Ordinance 30670006.150.084
PAO /gjz
10/12/95
R:02 /14 /96pao
ORDINANCE NO. 3067
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING FINDINGS OF FACT TO
JUSTIFY A SIX -MONTH EXTENSION OF A SIX -MONTH
MORATORIUM ON BUSINESS LICENSES, BUILDING
PERMITS AND OTHER FORMS OF DEVELOPMENTS
REGARDING ADULT ENTERTAINMENT, AND ALSO
IMPOSING A SIX -MONTH EXTENSION OF THE
MORATORIUM, PURSUANT TO RCW 36.70A.390, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, on April 25, 1995, the City Council imposed a six -month
moratorium on business licenses, building permits and other forms of development permits with
regard to adult entertainment, all as provided in Ordinance: No. 3019; and
WHEREAS, RCW 36.70A.390 permits six -month extensions of zoning moratoria
adopted under RCW 36.70A.390 if a public hearing is held and findings of fact are made prior
to each extension; and
WHEREAS, Edmonds Ordinance No. 3049 extended the moratorium an additional
six months to April 25, 1996; and
WHEREAS, a public hearing was held on February 20, 1996 for the extension
of the moratorium an additional six months to October 25, 1996; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
114013.10 -1-
Section 1. As required by RCW 36.70A.390, the City Council hereby adopts the
following findings of fact to support the extension of the City's six -month moratorium on adult
oriented businesses as initially imposed in Ordinance No. 3019.
A. Secondaa Effects of Adult Entertainment Businesses and Uses. The City
Council is not aware of the operation of any adult entertainment use or
business in the City of Edmonds, however, other cities in the United
States have found that adult entertainment businesses and uses in their
jurisdictions have secondary land use impacts which necessitated the
adoption of regulatory ordinances to ameliorate the deleterious effects of
these types of uses or businesses. These cities have documented the
following non - exhaustive list of secondary land use impacts associated
with adult entertainment uses and businesses:
1. Incidence of Crime.
a. increase in property crimes such as theft and robberies;
b. increase in crimes against a person such as rapes and
indecent liberties;
C. adult businesses require more police response and
protection, thereby reducing the availability of police
services to other areas of the city; and
d. increase in other types of crimes such as sale of controlled
substances, prostitution, and exploitation of minors.
2. Impacts on Property Values.
a. adult businesses cause "blight;"
b. adult businesses cause skid -road effect;
C. residents or shoppers in the city will move or shop
elsewhere if adult entertainment uses are allowed to locate
in close proximity to residential uses; churches, parks,
schools and other public facilities;
d. location of adult entertainment uses in close proximity to
residential uses, churches, parks, schools and other public
114013.10 -2-
facilities will reduce retail trade to commercial uses in the
vicinity, reducing tax revenues to the City;
e. increased traffic;
L patrons of adult businesses are less likely to uphold or
respect community standards;
g. 'excessive noise associated with -adult businesses;
h. litter associated with adult businesses;
i. exposure and visibility of adult businesses to school -age
children is detrimental to quality of residential life;
j. adult businesses adversely affect the family orientation of
a neighborhood;
k. ration of adult businesses within walking distance of
churches and other religious facilities will have an adverse
effect upon the ministry of such .churches and will
discourage attendance at such churches;
1. location of adult businesses on the main commercial
thoroughfares of the City gives an impression of legitimacy
to, and causes a loss of sensitivity to the adverse effect of
pornography upon children, established family relations,
respect for the marital relationship and the concept of non -
aggressive consensual sexual relations; and
m. location of adult businesses in close proximity to residential
uses, churches, parks, schools and other public facilities
will cause a degradation of the community standard of
morality, because pornographic material has a degrading
effect upon the relationship between spouses.
The City Council finds that because the above secondary land use impacts
have been associated with adult entertainment businesses and uses in other
cities, there is sufficient reason for the Council to believe that these
impacts may also accompany the operation of any adult entertainment
businesses or uses in the City of Edmonds. Therefore, the Council finds
the imposition of a moratorium for the purpose of studying the secondary
land use impacts in a manner in which the uses and businesses should be
114013.10 -3-
regulated is necessary now, before any adult entertainment use or business
either locates, or attempts to operate in the City.
B. Existing City Ordinance. At the present time, the City's ordinances do.
not appear to adequately address the siting or operation of adult
entertainment businesses or uses. There also may be a constitutional
deficiency in the City's current regulations of adult uses. As a result, if
an adult entertainment business were to locate or operate in the City of
Edmonds, the City's existing regulations would not adequately address the
above secondary land use impacts, which other cities have found to be
associated with the business or use. The City's existing regulations also
could be successfully challenged on constitutional grounds. Thus, all of
the City's existing regulations could be undermined by the challenges.
