16.67.070 Waiver of distance requirements.
The following procedures and criteria shall be adhered to with regard to a request for waiver of distance requirements:
A. Distance waiver required. Any party proposing to locate an adult facility within less than the required distances from uses or zones as specified in this ordinance may do so only after obtaining a waiver therefor from a hearings examiner through the quasi-judicial process pursuant to Section 1C of the City of Lacey Development Guidelines and Public Works Standards.
B. Waiver notice requirements. In addition to the notice requirements for conditional use permits, first class mailing notice shall be made to all parties within the distance set forth in LMC 16.67.030(A) or (B), depending upon the use in question. The applicant shall provide the names and addresses of all property owners and businesses within said distances from the proposed use.
C. Criteria for decision. The final decision on the request for waiver of distance shall be made by the hearings examiner based on consideration of the following:
1. The extent to which the physical features would result in an effective separation in terms of visibility and access;
2. Compatibility with adjacent and surrounding land uses;
3. The availability or lack of alternative locations for the proposed use;
4. Ability to avoid the adult facility by alternative vehicular and pedestrian routes. (Ord. 1192 §180, 2002; Ord. 1037 §3, 1996).