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ORDINANCE NO. 4 8 2 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING TITLE 18, CHAPTER 18.74, RELATING TO LAND
USE AND ZONING, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR USE PERMITS, BUILDING PERMITS AND LICENSES
FOR ADULT ENTERTAINMENT USES AND BUSINESSES TO BE EFFECTIVE
FOR A PERIOD OF ONE YEAR, AND SETTING A DATE FOR A PUBLIC
HEARING ON MORATORIUM.
WHEREAS, the state and federal constitutions allows for
regulations of adult entertainment businesses in a manner
which ensures protection of city businesses and neighborhoods
from the secondary use impacts of adult entertainment
businesses; and
WHEREAS, there is evidence from the experience of other
cities that adult entertainment businesses may constitute a
threat to the public health, safety and welfare in residential
and commercial areas when left unregulated; and
WHEREAS, the City presently has limited regulations in
place to specifically address the secondary land use effects
of adult entertainment businesses, such a business could
establish vested rights to locate in areas of the City which
are contrary or inconsistent with the existing zoning; and
WHEREAS, the City of Auburn intends to review, and
possibly revise, existing regulations and zoning requirements
of adult entertainment zoning and related issues for the
purpose of determining the manner in which the City may
Ordinance No. 4824.
December 14, 1995
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regulate adult entertainment businesses to ameliorate their
secondary land use impacts; and
WHEREAS, there is an urgent need, pending the completion
of a study and the adoption of zoning and licensing
requirements for adult entertainment businesses and uses, to
preserve the status quo;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Seotion ~. PURPOSe: The City Council acknowledges that
other cities have found that adult entertainment businesses
have been associated with prostitution, disruptive conduct,
criminal activity and other secondary land use impacts which
threaten the quality of life in commercial and residential
neighborhoods, and generally may constitute a threat to the
public health, safety and welfare.
seotion Z: Auburn City Code Chapter 18.74, Ordinances
No. 4469 (part) and 4229 (part) entitled Adult Uses is hereby
amended by adding Section 18.74.030 as follows:
MORATORIUM IMPOSED: The City Council hereby imposes a
moratorium on the establishment, location or licensing of
adult entertainment uses or adult entertainment b'asinesses in
the City, for a period of one year beginning on the date of
adoption of this ordinance. During this period, the Planning
Commission is directed to develop a work plan to study the
Ordinance No. 4824
December 14, 1995
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issue, hold public hearings as needed, determine if there are
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secondary land use impacts related to adult entertainment uses
or adult entertainment businesses, determine the nature of
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these impacts on the City, and to develop recommendations for
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future action to address these impacts, which action may
include proposed regulations for adult entertainment uses or
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adult entertainment businesses. The Planning Commission shall
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return its work plan to the City Council at least two weeks
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prior to the date of the public hearing set in Section 4
herein.
Beotio~ 3. EFFECTIVE For a period of
PERIOD:
one year
new land
from the effective date of this ordinance, or until
use and/or business licensing regulations governing the
location and operation of adult entertainment uses and
businesses take effect, whichever is sooner, no required City
business license, use permit or building permit, which is
applied, for after the effective date of this ordinance, shall
be accepted or issued for any adult entertainment business or
adult entertainment use as defined herein.
8ectlon 4. PUBLIC HEARIN~ OR MORATORIUM: Pursuant to
RCW 36.70A.390, the City Council shall hold a public hearing
on this moratorium within sixty (60) days of its adoption, or
by February 16, 1996. Immediately after the public hearing,
the City Council shall adopt findings of fact on the subject
Ordinance No. 4824
December 14, 1995
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of this moratorium, and either justify its continued
imposition or cancel the moratorium.
Section 5. SEVERABILITY: If any section, subsection,
sentence, clause, phrase or word of this ordinance should be
held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof
shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase or work of
this ordinance.
Section 6. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 7. This Ordinance shall
force five (5) days from and after its passage,
publication, as provided by law.
take effect and be in
approval and
INTRODUCED:
PASSED:
APPROVED:
Ordinance No. 4824
Dec~mber 14, 1995
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CHARLES A. BOOTH
MAYOR
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published: /~/~
Ordinance No. 4824
December 14, 1995
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