The City Council finds that in the interest of the public's health, safety
and welfare, there is a need to study these businesses and uses, and to
determine the appropriate manner of regulating any secondary impacts.
C. Need to Preserve the Status. Since there is a possibility that an adult
entertainment business or use could attempt to locate or operate within the
City before the City has adequate time to study and adopt the appropriate
regulations, the moratorium is necessary to preserve the status quo. The
City Council finds that the proper time to develop and adopt adult
entertainment regulations is prior to the location and operation of an adult
entertainment business or use in the City, so that any vested rights will not
be affected.
D. Necessity for Extension of Six-Month Moratorium. Due to demands made
by the Growth Management Act, Regulatory Reform and Referendum 48,
the City Attorney's office has not had the time to invest adequate attention
to the preparation of an adult entertainment ordinance. Also, the
Edmonds City Attorney's office has been accumulating statistics from
local law enforcement agencies on the secondary impacts of adult
entertainment and the Edmonds City Attorney's office has not been able
to complete the acquisition of these statistics within the initial six-month
moratorium period. Since most, if not all, of the data on the secondary
impacts of adult entertainment is only available from other states, the
availability of local statistics would be of significant assistance to the City
of Edmonds in formulating an adult entertainment ordinance tailored to
address secondary impacts in the Puget Sound area. The City Attorney's
office has also enlisted the assistance of a specialist in adult entertainment
legislation in order to expedite the preparation of an adult entertainment
ordinance.
114013.10 -4-
Section 2. Extension of Moratorium For an Additional Six Months. The
moratorium on business licenses, building permits and other forms of development permits with
regard to adult entertainment adopted by Ordinance No. 3019 of the City of Edmonds shall
remain in effect for an additional six months from the date of expiration identified in Ordinance
No. 3049, or until the Council adopts new adult entertainment regulations, whichever is sooner.
The Planning Division and Planning Board are directed to draft, consider and bring forth adult
entertainment regulations for considerations by the City Council no later than September 3,
1996.
Section 3. Severbility. 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, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, BARBARA S. FkJ Y
AAM
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
114013.10 -5-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
I 1
FILED WITH THE CITY CLERK: 2/16/96
PASSED BY THE CITY COUNCIL: 2/20/96
PUBLISHED: 2/25/96
EFFECTIVE DATE: 3/1/96
ORDINANCE NO. 3067
11401330 -6-
SUMMARY OF ORDINANCE NO. 3067
of the City of Edmonds, Washington
On the 20thday of February , 199 6 , the City Council of the City of Edmonds,
passed Ordinance No. 3067 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING FINDINGS
OF FACT TO JUSTIFY A SIX -MONTH EXTENSION OF A SIX -MONTH MORATORIUM
ON BUSINESS LICENSES, BUILDING PERMITS AND OTHER FORMS OF
DEVELOPMENTS REGARDING ADULT ENTERTAINMENT, AND ALSO IMPOSING A
SIX -MONTH EXTENSION OF THE MORATORIUM, PURSUANT TO RCW 36.70A.390,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of February , 199 6 .
J"" d' uw-./
ITY CLERK, SANDRA S. CHASE
84 Time, Place, and Manner Regulation of Business Activity
AUSTIN CITY COUNCIL
MAYOR
Frank C. Cooksey
MAYOR PRO TEM
John Trevino, Jr.
COUNCIL MEMBERS.
Mark Rose
Smoot Carl - Mitchell
Sally Shipman
George Humphrey
Charles E. Urdy
CITY MANAGER
Jorge Carrasco
REPORT ON ADULT ORIENTED
BUSINESSES IN AUSTIN
Prepared By
Office of Land Development Services
May 19, 1986
City of Austin
gg Time, Place, and Manner Regulation of Business Activity
SUP'QWY
Purpose
This report provides the basis for development of an amendment to the
Austin zoning ordinance regulating adult businesses. Austin's current
adult business zoning ordinance was permanently enjoined from being
enforced in January, 1985 when Taurus Enterprises sued over a "Code
Violation Notice ", issued by the City. The violation occurred because
a bookstore was located within 1000 feet of property zoned and used
for residential proposes.
Existing Research and Legal Basis
The first portion of the study examines existing research concerning
the impact of adult business on crime rates and property values.
Results from these studies contain-similar findings - crime rates are
higher and property values lower near adult oriented businesses.
