HomeMy WebLinkAbout2041 Ordinance - Recorded�`�"s ORDINANCE NO. 2041
AN ORDINANCE of the City of Pasco relating to land use and zoning;
certain non -conforming uses and regulations relating
thereto; by amending Section 22.72.020 of the Pasco
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section 1. That Section 22.72.020 of the Pasco Municipal Code
(Ordinance 1849, §6) be and the same is hereby amended to read as
follows:
P.M.C. 22.72.020 SPECIFIC EXISTING CONDITIONS.
1. Except as provided in subsection (2) below the use of any
building or land on or after April 19, 1977 (the date of enactment of
Ordinance 1849), which is non -conforming to Ordinance 1849 for any
of the businesses set forth in (a) below, shall not be continued .for
a period of more than six months from April 19, 1977; provided, any
said non -conforming use then existing continuously for more than one
year prior thereto may be continued for a period of up to, but for no
more than one year from April 19, 1977.
A. Specific business uses are as follows:
Adult book store,
Adult mini motion picture theatre,
Adult motion picture theatre,
Adult nude photography shop,
Body painting shop,
Massage parlor, or
Tattoo parlor.
2. A use of any building or land which on April 19, 1977, was
non -conforming to Ordinance 1849 as passed on April 19, 1977, may be
continued upon having an application for continuance approved by the
city council as provided below and upon such terms and conditions as
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the city agrees.,
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A. The person owning the property as well as any lessee, tenant,
or occupant shall make application to the city for permission to continue
operation of the existing business. The application shall be filed with
the city clerk and reviewed by the city planner. Within 60 days of
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the receipt of the application, the city clerk shall note the matter for
hearing before the city council at a regular meeting giving at least
10 days written notice by first-class mail to the applicant.
B. The burden shall be upon the applicant to demonstrate that
the present use was in existence on the property prior to and on April
19, 1977. The application shall be to allow the use that was in existence
at that time to continue but shall be the same type of use as existed
without significant expansion or enlargement of the use. If any
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expansion
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expansion or enlargement of the use is desired, the applicant must
specify the amount thereof and the manner in which it shall be provided.
C. In reviewing the application, the city may consider whether
the use may be continued without the significant adverse impact that
Ordinance 1849 was intended to prevent and what conditions should be
imposed on the use of the property to reduce the impact of the non-
conforming use on the surrounding area and such other conditions that
would serve the public interest in the use of the property. The
city may grant the application only if the use may be continued in such
a manner that will substantially reduce any adverse impact of the
non -conforming use on the surrounding area. The city may impose such
conditions that will accomplish the same and which will promote the
public interest.
D. All applicants must provide such proof as the city may
require that no unlawful prostitution is allowed, encouraged, or permitted
on the property. The applicant must provide such -proof as the city may
require that prostitutes are not allowed, encouraged, or permitted to
solicit individuals on the property for unlawful acts of prostitution
to be consummated on or off the property.
E. Any use permitted by the granting of an application shall
be a non -conforming use and may lawfully continue only for the time
permitted and in no event may the use continue if the use is abandoned
or voluntarily discontinued for 30 days or more.
Section 2. This ordinance shall be ih'full force and effect after
its passage and publication as required by law.
PASSED by the City Council of the City of Pasco this 19 day
of March , 1979.
Chet Bailie, Mayor
AT
ells, City Clerk`��"� 121
AP ROVED AS TO FO ?'PnFV'_-4�0 �� t QFtD`+
.. DFr29� �� c_Z "z
e nis J. De Fe i e, City Attorney city of Pasco � sco
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MU � DE'0SY
Ct Y °f PasC°
p.0. Bax 293
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Pasc°9 Wa. 993