)(i-iii): 1. The circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Jefferson County Comprehensive Plan. For example, the Planning Commission initiated an investigation in 2005 and requested a moratorium on SOBs until UDC regulations could be fully researched and adopted. 2. The assumptions upon which the Jefferson County Comprehensive Plan is based are still valid, however, consideration of assumptions that lead to the adoption of the Comp Plan are not applicable to this proposal since it is for amendment of the development code and not the Comp Plan. 3. The proposed amendment reflects current, widely held values of the residents of Jefferson County. For example, the City of Port Townsend has similar regulations. B. Additional required findings as per Jefferson County Code (JCC) Title 18.45.080(1)(c)(i-viii): 1. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 2. The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 3. The proposed site-specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 2/2/2011 SOB UDC Text Amendment Recommendation to BoCC Page 2 4. The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including planned surrounding land uses. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 5. The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change is in the long-term best interests of the county as a whole. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 5. The proposed site-specific amendment does not materially affect the land use and population growth projections that are the basis of the Comprehensive Plan. Does not apply since this is not a site- specific amendment, but an amendment to the development code. 7. Within an Urban Growth Area, the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. N/A. Does not apply since this is not a site-specific amendment, but an amendment to the development code. 8. The proposed amendment is consistent with the Growth Management Act (Chapter 35.70A RCW), the County-Wide planning Policies for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. Yes, the amendment is consistent with all of the above. C. Inquiry to the growth management indicators as per Jefferson County Code (JCC) Title 18.45.050(4)(b )(i-vii): 1. Growth and development as envisioned in the Comprehensive Plan is occurring slower than anticipated due to economic conditions. 2. The capacity of the county to provide adequate services has diminished due to a decrease in tax revenue. 3. There is sufficient urban land, as designated and zoned to meet projected demand and need. Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. Anticipated need is not likely to be more than currently designated for commercial use. 4. Are any assumptions upon which the Comprehensive Plan is based no longer found to be valid? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 5. Are there changes in county-wide attitudes which necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 2/2/201 I SOB UDC Text Amendment Recommendation to BoCC Page 3 6. Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? Does not apply since this is not a Comp Plan amendment, but an amendment to the development code. 7. There are no inconsistencies between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County. D. The Record In addition to the guidance provided by GMA, the Countywide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, the Planning Commission finds: 1. The record also contains evidence with respect the Planning Commission's Committee Report on 'Secondary Effects Study of Sexually Oriented Businesses." 2. Assertions in the record can be confirmed by information from other sources, namely similar jurisdictions with similar regulations. 3. This 2011 UDC Text Amendment recommendation is based on the record. 4. This 2011 UDC Text Amendment recommendation satisfies legal criteria. 5. This 2011UDC Text Amendment recommendation is specific to the application to amend the UDC Chapters 18.10 Definitions, 18.15 Allowed and Prohibited Uses, 15.20 Performance Standards, 18.18 Irondale/Port Hadlock Allowed and Prohibited Uses (MLA08-00257). 6. This 2011 UDC Text Amendment recommendation removes proposed code for creation of new JCC Chapter 5.1 0 Licensing and Operation of Sexually Oriented Business Facilities, originally proposed in the June 2,2010 recommendation. E. Additional Findings and Conclusions There are no additional findings of fact or conclusions of Jaw pertinent to this decision. We recognize that our recommendation will be reviewed and considered by the Board of County Commissioners, who will then take formal action to either approve, approve with conditions, or deny this UDC Text Amendment MLA08-00257. On February 2, 2010, The Jefferson County Planning Commission voted 6 to approve, and.1 to deny, MLA08- 00257 and recommend that the SoCC approve the Planning Agency's request to amend the UDC proposed under MLA08-00257 as indicated in attachments 2 - 5, suggested text. ~J.J~ , (YkE'C~~{'?" zlJ1/bectfCdII Peter Downey, PI nning Commission Chair Date 2/2/20]] SOB UDC Text Amendment Recommendation Ie> BoCC Page 4 JEf'FEH.sON COUNTY DiEPARTMEN'J OF COlYillVHJl"UTY DEVELOPlViEi\iT 32-'1 Sheridan S-~reet, Pert Townsend, \J\fA 98368 (360) 379-4450 Guidance to Create Findings for MLA08-00257 UDC Text Amendment For Sexually Oriented Businesses Proposed Amendment to: Jefferson County Unified Development Code, Title 18 .;\.;n.9 2. 2D-jO ,1~t .'.j,~:1(,j1 ~C": ATTACHMENT 1 'HOW TO DECIDE' Supplement for Planning Commission For MLA08-00257: SOB Text Amendment 1. Make a motion, second, discussion? Recommendation (one of the following): 1) Approve X (five in favor - June 2, 201 O)(five in favor, one opposed - February 2, 2010) 2) Deny 3) Approve with conditions or modifications PC Motion: Amend the code as indicated 2. Deliberations-discussion of proposal and entering findings & conclusions "For all proposed amendments, the planning commission shall develop findings and conclusions and a recommendation which consider the growth management indicators setforth inJCC 18.45.050 (4)(b)(i) through (4)(b)(vii), as well as the following:" [NOTE: text from JCC 18.45.080 (1)(b). The indicators mentioned in .050 will be introduced and addressed later in this worksheet.] a) Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) : (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? [Answer yes' or 'no' and describe why] PC Response: Yes, The Planning Commission in 2005 voted to investigate the issue and requested a moratorium of SOBs. 