HomeMy WebLinkAbout2605ORDINANCE NO. 2605
AN ORDINANCE of the City of Port Angeles,
Washington, amending Section 5 of
Ordinance No. 2595, relating to
Adult Entertainment businesses.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. Section 5 of Ordinance No. 2595 is hereby
amended to read as follows:
17.67.050 Separation Requirements. Adult Entertainment
businesses may be permitted by Conditional Use Permit only if the
following separation requirements are met, unless a waiver is
obtained as provided herein:
A. No adult entertainment business shall be located closer than
1,000 feet to any of the following zones or uses, which are
likely to be frequented by persons under the age of 18,
whether such zone or use is located within or outside the
City limits:
1. Any zone in which residential uses are an outright
permitted use;
2. Single- or multi - family residence;
3. Public park;
4. Public library;
5. Daycare center, pre - school, or nursery school;
6. Public or private primary or secondary school;
7. Church; provided that, for the purpose of this Chapter,
"church" shall mean a building erected for and used
exclusively for religious worship and schooling or
other activity in connection therewith.
B. The distances provided in this Section shall be measured by
following a straight line, without regard to intervening
buildings, from the nearest point of the property parcel
upon which the proposed use is to be located, to the nearest
point of the parcel or property or the zone from which the
proposed land use is to be separated.
C. A waiver of the distance requirements provided in this
Section may be obtained as follows:
1. By presenting evidence of consent to the location of
the adult entertainment business within the 1,000 -foot
area by at least 51% of the owners and residents of
property within the 1,000-foot area as evidenced by the
notarized signatures of such owners and residents; and
2. By determination of the Planning Commission, and
consideration of the following:
a. The extent to which physical features would result
in an effective separation in terms of visibility
and access;
b. Compliance with the goals and policies of this
Chapter;
c. Compatibility with adjacent and surrounding land
uses;
d. The availability or lack of alternative locations
for the proposed use;
e. Ability to avoid the adult entertainment business
by alternative vehicular and pedestrian routes.
-1-
D. Uses and zones specified under 17.67.050(BA) shall not be
allowed to locate within 1,000 feet of an adult entertain-
ment business. Any party proposing to locate such a use or
zone within 1,000 feet of an adult entertainment business
is considered an intervening use and may do so only after
obtaining a waiver as provided in 17.67.050(PC).
Section 2 - Effective Date. This Ordinance shall take
effect five days after publication.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 3rd day of
ATTEST:
July
, 1990.
ichelle . �'a e, City
APPROVED AS TO FORM:
r
Craig D. nutsdn, City Attorney
PUBLISHED: July 8, 1990 (s mmary)
AT.25