HomeMy WebLinkAbout2687Ordinance No. 2687
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Secs. 15.02.006, 15.02.007, 15.02.008, 15.02.502 &
15.02.503 Amended by Ord. 3475:
ORDINANCE NO. 87
AN ORDINANCE of the City of Kent,
Washington, regarding the establishment of
regulatory standards for adult bookstores and
theatres in specified zones in the City of Kent.
WHEREAS, it is appropriate for the City of Kent to
protect and preserve the quality of the City's neighborhoods,
commercial districts and the quality of urban life,
WHEREAS, the Kent Planning Commission has held a public
hearing on October 28, 1986 to consider standards to regulate
certain types of adult uses,
WHEREAS, these standards have been reviewed in accordance
with the State Environmental Policy Act and have been determined
to have no significant adverse environmental impact on
September 5, 1986,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 15.08.270 - Adult Uses.
A. Adult uses, as defined in section 15.02.008, are
prohibited within the area circumscribed by a circle which has a
radius consisting of the following distances from the following
specified uses or zones:
1. Within or within one thousand feet of any
residential zone (RA, Al, AG, R1-7.2, R1-9.6, R1-12, R1-20, MR -D,
MR -G, MR -M, MR -H, and MHP as provided in KCC Chapter 15.09) or any
single or multiple family residential use.
2. One thousand feet of any public or private school
3. One thousand feet of any church or other
religious facility or institution.
4. One thousand feet of any public park.
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 or
parcel upon which the proposed use is to be located, to the
nearest point of the parcel of property or the land use district
boundary line from which the proposed land is to be separated.
C. Violation of the use provisions of this section is
declared to be a public nuisance per se, which shall be abated by
the City Attorney under Washington State law, including procedures
set forth in KCC 15.09.100.
D. Nothing in this section is intended to authorize,
legalize, or permit the establishment, operation, or maintenance
of any business, building, or use which violates any City
ordinance or statute of the State of Washington regarding public
nuisances, sexual conduct, lewdness, or obscene or harmful matter
or the exhibition or public display thereof.
Section 2. Cha ter 15.02 Definitions.
A. 15.02.006 Adult Bookstore. A commercial
establishment which has a minimum of 20 percent of its stock in
trade, books, magazines, or other periodicals distinguished or
characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas" as defined herein. Such an establishment is customarily
not open to the public generally but only to one or more classes
of the public, excluding minors by virtue of age. It shall be a
rebuttable presumption that 20 percent of a business' stock in
trade is considered substantial.
B. 15.02.007 Adult Motion Picture Theatre. An Adult
Motion Picture Theatre is an enclosed building used for presenting
motion picture films, video cassettes, cable television, or any
other such visual media, distinguished or characterized by an
emphasis on matter depicting, describing, or relating to
"specified sexual activities" or "specified anatomical areas" as
hereafter defined for observation by patrons therein. This term
includes outdoor drive-in theatres or structures which present
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similar films, movies, or other visual media depicting,
describing, or relating to "specified sexual activities" or
"specified anatomical areas" as hereafter defined for observation
by patrons.
c. 15.02.008 Adult Uses. For the terms of this code,
adult uses shall include adult motion picture theatres adult
drive-in theatres, and adult bookstores as defined herein.
D. 15 02.502 Specified Anatomical Areas.
1. Less than completely and opaquely covered human
genitals, pubic region, buttock, and female breast below a point
immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
E. 15 02.503 Specified Sexual Activities.
1. Human genitals in a state of sexual stimulation
or arousal;
2. Acts of human masturbation, sexual intercourse or
sodomy;
3. Fondling or other erotic touching of human
genitals, pubic region, buttock, or female breast.
F. 15.02.534 Used. The word "used" in the definition of
"Adult Motion Picture Theatre" herein, describes a continuing
course of conduct exhibiting "specific sexual activities" and
"Specified anatomical areas" in a manner which appeals to a
prurient interest.
Section 3. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
DAN XELLEHER, MAYOR
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ATTEST:
;MR?IE JENSEN, ITY CLERK
APPROVED AS TO FORM:
BILL WILLIAMSON, ACTING CITY ATTORNEY
PASSED the 5� day of -- , 1986.
APPROVED the 6 day of , 1986.
PUBLISHED the day of , 1986.
I hereby certify that this is a true copy of Ordinance
No.ak, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo
indicated.
3870-140
(SEAL)
MARIE JEN E f7C ITY C ERK
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