Despite the negative impacts, regulation of adult businesses must
respect constitutional rights of owners and patrons. Therefore an
overview of pertinent legal and constitutional issues is also
provided.
Existing Adult Businesses in Austin
Austin has 49 adult oriented businesses, consisting primarily of
bookstores, aters, massage parlors, and topless bars. Generally,
these businesses are located in an area between Lamar Boulevard and
Interstate Highway 35.
Analysis of the Impacts of Adult Businesses in Austin
An analysis of crime rates was conducted by comparing areas with adult
businesses (study areas) to areas without adult businesses (control
areas). Both control and study areas are circular in shape with a
1,000 foot radius, contain similar land uses, and are in close
proximity to one another. Four study areas were defined: two with
single businesses and two with more than one business. within the
study areas, sex - related crimes nme found to be from two to ngarly
five m ng
_times the cit -wide avee../ Also, sex -re crime rates were
'found toe- �6igfier`in study areas with two adult businesses
compared to study areas with only one business.
int - ocd" tv assess; trio: i�apas 1"1 bus sses pro t p, .
gwsti c�sa� wen sidled s �pp & -
firms'.=�"�'Lr1qhte*Jgbt.,. pe �- s iBd#'tate ar�el
that., ass.: adult,: ;._ - bookstore would- decrease.. residential. prog itt ;xva 1
withirV,'am blocle .'and: 59i. 'felt thalt residentf t Vi als
decreasewti w�this� ths� oe "'"` 1 P t sed their opinions
several`- 'tactors: They noted that adult businesses evade homes less
attractive to families, thus lowering demand and property values.
others stated that the existence of adult businesses leads mortgage
underwriters to believe that the neighborhood is in decline, thus
making, 9SWfinancinq difficult
7,.
Appendix B 91
CHAPTER II
SUMMARY OF EXISTING RESEARCH
This chapter presents a brief overview of existing research and
regulations written to address adult oriented businesses in various
parts of the country. An understanding of the effects of adult
oriented businesses on surrounding properties and the legal basis for
regulations controling such businesses is critical in developing an
ordinance for Austin.
A. ANALYSIS OF EXISTING RESEARCH
Amarillo, Texas
The City of Amarillo's study, A Report on Zonin and Other Methods of
Regulating Adult Entertainment Uses in Amarillo, concl a that a u t
entertainment uses are distinguishable from other businesses in that
they have negative impacts- on surrounding land uses. The study
established a relationship between high crime rates and proximity to
adult businesses. Furthermore, the study found that the late operating
hours of most adult businesses created special problems to surrounding
neighborhoods in the form of noise, glare, and, traffic.
Beaumont, Texas
A planning department study done for the Charlton- Pollard Neighborhood
in Beaumont, Texas investigated the effect of adult businesses on
economic decline and crime. The study concluded that the
concentration of adult businesses drove away neighborhood commercial
stores and contributed to an increase in crimes such as prostitution,
drug use, and muggings.
Indianapolis, Indiana
In February, 1984, the Division of Planning in Indianapolis published
a report titled Adult Entertainment Businesses in Indianapolis: An
Analysis. This report contained the resu is of an evaluation of the
impact of adult business upon surrounding areas in terms of crime
rates and real estate values. The study assessed the impact of adult
entertainment businesses on crime rates by researching six areas
containing adult businesses and six similar areas containing no adult
businesses. A comparison of these areas revealed that sex - related
crime rates were 77 percent higher in areas containing adult
businesses.
92 Time, Place, and Manner Regulation of Business Activity
Tile second portion of the study evaluated the impact of adult
businesses on real estate values by surveying professional real estate
appraisers. Two surveys were conducted. The first surveyed opinions
of members of the American Institute of Real Estate Appraisers
practicing in 22 metropolitan areas similar in size metto Indianapolis.
The second survey was a 201 random sample ar at a
In the metropolitan area survey, 781 of those
national level. values would decrease if
surveyed felt that residential property
ock of an adult business. The national survey
located within one bl felt
generated similar results if locatedewithinyadblock ofsaneadult
property values woul d decrease
business.
Los Angeles, California
The Department of City Planning for Los Angeles published a report in
June, 1977 entitled Stud r of the-Effects of the Concentration of
Adult Entertainment Establishments in the City of Los Ange es. An
evaluation of the impact of adult businesses on both crime rates and
property values was conducted. Grime rates were evaluated by
comparing the Hollywood area with remainder
because oaf tits thigh
Hollywood was selected as a study
concentration of adult businesses. The study focused on the years
1969 to 1975, during which the number Of adult businesses increased
from 11 to 88 establishments. The study indicated that prostitution
arrests in the Hollywood area were 15 times greater than the city
average.
