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HomeMy WebLinkAbout2466 OrdinanceORDINANCE NO. 2466 AN ORDINANCE concerning the zoning of massage businesses and amending Section 22.68 020 of the Pasco Municipal Code WHEREAS, amendments to Chapter 5 72 of the Pasco Municipal Code have substantially elirinated the possibility that a city business license will be given to a massage business that is actually a front for a place for prostitution or other illegal activities; and WHEREAS, that city regulatory requirements with respect to massage businesses no longer reasonably requires the city to require such businesses to be subject to the same use regulations under the zoning code as adult bookstores, adult mini-motion picture theatres, adult motion picture theatres, adult nude photography shops, body painting shops and tattoo parlors, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Section 22.68.020(i) PMC is hereby amended to read as follows: No adult bookstore, adult mini-motion picture theatre, adult motion picture theatre, adult nude photography shop, body painting shop, massage-parIer or tattoo parlor shall operate, and the same are prohibited from operation within five hundred feet (500 ft.) 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 play- ground or park. No adult bookstore, adult mini-motion picture theatre, adult nude photography shop, body painting shop, fflassage parler or tattoo 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 design- ated shopping center zone, or any residential zone. Section Two. Section 22.68.020(3) PMC is hereby amended to read as follows: No adult bookstore, adult mini-motion picture theatre, adult motion picture theatre, adult nude photography shop, body painting shop, massage-parIer or tattoo parlor shall operate, and the same are hereby prohib- ited from operation, within 750 feet from the nearest property line of any other adult bookstore, adult lls, City Clerk mini-motion theatre, adult motion picture theatre, adult nude photography shoo, body painting shop, illassage-parIe or tattoo parlor Section Three. This ordinance shall take effect five (5) days after passage and publication according to law. PASSED thLs 6th day of September, 1983 by the Pasco City Council and approved by the Mayor. ,-- Ira_L Schmidt, Mayor Pro Tern ATTEST: APPROVED AS TO FORM 3 ''';,(3% .CL c. cerning the zoning of mas- sage businesses and amending Section 22 68 020 of the Pasco Mu- nicipal Code WHEREAS amend- ments to Chapter 5 72 of the Pasco Municipal Code have substantially elimi- nated the possibility that a city business license will be given to a massage busi- ness that is actually a front for a place for prostitution or other illegal activities and WHEREAS that city reg- ulatory requirements with respect to massage busi- nesses no longer rea- sonatly requires the city to require such businesses to be si.P )ect to the same use regulations under the zon- ing code as adult book o ores adult mini mo- tion picture theatres adult motion picture theatres adult nude photography shops body painting shops and tattoo parlors NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section One Section 22 68 020(0 PMC is hereby amended to read as fol- lows No adult bookstore adult mini-motion picture theatre adult motion picture theatre adult nude photog- raphy shop body painting shop or tattoo parlor shall operate and the same are prohibited from operation within five hundred feet (500 ft ) from the nearest property line of the follow- ing (1) any residential zoning area (2) any public place of worship library public playground or park No adult bookstore adult mini-motion picture theatre adult nude photography shop body painting shop, or tattoo parlor shall oper- ate and the same are pro- hibited from operation in C- 2 central business district i zone C 1 retail business zone C 1-D designated shopping center zone or any residential zone Section Two Section 122 68 020(j) PMC is hereby amended to read as fol- lows No adult bookstore adult mini-motion picture theatre adult motion picture theatre adult nude photog- raphy shop body painting shop or tattoo parlor shall operate and the same are hereby prohibited from op- eration within 750 feet from the nearest property line of any other adult bookstore adult mini-mo- tion theatre adult motion picture theatre adult nude photography shop body painting shop or tattoo par- lor Section Two This ordi- nance shall take effect five (5) days after passage and publication accordying to law PASSED this 6th day of September 1983 by the Pasco City Council and ap- proved by the Mayor -s Ira L Schmidt Mayor Pro Tern ATTEST -s-Evelyn Wells City Clerk APPROVED AS TO FORM S Greg Rubstello City Attorney Legal No 15806 - Sept 9 1983 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Eileen Scott , being first duly sworn on oath deposes and says she is the principal clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news paper in County, BrankLin Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement "Ordinance No. 2166...." as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of I time +firifi s, commencing on the day of 9th September , , and ending on the 9th day of September ,103 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 6640 has been paid in full, also at the rate of 10 inches @ $6.60 = $66.00. Subscribed and sworn to before me this 12th day of Septebber 1983 M Notary Public in and for the State of Washington residing at Pasco FINANCE DEPARTMENT (509) 543-3401 &zoo 726-3401 P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 September 7, 1983 In City Herald P.O. Box 2608 Pasco, Washington 99302 Attn: Sue Bateman Dear Sue: Please publish the attached Ordinances on the following date: September 9, 1983 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew