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HomeMy WebLinkAbout4824 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 Page 2 10 i1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 1 issue, hold public hearings as needed, determine if there are 2 secondary land use impacts related to adult entertainment uses or adult entertainment businesses, determine the nature of 4 these impacts on the City, and to develop recommendations for 5 future action to address these impacts, which action may include proposed regulations for adult entertainment uses or 7 adult entertainment businesses. The Planning Commission shall 8 return its work plan to the City Council at least two weeks 9 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 Page 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 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 Page 4 CHARLES A. BOOTH MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: /~/~ Ordinance No. 4824 December 14, 1995 Page 5