'How to Decide' Supplement for Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-10&2/2/2011 Page20f8 \- , ATI'ACHMENT 1 ~. - (ii) Are the assomptions upon which the Jefferson County ComprehensiVe Plan is based no longer valie:!; oris newinformationavanable which~as not considered during the adoption pro~or anyanntiatamendmentsof the Jefferson County . ComprehensiVe PIEm?lAnswet~yes' or 'n6' and describewhy] -.,' f'9Resporlse: Y$S. see above . - . , ..(iii). Does the proposed amendment reflect current, widely held values ofthe residents of Jefferson County? [Answer 'yes' Or 'no' and describe why] - . . .... ., - ~.. . . PC Respo~; . Yes, since theSaregulations areconsistentwith the City, . "In addition to the required findings set form Ithesubsection above], in order to n;coIDIIiend . .approval of aformaIsite'-speclfic proposal toamend the comprehensive Plan, the planning commission :must also:makethe following findings:" (NOTE: JCC 18.45.080 (4)(c)(i) thr6ugh(4)(c)(vji/1] . b) Additional required fihdings, adapted fromJCC 18.45.080 (4)(c)(I) through (4)(c)(viil) (I), The proposed site-specific amendment meets COncurrency requirements for transportation and does notaciversely affect adopted level of service standardsf6rother public facilities and services. [Answer 'yes', 'no', or 'not applicable' anddescribeWhyj PC Response: N/A""" not site specific. . . (i1) The proposed site-specific amendment is consistent with the goals, . policies and implementation strategies of the various elements of the Jefferspn '!low to Decide' Szrpp/embd for P101l1Jing CommissUlTI MLA()8.()0257: SOB UDC TextAlJJendrnent 6.-2-1f)&2/2120I1 'PageJof8 ATTACHMENTl County Comprehensive Plan. [Answer yes', 'no', or 'not applicable' and describe why] PC Response: N/A (Hi) The proposed site-specific amendment will not result in probable significant adverse impacts that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities. [Answer 'yes' or 'no' and describe why] PC Response: N/A (iv) The subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including planned surrounding land uses. [Answer yes' or 'no' and describe why] PC Response:N/A (v) The proposed site-specific amendment will not create a pressure to change in the land use designation of other properties, unless the change is in the long-term best interests of the county as a whole. [Answer yes', 'no', or 'not applicable' and describe why] PC Response: N/A (vi) The proposed site-specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan. [Answer 'yes', 'no', or 'not applicable' and describe Why] PC Response: N/A 'How to Decide' Supplement for Planning Commission MLA08-00Z57: SOB UDCTextAmendment 6-Z-10&Z/Z/ZOII Page 4 of8 ATI'ACHMENT 1 (vii) Within an Urban Growth Area, the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA. [Answer yes', 'no', or 'not applicable' and describe why] PC Response: N/A (viii) The proposed amendment is consistent with the Growth Management Act (Chapter 36.70A RCW), the County-Wide planning Policies for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. [Answer yes' or 'no' and describe why] PC Response: Yes, Federal and local law. c) JCC 18.45.050(4)(b)(i) through (4)(b)(vii) Inquiry into the Growth Management Indicators: i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? [Answer 'yes' or 'no' and describe why] PC Response: Yes, slower than anticipated. ii) Has the capacity of the county to provide adequate services diminished or increased? [Answer 'yes' or 'no' and describe why] PC Response: Yes, diminished 'How to Decide' Supplement for Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-10&2/2/2011 Page 5 of8 AITACHMENT 1 Hi) Is there sufficient urban land, as designated and zoned to meet projected demand and need? [Answer yes' or 'no' and describe why] PC Response: N/A iv) Are any of the assumptions upon which the plan is based no longer found to be valid? [Answer yes' or 'no' and describe why] PC Response: N/A v) Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? [Answer yes' or 'no' and describe why] PC Response: N/A vi} Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? [Answer 'yes' or 'no' and describe why] PC Response: N/A vii} Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County? [Answer 'yes' or 'no' and describe why] PC Response: N/A 'Haw to Decide' Supplementfor Planning Commission MLA08-00257: SOB UDC Text Amendment 6-2-]0&2/2/20] ] Page 60f8 ATfACHMENT 1 d) The Record 1) In addition to the guidance provided by GMA, the County-Wide Planning Policies, the Jefferson County Code, and the Comprehensive Plan, what else is in the record with respect to this proposal? [Answer 'yes' or 'no' and describe why] PC Response: PC SOB Committee Report (attachment 1 of Staff Report) 2) Can assertions in the record be confirmed by information from other sources? [Answer 'yes' or 'no' and describe why] PC Response: Yes, from other codes 3) Is the decision we are about to make based on the record? [Answer 'yes' or 'no' and describe why] PC Response: Yes 4) Does the decision we are about to make, as far as we know, satisfy legal criteria? [Answer 'yes' or 'no' and describe why] PC Response: Yes 5) Is the decision we are about to make limited to the specific request at hand? [Answer 'yes' or 'no' and describe why] PC Response: Yes 'HIlW to Decide' Supplementfor Planning Commission MLA08-00257: SOB UDe Text Amendment 6-2-10&2/2/2011 Page 70f8 AITACHMENT I Are there any additional findings of fact or conclusions of law pertinent to this decision? PC Response: No 3. Repeat motion and vote (one of the following): a. In favor - Yea (five to zero - June 2, 201 0) (five in favor - February 2,2011) b. Opposed - Nay (one opposed - February 2,2011) c, Abstain - I 'How to Decide' Supplement for Planning Commission MLA08-00257,' SOB UDC Text Amendment 6-2-10&2/2/2011 Page 8 of8 ATTACHMENT 2 18.10.190 S def"mitions. "Sale" means the conveyance for consideration oflegal or beneficial ownership. "Salt water intrusion" means the underground flow of salt water into wells and aquifers. "Screeuing" means a method of visually shielding or obscuring a structure or use from view by fencing, walls, trees, or densely planted vegetation. "Seaward" means to or toward the sea. Seawater IntrUSion. (See "Salt water intrUSion.") "Seawater intrUSion protection zone (SIPZ)" means aquifers and land overlying aquifers with some degree of vulnerability to seawater intrUSion. "Sedimentation" means the process by which material is transported and deposited by water or wind. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction. "Sensitive areas" associated with lee 18.20.345 Sexualh: Oriented Businesses included: Schools. Da\' Care Facilities. Lihmries.. Oft:'road DubHe trails & oaths. Public indoor recreational facilities. Hosoitals. Parks & Plav2Tounds. Places ofworshin tk churches). Community Centers. Senior Citizen Centers. Cemeteries. Residential neie.hhorhoods. Ma....;ter Planned Resons. "Sensitive species" means species that could become threatened as classified by the State of Washington Department ofFish and Wildlife, Nongeme Program, and the Department ofNaturaI Resources, Washington Natural Heritage Plan. "Service area" means a geographic area defined by a county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area (e.g., an area identified by a public water system that includes the ability to provide a water tap). "Setback" means the distance a structure is placed bebind a specified line or topographic feature. "Sewerage treatment facilities" means the management, storage, collection, transportation, treatment, utilization, and processing of sewage from a municipal or community sewage treatment plant, not including commuuity drain fields. "Sexually Oric:ntcd Busin.:ss" lll~an$ 1. Anv exhibition. oerformanee or danc~ conducted in an Sexuallv Oriented Business facility where such exhibition. performance or dance is distinguished or characterized by a predominant emohasis on matters deoictinQ. describin~. or simulatin[!. any specified sexual activities or any soecified anatomical areas: or 2. Any exhibition. ocrtormanct or dnnce intenu~d to s~xuaIlv 5timulme any nntron and conducted in a Sexual Iv Oriented Business facility where such exhibition. oerformancc or dance is nerfonned for. arranged \vith. or eneaeerJ in with fewer than uIl patrons in the Sexually Oriented Busin~5s facility at that time. \vith seoarate consideration naid. either directlv or indirectl\'. for such nertbnnnnce. exhibition or dance. For pumos!;::> of exam ole and not limitmion. such exhibitions. performances or dunces un~ commonly referred to as table ciancio!!. C\.)tll::l dancing. taxi dancing. IIlP eland"!!. nrivme dancing or straddh:: dancinl!. 3. Sexually Oriented Retail Store me-,mine ~n enclos~d building. or any oortion thereof which. for mon~y or ~nv other form 01 consideration. devotes a signHicant N' ;;ubslantiui portion of stock in trode to the sale. ~xchange. renml. loan, trude, tran$fcr or viewine of sc:'\uallv oriented matcrinls. For numO$cs of lhis definition. a retail store devotes a ::-jfmificam or substantial rmninn ot its stock hi trade to scxuallvorienlt.~ materials iC the ~alc. ~xchunge. rental. loan, tmdc transfer or viewing of ~tlch sJ.:xtwl!v oriented material::: is clearlv material to the economic viabililv <:If the business. It is rebuttablv nresumed th,H such se:'\uallv oriented materi!lls are clearly material 10 the viability of the busin~ss if sexuallvoriented materials accounts for: 1. Twtmtv-fivc oercent or more of the retail dollar value of erO$S sales over any auarterlv oeried: 2, Twenty-five percent or mon: of the floor area of the store ooen to the public: 3. Twcntvwtive oercent or more of the retail dollar value of all merchandise disolaved in the store: 4, Twentv-five oercent or more nrthe store';:; invcnton' (whether mea.;;ured bv retail dollar value or number ofilCIIl;:;): or 5. Twenty-live oercent or more ofrhl.': st(lr~':> stock in trade, In no event shall a retailer whose tnm$(lt:tions onl\' incidental!" or mare:inallv relate to sec:'\uallv oriented iTk1tcrials be con$idered a sexually oriented retail store. ATTACHMENT 2 4. Also sr:~ .Ice 5.lO.030 tor a mort: comoktl.': U$t of definitions (com in gent ul10n adoorion ofChamer 5.WI "Shooting range" means a facility specifically designed and used for safe shooting practice with fireanns and/or for archery practice, with individual or group firing positions for specific weaponry. "Shoreline Management Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended. "Shoreline Master Prograro (SMP)" means the Jefferson County Shoreline Master Prograro. tn I- Z w 2: J: U <l: ~ ~I = -, ~ JalV q).\\(U~ Wit}.):l SU SU o.u lit~ }1>on)I!:H 1J{ld pu~ .)fl~Ul)Jl ~~ ~ ~ u u $ $ '" '" 01 0. 0. 0. 0. U 0. 0. 0. 0. 0. 0. 0. 0. tlDlJIM.u..1lJ Jitn: S.'1.~d"~.Jsd z, ;z: ;z: ;z: ;z: ;z: ;z: ;z: ;z: ;z: Z ;z: Z - Wl-.usui}t)l j\,....~H ~ 0. 0. II 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. Z Z >< Z Z Z Z Z Z Z Z Z Z - ('''~I,\l''3 PUHU~'1l1l0) iI J! ~ ~ 0. 0. ~ 0. ~ ~ '3 ~ ~ 0. :lo!'_'.jOO"I~JIll1.l"l1J'Ull~:Tj, Z Z Z >< Z - (.;J-.\O.:)U3j!)) lV!J~npul tq:tn 0' B ~ ~ 0. 0. 0. 0. 0. 0. B ~ 0. 0. z! ,.. z z z z z z ,.. z z - (J-,w:) UJ-I!)} 01 ~ ~ ~ 0. 0. 0. 0. 0. 0. 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Z z Z Z Z Z Z Z Z Z - U~' ug; u81 jt:Jp1 plU: ;ltu!J_I,-trJllllro!-Jr.,. ~ ~ 11 0. 0. 0. ~ 0. 0. 0. 0. 0. 0. 0. ~Sl z' gF! z z z z ;z: z z z z z gr:J: "'~ m:>:l: -, .. ~ ~ 6 B ;; !l. '~ Iii D E! 3 a >> '~ I e c. n .. 0. ~ 0. :'3 j ~ ~ ... 0 .. - ~ " ~ ~ 6 1l ~ 0 0 '" " ;; .~ B ~ :~ 0. ~ ~ '" 11 a ] 0 '~ 'E !b ~ ~ :g Iii 0 ]: 0 e ~ Iii 6 '5 '8 8 C. ~ [j 0. 0 0 ~ '" s ~ .2 ~l! D ~ ~ ~ ','1 0. ;; 5- 0 0 ~ ~ ~ ] ~ ~ ~ 8 0.,_ ,9 OI "' 0 %l 'jj " " a n '5 ~ ,Pl i! 0. 0 Ii %l >>~ e 6 1i ~' g~ 2t ~ '~ 0. 1:> ~ B.~ ~ ~:e .9 .. i 5, :as " 6 ~ D " 0. . 6 ] ~ D 0:::: 0 6ll 'E 0. x. 06 0. c3 '0 tS ~ " ~ ~ EO 8g & 0. ]~ ~ " ~ Z'j ",e '" :r: ;::; 36 p. ATTACHMENT 4 18.20.340 Sewage sludge and septage. (1) Storage and treatment of sewage sludge and septage at any facility other than an approved sewerage system plant, and development of storage or treatment facilities, are industrial uses for the PUl]JOSes of this code and are subject to the site standards for industrial uses in this chapter and to approval by the county health department. (2) The application of sewage sludge and seplage to land for disposal or for fertilization is subject to approval by the Iefferson County board of health, or its designee, and state approval requirements. [Ord. 8-06 SI] 18.20.345 (i) (7) Sexuallv Oriented Businesses (also see JCC 5.101 Sexuallv Oriented businesses (S08) shall be located at least 1.000 feet from anv sensitive site (see ICC ] 8. 