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HomeMy WebLinkAbout2933 OrdinanceORDINANCE NO. AN ORDINANCE concerning adult business, and amending subsections 22 68 020(1) and (j) of the Pasco Municipal Code WHEREAS, the listing of specific adult businesses m subsections 22 68 020(1) and (j) does not adequately cover the many different types of adult busmesses having the same adverse impact upon their disharmonious uses and those uses specifically listed m §22 68 020(0, and WHEREAS, the 500 foot buffer zone provided for in subsection 22 68 020(i) fails to provide a sufficient buffer zone to adequately mitigate the problems the buffer zone was intended to address, and WHEREAS, a 1200 foot buffer zone between adult businesses and other non-compatible uses has become generally accepted throughout the United States and provides more significant mitigation to the problem addressed, Now, Therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS. §1. Subsections 22 68 020(0 and (j) are hereby amended as shown below by the interlineation of deleted language and the underlining of new additional language (1) No ADULT ENTERTAINMENT ESTABLISHMENT ADULT BOOKSTOREADULWINI MOTIOITICTURETHEATREADUL-1 2140-TION PICTURE THEATER, ADULT NUDE PHOTOGRAPHY SHOP, BODY PAINTING SHOP, or TATTOO PARLOR shall operate, and the same are prohibited from operation within five twelve hundred 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 f3) The C-2 central business district zone No adult entertainment establishment adult bookstore, adult mini motion picture theater, adult nude photography shop, body painting shop, 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 designated shopping center zone, or any residential zone The term adult entertainment establishment as used in this chapter shall mean any commercial establishment, business or service, or portion thereof, which offers sexually onented material, devices, paraphernalia or specific sexual activities, services. performances, or any combination thereof_ or in any other form, whether prmted, filmed, recorded or live The term adult entertainment establishment shall include, but not be limited to, such activities as adult book stores, adult shows or adult peep shows, nude and semi-nude dancing establishments, adult motion picture theaters, body painting shops and nude photography studios (j) No ADULT ENTERTAINMENT ESTABLISHMENT ADULT BOOKSTORE, ADULT MINI MOTION PICTURE THEATER, ADULT MOTION PICTURE THEATER, ADULT NUDE PHOTOGRAPHY SHOP, BODY PAINTING SHOP, or TA'TTOO PARLOR shall operate, and the same are hereby prohibited from operation, within seven hundred fifty feet from the nearest property line of any other adult entertainment establishment adult bookstore, adult mini motion theater, adult motion picture theater, adult nude photography shop, body painting shop, or tattoo parlor §2. This ordinance shall take effect five (5) days after passage and publication PASSED by the City Council of the City of Pasco, at its regular meeting of May 17, 1993 c..2,00e7.7dArt;— ts .4 eFELICE MO 9 or ATTEST APPROVED AS TO FORM :110, CATHERINE D SEAMAN GREG A RUB STELLO Deputy City Clerk City Attorney 2 W 141• 11111111111 1 111 1111 1 11 11 111111 11111111111 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 May 18, 1993 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 2933 and 2934 on the following date May 23, 1993 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included < TRANSACTION REPORT > 05-18-1993(TUE) 07 49 C -1- R A NJ S 1-1 I -1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 1085 5-18 07 46 15095821453 6 0°02'42 NORM E OK 6 0°02'42 State of Wash- Note public in and for the ington, residing at COMMISSION EXPIRES DAY OF DATE D52-3 93 LEGAL NO (1O '-77 ACCOUNT NO DESCRIPTION Or- 01,(,e,a,i- c797-1 TIMES (,c) / LINES /65, 02/7 _atok-i> r (in _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEGAL A VE MING INVOICE SOLD TO -Pasco Roy T $ /O2 23 NOTOCIE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment Az7F19AVIT LICATI COUNTY OF BENTON SS STATE OF WASHINGTON eLile,Ye/IL , being duly sworn, deposes and say /l I am the Legal 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 countinually as a daily newspa- per in Benton Copnty, Washington That the attached is a true copy of a 0 rc-f,r,,/q-,-e_e_ /14 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplemera s thAreof C2' time(s), commencin 9.113 65 d and ending on 5 , and that said newspaper was regulary distributed to its subscribers during all of this period Eggiffign MAY 27 1993 ANANCE DEPT SUBSCRIBED AND SWORN BEFORE ME THIS S IALD SUNDAY, PAY 23, 1493 LEGALS ORDINANCE NO 2933 AN ORDINANCE concerning t adult business and amending subsections 22 68 020(i) and (j) of the Pasco Municipal Code WHEREAS the listing of spe odic adult businesses in sub sections 22 68 020(i) and (j) does not adequately cover the many different types of adult businesses having the same adverse impact upon their disharmonious uses and those uses specifically listed in §22 68020(i) and WHEREAS the 500 foot buffer zone provided for in subsection 22 68 020(i) fails to provide a sufficient buffer zone to adequately mitigate the problems the buffer zone was intended to address and WHEREAS a 1200 foot buffer zone between adult business es and other non compatible uses has become generally accepted throughout the Unit ed States and provides more significant mitigation to the problem addressed Now Therefore THE CITY COUNCIL OF THE CITY OF PASCO WASH INGTON DOES ORDAIN AS FOLLOWS 1 Subsections 22 68 020(i) and (j) are hereby amended as shown below by the interim eation of deleted language and the underlining of new ad atonal language (i) No ADULT ENTERTAIN- MENT ESTABLISHMENT shall operate and the same are prohibited form operation within twelve hundred 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 401 LEGALS (3) The C 2 central business distnct zone No adult entertainment estab- lishment shall operate and the same are prohibited from op eration in C 2 central business district zone C 1 retail busi- ness zone C 1 D designated shopping center zone or any residential zone The term adult entertainment establishment as used in this chapter shall mean any corn mercial establishment busi ness or service or portion thereof which offers sexually oriented material devices paraphernalia or specific sex ual activities services perfor mances or any combination thereof or in any other form whether printed filmed recorded or live The term adult entertainment establish ment shall include but not be limited to such activities as adult book stores adult shows or adult peep shows nude and semi nude dancing estab- lishments adult motion picture theaters body painting shops and nude photography stu dios 0) No ADULT ENTERTAIN MENT ESTABLISHMENT shall operate and the same are hereby prohibited form op eration within seven hundred fifty feet from the nearest prop- erty line of any other adult en tertainment establishment §2 This ordinance shall takem effect five (5) days after pas sage and publication PASSED by the City Council of the City of Pasco at its reg ular meeting of May 17 1993 { s Joyce DeFelice Mayor Attest s Catherine D Seaman Deputy City Clerk Approved As To Form s Greg A Rubstello City Attorney #776 /2:1/91