20.12.080 Adult entertainment | Bellingham Municipal Code

20.12.080 Adult entertainment.

A. Adult entertainment uses shall be prohibited in all use districts unless they are located in the adult entertainment overlay district as shown in Figure 20.12.080(A) with individual properties delineated in more detail in Figures 20.12.080(B), (C), and (D). Adult entertainment uses within an overlay district may only be permitted in these planned industrial zones if specifically approved through the planned development process pursuant to Chapter 20.38 BMC. Planned development contracts, resolutions or ordinances which specify that all uses listed in the planned industrial district are permitted, but do not specifically list adult entertainment, shall not be construed to allow adult entertainment uses.

B. Adult entertainment uses are prohibited within 500 feet of the following; provided, that an adult entertainment use shall not be made nonconforming by the location of one of the following uses within 500 feet after the adult entertainment use has become established:

1. Use districts with a general use type of residential single, residential multi, or any other type of residential classification; or districts which specify residential uses as a mixed use;

2. Another adult entertainment use or an adult motel as defined in BMC 6.30.020;

3. A single or multiple-family residential use;

4. Public or private primary or secondary schools or facilities owned and operated by such schools;

5. Day care centers, preschools, nurseries, or other child care facilities;

6. Public parks, including trails, vistas and other recreational facilities;

7. Churches, temples, synagogues and chapels;

8. Public facilities, including but not limited to libraries, post offices, government offices and courthouses;

9. Residential, day treatment or workshop facilities primarily oriented to the physically or mentally disabled;

10. Senior citizen service centers or residential facilities with the primary emphasis oriented to senior citizens;

11. Historic landmarks as formally designated by city, state or national guidelines;

12. Taverns or bars where alcoholic beverages are sold and consumed.

C. The 500-foot distance shall be a straight, horizontal line, measured from the nearest point of the wall of the building or portion of the building (for example, a tenant space within a multi-tenant building) proposed to be used for an adult entertainment use to:

1. The same point of another adult entertainment use;

2. A lot or portion of a lot owned or leased for any of the uses listed in subsection (B)(3) through (11) of this section; or

3. A residential land use district as described in subsection (B)(1) of this section.

D. The following sign and display regulations apply to all adult entertainment uses which are nonconforming uses. These regulations are also intended to be used as guidelines for drafting sign regulations for planned contracts allowing adult entertainment uses.

Each use shall be limited to one sign, flush against the wall of the building, not to exceed 100 square feet per face. There shall be no pictorial or graphic symbols on the sign, on any portion of the building, or in a window display visible to the public. Revolving, moving and flashing signs are prohibited. Inflatable signs, banners, private flags, streamers, twirlers, balloons, advertising search lights and flares are prohibited. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign are prohibited. No sign shall extend higher than the top of the wall or parapet of the building and shall not be higher than 25 feet. Roof signs are prohibited. Informational material on the outside of the building in window displays visible to the public, including the sign, is limited to the name and address of the business, identification of the establishment as an adult use, and the days and hours of operation. No signs shall be oriented to the freeway (I-5).

[Ord. 2024-02-002 § 5; Ord. 2023-11-033 § 6; Ord. 10528 § 9, 1994].