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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