§ 21.67.070. Waiver of distance requirements.

The following procedures and criteria shall be adhered to with regard to a request for waiver of distance requirements:

A.

Distance Waiver Required. Any party proposing to locate an adult facility within less than the required distances from uses or zones as specified in this chapter may do so only after obtaining a waiver therefor from a hearing examiner through a special use permit process.

B.

Waiver Notice Requirements. In addition to the notice requirements for special use permits, first class mailing notice shall be made to all parties within the distance set forth in Section 21.67.030A or 21.67.030B, depending upon the use in question.

C.

Criteria for Decision. The final decision on the request for waiver of distance shall be made by the hearing examiner based on consideration of the following:

1.

The extent to which the physical features would result in an effective separation in terms of visibility and access;

2.

Compatibility with adjacent and surrounding land uses;

3.

The availability or lack of alternative locations for the proposed use; and

4.

The ability to avoid the adult facility by alternative vehicular and pedestrian routes.

(Ord. 11422 § 1 (part), 1997: Ord. 11274 § 1 (part), 1996)