§ 23.08.062. Indoor Amusements and Recreation.

This section applies only to uses of this group that are specifically identified herein.

a.

Limitation on use - Office and Professional Category. Indoor amusement and recreation uses allowed in the Office and Professional land use category are limited to indoor facilities including gymnasiums, reducing salons, health and athletic clubs (including indoor sauna, spa or hot tub facilities), racquetball, handball and other similar indoor sports activities.

b.

General permit requirement. Minor Use Permit approval, except where otherwise provided in subsection c. for a specific use.

c.

Requirements for specific uses.

(1)

Electronic game arcades. These provisions apply to establishments containing five or more electronic games or coin-operated amusements; four or fewer are not considered as a land use separate from the primary use of the site.

(i)

Limitation on use. Arcades are allowable only in the Recreation and Commercial Retail land use categories.

(ii)

Location criteria. Arcades are to be at least 1,000 feet from any elementary or secondary school site and at least 200 feet from any Residential land use category.

(iii)

Building requirements. Arcades shall be located within a completely enclosed building, in space separate from other uses on the same site, so designed as to prevent excessive noise, glare or other offensive factor from affecting other uses in the immediate vicinity. The arcade shall be designed and arranged so that there is a management attendant within the arcade at all times. Adequate space shall be provided to allow the use of each machine and unimpaired access throughout the arcade without overcrowding.

(iv)

Parking. See Section 23.04.166c(3) of this Title.

(v)

Signs. Arcades shall be posted with readily visible signs, with their location, size and text described in the application, indicating that persons under the age of 16 shall not be permitted on the premises during normal school hours.

(2)

Card rooms. These provisions apply to the establishment of card rooms. For the purposes of this section, a card room is defined as being an establishment only for the purposes of playing card games as authorized by state statutes and local ordinance.

(i)

Permit requirement. Development Plan approval.

(ii)

Limitation on use. Card rooms are limited to a maximum of four tables. A table, for the purposes of this section, is defined as serving no more than 10 seated customers at one time.

(iii)

Location criteria. Card rooms are to be located at least 300 feet from any parcel on which there is located any public library, public, private, or parochial school or preschool, church, city, district, county or state owned, operated and maintained public park, playground, beach or other facility and 200 feet from any land located within an Agriculture, Rural Lands or residential land use category.

(iv)

Measure of distances. The distances referenced above shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the card room to closest property line of the library, school, church, park, or Agriculture, Rural Lands or residential land use category.

(v)

Additional findings required. The Review Authority may approve, or conditionally approve a land use permit only if, in addition to the findings of fact required to be made by Section 23.02.034c(4) of this title, it makes the following findings of fact:

(a)

The proposed use will not be contrary to the public interest or injurious to nearby properties.

(b)

The establishment of the use will not be contrary to any program of neighborhood preservation nor will it interfere with any program of urban renewal.

(vi)

Exceptions. Alternatives to the location criteria of subsection c(2)(iii) of this section may be approved by the Planning Commission pursuant to Section 23.08.012. These standards are the only provisions of this section subject to such action.

[Amended 1992, Ord. 2591; Added 1995, Ord. 2715]