HomeMy WebLinkAbout3242ORDINANCE No. 3,24 -2 -
AN
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AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to land
use and zoning of adult entertainment
businesses, extending a moratorium on the
issuance of permits and on the acceptance of
applications for permits for adult
entertainment businesses as defined in KCC
Title 5 until January 15, 1996, 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 as applied, the Kent
Zoning restrictions denied adult entertainment businesses
reasonable alternative sites within which to 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
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 found that the protection of
the public health, safety and welfare supported a 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
WHEREAS, since the court ruled that, as applied, 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
WHEREAS, during the moratorium period, the City of Kent
Planning Commission has conducted workshops and held public
hearings to address amending it's adult entertainment zoning
regulations; and
oil
WHEREAS, the deliberations of the Kent Planning
Commission extended beyond the initial 6 month moratorium; and
WHEREAS, expiration of the initial moratorium prior to
the implementation of an amendment to the zoning code creates a
continuing threat to the public health, safety, property and
peace; and
WHEREAS, to avoid exposing the City to the negative
secondary effects associated with adult entertainment businesses
and to accommodate the continued deliberations on zoning code
amendments for adult entertainment zoning, the City Council
declared an emergency and extended the moratorium on April 4,
1995, for an additional 6 month period, pursuant to RCW
35A.63.220; and
WHEREAS, the City has not been able to complete 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 completion of this review; and
WHEREAS, the matter is scheduled to be brought before
the Kent Planning Committee for discussion and action and
thereafter to be brought before the full council for action on
December 12, 1995; and
WHEREAS, the moratorium must therefore be extended
until January 15, 1996, to allow the process to be completed; and
WHEREAS, pursuant to RCW 35A.12.130, the City Council
also finds that, due to the negative secondary effects associated
with adult entertainment businesses, an emergency ordinance is
3
necessary for the protection of public health, public safety,
public property, and public peace; NOW, THEREFORE,
I THE CITY COUNCIL OF THE CITY OF KENT,
HEREBY ORDAIN AS FOLLOWS:
WASHINGTON, DOES
SECTION 1. The above listed recitals are found to be
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 -256Z and'.
due to the negative secondary effects associated with adult
entertainment businesses, an emergency situation exists
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
applications for adult entertainment businesses adopted by
Ordinance 3185 and extended by Ordinance 3216 is hereby extended
until January 15, 1996, or until the effective date of any
ordinance establishing new 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.
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C94 -256Z, 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:
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BRENDA JACOBER,-CI CLERK
APPROVED AS TO FORM:
ROGER�A. LUBO CH, CITY"ATTORNEY
PASSEDda y of ,`�rn��E 1995 .
APPROVED
PUBLISHED
day of e
day of
1995.
1995.
I hereby certify that this is a true copy of Ordinance
No. �, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
21nduse.ord
(SEAL)
BRENDA J, OBE CITY CLERK
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