1 0.190 for definitions1. SOBs with live performances mUSI belocaled 1.000 feel from lhe propertY line of (a) anv business selling alcoholic drinks (b 1 anv other SOB Shall meel standards under ICC 18.20.140 Commercial uses - Standards for sile develoomenl (3) 18.20.350 Small-scale recreation and tourist uses. (1) Small-Scale Recreation and Tourist Uses. Small-scale recreational and tourist uses rely on a ruraI location and setting and provide opportunities to diversifY the economy of ruraI Iefferson County by utilizing the county's abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the ruraI character of the county. Upon approval pursuant to this code, these types of uses may be conducted in the land use districts specified in Table 3-1 in ICe 18.15.040 and as provided for in small-scale recreation and tourist (SR1) overlay districts under ICe 18.15.572. Agritourism on designated agricultural lands is regulated in ICe 18.20.030. agricultural activities and accessory uses. The fOllowing list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of smail-scale recreation or tourist uses: (a) Aerial recreational activities such as balloon rides, glider and parachute events; (b) Animal preserves and game farms; ( c) Equestrian centers, on parcels 10 acres or larger in size; (d) Campgrounds and camping facilities; (e) Commercial fishing ponds; (I) Cultural festivals; (g) Miniature golf, not to exceed a gross use area of one acre; (h) Model hobby parks and sites on parcels 10 acres or larger in size; (i) Outdoor recreational equipment rental and/or guide services; G) Outdoor shooting and archery ranges; (k) Private hunting or fishing camps; (J) Public display gardens; (m) Recreational off-road vehicle (ORY) and all terrain vehicle (A TV) parks and recreational areas on parcels 20 acres or larger in size; (n) Recreational, cultural or religious conference center/retreat facilities on parcels 10 acres or larger in size; (0) Recreational vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres in size; (p) Rural restaurants, oniy when associated with a primary recreational or tourist use; and (q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in size. (2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses nol specifically named ahove may be classified as small-scale recreational and tourist uses by the administrator, subject to the provisions ofthis section, upon docmnentation by the applicant that the proposed use is dependent upon a particular rural location or setting and is consistent with the intent and application ofReW 36. 70A.070(5)(d) and the Iefferson County Comprehensive Plan. '" I- Z UJ :;: :I: U ~ " E il l!' 'ii ~ <' " e. " ~ " ... ~ ... 'ii ~ '" " . = ... " '" " u o :0 = ll:l " f. " . . - ~ . e ~ :l! :0 :a ...f ...o. ~,,~ :a;~ . - ....:0 - ~ :;; - '" ... = o. . :g = o. " E a " .9 E" ;!iE . a =" -eo ",- ... - i.t>~ .25 tllu:S -eQ~ ::> '" " t~.~ 025 ~." =", il .1l '" " '" l:' !- cdl ~ 5 ,S:S =~ -'" -e ::> :l!- . - _'0 "" C?~ "E .lla ~ " "E - E E a ;; '0 :. E E o u . . ... " '" o. s '" ~ ~ '" '" :J ::> u o >- u :> - :'S " . .:1 . .. 'll .. '" II "' ;;> '; ] E S o U & 'il <i'l - '" " ~ .~ B eo ",-0 w.E: 18 :>< o Z o Z o Z o Z "' " :>< 18 :>< 18 :>< ~ 'il <i'l " " ~ -a I-. t::8 "-0 ~g "' " :>< o Z o Z o Z o Z "' " :>< o Z o Z o Z o Z o ;z: "' " >- 18 >- e .8 "' c " o o h o o Z o Z o Z o ;z: o Z "' " >- "' " >- P- o "" "' <10: a o ;z: o Z o Z o Z o Z "' " >- "' " >- "' " >- "' ~ e o 1;; h o '" tT ;J <3 ,S ~ 18 ~~ OQ <i'l " - onO ,s;:; on" -0 - 00 ..-l e o Z o Z o Z o Z o Z o Z o Z o Z o Z o Z o Z "' " >- 'E '" >. h " .0 e '" ..-l o Z "' " :>< o Z o Z o ;z: o Z o Z "' ~ "' ~ 'u <i'l " on e .8 '(' 'S ::B "' " o '~ "' -0 _ C '" '" '" _ 0 "',- '" "' o~ _ r1 0 .~ ~ a ~ o Z o Z o ;z: o ;z: o ;z: "' " :>< o Z o Z o ;z: o ;z: o Z "' " >- 18 >- "' " o .;: is '0 ~ ~ g .~ ~ 0.". ~ ~ ~ '" - '" - " "' " " CIlC!:l ~[ UI ~I ~I 01 ;z:, UI UI 0; og e e o o -0 <) ~ '" "' '" " ;:J ~ o Z .,; OJ c: o N ro 13 h OJ E E o U '0 OJ - c: OJ ;:: '? (; - 'in ;; '0 c: '" '" '0 h OJ e E o u c: :c - ~ ill h :> tl :> h - "' ro :;; c: OJ '0 'in OJ h on c: :p "' 'x OJ .E '0 OJ ~ .9 ro OJ h .. ::: OJ OJ .eo! oC QJ - h "' '" .g :> .s fI OJ 0 Dl)O '" <Xl j::~ o 0 u OJ '0 N c: 'in '" b1) '" c ~ :Q ID '5 c: .0 'f!j E .0 :> OJ E E x o '" ::c ::;< o Z o ;z: o ;z: o ;z: Q Q rl N .. c: OJ E OJ h S 0- OJ h >- - 'in c: OJ ." ro :p c: OJ '0 'in ~ o - - u OJ :0 => "' OJ ..0 - o c: ro .J:: '" ." '" c: '0 '" 0; .:1 12_ t: => j'; Dl) '" a ~ w ro ~ E ." h - '" o h C OJ OJ P. h hi : .52' E ~ o m E 0 Qj N - ai o rl E ul ~~ - OJ o OJ ::c '" m '<;t; JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT EXBIBITG 621 Sheridan Street Port Townsend, WA 98368 AI Scalf, Director FINAL DETERMINATION OF NON-SIGNIFICANCE AND LEAD AGENCY STATUS DATE: March 13,2012 PROPONENT: Jefferson County Planning Agency 621 Sheridan St Port Townsend, W A 98368 APPLICATION: MLA08-00257 - ZON08-00064 Proposal: UDC Text Amendment to allow the siting of Sexually Oriented Businesses within Commercial and Light Industrial areas of Jefferson County. This is a non-project action under WAC 197- 11-704(ii) which is, "the adoption or amendment of comprehensive land use plans or zoning ordinances." This amendment process has utilized the optional DNS process under WAC 197-11-355. Location: Non-site specific sites within the Rural Village Center, Convenience Crossroad, General Crossroad, Light Industrial, UGA Urban Commercial & UGA Visitor-Oriented Commercial zones of Jefferson County. NOTICE OF LEAD AGENCY: Jefferson County has determined it is lead agency for the above- described proposal. NOTICE OF NON-SIGNIFICANCE: Jefferson County has determined that the above-described proposal, would not have a probable significant adverse impact on the environment, and an environmental impact statement is not required under RCW 43.21 C.030(2)( c). This determination was made after review of a completed environmental checklist and other information on file with the Jefferson County Development Review Division and an inspection of the site. APPEAL PERIOD: This determination is issued pursuant to WAC 197-11-340. Jefferson County has considered comments on its preliminary determination of nonsignificance. There is no additional comment period. Any appeal of this determination on the basis of noncompliance with the provisions of Chapter 43.21c RCW (State Environmental Policy Act) may be made within 21 days to Superior Court. ~1l/312.