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A. Sexually oriented businesses shall not be operated in any zoning district other than general commercial and light industrial zoning districts as defined and described in the city’s zoning code and specifically shall only operate within those portions of said zones as shown on the map attached to the ordinance codified in this chapter (“Sexually Oriented Business Overlay Zoning Map”) and by this reference incorporated herein.

B. The department may not issue an initial sexually oriented business license covering premises, if at the time the initial license is to be issued the premises are within a buffer zone of five hundred feet surrounding another business of a type classified in MMC 5.48.030. For the purposes of this subsection, measurement must be made in a straight line without regard to the intervening structures or objects, from the nearest portion of the business footprint used as the part of the premises where a sexually oriented business is conducted to the nearest business footprint of the premises of a use listed in this section. The presence of a city, county, or other political subdivision boundary is irrelevant for the purposes of calculating and applying the distance requirements of this section.

C. Alternative Buffers. Exceptions to the five hundred foot requirement established under subsection (B) of this section may be made as a conditional use where geographical, physical and/or road layout provide an adequate buffer to the locations listed in this section. Examples are rivers, streams, and roadways, such as SR 522, cliffs, railroad tracks, and building and local business configurations. Such requests shall be made to the hearing examiner as a conditional use and the hearing examiner shall make a finding whether or not the proposed buffer adequately protects the city’s interest as well as or better than the five hundred foot requirement in this section.

D. A sexually oriented business lawfully operated on the effective date of the ordinance codified in this chapter is in violation of subsection (B) of this section if deemed a nonconforming use. The nonconforming use is permitted to continue for a period not to exceed three years unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. The nonconforming uses may not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within five hundred feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operated at a particular location is the conforming use and the latter established business is nonconforming.

E. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, after the grant or renewal of the sexually oriented business license, of a use listed in MMC 5.48.030 within the buffer zone or five hundred feet of the sexually oriented business. This subsection applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked.

F. The department may rely on the measurements of the designated city official of the relevant local jurisdiction in determining the boundaries of a buffer zone. (Ord. 029/2003)