AN ORDINANCE relating to land use and zoning; amending Chapters 23.47A, Commercial zones; 23.48, Seattle Mixed zone; 23.49, Downtown zones; 23.50, Industrial zones; 23.54, Parking and Access; and 23.84A, Definitions; of the Seattle Municipal Code, adopting regulations for the establishment and location of new or expanding adult cabarets.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Council Findings and Analysis. The City Council's Findings and Analysis are in Attachment 1 to this ordinance.

Section 2. Section 23.47A.004 of the Seattle Municipal Code, which section was enacted by Ordinance 122311, is amended to add a new subsection as follows:

23.47A.004 Permitted and prohibited uses.

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H. Adult Cabarets.

1. Any lot line of property containing any proposed new or expanding adult cabaret must be eight hundred (800) feet or more from any lot line of property containing any community center; child care center; school, elementary or secondary; or public parks and open space use.

2. Any lot line of property containing any proposed new or expanding adult cabaret must be six hundred (600) feet or more from any lot line of property containing any other adult cabaret.

IH. The terms of Chart A are subject to any applicable exceptions or contrary provisions expressly set forth in this title.

Section 3. Subsection C.3, Entertainment Uses, of subsection C of Chart A of Section 23.47A.004 of the Seattle Municipal Code, which section was enacted by Ordinance 122311, is amended as follows:

Chart A for Section 23.47A.004 Uses in Commercial Zones

PERMITTED AND PROHIBITED USES BY ZONE (1) USES NC1 NC2 NC3 C1 C2 * * * C. COMMERCIAL USES * * *

C.3. Entertainment Uses C.3.a. Cabarets, adult (14) X P P P P

C.3.b Motion picture theaters, X 25 P P P a adult

C.3.c Panorams, adult X X X X X b.

C.3.d Sports and recreation, 10 25 P P P c. indoor

C.3.e Sports and recreation, X X X(2) P P d. outdoor

C.3.f Theaters and spectator X 25 P P P e . sports facilities * * *

KEY A = Permitted as an accessory use only CU = Administrative Conditional Use (business establishment limited to the multiple of 1,000 sq. ft. of any number following a hyphen, according to 23.47A.010) CCU = Council Conditional Use (business establishment limited to the multiple of 1,000 sq. ft. of any number following a hyphen, according to 23.47A.010) P = Permitted S = Permitted in shoreline areas only X = Prohibited 10 = Permitted, business establishments limited to 10,000 sq. ft., according to 23.47A.010 20 = Permitted, business establishments limited to 20,000 sq. ft., according to 23.47A.010 25 = Permitted, business establishments limited to 25,000 sq. ft., according to 23.47A.010 35 = Permitted, business establishments limited to 35,000 sq. ft., according to 23.47A.010 50 = Permitted, business establishments limited to 50,000 sq. ft., according to 23.47A.010

NOTES

(1) In pedestrian-designated zones, a portion of the street-level street-facing facade of a structure along a designated principal pedestrian street may be limited to certain uses as provided in section 23.47A.005E. In pedestrian-designated zones, drive-in lanes are prohibited (Section 23.47A.028).

(2) Permitted at Seattle Center.

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(14) Subject to subsection 23.47A.004 H.

Section 4. Section 23.48.004 of the Seattle Municipal Code, which section was enacted by Ordinance 118302, is amended as follows:

23.48.004 Permitted uses.

A. All uses are permitted outright, either as principal or accessory uses, except those specifically prohibited by Section 23.48.006 and those permitted only as conditional uses by Section 23.48.008.

B. Adult cabarets must comply with the requirements of 23.47A.004 H.

Section 5. Chapter 23.49 of the Seattle Municipal Code is amended to add a new section as follows:

23.49.030 Adult Cabarets.

A. Any lot line of property containing any proposed new or expanding adult cabaret must be eight hundred (800) feet or more from any lot line of property containing any community center; child care center; school, elementary or secondary; or public parks and open space use.

B. Any lot line of property containing any proposed new or expanding adult cabaret must be six hundred (600) feet or more from any lot line of property containing any other adult cabaret and must be six hundred (600) feet or more from any lot line of property containing any adult panoram or adult motion picture theater.

