Chapter 10.54
LIMITED APPAREL BUSINESSES
Sections:
10.54.030 Development standards for limited apparel business facility.
10.54.010 Purpose.
All limited apparel business facilities and uses, as defined herein, shall comply with the requirements of this chapter, in addition to any other relevant provisions of this title. The purpose and intent of requiring standards for limited apparel business facilities and listed uses is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the county.
(Ord. 501 (2013) § 1, 2013)
10.54.020 Definitions.
(1) A limited apparel business facility is defined as any establishment that does not provide adult entertainment activities found under Chapter 10.52, Adult Entertainment, but that in which a person provides retail services to the general public in a state of partial nudity.
(2) “State of partial nudity” means a state of dress or undress not constituting a state of nudity in which any of the following body parts or portions thereof is exposed to view or covered with anything other than a full and opaque covering:
(a) Any part of the genitals, buttocks, or anal cleft; or
(b) Any part of the female breast located below the top of the areola.
A “state of partial nudity” exists when the above are covered by items commonly known as pasties, G-strings, T-backs, dental floss, and thongs; body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface; any substance that can be washed off the skin; or any substance designed to simulate or which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this subsection.
(Ord. 501 (2013) § 2, 2013)
10.54.030 Development standards for limited apparel business facility.
Limited apparel business facilities shall be restricted to specific zones as indicated in Chapter 17.410, Allowed Uses, subject to the following additional requirements:
(1) Signage. Signage for limited apparel business facilities shall comply with the provisions of Chapter 17.510, Signs. Nowhere on the signage or on the building visible to outside passersby shall appear any insignias, pictures, or drawings of suggestive sexual acts or actions, or which represent any explicit sexually oriented material. Notwithstanding the foregoing, signs must include a warning of the specific nature of the business to the general public, such as “This premise is not family oriented” or “Parental Advisory: Explicit Content Ahead.” Signage must provide a visible warning at the ingress of each limited apparel business and be at a minimum of eighteen inches by twenty-four inches with a legible font size. Below is an example of signage that should be displayed at the entrance of every limited apparel business:
(2) Screening. A full sight-obscuring visual separation from the general public and the employees of a limited apparel business shall be implemented. The limited apparel business facility shall be fully screened on any side where there is an operating window, by an eight-foot-high fence or an eight-foot-high landscape buffer approved by the department of community development. View obstructing screenage must begin at a maximum of two feet from the surface of which it is constructed or planted.
(3) Location. No limited apparel business facility shall be located closer than eight hundred feet to any residential zoning district. This requirement applies whether such residential zoning district is located within or outside the city limits of any adjacent city or other zoning jurisdiction.
(a) No limited apparel business facility shall be located closer than eight hundred feet to any of the following uses or community entranceways, and no use listed in this subsection (3)(a) shall be located closer than eight hundred feet to any limited apparel business facility, whether or not such use or entranceway is located within or outside the city limits of any adjacent city or county:
(i) Any public park;
(ii) Any public library;
(iii) Any public or private nursery school or preschool;
(iv) Any public or private primary or secondary school;
(v) Any licensed day care;
(vi) Any community youth center;
(vii) Any church or other house of worship;
(viii) Any adult entertainment business;
(ix) Any other limited apparel business.
(b) Measurement. The eight-hundred-foot buffer required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed limited apparel business facility to the nearest point on the boundary lines of the zoning districts, parcels containing uses, and the right-of-way of entranceways listed in subsection (3)(a) of this section.
(c) Age. All employees or owners of a limited apparel business must be eighteen years or older.
(4) Nonconforming Use.
(a) Limited apparel businesses will not be considered legal nonconforming uses and will not be subject to Chapter 17.570. An existing limited apparel business that abandons or ceases operation for six months or more must comply with all code provisions before re-opening.
(b) With the exception of subsection (3) of this section regarding locational standards, a limited apparel business in existence and operating upon the effective date of the ordinance codified in this chapter shall comply with the provisions herein within sixty days. A limited apparel business excepted from compliance with subsection (3) of this section regarding locational standards may change ownership and continue to operate under this exception so long as it meets all other standards.
(5) Certification. Prior to conducting business, a limited apparel business shall apply for and receive a one-time certification from the director of the department of community development that the business fully complies with this code. Limited apparel businesses that were in existence and operating upon the effective date of the ordinance codified in this chapter shall have ninety days from the effective date of the ordinance codified in this chapter to apply for such certification. The fee for such a certification shall be based on an hourly rate established in the department of community development fee structure, not to exceed two hours unless deemed necessary by the director, department of community development, and the applicant is notified of the circumstances which warrant the additional hours prior to work commencing. The certification shall not be transferable upon a change in ownership.
(Ord. 501 (2013) § 3, 2013)