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ORDINANCE NO. 3117
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE COMMUNITY
DEVELOPMENT CODE DEFINITIONS OF SEXUALLY
ORIENTED BUSINESSES, ALLOWING FOR THE SITING OF
SEXUALLY ORIENTED BUSINESSES IN CERTAIN ZONING
DESIGNATIONS, DESCRIBING THE PROCESS FOR
SEPARATION OF SEXUALLY ORIENTED BUSINESSES
FROM CERTAIN PROTECTED USES, ALLOWING FOR A
VARIANCE FROM THE APPLICATION OF THE
SEPARATION REQUIREMENTS IN CERTAIN LIMITED
CIRCUMSTANCES, ADOPTING FINDINGS OF FACT AND
CONCLUSIONS SUPPORTING THESE AMENDMENTS;
AMENDING SECTIONS 16.60.010 AND 17.50.020;
REPEALING SECTIONS 21.05.021, 21.05.022, 21.05.023,
21.90.101, 21.90.102, AND 16.00.030; ADDING NEW
SECTIONS 16.60.015, 17.50.075, 21.05.021, 21.10.005,
21.25.100, 21.75.080, 21.90.024, 21.90.025, 21.90.101, AND
21.90.102 TO THE COMMUNITY DEVELOPMENT CODE;
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City Council adopted Ordinance 3019 on April 25, 1995, establishing
a six -month moratorium on sexually oriented businesses ending October 25, 1995, with the intent
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to review, and possibly revise, existing regulations, specifically based on the secondary effects
of such businesses; and
WHEREAS, on June 20, 1995, the City Council held a public hearing, adopted findings,
and approved Ordinances 3019 and 3026, which maintains the six -month moratorium; and
WHEREAS, on October 17, 1995, the City Council held a public hearing, adopted
findings, and approved Ordinance 3049, which extended the moratorium for a period of six (6)
months from October 25, 1995, to April 25, 1996; and
WHEREAS, on February 20, 1996, the City Council held another public hearing,
adopted findings, and approved Ordinance 3067, which extended the moratorium for an
additional period of six (6) months, from April 25, 1996 to October 25, 1996; and
WHEREAS, the current zoning regulations of the City of Edmonds ( "City ") concerning
sexually oriented businesses are deficient, and the City Council has directed the administrative
staff of the City to prepare recommendations concerning new regulations for submittal to the
Planning Board and City Council during the course of the moratorium; and
WHEREAS, the City Council has recently adopted an ordinance regulating the licensing
and operation of sexually oriented businesses in order to mitigate and reduce unacceptable
adverse secondary effects associated with and caused by activities occurring within sexually
oriented businesses; and
WHEREAS, the City is a family- oriented residential community and employment center
with attendant community standards; and
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WHEREAS, the City is a non - charter code city organized under the Constitution and
statutes of the State of Washington, its population as of April 1, 1996 is approximately 35,480,1
and more than 21 % of its population is under the age of 18 years; and
WHEREAS, the City occupies an area of approximately 9 square miles and within its
boundaries has approximately 13,000 dwelling units; and
WHEREAS, approximately 82 % of the land within the City is zoned for residential uses,
5 % of the land is zoned for general commercial uses, 5 % of the land is zoned for specialized
neighborhood or community commercial uses, 8 % of the land is zoned for public or open space
uses, and none of the land is zoned for agricultural or industrial uses; and
WHEREAS, no formal written requests have been received from sexually oriented
businesses to locate within the City and to date there are no sexually oriented businesses located
within the City; and
WHEREAS, cities have the right and duty to enact laws for the protection of the public
health, safety, general welfare, and morals; and
WHEREAS, various Washington State municipalities have found it is necessary for the
public health, safety, and welfare to restrict the location of sexually oriented businesses; and
WHEREAS, the City Council is committed to protecting the general welfare of the City
through the enforcement of laws prohibiting obscenity, indecency, and sexual offenses; and
WHEREAS, the City Council seeks to reduce and mitigate the deleterious effects of
sexually oriented businesses while preserving constitutionally protected forms of expression; and
