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ORDINA~ICE NO. 4 8 8 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, REPEALING CHAPTER 18.74, ADULT USES, AND
REENACTING A NEW CHAPTER, CHAPTER 18.74, ADULT USES, WHICH
INCORPORATES THE PREVIOUS PROVISIONS OF ADULT USES AND IN
ADDITION PROHIBITS ADULT USES WITHIN ONE THOUSAND FEET OF ANY
OTHER LEGAL CONFORMING RESIDENTIAL USE, AMENDS THE PROHIBITED
AREA FROM ONE MILE TO ONE THOUSAND FEET, ADDS A PROHIBITED
AREA WITHIN ONE THOUSAND FEET OF A DAY CARE FACILITY AND
WITHIN ONE THOUSAND FEET OF ANY OTHER ADULT USE.
WHEREAS, Chapter 18.74 deals with prohibited areas for
adult uses; and
WHEREAS, the City had enacted a moratorium on adult uses
and adult entertainment and pursuant to the moratorium
ordinance prescribed that adult uses and adult entertainment
be reviewed and, if appropriate, modified; and
WHEREAS, modifications consist of amending definitions,
providing new definitions, modifying the adult uses as set
forth in Chapter 18.74, and adding a new Chapter, 5.30,
entitled "Adult Entertainment Establishments"; and
WHEREAS, to encourage orderly growth and development and
to preserve existing uses, zoning and other like restrictions
are necessary and vital to carrying out the objectives of the
Comprehensive Plan; and
Ordinance No. 4886
July 12, 1996
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WHEREAS, the establishment of the adult uses herein and
the distances as set forth are in conformity with the
Comprehensive Plan; and
WHEREAS, the establishment of the prohibited area
designations and other provisions of this ordinance do not
have an adverse environmental effect; and
WHEREAS, it is necessary for public health,
certain uses from adult uses; and
is found that
placed next to
upon the other
welfare to protect
WHEREAS, it
municipalities, if
detrimental effect
limited to, reducing the use of
perceived fear, whether real or not,
visiting certain uses that are in
uses; and
WHEREAS,
safety and
adult uses, in other
other uses can have a
uses including, but not
other uses because of
by the general public, in
close proximity to adult
it is found from other municipalities
that there
is a higher incidence of criminal activity such as the dealing
of narcotics and prostitution in or immediately adjacent to
adult uses; and
Ordinance No. 4886
July 12, 1996
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WHEREAS, a one thousand foot separation is a reasonable
distance to keep adult uses from selected uses which would be
detrimentally effected by the adult uses; and
WHEREAS, adult uses would have a detrimental effect if an
immediately proximity to a residential zone or conforming
residential use, a private or public school, a chl[rch or other
religious facility or institution, a public park or recreation
facility, a public library or a day care facility; and
WHEREAS, the spacing between adult uses is necessary to
prevent an area from becoming an exclusive adult use area and
hereby have a higher probability of criminal activity; and
WHEREAS, it has been found from other municipalities that
combining adult uses in one geographic area has resulted in
blight and additional criminal activity in that area and
requires, among other things, additional concentration of
public safety personnel in that specific area; and
WHEREAS, residential, public and private
churches, religious facilities or institutions,
or recreational facilities, public libraries
facilities all involve children; and
schools,
public parks
and day care
Ordinance NO. 4886
July 12, 1996
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WHEREAS, children exposed to adult uses on a continual
basis, like an educational process, acclimates that child to
that form of use and interest in that form of use which can
result in a behavioral pattern of the child that results in a
burden to the general public as a direct result of the sexual
activities of the child at an earlier age due to this
educational process; and
WHEREAS, the public burden resulting from ~he above is
the allocation of public funds to support young people with
children that have had the children prior to obtaining an
education to obtain employment to provide the income necessary
for the support of children; and
WHEREAS, a further public burden is caused by the above
by the finding that there is a likelihood that a parent unable
to financially support a child will result in criminal
activity to obtain additional compensation; and
WHEREAS, the homes of citizens should be protected from
viewing uses from their home, which it is found that citizens
find offensive; and
Ordinance No. 4886
July 12, 1996
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WHEREAS, a person's religious freedom should not be
interfered with by a 9overnmental action of placin9 a use near
4 religious expression which is inconsistent with
5 freedom of religious worship; and
6 the geographical spacing between
the place of
the citizens'
WHEREAS,
necessary
which has
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to prevent the establishment of
occurred in other municipalities
all adult uses into one specific area.
NOW, THEREFORE, THE CITY COUNCIL OF THE
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Auburn City Code Chapter
adult uses is
a ~combat zone"
whiclh have zoned
CITY OF AUBURN,
18.74 is hereby
repealed.
~ There is hereby established ii1 the Auburn
Municipal Code Chapter 18.74 "Adult Uses" to read as follows:
Ordinance No. 4886
July 12, 1996
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Chapter 18.74
ADULT USES
Sections:
18.74.010 Purpose.
18.74.020 Prohibited area designated.
18.74.010 Purpose.
The purpose of this chapter is to restrict the location
of adult uses thereby protecting the public health, safety,
morals and general welfare of Auburn.
18.74.020 Prohibited area designated.
A. Adult uses are prohibited within tile following
areas:
1. Within any residential (R) zone;
2. Within 1,000 feet of any residential (R) zone
or any other legal conforming residential use
as defined in this title;
Within 1,000 feet of any public or private
school;
within 1,000 feet of any church or other
religious facility or institution;
Within 1,000 feet of any public
recreation facility;
park or
Ordinance No. 4886
July 12, 1996
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Within 1,000 feet
Within 1,000 feet
Within 1,000 feet
of any public library.
of any day care facility.
of any other adult use.
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.
Section 3. If any provision of this Ordinance is
determined to be invalid or unenforceable for any reason, the
remaining provisions of this Ordinance shall remain in force
and effect.
The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~ This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
Ordinance No. 4886
July 12, 1996
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INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTPH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 4886
July 12, 1996
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