()1Z- Date Buildina Permits! Inspections Development Review Division Long Ranoe Planning FAX: (360) 379-4451 (360) 379-4450 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street. Port Townsend, Washington 98368 360/3794450' 800/831-2678' 360/379-4451 Fax ENVIRONMENTAL CHECKLIST Purpose of checklist: The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to oonsider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for appDcants: This environmental checklist asks you to describe some basic information about your proposal. Govemmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you reaDy do not know the answar, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact A. BACKGROUND 1. Name of proposed project, If applicable: UDC Text Amendment to allow the siting of Sexually Oriented Businesses 2. Name of applicant Jefferson County PlanninQ Agency - DCD 3. Address and phone number of applicant and oontaC! person: 621 Sheridan St Port Townsend, WA 98368 David Wayne Johnson, Associate Planner 360-379-4465 4. Date checklist prepared: March 13,2012 5. Agency requesting checklist DC D 6. proposed timing or schedule (Including phasing, if applicable) SEP A Enviromnental Checklist Page 1 7. Do you have any plans for future additions, expansion, or further actMty related to or connected with this proposal? If yes, explain. N/A - non-site specific 8. List any environmental information you know about that has been prepared, or will be prepared, direclly related to this proposal. None 9. Do you know whether applications are pending for governmental approvals of other Proposals direclly affecting the properly covered by your proposal? if yes, expiain. No applications are pending 10. List any government approvals or permits that will be needed for your proposal, if known. Adoption of Ordinance to allow siting of SOBs 11. Give brief,complete description of your proposal, including the proposed uses and the size of the project and site. Thare are several questions later in this checklist that ask you to describe certain aspects of your proposaJ. You do not need to repeat those answers on this page. (Lead agencies may modify this form to inciude additional specific information On project description.) UDC Text Amendment to allow the siting of Sexually Oriented Businesses within Commercial and Light Industrial areas of Jefferson County. This is a non-project action under WAC 197-11-704(ii) which is, "the adoption or amendment of comprehensive land use plans or zoning ordinances." 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposad project, Including a street address, if any, and section,. township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site pian, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist Non-site specific sites within the Rural Village Center, Convenience Crossroad, General Crossroad, Light Industrial, UGA Urban Commercial & UGA Visitor-Oriented Commercial zones of Jefferson County. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Rat, roliing, hllly, steep slopes, mountainous, other. N/A - non-site specific SEP A Environmental Checklist Page 2 b. What is the steepest slope on the site (approximate percent slope)? N/A - non-site specific c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. N/A - non-site specific d. Are there surface indications or history of unstable soils in tha immediate vicinity? If so, descnbe. N/A - non-site specific e. Describe the purpose, type, and approximate quantities of any filUng or grading proposed. Indicate source of fill. N1A - non-site specific f. Could erosion occur as a resuit of clearing, construction, or usa? If so, generaliy describe. N1A - non-site specific g.About what percent of the site wili be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A - non-site specific h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None a.Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generaliy describe and give approximate quantities if known. Automobile, motorcycle b. Are there any off-site sources of emissions or odor that may affect your proposal? if so, generaliy describe. None c. proposed measures to reduce or control emissions or other impacts to air, if any: None 3. Water a. Surface: 1} Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. N/A - non-site specific SEP A Environmental Checklist Page 3 2) Will the project require any work over, in, or adjacent 10 (within 200 feet) the described walers? If yes, please describe and attach avaiiable plans. N/A - non-site specific 3) Estimate the amount of fiil and dredge material thai would be placed in or removed from surface water or wetiands and indicate the area of the site that would be affected. Indicale the source of fiil malerial. N/A - non-site specific 4) Will the proposal require surface waler wilhdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 1 DO-year floodplain? If so, note location on the site plan. N/A - non-site specific 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground: 1) Will ground water be withdrawn, or wiil water be discharged to ground water? Give general description, purpose, and approximate quantities if known. As part of public water system to serve site specific application 2) Describe wasle material that wJlJ be discharged inlo the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the foJlowing chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses 10 be served (if applicable), or the number of animals or humans the system(s) are expected 10 serve. Domestic Sewage c. Waler runoff (including stormwater): 1) Describe the source of runoff (Including storm water) and method of coJlection and disposal, if any (include quanlilies, if known). Where wiD this water flow? Will this waler flow Into other waters? If so, descnbe. N/A - non-site specific 2) Could waste materials enter ground or