1 Office of Financial Management, State of Washington.
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WHEREAS, the City Council takes notice of and relies upon experiences of and studies
conducted by other cities and counties in attempting to combat the specific adverse impacts of
sexually oriented businesses; and
WHEREAS, the City Council finds that the location of sexually oriented businesses can
contribute to neighborhood deterioration and blight through an increase in crime and diminution
in property values, among other adverse consequences, and finds that such effects are contrary
to the general welfare of the City; and
WHEREAS, the City Council fmds that sexually oriented businesses have historically
led to an increase in prostitution, sexually transmitted diseases, drug and alcohol offenses,
general criminal activity, and a decrease in property values; and
WHEREAS, based upon experiences of other jurisdictions, sexually oriented businesses
are often used as fronts for or are operated by persons associated with organized criminal
activities; and
WHEREAS, the law enforcement resources available for responding to problems or
secondary impacts associated with or created by sexually oriented businesses are limited and are
best conserved by regulating and licensing sexually oriented businesses, and attempting to
prevent those activities associated with them; and
WHEREAS, the City finds a compelling need to protect all citizens, but especially
minors from criminal and unlawful activities associated with and caused by sexually oriented
businesses; and
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WHEREAS, the City Council recognizes that important and substantial government
interests provide a constitutional basis for reasonable regulation of the time, place, and manner
under which sexually oriented businesses operate; therefore, the City Council has determined
that persons seeking to operate sexually oriented businesses shall be required to observe specific
locational requirements and development regulations, as provided for in this ordinance, before
they commence business; and
WHEREAS, based on public testimony and other information presented on this subject
to the Planning Board and the City Council, the City Council in consideration of the Planning
Boards recommendation has determined that there are deleterious secondary effects associated
with and caused by sexually oriented businesses that can be minimized through the adoption of
specific zoning requirements and development regulations that are specifically and narrowly
tailored to alleviate these harmful effects; and
WHEREAS, based upon the studies, testimony, and information presented to the City
Council, and the information reviewed by the Planning Board, and the recommendations of the
Planning Board, the City Council finds the adoption of zoning regulations for sexually oriented
businesses to be necessary to protect the health, safety, and welfare of its citizens, and to
preserve and protect the quality of its neighborhoods, and to preserve and protect residential land
use values; the City Council therefore finds that it is necessary to minimize and alleviate the
harmful effects of sexually oriented businesses by separating sexually oriented businesses from
incompatible zones and uses; and
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WHEREAS, the administrative staff of the City has drafted a zoning ordinance which
recognizes the constitutional right of all legitimate businesses to function while reasonably
restricting the location of sexually oriented businesses within the City in order to reduce the
unacceptable adverse secondary impacts associated with sexually oriented businesses; and
WHEREAS, based upon the evidence and studies considered by both the Planning Board
and the City Council, as well as the public comments and testimony presented to the Planning
Board and City Council in the public hearings on July 24, 1996, August 14, 1996, September
25, 1996 and October 15, 1996, the Planning Board recommends and the City Council hereby
adopts the zoning regulations prepared by staff; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. It is the purpose of this ordinance to regulate sexually oriented
businesses and related activities to promote the health, safety, morals, and general welfare of
the citizens of the City of Edmonds, and to establish reasonable and uniform regulations to
prevent the deleterious location of sexually oriented businesses within the City. In enacting this
ordinance, it is not the intent of the City Council to limit or restrict the content of any
communicative materials, including sexually oriented materials. Similarly, it is not the intent
of the City Council that it should be the effect of this ordinance to restrict or deny access by
adults to sexually oriented materials protected by the State or Federal Constitutions, or to deny
access by the distributors and exhibitors of sexually oriented materials to their intended market.
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Finally, it is not the intent of the City Council to condone or legitimize the distribution of
obscene materials.
Section 2. Findings. Based upon a wide range of evidence presented to the Edmonds
City Council, including but not limited to the testimony of law enforcement officers and
members of the public, and on other evidence, information, publications, articles, studies,
documents, case law and materials submitted to and reviewed and considered by the City
Council and staff, the councils of other cities within the region and in other jurisdictions, non-
profit organizations and other legislative bodies, the City Council makes the following findings:
A. The City of Edmonds may rely on the experiences and studies of other cities and
organizations in assessing the need for establishing zoning regulations applicable
to sexually oriented businesses.
B. Regulation of sexually oriented businesses should be developed to prevent
deterioration and degradation of the vitality of the community before the problem
exists, rather than in response to an existing problem
C. Many cities, including Seattle and Tacoma, have experienced negative secondary
impacts from sexually oriented businesses. The skid row, or blighting effect, is
one of these secondary impacts, and is evident in certain parts of Seattle. Such
an effect would be significantly magnified in Edmonds due to the difference in
size and characteristics of the City.
D. Certain conduct occurring at and surrounding sexually oriented businesses creates
secondary impacts that are detrimental to the public health, safety and general
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welfare of the citizens of Edmonds, and therefore the negative effects of such
conduct must be minimized as provided herein.
E. Regulation of sexually oriented businesses is necessary because in the absence of
regulation significant criminal activity has historically and regularly occurred.
F. Businesses providing adult entertainment and sexually oriented materials are
increasingly associated with ongoing prostitution, illegal drug activity, disruptive
conduct and other criminal activity, and such businesses are currently not subject
to effective regulation and constitute an immediate threat to the public peace,
health and safety.
G. Due to the information presented regarding the connection of prostitution with
sexually oriented businesses, there is concern over sexually transmitted diseases
which is a legitimate health concern of the City and thus requires regulation of
sexually oriented businesses in order to protect the health, safety and well being
of the public.
H. No evidence has been presented to show that the location of sexually oriented
businesses within the City will improve the commercial viability of the
community, or will otherwise have a beneficial effect, versus a detrimental effect.