Section 6. Section 23.50.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 122311, is amended to add a new subsection E as follows:

23.50.012 Permitted and prohibited uses.

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E. Adult cabarets

1. Any lot line of property containing any proposed new or expanding adult cabaret must be eight hundred (800) feet or more from any lot line of property containing any community center; child care center; school, elementary or secondary; or public parks and open space use.

2. Any lot line of property containing any proposed new or expanding adult cabaret must be six hundred (600) feet or more from any lot line of property containing any other adult cabaret.

Section 7. Subsection C.3, Entertainment Uses, of section C of Chart A of Section 23.50.012 of the Seattle Municipal Code, which chart was last amended by Ordinance 122311, is amended as follows:

Chart A For Section 23.50.012 Uses in Industrial Zones

PERMITTED AND PROHIBITED USES BY ZONE

USES IB IC IG1 and G1 in the IG2 in IG2 Duwamish the (general) M/I Duwamish Center M/I Center

* * *

C. COMMERCIAL USES * * *

C.3. Entertainment Uses

C.3.a. Cabarets, adult P(12) P(12) X X X

C.3.b Motion picture X X X X X a theaters, adult

C.3.c Panorams, adult X X X X X b

C.3.d Sports and recreation, P P P X P c. indoor

C.3.e Sports and recreation, P P P X P d. outdoor

C.3.f Theaters and spectator e. sports facilities

C.3.f Lecture and meeting P P P P P eI. halls .

C.3.f Motion picture P P P X X eii. theaters

C.3.f Performing arts P P P X X eiii. theaters

C.3.f Spectator sports P P P X(2) X(2) e facilities

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KEY CU = Administrative conditional use CCU = Council conditional use EB = Permitted only in a building existing on October 5, 1987 EB/CU = Administrative conditional use permitted only in a building existing on October 5, 1987. P = Permitted X = Prohibited

NOTES

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(2) Parking required for a spectator sports facility or exhibition hall is allowed and shall be permitted to be used for general parking purposes or shared with another such facility to meet its required parking. A spectator sports facility or exhibition hall within the Stadium Transition Overlay Area District may reserve parking. Such reserved non-required parking shall be permitted to be used for general parking purposes and is exempt from the one (1) space per six hundred fifty (650) square feet ratio under the following circumstances:

(a) The parking is owned and operated by the owner of the spectator sports facility or exhibition hall, and

(b) The parking is reserved for events in the spectator sports facility or exhibition hall, and

(c) The reserved parking is outside of the Stadium Transition Overlay Area District, and south of South Royal Brougham Way, west of 6th Avenue South and north of South Atlantic Street. Parking that is covenanted to meet required parking will not be considered reserved parking.

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(12) Subject to subsection 23.50.012 E.

Section 8. Chart A for Section 23.54.015 of the Seattle Municipal Code, which chart was last amended by Ordinance 122311, is amended as follows:

Chart A for Section 23.54.015

PARKING FOR NONRESIDENTIAL USES OTHER THAN INSTITUTIONS

Chart A for Section 23.54.015 PARKING FOR NONRESIDENTIAL USES OTHER THAN INSTITUTIONS

Use Minimum parking required

A. AGRICULTURAL USES 1 space for each 2,000 square feet B. COMMERCIAL USES B.1. Animal shelters and kennels 1 space for each 2,000 square feet B.2. Eating and drinking 1 space for each 250 square feet establishments B.3. Entertainment Uses 1 space for each 8 fixed seats, or , general, except as noted 1 space for each 100 square feet below (1) of public assembly area not containing fixed seats B.3.a. Adult cabarets 1 space for each 250 square +{ feet B.4. Food processing and craft work 1 space for each 2,000 square feet

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NOTES (1) Required parking for spectator sports facilities or exhibition halls must be available when the facility or exhibition hall is in use. A facility shall be considered to be "in use" during the period beginning three (3) hours before an event is scheduled to begin and ending one (1) hour after a scheduled event is expected to end. For sports events of variable or uncertain duration, the expected event length shall be the average length of the events of the same type for which the most recent data are available, provided it is within the past five (5) years. During an inaugural season, or for nonrecurring events, the best available good faith estimate of event duration will be used. A facility will not be deemed to be "in use" by virtue of the fact that administrative or maintenance personnel are present. The Director may reduce the required parking for any event when projected attendance for a spectator sports facility is certified to be fifty (50) percent or less of the facility's seating capacity, to an amount not less than that required for the certified projected attendance, at the rate of one (1) space for each ten (10) fixed seats of certified projected attendance. An application for reduction and the certification shall be submitted to the Director at least fifteen (15) days prior to the event. When the event is one of a series of similar events, such certification may be submitted for the entire series fifteen (15) days prior to the first event in the series. If the Director finds that a certification of projected attendance of fifty (50) percent or less of the seating capacity is based on satisfactory evidence such as past attendance at similar events or advance ticket sales, the Director shall, within fifteen (15) days of such submittal, notify the facility operator that a reduced parking requirement has been approved, with any conditions deemed appropriate by the Director to ensure adequacy of parking if expected attendance should change. The parking requirement reduction may be applied for only if the goals of the facility's Transportation Management Plan are otherwise being met. The Director may revoke or modify a parking requirement reduction approval during a series, if projected attendance is exceeded. * * *