surface waters? If so, generaily describe. N/A - non-site specific d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A - non-site specific SEPA Environmental Checklist Page 4 4. Plants a. Check or circle types of vegetation found on the sne: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bulIrush, skunk cabbage, other water plants: water lily, eelgrass, mllfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? N/A - non-site specific c. List threatened or endangered species known to be on or near the sne. N/A - non-site specific d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the sne. if any: N/A - non-site specific 5. Animals a. Circle any birds and animals which have been observed on or near the sne or are known to be on or near the sne: birds: hawk, heron, eagle. songbirds, other: mammals: deer, bear, elk. beaver, other: fish: bass, salmon, trout. herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. N/A - non-site specific c. Is the site parl of a migration route? If so, explain. N/A - non-site specific d. proposed measures to preserve or enhance wildlife, if any: N/A - non-site specific 6. Energy and natural resources a. What kinds of energy (electric, natural gas, 011, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it wJ1J be used for heating. manufacturing, etc. Electric, natural gas, oil, wood stove, solar (heating, lighting, applicances) SEP A Environmental Checklist Page 5 b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A - non-site specific c. What kinds of energy conservation features are included in the plans of this proposal? Us! other proposed measures to reduce or control energy impacts, if any: None 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. None anticipated 1) Describe special emergency services that might be required. Standard fire and medic one services 2) Proposed measures to reduce or control environmental health hazards, if any: None b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Traffic 2) What types and levels of noise would be created by or associated with the project on a short- term or a long-term basis (for example: traffic, construction, operation. other)? Indicate what hours noise would come from the site. Traffic. Site specific project will require conditional use approval for hours of operation. 3) Proposed measures to reduce or control noise impacts, if any: Must meet State Noise Level Standards 8. Land and shoreline use a. What is the current use of the site and adjacent properties? N/A - non-site specific b. Has the site been used for agriculture? If so. describe. N/A - non-site specific SEPA Environmental Checklist Page 6 c. Describe any structures on the site. NfA - non-site specific d. Will any structures be demolished? If so, what? NfA - non-site specific e. What is the current zoning classification of the site? See #12 f. What is the current comprehensive plan designation of the site? See #12 g. If applicable, what is the current shoreline master program designation of the site? NfA h. Has any part of the site been classified as an "environmentally sensitive" or critical area? If so, specify. NfA - non-site specific i. Approximataly how many people would reside or work in the completed projecl? NfA - non-site specific j. Approximately how many people would the completed project displace? NfA - non-site specific k. proposed measures to avoid or reduce displacement impacts, if any: None I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Conditional use approval required for site specific projects 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- Income housing. N/A - non-site specific b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A - non-site specific c. Proposed measures to reduce or control housing impacts, if any: None SEP A Environmental Checklist Page 7 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principai exterior buiiding materiai(s) proposed? N/A - non-site specific b. What views in the immediate vicinity would be altered or obstructed? N/A - non-site specific c. Proposed measures to reduce or control aesthetic impacts, if any: None 11. Ught and glare a. What type of light or glare wiil the proposal produce? What time of day would it mainly OCCUl? Standard commercial lighting b. Could light or glare from the finished project be a safety hazard or interfere with views? lighting would be regulated under JCC 18.30.140 c. What existing off-site sources of light or glare may affect your Proposal? N/A - non-site specific d. Proposed measures to reduce or control light and glare impacts, if any: None 12. Recreation a. What designated and informal recreatlonal opportunities are in the immediate vicinity? N/A - non-site specific b. Would the proposed project displace any existing recreational uses? If so, describe. No, Site specific projects are not allowed within 1000 feet of recreational uses c. Proposed measures to reduce or control impacts on recreation, Including recreation opportunities to be provided by the project or applicant, if any: None 13. Historic and cultural preservation a. Are there any places or objects listed on, or proposed for, national, alate, or local preservation registers known to be on or next to the site? If so, generally describe. No, Site specific projects are not allowed within 1000 feet b. Generally describe any landmarks or evidence of historic, archaeological, scientilic, or cullural importance known to be on or next to the site. N/A - non-site specific c. Proposed measures to reduce or control impacts, if any: None SEPA Environmental Checklist Page 8 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. State Highways and County Roads in Commercial & LI zones b. Is sita currently served by public transit? If not, what Is the approximate distance to the nearest transit stop? N/A - non-site specific c. How many parking spaces would the completed project have? How many would the project eliminate? Site specific projects would be regulated by JCC 18.30.100 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally descnoe (indicate whether public or private). N/A - non-site specific e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A - non-site specific f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. N/A - non-site specific g. proposed measures to reduce or control transportation impacts, if any: None 15. Public services a. Would the project result In an increased need for public services (for example: lire proteclion, police proteclion, health care, schools, other)? If so, generally describe. Possibly, but not likely fire & police protection b. Proposed measures to reduce or control direct impacts on public services, if any. None Co Ver) SEP A Environmental Checklist Page 9 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. NfA - non-site specific b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. The above ans is relying on j to Signature: I understand that the lead agency Dale Submitted: ......~...l..?......:?-::.?..~..!:::.............___.................................................... ( SEP A EnvIronmental Checklist Page 10 JEFFERSON COUNTY PUBLIC NOTICE OF TYPE V LAND USE APPLICATION AND PENDING SEPA DETERMINATION MLAOa-00257 APPLICANT: JEFFERSON COUNTY PLANNING AGENCY 621 SHERIDAN ST PORT TOWNSEND WA 98368 Application Received Date: June 4, 2008 Application Complete Date: June 21,2010 Application Notice Date: June 23, 2010 SITE ADDRESS AND PROJECT LOCATION: County Wide Code Amendment PROJECT DESCRIPTION AND REQUIRED PERMITS/STUDIES: UDC TEXT AMENDMENT - to allow the siting of Sexually Oriented Businesses. COMMENT PERIOD AND WHERE TO VIEW DOCUMENTS: The application and any studies may be reviewed at the Jefferson County Department of Community Development. All interested persons are invited to (a) comment on the application; (b) receive notice of and participate in any hearings; and (c) receive a copy of the decision by submitting such written comment(s)/request(s) to the Jefferson County Department of Community Development, Development Review Division, 621 Sheridan Street, Port Townsend, WA 98368, (360) 379-4450. Comments conceming this application should be submitted to the Department by 4:30 p.m. on July 7, 2010. If the last day of the comment period falls on a weekend or holiday, then the comment period shall be extended to the first working day after the weekend or holiday. Comments submitted after this date may not be considered in the staff report. SEPA INFORMATION: The optional DNS process of WAC 197-11-355 is being used for this non-project action. This may be the only opportunity to comment on the environmental impacts of the proposal. The Department expects to issue a threshold determination of non-significance (DNS) under WAC 197-11-355. The DNS will become final after the end oflhe 14 day comment period. This may be your only opportunity to comment on the optional DNS. Project Planner: David Wayne Johnson, 360-379-4450 David W. Johnson From: Sent To: Cc: Subject: Attachments: David W. Johnson Thursday, March 15, 2012 3:37 PM 'ECY RE SEPA UNIT' David W. Johnson Notice of Final DNS FDNS SOBs.pdt Attached for the SEPA Register. J:i SAVE PAPER - Please do not print this e-maii unless absolutely necessary David Wayne Johnson Associate Planner - Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 All e-mail may be amsidered subject to the Public Records Act and as such may be disclosed to a third-party requestor. 1 EXHIBIT B 18.10.190 S definitions. "Sale" meaos the conveyance for consideratioo of legal or beneficial ownership. "Salt water intrusion" meaos the underground flow of salt water into weUs and aquifers. "Screening" meaos a method of visually shielding or obscuring a structure or use from view by fencing, waIls, trees, or densely planted vegetation. "Seaward" meaos to or toward the sea. Seawater Intrusion. (See "Salt water intrusion. ") "Seawater intrusioo protectioo zone (SIPZ)" meaos aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. "Serl+menmlioo" meaos the process by which material is transported and deposited by water or wind. "Seismic hazard areas" meaos areas subject to severe risk of damage as a result of eartbquake--induced ground shaking, slope failure, settlement, or soilliquefactioo. "Sensitive an:as" associated with lCC 1820345 Sexually Oriented Businesses includes: Schools, Day Care Facilities, Libraries, Off-road public tmils & paths, Public indoor recreational facilities, Hospitals, Parks & PlaygroUnds, PllU:eS of worship (ie, churches), Community Centers, Senior Citizen Centers, Cemeteries, Residential neighhorltoods, Master Plmmed Resorts. "Sensitive species" means species that could become threatened as classified by the State ofWashingtoo Department ofFish and Wildlife, Nongame Program, and the Department ofNatora1 Resources, Washington Natora1 Heritage Plan. "Service area" meaos a geographic area defined by a county or intergovernmental agreement in which a defined set of public facilities provides service to development within the area (e.g., an area identified by a public water system that includes the ability to provide a water tap). "Setback" meaos the distance a structure is placed behind a specified line or topographic featore. "Sewerage treatment facilities" meaos the management, storage, collection, traDsportation, treatment, utilization, and processing of sewage from a municipal or community sewage treatment plant, not including community drain fields. "Sexually Oriented Busin..... means I. Any exhibition, performance or dance conducted in an Sexually Oriented Business facility where such exhibition, performance or dance is distingoished or characterized hy a predominant emphasis 00 matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or 2 Any exhibition, perfoIDlllDce or dance intended to sexna1ly stimulate any patron and conducted in a Sexually Oriented Business faci1ity where such exhibition, perfOIDlllDCC or dance is performed for, arranged with, or engaged in with fewer than all patrons in the Sexually Oriented Business fucility at that time, with separate consideration paid, either directly or indirectly, for such perfoID1llDce, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are connnonly referred to as 1able dancing, conch dancing, taxi dancing, Isp dancing, private dancing or slrllddIe dancing. 