Like the Indianapolis report, the Los Angeles study surveyed real
estate appraisers to assess the impact of adult businesses on property
values. Over 901 of those surveyed felt that the concentration of
adult businesses would decrease the market value of private residences
located within 1000 feet of the adult business. Eighty -seven percent
indicated that the concentration of adult businesses would decrease
the market value of business property located in the vicinity of such
establishments.
Los Angeles County, California
In April, 1978, the Department of Regional Planning of the County of
Los Angeles published a study entitled Adult Entertainment study and
w nt
Proposed Zoning Ordinance Amendment. In
officers were surveyed. Responses from the surveys indicated that
areas with a concentration of adult businesses have a higher incidence
of public intoxication,' theft, assault, disturbing the peace, and
ling
sex - related vice. Respondents icst e
studios, and massage pa caused the mo individual problems.
Appendix B
• Phoenix, Arizona
Vic city of Phoenix study investigated the incidence of crime by
comparing three study areas containing adult businesses with three
control areas without adult businesses. They concluded that crimes
were 43 percent higher, violent crimes were 4 percent higher, and sex
related crimes were over 500 percent higher in the study areas.
St. Paul Minnesota
The planning department in St. Paul conducted a study entitled Effects
on Surrounding Area of Adult Entertainment Businesses. The study
found that there was a statistically significant correlation between
diminished housing values and crime rates and the location of adult
businesses. The study also concluded that there was a stronger
correlation with neighborhood deterioration after the establishment of
an adult business.
93
Appendix B 121 j
CHAPTER IV is
CONCLUSIONS
A. CRIME RATES
The results of this study indicate that there can be significant
detrimental impacts on neighborhoods located near adult businesses.
An analysis of sex - related crime rates in areas with adult businesses
(Study Areas) revealed rates approximately two to five times higher
than city -wide averages. Control Areas, which contain no adult
businesses but have similar locations and land uses as the Study
Areas, were found to have sex related crime rates approximately the
same as city -wide rates. Moreover, sex - related crime rates in Study
Areas with more than one adult business were found to be 66% higher
than Study Areas with one adult business.
B. PROPERTY VALUES
The results of the assessment of the impact of adult businesses on
property values suggests that there may be a severe decline in
residential property values located within one block of an adult
business site. There is an indication, based on the subjective
opinions of real estate appraisers and lenders, that the introduction
of an adult business into an area adjacent to -family- oriented, owner-
occupied residential neighborhoods may precipitate a transition to a
more transient, renter - occupied neighborhood. The results of the •
survey of appraisers and lenders closely parallels the results of a
similar survey conducted in Los Angeles, California and nationwide
surveys conducted by the Division of Planning in Indianapolis,
Indiana.
C. TRADE AREA CHARACTERISTICS
The analysis of the trade area characteristics of the adult business
sites indicates that these businesses draw a substantial portion of
their clientele from outside the immediate area in which they are
located, and a sizable percentage of their clientele appear to reside
outside the Austin area. From a land use standpoint, these businesses
exhibit characteristics similar to other regionally oriented
commercial service businesses.
by government a COUNTI UNTIES
,grin this section grants a P iv protected b 36.70f�.41�
g compliance with e private Part e right
Bess., ch. 32 Y the (c) Prepare and circulate to counties and cities such instructional manuals
§ 18 the p ovisions of this secti other information derived from the pilot projects as will assist all counties
eff. July 16, 1991.
d cities in meeting the requirements and objectives of chapter 43.21C RCW
1 of designation date the most expeditious and efficient manner in the process of considering
;tend the date b mprehensive plans pursuant to this chapter.
lands, forest y which a county or city is 2.e (5) The department shall submit a final report to the legislature no later
36.70A.170, or lands, mineral quir an December 31, 1995.
the date b recap resource lands, a nacted by Laws 1991, Sp.Sess., ch. 32, § 20, eff. July 16, 1991. Amended by Laws
ids and critical areas y which
3 that it is under RCW unty or city 995, ch. 399, § 43.
