HomeMy WebLinkAboutORD 4828Amends ORD #3526, 4261,4963
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4828
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING SECTION 4-3-010 OF CHAPTER 3, ENVIRONMENTAL
REGULATIONS AND SPECIAL DISTRICTS, SECTION 4-10-010 OF
CHAPTER 10, NONCONFORMING STRUCTURES, USES AND LOTS,
AND SECTIONS 4-11-010 AND 4-11-190 OF CHAPTER 11,
DEFINITIONS, OF TITLE 4 (DEVELOPMENT REGULATIONS), OF
ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY
ADDING PROVISIONS TO REGULATE THE LOCATION OF ADULT
RETAIL USES, AND ADDING DEFINITIONS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I. Section 4-3-010. A, of Chapter 3, Environmental Regulations and Special
Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington is hereby amended to read as follows:
A. PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows,
panorams, adult retail uses, and places of adult entertainment are prohibited:
1. Within one thousand feet (1,000') of any residential zone (RC, R-l,R-5, R-8, R-10, RM,
COR, RMH) or any single-family or multiple-family residential use.
2. Within one thousand feet (1,000') of any public or private elementary or secondary
school.
3. Within one thousand feet (1,000') of any family day-care, day care center for children,
nursery, or pre-school.
4. Within one thousand feet (1,000') of any church or other facility or institution used
primarily for religious purposes.
5. Within one thousand feet (1,000') of any public park or P-l zone.
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ORDINANCE NO. 4828
EXCEPT: Adult Retail Uses and Adult Entertainment Businesses, as defined herein, shall be
permitted within those zones within the Employment Area Valley (EAV) land use designation of
the Comprehensive Plan and south of1-405, and are not subject to the distance requirements set
out herein.
SECTION IL Section 4-3-010, of Chapter 3, Environmental Regulations and Special
Districts, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington is hereby amended by adding the
following subsection which reads as follows:
E. NONCONFORMING USES.
1. Amortization Schedule:
Any adult entertainment, activity, use, or retail use located within the city limits on
the effective date of Ordinance No. 4827 that is made nonconforming by this ordinance
shall be terminated within one (1) year.
2. Extension Requests.
a. Timing:
Such termination date may be extended upon the approval of an
application filed with the City within 120 days of the effective date of this ordinance requesting
an extension to such one (1) year amortization period.
b. Decision Criteria:
The administrative decision on whether or not to approve any extension
period and the length of such period shall be based upon the apphcant demonstrating a
significant economic hardship that is based on an irreversible financial investment or
commitment unique to that location made prior to the effective date of this ordinance including,
but not limited to, fixed assets and tenant improvements. A determination of significant
economic hardship shall be based upon the degree to which the requirements of this ordinance
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ORDINANCE NO. 4828
diminish the viability of the business or precludes reasonable alternative uses of the subject
property.
c. Process:
The extension request shall be processed as a Type V procedure pursuant
to RMC 4-8-080.G.
d. Maximum Extension Period:
No extension period shall be greater than one year.
e. Appeals.
Rights to appeal the decision are governed by the provisions of RMC 4-8-
110.E.8 and RMC 4-8-110.F.6.
SECTION III. Section 4-10-010 of Chapter 10, Nonconforming Structures, Uses and
Lots, of Title 4 (Development Regulations), of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington is hereby amended by adding a new section which
reads as follows:
4-10-010.D.5: Amortization of Adult Uses:
For amortization of legal nonconforming adult entertainment, activity, use, or retail use, see
section 4-3-010.E.
SECTION IV. Section 4-11-010 Definitions A, of Chapter 11, Definitions, of Title 4
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington is hereby amended by adding the following definitions which read
as follows:
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ORDINANCE NO. 4828
ADULT RETAIL USE: A retail establishment which, for money or any other form of
consideration, either: (a) has as one of its principal purposes to sell, exchange, rent, loan, trade,
transfer, and/or provide for viewing or use, off the premises, any adult oriented merchandise; or
(b) provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer,
and/or provide for viewing or use, off the premises, any adult oriented merchandise.
ADULT ORIENTED MERCHANDISE: Any goods, products, commodities, or other wares,
including but not limited to, videos, CD Roms, DVDs, magazines, books, pamphlets, posters,
cards, periodicals or non-clothing novelties, which depict, describe or simulate specified
anatomical areas or specified sexual activities. This definition is not intended to include movies
rated R by the Motion Picture Association of America or its successor organization.
SECTION V. Section 4-11-190 Definitions S, of Chapter 11, Definitions, of Title 4
(Development Regulations), of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington is hereby amended by adding the following definitions which read
as follows:
SPECIFIED ANATOMICAL AREAS:
1. Less than completely and opaquely covered human genitals, anus, pubic region,
buttock, or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or
bestiality;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female
breasts, whether clothed or unclothed, of oneself or of one person by another; or
4. Excretory functions as part of or in connection with any of the activities set forth in
this definition.
SECTION VI. If any sentence, clause, or portion of this Chapter shall be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Chapter.
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ORDINANCE NO. 4828
SECTION VII. This ordinance will be effective upon its passage, approval and 30
days after publication.
PASSED BY THE CITY COUNCIL this 24th day of January
Marilyn J.Tefesen, City Clerk
2000.
APPROVED BY THE MAYOR this 24th day of January 2000.
Jesse^anner, Mayor
Approved as to legal form
Lawrence J. Warren, City Attorney
Date of Publication: January 28, 2 000 (Summary)
ORD.783:01/05/2000:as.
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