Pacific City Zoning Code
CHAPTER 20
74 ADULT MOTION PICTURE THEATERS
§ 20.74.010 Definitions.
A.
"Adult motion picture theater"
means 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 defined in this section, for observation by patrons therein.
B.
"Specified anatomical areas"
means:
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 discernible turgid state, even if completely and opaquely covered.
C.
"Specified sexual activities"
means:
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.
D.
"Used," in the definition of "adult motion-picture theater" herein, describes a continuing course of conduct of exhibiting "specific sexual activities" and "specified anatomical areas" in a manner which appeals to a prurient interest.
(Ord. 1017 § 1, 1987)
§ 20.74.020 Permitted in IL zone only.
Adult motion picture theaters shall be a permitted use only in an IL zone district subject to the restrictions provided in PMC § 20.74.030.
(Ord. 1017 § 2, 1987)
§ 20.74.030 Where prohibited in IL zone.
A.
Adult motion picture theaters 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 600 feet of any residential zone (RMH, RML or RS) or any single-family 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 zone.
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 of property or the land use district boundary line from which the proposed land use 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 by way of civil abatement procedures only, and not by criminal prosecution.
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.
(Ord. 1017 § 3, 1987)