3. Sexually Oriented Retail Store meaning an enclosed hnilding, or any portion thereof which, for money or any other fonn of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, lmnsfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to sexna11y oriented materials if the sale, exchange, rentaI, loan, trade, transfer or viewing of such sexually oriented materials is clearly material to the economie viability of the hnsiness. It is rehnttahly presumed that such sexna11y oriented materials are clearly material to the viability of the hnsiness if sexually oriented materials accounts for. 1. Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period; 2. Twenty-five percent or more of the !loor area of the store open to the publiC; 3. Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store; 4. Twenty-five percent or more of the store's inventory (whether measured by retail dollar value or nomber of items); or 5. Twenty-five percent or more of the store's stock in trade. In no event sha11 a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be considered a sexna11y oriented retail store. EXHIBIT H 4. Also see ICC 5.10.030 for a more complete list of definitions. "Shooting range" means a :fucility specifically designed and used for safe shooting practice with firearms and/or for archery practice, with individual or group firing positions for specific weaponry. "Shoreline Management Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW), as amended. "Shoreline Master Program (SMP)" means the Jefferson County Shoreline Master Program. == I ~ '" 5l ::> -c cu ,t:: ..0 :2 o ~ a. -c c '" -c ~ .2 <( .... , '" cu :B {!! g ui .... cO .... u u ~ ~1 ~I ~ """YlJl."I"9llBqJll !~ !~ ~_ W'dP""OJVP.....J H Jl '" a~pa..."""""'d.q-d :i! :i! 0 :i! :i! u 0 :i! :i! 0 :i! :i! 0 :i! z z z z - 1"lAJSIlPU] ,t....H :i! :i! :i! ~ :i! :i! 0 :i! :i! :i! 0 :i! :i! :i! z z - ("'"1""'1I _-II"b) 0 ~ ~ ~ :i! 0 :i! :i! :i! :i! ~ ~ :i! :i! ll<q,rap"l"~JI'!ttl, z z - ("''';) ""Il)) l"PI"llplll"llln 0 ~ ~ ~ :i! :i! :i! :i! :i! :i! ~ :i! :i! :i! z - <"''0....11)) u ~ ~ ~ :i! 0 :i! :i! 0 0 ~ ~ :i! 0 Jlll'UOOImtI;)lI'qJISllPU I "plJ, z z z ,. z - :i! :i! :i! :i! 0 0 :i! 0 0 :i! 0 :i! :i! :i! pl!IlOIlPu] po"'9....._ z z z z z - ""...."";)f1U"""1) u ~ ~ ~ ~ :i! ~ u ~ ~ u ~ ~ ~ ,. u u ~ - PIJIWWJ;}.Ilt\Sl;\J'llOOOJlIqq\lJ"ti :i! ~ ,,~ ~ ~ :i! ~ } ~ ~ 0 b~ Q ~I Q z~ z ! - paaJ......;)~,,:) u 0 0 ~ ~ :i! :i! 0 :i! :i! :i! :i! 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O.l E E 8 "0 O.l - c: O.l "t: o <. o .., ., ;; "t:I c: to " 'e O.l E E 8 c: :c - ;: in .. ::> ij ::> .. 1;; '" ., c: O.l "0 'il; ~ no c: ~ .~ .5 "t:I O.l ~ '" .Q ~ ro "C V) O.l c: "0 .. to" (Q 1d .t1 ~ ~~c:~ 'C CD :::l +-' 1;) '- QO In .g~.5B .5g-~~ O.l 0 ~ E bJ) 0 -0 .... rc 00 ... .E t: ~ 0 I... o 0 C OJ U ctl (IJ Q. -g -51 ~ J? rtl b:O tI) ...... V) c E U'l ~ :a 0 ;$; Q1 sed C.cQiN "Vi E '0 00 ::> ::> E .... ~E-'~ E 'x Qj -"I o ro '0 Q) :I: ::i1 :I: 8l ..; c: O.l E O.l .. 'S C' ~ l: ;;; c: O.l "t:I '" ., c: " "t:I ID .. o - ij O.l :0 ::> ., " .0 - o c: MNt'i'l...:t EXHIBIT B lCC 18.20 Performance Standards 18.20.340 Sewage sludge and septage. (I) Storage and treatment of sewage sludge and septage at any facility other than an approved sewerage system plant, and development of storage or treatment facilities, are indnstr.ial uses for the JlUIPOSe8 of this code and are subject to the site standards for industrial uses in this chapter and to approval by the county health department. (2) The application of sewage sludge and septage to land for disposal or for fertilization is subject to approval by the Jeffersou County board of health, or its desigoee, and state approval requirements. [Ord. 8-06 ~ I] 18.20.345 Sexually OrIented BusInesses (also see JCC 5.10) (I) Sexnal1y Oriented businesses (SOB) shall be located at least 1,000 feet from any sensitive site (see JCC 18.10.190 for definitions). (2) SOBs with live performances must be located 1,000 feet from the prop'" It line of (a) any business selling alcoholic drinks (b) any other SOB (3) Shall meet standards nnder JCC 1820.140 Commercial uses - Standards for site development 18.20.350 SmaIl-seale recreation and tourist uses. (I) Small-Scale Recreation and Tourist Uses. Small-scale recreationsl and tourist uses rely on a rural location and setting and provide opportonities to diversify the economy of rural Jefferson County by utilizing the county's abundant recreationsl opportonities and scenic and natoral amenities in an environmentally sensitive manner consistent with the rural character of the county. Upon approval pursuant to this code, these types of uses maybe condnctedin the land use districts specified in Table 3-1 inJCC 18.15.040 and as provided for in small-scale recreation and tourist (SRT) overlay districts under JCC 18.15.572. Agritourism on designated agricnltoral1ands is regulated in JCC 18.20.030. agriculmral activities and accessory uses. The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of small-scale recreation or tourist uses: (a) Aerial recreationsl activities 80ch as balloon rides, glider and parachute events; (b) Animal preserves and game farms; (c) Equestrian centers, on parcels 10 acres or larger in size; (d) Campgrounds aod camping facilities; (e) Commercial fishing ponds; (f) Culmral festivals; (g) Miniature golf, not to exceed a gross use area of one acre; (b) Model hobby parks and sites on parcels 10 acres or larger in size; (i) Outdoor recreationsl equipment rental and/or guide services; (j) Outdoor shooting and archery ranges; (k) Private hunting or fisbing camps; (1) Public display gardens; (m) Recreational off-road vehicle (ORY) and all terrain vebicle (ATV) parks and recreational areas on parcels 20 acres or larger in size; (n) Recreational, cnImral or religious conference center/retreat facilities on parcels 10 acres or larger in size; (0) Recreationsl vehicle parks, travel trailer parks, and commercial campgrounds on parcels at least five acres in size; (P) Rural restamants, only when associated with a primary recreationsl or tourist use; and (q) Rural recreational lodging or cabins for overnight rental on parcels 10 acres or larger in size. (2) Unnamed Small-Scale Recreation or Tourist Uses. Other uses not specifically named above may be classified as small-scale recreational and tourist uses by the administrator, subject to the provisions of this section, upon docwnentation by the applicant that the proposed use is dependent upon a particnlar rural location or setting and is consistent with the intent and application ofRCW 36.70A070(5)(d) and the Jefferson County Comprehensive P1ao.