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Home My WebLink About3067 Ordinancef - . ORDINANCE NO. 30G7 AN ORDINANCE concerning adult business, and amending sub- sections 22 68 020(0 and (j) of the Pasco Municipal Code WHEREAS, Ordinance No 2933 passed on May 17, 1993, the Pasco City Council increased the buffer zone required between adult business establishments from five hundred feet to seven hundred fifty feet the buffer zone between an adult business establishment and certain zoning districts and property uses from five hundred feet to twelve hundred feet, and WHEREAS, said Ordinance No 2933 was adopted without consideration of the special permit allowing continuance of the non- conforming use Elmo's Bookstore located at 118 North Fourth Street in Pasco, and WHEREAS, said permit for continuance of the non-conforming use Elmo's Bookstore expires on January 1, 1995 and in consideration for said permit the owners of Elmo's Bookstore agreed not to bring any action against the City of Pasco relating to the validity of or the legality of or the enforcement of Ordinance No 1849 now or at any time in the future, and WHEREAS, in order to maintain the benefit of its agreement with the owner of Elmo's Bookstore and to accomplish the goal and intent of Ordinance No 1849 and the permit for continuance of non-conforming use granted to the owners of Elmo's Bookstore it is necessary to maintain the requirements and restrictions for Elmo's Bookstore as originally set forth in Ordinance No 1849, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS. §1. Sub-sections 22 68 020(1) and (j) are hereby amended as shown below by the underlining of new additional language (i) No ADULT ENTERTAINMENT ESTABLISHMENT shall operate, and the same are prohibited from 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 (3) The C-2 central business district zone No adult entertainment establishment 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 oriented material, devices, paraphernalia or specific sexual activities, services, performances, or any combination thereof, or in any other form, whether printed, 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 (Ord 2933 Sec 1 (part), 1993) Provided, however, any adult entertainment establishment having been granted a permit for continuance of non- conforming use pursuant to PMC 22 72 020(2) which contains the agreement of the permitee not to bring any action against the City of Pasco relating to the validity of or the legality of or the enforcement of Ordinance No 1849 now or at any time in the future shall be exempt from the above restrictions only to the extent that they are more restrictive than the use requirements set forth in Ordinance No 1849 of the Pasco City Council (j) No ADULT ENTERTAINMENT ESTABLISHMENT 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 Provided, however, any adult entertainment establishment having been granted a permit for continuance of non- conforming use pursuant to PMC 22 72 020(2) which contains the agreement of the permitee not to bring any action against the City of Pasco relating to the validity of or the legality of or the enforcement of Ordinance No 1849 now or at any time in the future shall be exempt from the above restrictions only to the extent that they are more restrictive than the use requirements set forth in Ordinance No 1849 of the Pasco City Council §2. This Ordinance shall take effect five (5) days after passage and publication Passed by the City Council of the City of Pasco, at a regular meeting this 19th day of December, 1994 ,.. Ordinance No. 30G7 Page 2 of 2 City of Pasco Attest. Catherine D Seaman Deputy City Clerk Approved As To Form. ubstello orney Gre Cit Ordinance No. 3c3 G7 Page 3 of 2 JAN 0 9 CO EPT F[1NA , oqs NotarfpubIic in and for the State of Wash- ington, residing at PASCO WA COMMISSION EXPIRES DAY OF • P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LEGAL ADVEOMUM INVOICE SOLD TO F ASCO C I TY OF L E:GALS FO BOX 2:17: FASCO WA -.4;77(}1 DATE 12 /2../. 4 LEGAL NO 4....?P4 ACCOUNT NO 50550 DESCRIPTION 22479 ORD NANCE: NO 70E. -7 TIMES 001 INCHES 15 TOM& V 17D.