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A. Recreation, Indoor Use Category. Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. The permissions for indoor recreation uses in Table 19.41.050 are based on size (net floor area), with conditional use thresholds of 10,000 square feet and 20,000 square feet in some zones. The indoor recreation category includes, but is not limited to:

1. Adult concessions.

2. Amusement center, game arcade, children’s amusement center.

3. Arena.

4. Billiard hall, pool hall.

5. Bingo parlor.

6. Bowling alley.

7. Convention center or conference center.

8. Dance, martial arts, music studio, classroom.

9. Health club.

10. Shooting range.

11. Sports academy.

12. Miniature golf facility.

13. Movie theater or other indoor theater.

14. Skating rink or roller rink.

15. Swimming pool.

16. Extreme sports facility.

B. Special Indoor Recreation Uses. The following uses fall under the “recreation, indoor” use category, but due to their unique attributes come with their own use permissions and standards. These uses are not subject to the net floor area parameters under the civic use permissions in Tables 19.42.020 and 19.42.030.

1. Adult Concessions.

a. Adult entertainment and retail, taken together as “concessions,” and defined in AMC 5.35.030, are recognized as being uses that may prove detrimental in certain circumstances to its surrounding neighborhoods and thereby requiring the following regulations.

b. Zone-Specific Requirements .

i. In the C zone, adult retail is only permitted south of 22nd Street.

ii. In the LM1 zone, adult concessions are only permitted between Christiansen Road and Reservation Road.

iii. In the HM zone, adult entertainment is only permitted north of South March Point Road and east of Reservation Road.

c. No adult concession may be located within the specified distance of the following uses:

i. One hundred feet of any public or private school, or any trade or vocational school, that on a regular basis has at least one student under the age of 18 years.

ii. One hundred feet of any religious institution.

iii. One hundred feet of any park or any public facility or P zone.

iv. Three hundred feet of another adult concession.

v. For adult entertainment, 100 feet of any residential zone.

vi. For adult retail, 30 feet of any residential zone.

d. The distance provided herein must be measured by following a straight line, without regard to intervening buildings, from the nearest point on the property line or the zone boundary to the specified concession.

e. No person owning, operating or managing an adult concession or their employee or agent may invite, allow, or permit any person under the age of 18 years to enter or remain on the premises of any concession.

f. On the exterior of any concession there must be no window, marquee, or other display of any manner describing, identifying, depicting or portraying “specified anatomical areas,” or “specified sexual activities” (see AMC 5.35.030, Definitions).

g. Violation of the use provisions of this section is declared to be a public nuisance per se, which must be abated by a civil action only and not by criminal prosecution.

h. Concession establishments may be identified with signs on the exterior of the establishment in accordance with AMC Chapter 19.67, Signs. All signs must comply with subsection (B)(1)(f) of this section. No advertising, text, pictures or depictions may be permitted anywhere in the windows, on the site, sidewalk or street (A-board signs), storefront, marquee, or anywhere else other than on the approved signage. Terms such as “sale,” etc., and other such advertising, as associated with mainstream advertising, may be accepted, subject to the interpretation of the Planning Director or her/his designee.

i. There must be no more than one concession business operating in the same building, structure or portion thereof.

j. Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building or use which violates any ordinance or statute of the city of Anacortes, Skagit County, state of Washington, or the United States.

k. Parking Requirements. For adult concession facilities constructed after the effective date of the ordinance codified in this chapter, all parking must be visible from the public right-of-way. For adult entertainment facilities located in buildings constructed prior to the effective date of the ordinance codified in this chapter, all parking should be visible from the public right-of-way. In cases of adult concession facilities located in buildings constructed prior to the effective date of the ordinance codified in this chapter where this is not feasible, access to the parking must be in as direct a route as possible from the public right-of-way and the parking area must remain free and clear of visual obstructions at all times. Access to the exterior rear of the building must be denied to any persons other than employees and public officials during the performance of their respective duties and tasks by means of a fence, wall or other device approved by the city.

l. Lighting Requirements.

i. All on-site parking areas and premises entries of adult concession facilities must be illuminated from dusk until one hour past closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or pathways.

ii. All permitted on-site lighting, including signs, must be shaded and directed so as not to be visible from any residentially zoned property.

iii. An on-premises exterior lighting plan must be presented to the city for approval prior to the operation of any adult concession.

m. Where lighted signs and illuminated areas are permitted, such illuminating devices must be shaded and directed so as not to be visible from any residentially zoned property.

2. Shooting Range, Indoor.

a. Definition. An indoor facility designed and improved to encompass shooting stations or firing lines, target areas, and/or other related components. (Ord. 3040 § 2 (Att. A), 2019)