r° meet proceeding in an 36.70A.060, if t
these requirements. °rderly fashion
hundred eighty days An extension � and 6.70A.390. Moratoria, interim zoning controls — Public hearing -
'lty of the y The length may Limitation on length— Exceptions
ch. 32 , effort to cpnform Wi h heseer quir A county or city governing body that adopts a moratorium, interim zoning
§ 39, eff. July 16, 1991. ap, interim zoning ordinance, or interim official control without holding a
public hearing on the proposed moratorium, interim zoning map, interim
al Planning Pilot zoning ordinance, or interim official control, shall hold a public hearing on the
-° determ- Projects adopted moratorium, interim zoning map, interim zoning ordinance, or interim
er 43.2IC RCW whether the env' official control within_ at least sixty days of its adoption, whether or not the
ironmental review governing body received a recommendation on the matter from the planning
when applied to COaY be enhanced
when
sh comprehensive and simpli, commission or department. If the governing body does not adopt findings of
all undertake pilot Plans mandat• fact justifying its action before this hearing, then the governing body shall do
�e review process can be i ProJeCts on environ. so immediately after this public hearing. A moratorium, interim zoning map,
19 duplicative envfron mproped by fostering interim zoning ordinance, or interim official control adopted under this section
approving Com mental anal} sic which is may be effective for not longer than six months, but may be effective for up to
should fined and plans pursuant to y P p
be desi one year if a work plan is developed for related studies providing for such a
.1 Plan decisions scoped to Consider longer period. A moratorium, interim zoning map, interim zoning ordinance,
Urisdictions , Plan impacts on
'Abse , and Similar factors In vironmen- or interim official control may be renewed for one or more six-month periods if
quent specific projects sufficient a subsequent public hearing is held and findings of fact are made prior to each
being carried renewal.
sizes d out
the department to This section does not apply to the designation of critical areas, a
;, counties, and establish gricultural
Alot other interested, a Copper_ lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and
nal Pr0JectS' one of which shall Parties, at the conservation of these lands and protection of these areas under RCW
suant nproject environmental be ith a 36.70A.060, prior to such actions being taken in a comprehensive plan adopted
iron. to this chapter, analvs- of under RCW 36.70A.070 and implementing development regulations adopted
The department ma the purposes under RCW 36.70A.120, .if a public hearing is held on such proposed. actions. ;
comprehensive play if thaty select appro- Enacted by Laws 1992, ch. 207, § 6.
e the requirements of chaptbrs432 serve
!project 36.70A.400. Accessory apartments
the
!project �onmental analysis Any local government, as defined in RCW 43.63A.215, that is planning under
adopted pursuant Any this chapter shall comply with RCW 43.63A.215(3). }
193, the de to Chapter Enacted by Laws 1993, ch. 478,
Ls under partment shall
this section regarding the 36.70A.410. Treatment of residential structures occupied by per- I
l analysis for the approval prepay_
Pproval process of sons with handicaps
findings
gs to the le No county or city that plans or elects to plan under this chapter may enact
including the ne i�
egislature with or maintain an ordinance, development regulation, zoning regulation or official
if any, for further control
Policy, or administrative practice which .treats a residential structure
ales or occupied by persons with handicaps differently than a similar residential
ing requirements as may be appropri_ section "occupied a aps" are as defined in the federal housing As used in this
ans; and Of chapter g amendments act
43.21C of 1988 (42 U.S.C. Sec. 3602).
Enacted by Laws 1993, ch. 478, § 23.
39
STATE OF WASHINGTON, ss
COUNTY OF SNOHODUSH,
SUMMARY OF
1 ORDINANCE NO. 3067
of the City of
Edmonds, Washington
On the 20th day of February,
' 1996, the City Council of the
City of Edmonds, ppassed
f Ordinance No. 3067. A Bum -
f mary of the content of said
ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE
CITY OF EDMONDS WASH-
AD
• INGS OF FACTO TO JUSTIFY A
The full text of this Ordi-
nance will be mailed upon
regosl.
DATED this 21st day of
f Februaryy 1996.
SAN15RA S. CHASE
City Clerk
Published: February 25, 1996_
a -2 -t
Affidavit of Publication
RECEIVED
FEB 2 8 1996
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Ordinance 3067
.1...................................
....City of Edmonds
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
..... Februar.... 5.,...1,9 96.......... -- • ......... ...... ................. ......................... ......
............ ...... '.............................. :........................ �.:.:............... ......................--- - - - - --
and at aid newspaper was regularly tributed —to its subscribers
during a of said period. 1
Clerk
Subscribed and sworn to before me this ..... 2.6th............
day o oresidliingi�atterett, February - ---•- • ... ........... 19.96
. .... .................... • ... -- - --
y in and for the ate o Washington,
Snohomi Co ty.
.7A
NARY
) P-6'S L 2
\9'A 5 -19 -98 A0
\OF WASA\��i