-7 NOTICE 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 AMBAY117 OF PU[3,111CAY1100 COUNTY OF BENTON SS STATE OF WASHINGTON CARL A ALFORD , being duly sworn, deposes and says, 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 County, Washington That the attached is a true copy of a 2249 ORD I NANCE: NCI. :0E7 as it was printed in the regular and entire issue of the Tr-City Herald Itself and not in a supplement thereof, i time(s), commencing on 1P/Pc,/ , and ending on and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS 5 V ORDINANCE NO 3067 1 AN ORDINAN -M concern- ing c-Jult business and amending sub sections 22 68 020(i) and (j) of the Pasco Municipal Code WHEREAS Ordinance No , 2933 passed on May 17 1993 the Pasco City Coun- iI cil increased the buffer zone required between adult business establish- ments from five hundred 1 feet to seven hundred fifty feet the buffer zone be tween an adult business establishment and certain zoning districts and prop- erty uses from five hundred feet to twelve hundred feet and WHEREAS said Ordi- nance No 2933 was adopted without consider- ation of the special permit allowing continuance of the non-conforming use Elmo s IBookstore located at 118 INorth Fourth Street in iPasco and r WHEREAS said permit fo r continuance of the non- conforming use Elmo s Bookstore expires on Jan- ) uary 1 1995 and in consid- eration for said permit the owners of Elmo s Book store agreed not to bring any action against the City of Pasco relating to the va lidity of or the legality of or the enforcement of Ordi- ',nonce No 1849 now or at any time in the future and I WHEREAS in order to maintain the benefit of its agreement with the owner of Elmo s Books•cre and to accomplish the goal and intent of Ordinance No 1849 and the permit for continuance of non- conforming use granted to the owners of Elmo s Book store it is necessary to maintain the requirements and restrictions for Elmo s Bookstore as onginally set forth in Ordinance No ,1849 now therefore THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR , DAIN AS FOLLOWS §1 Sub-sections 22 68 020(i) and (j) are hereby amended as shown below by the underlining of new additional language (i) No ADULT ENTERTAIN- MENT ESTABLISHMENT shall operate and the same are prohibited from operation within twelve hundred feet from the near- est property line of the fol- lowing (1) Any residential zoning area (2) Any public or private school church synagogue or other place of worship library public playground or park (3) The C-2 central busi- ness district zone No adult entertainment establish- ment 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 cen- ter zone or any,residential zone ___ The term adult entertain- ment establishment as used in this chapter shall mean any commercial es tablishment business or service or portion thereof which offers sexually ori- ented material devices paraphernalia or specific sexual activities services performances or any com bination thereof or in any other form whether printed filmed recorded or live The term adult enter- tainment 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 establish ments adult motion picture , theaters body painting shops and nude photog raphy studios (Ord 2933 Sec 1 (part) 1993) Provided however any adult entertainment estab- lishment having been granted a permit for con- tinuance of non conforming use pursuant to PMC 22 72 020(2) which con- tains the agreement of the permitee not to bring any action against the City of Pasco relating to the valid- ity of or the legality of or the enforcement of Ordi- nance No 1849 now or at any time in the future shall be exempt from the above restrictions only to the ex- tent that they are more re- strictive than the use requirements set forth in Ordinance No 1849 of the Pasco City Council 0 No ADULT ENTERTAIN- ENT ESTABLISHMENT I shall operate and the same are hereby prohibited from operation within seven hundred fifty feet , from the nearest property line of any other adult en- tertainment establishment Provided however any Iadult entertainment estab- lishment having been granted a permit for con- tinuance of non conforming use pursuant to PMC ' 22 72 020(2) which con- , tains the agreement of the I permitee not to bring any , action against the City of Pasco relating to the valid- ity of or the legality of or the enforcement of Ordi- nance No 1849 now or at any time in the future shall be exempt from the above restrictions only to the ex- tent that they are more re- strictive than the use requirements, set forth in Ordinance No 1849 of the Pasco City Council §2 This Ordinance shall take effect five (5) days after passage and publica- tion Passed by the City Council of the City of Pasco at a regular meeting this 19th day of December 1994 , City of Pasco I-s- Joyce DeFelice Mayor Attest s- Catherine D Seaman 'Deputy City Clerk Approved As To Form -s- Greg -A Rubstello City Attorney ,#2249 - 12/25/94 < TRANSACTION REPORT > 12-20-1994(TUE) 09 46 C -1-FANIr -1 I 7- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 5474 12-20 09 37 15095821453 20 0°09 04 NORM E OK 20 0°09 04