HomeMy WebLinkAbout3216ORDINANCE NO. �.2-16
AN ORDINANCE of the City Council of the
i City of Kent, Washington, relating to land
use and zoning of adult entertainment
p businesses, extending a moratorium on the
jo issuance of permits and on the acceptance of
applications for permits for adult
'Ail entertainment businesses as defined in KCC
Title 5 for one additional six month term
pursuant to RCW 35A.63.220; and further
declaring a public emergency necessary for
the protection of public health, safety,
property and peace.
WHEREAS, the City's adult entertainment zoning
restrictions were found deficient by the U.S. District Court for
the Western District of Washington because adult entertainment
businesses were denied reasonable alternative sites within which
adult entertainment businesses could locate; and
WHEREAS, the City needed time to revise its present
zoning restrictions and determine how to provide reasonable
alternative sites for the location of adult entertainment
businesses consistent with the court's ruling; and
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WHEREAS, the City Council finds that there are negative!
secondary effects associated with adult entertainment businesses
which constitute a threat to the public health, safety and
welfare; and
WHEREAS, the public health, safety and welfare would be
jeopardized by the establishment of adult entertainment
businesses prior to adoption of new zoning legislation by
Council; and
WHEREAS, any changes to the zoning code must also
consider changes in zoning regulations adopted pursuant to the
Growth Management Act, RCW 36.70A; and
WHEREAS, the City Council finds that the protection of
the public health, safety and welfare supports imposing a
Ii moratorium on adult entertainment businesses pending appropriate
amendments consistent with the ruling of the U.S. District Court
Cause No. C94 -256Z; and
WHEREAS, pursuant to RCW 35A.12.130, the City Council
may, by a vote of majority plus one of the Council, adopt a
public emergency ordinance for the protection of public health,
Public safety, public property or public peace; and
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WHEREAS, since the court ruled that the City's zoning
code restrictions failed to provide reasonable alternative sites
for the location of adult use businesses, the City cannot
properly accept and process applications for such facilities; and
WHEREAS, on September 20, 1994, the City Council
adopted an emergency ordinance establishing a six month
moratorium on the acceptance of permit applications and the
issuance of permits for adult entertainment businesses; and
I WHEREAS, the City has not been able to complete its
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review of zoning changes regarding adult entertainment businesses
within the term of the moratorium and therefore finds it
necessary to extend the moratorium to allow for completion of
this review; and
WHEREAS, pursuant to RCW 35A.12.130, the City Council
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also finds that, due to the negative secondary effects associated'
with adult entertainment businesses, an emergency ordinance is
necessary for the protection of public health, public safety,
public property, and public peace; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. The above listed recitals are found to be j
true and correct in all respects.
SECTION 2. As a result of the ruling of the U.S.
District Court for the Western District in Cause No. C94-2562 and
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due to the negative secondary effects associated with adult
entertainment businesses, an emergency situation exists
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necessitating immediate action and that a public emergency
ordinance is the appropriate and necessary action to take for the!
protection of public health, public safety, public property, and
public peace.
SECTION 3. Due to the findings set forth herein and as
authorized pursuant to RCW 35A.63.220, the land use moratorium
prohibiting the issuance of permits and acceptance of permit
j applications for adult entertainment businesses adopted by
Ordinance 3185, is hereby extended for one additional six month
term expiring six months from the date of adoption hereof or
until the effective date of any ordinance establishing new
I. regulations governing the location of adult entertainment
businesses, whichever is sooner, and during said moratorium, no
use permit shall be issued nor shall any use or permit
application be accepted for any adult entertainment business as
defined in KCC Title 5.
SECTION 4. As a result of the ruling and order of the
U.S. District Court for the Western District in Cause No.
C94-2562, the plaintiff in said case shall not be affected by the
extended moratorium established herein for the proposed adult
entertainment use on the property identified in the order.
SECTION 5. 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 6. Effective Date. This emergency ordinance'
shall take effect and be in force immediately upon adoption.
ATTEST:
BRENDA JACOB ITY CLERK
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APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED day of
1995.
APPROVED S day of
1995.
PUBLISHED day of 1995.
I hereby certify that this is a true copy of Ordinance
No.-32L(o , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
BRENDAJAC ER, ITY CLERK
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