21.18.040 Waiver of Separation Requirements.
An applicant may obtain a waiver of the separation requirements required by this section only if the applicant demonstrates that all of the following criteria are met:
A. Conditional Use Permit Required. Any party proposing to locate an adult entertainment facility within 825 feet of any zone or use specified in RZC 21.18.020, Separation Requirements, may do so only after obtaining a conditional use permit in accordance with RZC 21.76.070.K, Conditional Use.
B. Special Notice Requirements. In addition to the notice requirements for Conditional Use permits, first class mailing of notice shall be made to all individuals owning or occupying property within 825 feet of the property for which the application is made. The applicant shall provide the name and addresses of all property owners and businesses within 825 feet of the property of the proposed location.
C. Criteria for Decision. The final decision on the request for a waiver of the separation requirements shall be made by the City Council upon the recommendation of the Hearing Examiner, based upon consideration of the following criteria:
1. The extent to which physical features would result in an effective separation between the proposed adult entertainment facility and any zones or uses identified in RZC 21.18.020, Separation Requirements, in terms of visibility and access;
2. The extent to which the proposed adult entertainment facility complies with the goals and policies of the Redmond Comprehensive Plan;
3. The extent to which the proposed adult entertainment facility is compatible with adjacent and surrounding land uses;
4. The availability or lack of alternative locations for the proposed adult entertainment facility;
5. The extent to which the proposed adult entertainment facility can be avoided by alternative vehicular and pedestrian routes; and
6. The extent to which the applicant can minimize the adverse secondary effects associated with the proposed adult entertainment facility.