Section 9. Section 23.84A.002 "A." of the Seattle Municipal Code, which section was enacted by Ordinance 122311, is amended as follows:

23.84A.002 "A."

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"Administrative office." See "Office." "Adult cabaret." See "Entertainment use." "Adult care center." See "Institution." "Adult family home." See "Residential use." "Adult motion picture theater." See "Entertainment use." "Adult panoram." See "Entertainment use."

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Section 10. Section 23.84A.006 "C." of the Seattle Municipal Code, which section was enacted by Ordinance 122311, is amended as follows:

23.84A.006 "C."

"C zone." See "Zone, general commercial." "Cabaret, adult." See "Entertainment use." "Candelabra mounting." See "Communication devices and utilities."

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Section 11. Section 23.84A.010 "E." of the Seattle Municipal Code, which section was enacted by Ordinance 122311, is amended as follows:

23.84A.010 "E."

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"Entertainment use" means a commercial use in which recreational, entertainment, athletic, and/or cultural opportunities are provided for the general public, either as participants or spectators. Uses accessory to institutions or to public parks or playgrounds shall not be considered entertainment uses. Entertainment uses include the following uses:

1. "Cabaret, adult" means an entertainment use where licensing as an "adult entertainment premises" is required by SMC Chapter 6.270.

21. "Motion picture theater, adult" means a use in which, in an enclosed building, motion picture films are presented that are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas," as defined in this subsection, for observation by patrons therein:

a. "Specified sexual activities": (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. b. "Specified anatomical areas": (1) Less than completely and opaquely covered: (a) Human genitals, pubic region, (b) Buttock, or (c) 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.

32. "Panoram, adult" means a device which exhibits or displays for observation by a patron a picture or view from film or videotape or similar means which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in subsection 21.

43. "Sports and recreation, indoor" means an entertainment use in which facilities for engaging in sports and recreation are provided within an enclosed structure, and in which any spectators are incidental and are not charged admission. Examples include but are not limited to bowling alleys, roller and ice skating rinks, dance halls, racquetball courts, physical fitness centers and gyms, and videogame parlors.

54. "Sports and recreation, outdoor" means an entertainment use in which facilities for engaging in sports and recreation are provided outside of an enclosed structure, and in which any spectators are incidental and are not charged admission. Examples include tennis courts, water slides, and driving ranges.

65. "Theaters and spectator sports facilities" means an entertainment use in which cultural, entertainment, athletic, or other events are provided for spectators either in or out of doors. Adult motion picture theaters and adult panorams shall not be considered theaters and spectator sports facilities for the purposes of this definition. Theaters and spectator sports facilities include, but are not limited to, the following uses:

a. "Lecture and meeting hall" means a theater and spectator sports facility intended and expressly designed for public gatherings such as but not limited to commercial spaces available for rent or lease for the purpose of holding meetings or the presentation of public speeches.

b. "Motion picture theater" means a theater and spectator sports facility use intended and expressly designed for the presentation of motion pictures, other than an adult motion picture theater.

c. "Performing arts theater" means a theater and spectator sports facility intended and expressly designed for the presentation of live performances of drama, dance and music.

d. "Spectator sports facility" means a theater and spectator sports facility intended and expressly designed for the presentation of sports events, such as a stadium or arena.

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Section 12. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision is not intended to affect the validity of any other provision of this ordinance or the validity of any provision contained within another ordinance or code.

