21.50.120 Adult establishments and retail uses.
A. Adult Establishments and Retail Uses Permitted. Adult establishments and retail uses shall be permitted in the Light Industrial zones only; provided, that the Light Industrial zone is located south of 196th Street SW, and provided the use meets the locational standards set forth below.
B. Location Standards. Any adult establishment or retail use which locates in the city of Lynnwood shall, in addition to any other requirements, meet the following:
1. Separation from Locations. No adult establishment or retail use shall be allowed to locate within 300 feet of any property zoned residential or P-1, or any property which is occupied by living quarters for homeless teenage parents.
2. Measurement of Distance. The 300-foot separation shall be measured by following a straight line, without reference to intervening structures, between the nearest point on a line defining a residentially zoned or P-1 zoned property or property which is occupied by living quarters for homeless teenage parents and the nearest point of the building or portion thereof used by an adult establishment or retail use.
C. Variance from Separation Requirements. Whenever the proponent of an adult establishment or an adult retail use subject to the separation requirements pertaining to adult establishments or adult retail uses set forth in this chapter believes that strict application of such requirements is not necessary to achieve an effective degree of physical separation between the adult establishment or the adult retail use and property zoned P-1 or residential or which is occupied by living quarters for homeless teenage parents, the proponent(s) may apply to the hearing examiner for a variance from such requirements.
1. Criteria. In determining when a variance should be granted, and if so, to what extent, the hearing examiner shall consider the following, in addition to the general criteria for variance established in Chapters 2.22 and 21.26 LMC:
a. Topographical and other features of the land which provide actual separation between the proposed business or other land use and surrounding land uses;
b. Pedestrian and vehicular circulation pattern in the vicinity of the proposed activity; and
c. Any other fact or circumstance which has a significant effect upon the need for the full separation distance required by this chapter.
2. Decision. If after considering these criteria the hearing examiner finds that an effective separation between the proposed adult establishment or adult retail use and property zoned residential or P-1 or which is occupied by living quarters for homeless teenage parents can be achieved without requiring the full distance of separation provided by this chapter, the hearing examiner shall determine the degree of variance to be allowed and shall grant such variance. Otherwise, the application for variance shall be denied. (Ord. 2441 § 16, 2003; Ord. 2020 § 21, 1994; Ord. 1988 § 2, 1994; Ord. 1903 §§ 4, 5, 6, 1992; Ord. 1890 §§ 4, 6, 1992; Ord. 1847 §§ 3, 4, 5, 1991; Ord. 1765 §§ 3, 4, 6, 1990)