HomeMy WebLinkAbout3185ORDINANCE NO. J �j
AN ORDINANCE of the City Council of the
City G
Cty of Kent, Washington, relating to land i ,
use and zoning of adult entertainment
businesses, imposing a moratorium on the
issuance of permits and on the acceptance of i
applications for permits for adult
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entertainment businesses as defined in KCC
Section 5.11 and further declaring a public
emergency necessary for the protection of
public health, safety, property and peace.
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WHEREASthe City's adult entertainment zoning
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jrestrictions were found, by the U.S. District Court for the
Western District of Washington, to deny adult entertainment
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;businesses reasonable alternative avenues of communication by not
;providing an adequate number of alternative sites for the
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Vocation of such facilities; and
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WHEREAS, the City needs time to revise its present
zoning restrictions and determine how to provide reasonable sites
for the location of adult entertainment businesses consistent i
with the court's ruling; and
WHEREAS, the City Council has found 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 protection of 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 after receipt of the recommendations
regarding the zoning of such businesses by the Planning
Commission; 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 therefore finds that the
protection of the public health, safety and welfare supports
imposing 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
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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, due to the court's ruling that City zoning
code restrictions do not allow for an adequate number of sites
for the location of adult use businesses, the City cannot
properly accept and process applications for such facilities; and
WHEREAS, pursuant to RCW 35A.12.130, the City Council p
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
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.
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SECTION 3. Due to the findings set forth herein and as
authorized pursuant to RCW 35A.63.220, a moratorium is hereby
established for a period of six months from the effective date of
this ordinance or until the effective date of any ordinance
establishing new land use 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 5.11.
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
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.
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SECTION 6, Effective Date. This emergency ordinance
shall take effect and be in force immediately upon adoption.
ATTEST:
BRENDA JACOBER, CITYjCLERK
!APPROVED AS TO FORM:
IROGER A. LUBOVICH, CITY ATTORNEY
PASSED
day of C`� ! 1994.
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APPROVED ! day of -a _ 1 i �" L 1994.
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PUBLISHED !' day of - 1994.
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I hereby certify that this is a true copy of Ordinance
No. 3/(`;, passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
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(SEAL)
BRENDA JACOBER, �ITY CLERK
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