Section 13. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2007, and signed by me in open session in authentication of its passage this _____ day of ____________, 2007. _________________________________ President __________of the City Council

Approved by me this _____ day of ____________, 2007. _________________________________ Gregory J. Nickels, Mayor

Filed by me this _____ day of ____________, 2007. ____________________________________ City Clerk

Attachment 1: City Council's Findings and Analysis

5/23/07 v#6 t

ATTACHMENT 1

City Council's Findings and Analysis

The proposed amendments to the City's zoning regulations for the location of new or expanding adult strip clubs would prohibit new or expanding strip clubs in Industrial General 1 and Industrial General 2 (IG1 and IG2) zones citywide, and would require that these clubs be separated a certain distance from two categories of land use.

Under existing zoning, new or expanding strip clubs are already prohibited in IG1 and IG2 zones in the Duwamish Manufacturing and Industrial Center. The proposed legislation, as amended, would extend this prohibition to IG1 and IG2 zones citywide. This makes the zoning consistent citywide, and protects these most-intensive industrially-zoned lands for industrial uses. This approach is also consistent with the Seattle Planning Commission's position: "The Planning Commission has been a strong advocate for reserving industrial land for industrial uses."

Regarding the buffers required from two categories of land use, included in the first category are locations where children congregate. This includes schools, child care centers, community centers, and public parks or open space areas. There is some evidence that the presence of adult uses may correspond with increased levels of crime in an area, including sex-related crimes such as prostitution. In addition, because alcohol is not served inside strip clubs in Washington, and because recreational drugs are illegal, it is believed that consumption of alcohol and drugs may occur in club parking lots, on adjacent public streets, or in the surrounding neighborhood. These activities are particularly problematic and incompatible with locations where children congregate. The Seattle Planning Commission recognized this, and advised that the "City Council may want to consider other ways to regulate this land use, such as applying buffer zones to separate adult cabarets from sensitive uses." Therefore, it is appropriate to require a buffer between new adult strip clubs and places where children tend to congregate. To accomplish this, this zoning proposal would prohibit new or expanding adult strip clubs within 800 feet of an elementary or secondary school, a child care center, a community center, or a public park or open space area.

The second proposed buffer would require new or expanding strip clubs to be at least 600 feet from other strip clubs, and at least 600 feet from adult panorams and adult motion picture theaters, which are allowed in certain downtown zones. The courts have recognized that adult uses may be dispersed in this manner in order to reduce the possible secondary effects of adult uses on the surrounding neighborhood.

Although cities normally have broad discretion to establish development standards for various land uses, such as development "set backs" and buffers, adult strip clubs are unique because they enjoy constitutional protection that most other land uses lack. Therefore the City Council must consider whether the prohibition against new or expanding adult strip clubs in IG1 and IG2 zones and the adoption of the proposed buffer requirement may violate the constitutional rights of citizens who may wish to operate a strip club.

The principal constitutional criterion is a requirement that a city's zoning provide an adequate number of possible locations for new strip clubs. Whether the number of locations is adequate depends in part upon the number of new strip clubs that may seek to open. Seattle has had about four strip clubs in operation in recent years. In 2004, the City received one application to open a new strip club, but the club never opened. The City has received no applications since 2004. Despite the absence of applications, the City is required to assume that some persons may wish to open new strip clubs at some future time, and the City is required to accommodate that potential need. Therefore, the City assumes for purposes of this analysis that the potential market demand for strip clubs might be double the historic demand. Although this level of demand is unlikely in light of the history of this use in Seattle, the City chooses to err on the safe side in light of the constitutional constraints. In other words, for purposes of the market demand analysis, the City's zoning ordinance should allow up to four new strip clubs to locate in the city. However because the courts generally require that the ratio of potential locations to potential clubs exceed one to one, the City's zoning ordinance should allow for a larger number of viable locations for the location of new strip clubs.

Staff has analyzed the effect that adoption of the prohibition against new or expanding adult strip clubs in IG1 and IG2 zones and the proposed buffer requirements may have upon the number of sites that are available for the location of new, potential strip clubs. The result is that there are over 300 acres, comprised of over 1000 parcels of land, on which new strip clubs would be allowed. The areas are located throughout the city, and are easily accessible via the city's transportation systems. There are numerous buildings of varied sizes and types that could reasonably accommodate a new adult strip club.

In conclusion, the Council believes that the proposed zoning change and buffer requirements meet constitutional standards for the zoning of adult uses, and that the proposed amendments may therefore be adopted.