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Home My WebLink About1849 OrdinanceORDINANCE NO. 1849 AN ORDINANCE OF THE CITY OF-PASCO RELATING.,TO LAND USE AND ZONING; AMEND.ING:CHAPTERS 22.04, 22.12, 22.48, 22.56, 22.68 AND 22.72.020 OF THE PASCO MUNICIPAL CODE. Section 1. Purpose. This Ordinance is;.enacted in recognition that some uses exist which, because of.their"very nature, are recog- nized as having serious objectionable operational characteristics, particularly when several of them are concentrated under.certain circumstances thereby creating.a deleterious;,effect upon'the adjacent areas. The uses regulated herein are found to produce such a deleterious effect; special regulations of these uses are necessary to insure that these adverse effects will not contribute to the blighting or down- grading of the surrounding neighborhoods. The primary purposes for the controls or regulations herein are to prevent a concentration of these uses in any one area and to prevent any adverse effect to a residential zoned district and to limit the zones in which such uses are permitted. Section 2. Pasco Municipal Code, Chapter 22.12 is -hereby amended by adding the following definitions. 22.12.021 Adult Book Store. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by.their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", or an establishment devoted to the sale or display of said materials. 22.12.022 Adult Mini Motion Picture Theater. An enclosed building with a capacity for less than fifth (50) persons used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical. Areas", for observation by patrons therein. ...22.12.023 Adult Motion Picture Theater. An enclosed building used for presenting motion picture film distinguished or characterized by an emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", for observation by patrons therein. 22.12.024. Adult Nude Photography Shop. An enclosed building used for the business of allowing customers.to photo- graph any "Specified Anatomical Areas" of a person or persons. 22.12.115 Body Painting Shop. An enclosed building used for the business of allowing customers to paint the body of a person or persons. 22.12.555. Massage Parlor. A business principally used..for the .Purpose: -of providing_.ass4gk in an enclosed -building.. _Massage shall have the _same meaning as in Pasco Municipal Code, Section 5,:60.040.-_' 22.12.785. Tattoo Parlor. An enclosed building used for the busine's.s of tattooing a customer's body. 22.12.875. Specified Anatomical Areas. (1) Less than completely and opaquely covered, (a). human genitals, pubic region, (b). buttock, and (c) female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 22.12.880 Specified Sexual Activities. (1) Human genitals in a state of sexual stimulation or arousal; (2) Act of human masturbation,. sexual intercourse or sodomy; (3) Fondling or other. erotic touching of human genitals, public region.,: buttocks or female breast. Section 3. Pasco Municipal Code Chapter 22.68 is hereby amended by adding Section 22.68.020 as follows: 22.68.020(G) No adult.:book store, adult mini motion picture theater, adult motion picture theater, adult nude photography shop, body painting shop, massage parlor, or tattoo parlor shall oeprate, and the -.same are prohibited from operation within 500 feet from the nearest property line of the following: (1) Any residential zoning area; (2) Any public or private school, church, synagogue or other place of worship, library, public playground or.park. Section 4. Pasco Municipal Code Chapter 22.68 is hereby amended by adding Section 22.68.020(H) as follows: 22.68.020(H) No adult book store, adult mini motion picture theater, adult motion picture theater, adult nude photography shop, body painting shop, massage parlor, or tattoo parlor shall operate,.and the same are prohibited from operation within 750 feet from the nearest property line of any other adult book store,.adult mini theater, adult motion picture theater., adult nude photography shop, body painting shop, massage parlor or tattoo parlor. Section 5. Pasco Municipal Code Chapter 22 is hereby amended by adding Section 22.68.020(.9) as follows: No adult book store, adult mini motion picture theater, adult nudephotography shop, body.painting shop, massage parlor, or tat -too parlor shall operate, and the same are prohibited from operation in C-2, Central Business District Zone, C-1, Retail Business Zone, C -1-D, Designed Shopping Center Zone, or any Residential Zone. Section 6. Pasco Municipal Code Chapter 22.72 is hereby amended by adding Section 22.,72.0,20 as follows: 22..72.020 Specific Existing Conditions.. The use of any building or land at the,time of the enactment of this section which is nonconforming to this Ordinance for any of the businesses set forth in.(1) below, shall not be -.continued for a period of more'than six months -from the date this section is enacted; provided,, -any said nonconforming use then existing continuously for more than one year may be continued for a period up to, but no.rnore than one year. (1) Specific Business Uses: f5 '(a)' Adult' book store (b) Adult mini, motion picture theater.. (c) Adult motion picture theater (d), A'diilt nude photography shop (e) Body` painting shop (f) Massage parlor ?.'-(g) Tattoo parlor Section 7. Pasco Municipal'Code Chapter 22.7.2 is hereby amended by adding Section 22.72.030 as follows:, 21.72.030 Nonconforming Because of Proximity to Other Uses. Any use described in Pasco Municipal.Code Chapter 22.68.020(G) which conforms to Pasco.Municipal Code Chapter 22.68.020(G) shall not become nonconforming if subsequently any residential zone area,public or private school,,. church., synagogue, or other place of worship,. library, public playground or park, locates within 500 feet of the property line of said.use. Section 8. Pasco Municipal Code Chapter 22.04 is hereby amended by adding,Section 22.0.4.030 as follows: 22.04.030 Severability Clause. If any word; clause, sentdnce,.paragraph, or section of this Ordinance or its applica- tion to any person or circumstance shall for.any reason be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, the judgment shall not affect, impair, invalidate the remainder of this ordinance or its application to other persons or circumstances, but shall be confined.in its operation to the word, clause, sentence, paragraph, persons or circumstances, or part thereof directly involved in the controversy in which the judgment shall have been rendered. Section 9. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED this day of , 1977. Mayor ATTES 4 City Clerk Approved as to Form: (:C]l;y�4ttorney NOTICE OF'PUBLIC FIEARING PLEASE TAKE NOTICE that the City Council of th.e City of Pasco, Washington will hold a Public H.ear.i ng in the Ci ty. ,Council. Chambers, City Hall, 412 W. Clark, 8!00 P:,M., March 19.; 1979 for the purpose of considering an amendment to Ordinance No. 1849, Section 6, Pasco Municipal Code 22.72,020. Ordinance No. 1849 restricts the 1oca,tJ on of certain adult entertainment businesses to certain' -zones and locations in the City of Pasco. Section 6 -of the Ordinance requires termination of prior uses located in the restricted zones.. The purpose of the hearing will be to consider an amendment to Section 6, Pasco Muni=cipal Code 22,72.020 which will allow prior non -conforming uses to continue upon application being made to the City Council and upon such conditions as the. .City Council. designates, NOW, THEREFORE, let all concerned take notice of the time and place so that they may appear and present their support or objection to proposed amendment. ve ..yn Aells, City Clerk