HomeMy WebLinkAbout3275Ordinance No. 3275
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
CFN=175-Business License
Passed 1/2!1996
Zoning Setback Restrictions for Adult Uses
Amended by Ord. 3612
Amended by Ord. 3770
ORDINANCE NO.-�
I'� AN ORDINANCE of the City Council of the
lF' �, City of Kent, Washington, regarding the
amendment of the zoning setback restrictions
04. for adult uses.
WHEREAS, the secondary effects of the activities
defined and regulated in Chapter 5.10 of the Kent Zoning Code are
detrimental to the public health, safety and general welfare of
the citizens of the City, and, therefore, such activities must be
regulated as provided in Chapter 5.10 of the Kent City Code; and
WHEREAS, regulation of the adult entertainment industry
is necessary because, in the absence of such regulation,
significant criminal activity has historically and regularly
occurred. This history of criminal activity in the adult
entertainment industry has included prostitution, narcotics, and
liquor law violations, breaches of the peace and the presence
within the industry of individuals with hidden ownership
interests and outstanding arrest warrants; and
WHEREAS, contact between entertainers and patrons of
adult entertainment businesses facilitates prostitution and other
related crimes and the concern over unlawful sexual activities
and related crimes as a legitimate health concern of the City
which demands reasonable regulation of adult entertainment
businesses in order to protect the health and being of the
citizens; and
WHEREAS, in the absence of regulation, the activities
i
described in this section occur regardless of whether the adult
entertainment is presented in conjunction with the sale of
alcoholic beverages; and
WHEREAS, the City Council of the City of Kent desires
to prevent these adverse effects and thereby protect the health,
safety, and welfare of the citizenry; protect the citizens from
increased crime; preserve the quality of life, preserve the
,property values and character of surrounding neighborhoods; and
,deter the spread of urban blight; and
WHEREAS, it is not the intent of this ordinance to
suppress any speech activities protected by the First Amendment
or Article I, Section 5 of the Washington State Constitution, but
to enact content neutral regulations which address the secondary
effects of the adult entertainment businesses, as well as the
health problems associated with such businesses; and
WHEREAS, the City's adult entertainment zoning
restrictions were recently found, by the U.S. District Court for
the Western District of Washington, to deny adult entertainment
businesses reasonable alternative avenues of communication by not
providing an adequate number of alternative sites for the
location for such facilities; and
2
WHEREAS, the City has reviewed the legislative history
which supports the City of Kent's adult use zoning setback
restrictions; and
WHEREAS, the legislative history supports a finding
that there are negative secondary effects associated with the
operation of adult entertainment businesses within 1,000 feet of
churches, parks, schools, libraries and residential zones; and
WHEREAS, the legislative history, in support of the
zoning setback restrictions for adult entertainment businesses,
do not indicate that there are negative secondary effects
associated with the operation of adult entertainment businesses
within 1,000 feet of legal non -conforming residential or multi-
family uses in commercial zones; NOW THERFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above listed recitals are found to be
true and correct in all respects.
SECTION 2. Section 15.08.270 is hereby amended as
follows:
Sec. 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
3
radius consisting of the following distances from
the following
jspecified
uses or zones:
1.
Within one thousand
(1,000)
feet of any
residential
zone (RA, A-1, AG, R1-7.2,
R1-9.6, R1-12, R1-20, MR -D,
MR -G, MR -M, MR -H and
gTe--e
MHP as
,, ,
provided in
fm D e s i ell
chapter 15.09)_
use.
2.
Within one thousand
(1,000)
feet of any
public or
private school.
3.
Within one thousand
(1,000)
feet of any
church or other
religious facility or institution.
4.
i
Within one thousand
(1,000)
feet of any
public park.
5.
Within one thousand
(1,000)
feet of any
public library.
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 state law, including procedures set forth
in section 15.09.090.
0
D. Nothing in this section is intended to authorize,
,legalize or permit the establishment, operation or maintenance of
lany business, building or use which violates any city ordinance
!or statute of the state regarding public nuisances, sexual
conduct, lewdness or obscene or harmful matter or the exhibition
or public display thereof.
SECTION 3. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid
or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
SECTION 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its
publication as provided by law.
ATTEST:
BRENDA JACOB XR, ITY CLERK
5
APPROVED AS TO FORM:
ROLE A. LUB6ICH, CTT T-A-T--T-O--RN--E-Y.-----
PASSED
'APPROVED
PUBLISHED
day of L 19961.
day of 194.
day of L1996.C4
I hereby certify that this is a true copy of ordinance
.No. J-2 7� passed by the City Council of the City of Kent,
l'Washington, and approved by the Mayor of the City of Kent as
i
Thereon indicated.
adltzone.ord
(SEAL)
BRENDA JACOBE,R, CITY CLERK
110