I. The City of Edmonds Comprehensive Plan strongly advocates compatibility of
adjacent land uses. Comprehensive Plan policies state that all commercial
developments should be carefully located and designed to eliminate or minimize
the adverse impacts of heavy traffic volume and other related problems on
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surrounding land uses, and that the design and location of all commercial sites
should provide for convenient and safe access for customers, employees and
suppliers. Because the secondary effects associated with sexually oriented
businesses are incompatible with certain zones and land uses, the City Council
finds it necessary to restrict the location of sexually oriented businesses to certain
commercial areas of the City, and to separate sexually oriented businesses from
residential zones, public use zones, religious facilities, public parks, public
libraries, museums, public and private schools, community centers, and bars and
taverns.
J. There is substantial evidence that adjacency of residential uses to sexually
oriented businesses reduces the value of residential property and that sexually
oriented businesses negatively impact the character of established neighborhoods.
K. Based upon testimony of the Police Chief, adjacency of bars or taverns to
sexually oriented businesses has been shown to lead to increased criminal activity.
L. Narrowly - tailored development regulations, including lighting and parking
requirements, are necessary to mitigate the secondary effects of certain sexually
oriented businesses.
M. Utilizing 300 feet as the requisite spacing between a sexually oriented business
and any residential or public use zone, and any religious facility, public park,
public library, museum, public and private school, and community center, and
using 500 feet as the requisite spacing between a sexually oriented business and
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any bar or tavern, will provide minimal separation and buffering necessary to
protect public health, safety, and, while setting aside a reasonable number of
location sites within the City for sexually oriented businesses.
N. Utilizing 300 feet as the requisite spacing between a sexually oriented business
and any residential or public use zone, and any religious facility, public park,
public library, museum, public and private school, and community center, and
using 500 feet as the requisite spacing between a sexually oriented business and
any bar or tavern, will leave approximately 23 acres of the City, or 0.5 % of the
City's total usable land area and 5 % of the City's commercial land area available
to sexually oriented businesses. At the time this ordinance was adopted,
approximately 20 commercial sites were potentially available for the siting of
sexually oriented businesses.
O. Regulation of sexually oriented businesses is necessary to prevent public
nuisances including moral nuisances.
P. The City conducted an environmental review of the sexually oriented business
zoning regulations and development regulations and issued a determination of
nonsignificance.
Q. The City submitted a copy of the proposed sexually oriented business zoning
regulations and development regulations to the state for the required 60 day
review under RCW 36.70A.106.
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Section 3. Section 21.05.021 of the Edmonds Community Development Code is hereby
repealed.
Section 4. Section 21.05.022 of the Edmonds Community Development Code is hereby
repealed.
Section 5. Section 21.05.023 of the Edmonds Community Development Code is hereby
repealed.
Section 6. A new section 21.10.005 is hereby added to the Edmonds Community
Development Code, which shall read as follows:
21.10.005 Bar.
Bar means a building where alcoholic beverages is served to the public, and which
holds a class H license from the Washington State Liquor Control Board.
Section 7. A new section 21.05.021 is hereby added to the Edmonds Community
Development Code, which shall read as follows:
21.05.021(a) Adult arcade.
An adult arcade is a commercial establishment containing individual viewing areas
or booths, where, for any form of consideration, including a membership fee, one or
more still or motion picture projectors, slide projectors, or other similar image producing
machines are used to show films, motion pictures, video cassettes, slides, or other visual
representations that are distinguished or characterized by a predominant emphasis on
matters depicting, describing, or simulating any specified sexual activities or any
specified anatomical areas.
21.05.021(f) Adult retail store.
An adult retail store is a commercial establishment such as a bookstore, video
store, or novelty shop which as one of its principal business purposes offers for sale or
rent, for any form of consideration, any one or more of the following:
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A. Books, magazines, periodicals or other printed materials, or
photographs, films, motion pictures, video cassettes, slides, or other visual
representations that are distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating any specified
sexual activities or any specified sexual anatomical areas; or
B. Instruments, devices, or paraphernalia that are designed for use in
connection with any specified sexual activities.
21.05.021(b) Adult cabaret.
An adult cabaret is a nightclub, bar, restaurant, tavern or other similar
commercial establishment, whether or not alcoholic beverages are served, that regularly
features adult entertainment.
21.05.021(c) Adult entertainment.
Adult entertainment means:
A. Any exhibition, performance or dance conducted in a sexually
oriented business where such exhibition, performance or dance is
distinguished or characterized by a predominant emphasis on depicting,
describing, or simulating any specified sexual activities or any specified
sexual anatomical areas; or
B. Any exhibition, performance or dance intended to sexually stimulate any
patron and conducted in a sexually oriented business where such exhibition,
performance or dance is performed for, arranged with, or engaged in with fewer
than all patrons in the sexually oriented business at that time, with separate
consideration paid, either directly or indirectly, for such performance, exhibition
or dance. For purposes of example and not limitation, such exhibitions,
performances or dances are commonly referred to as table dancing, couch
dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
21.90.024 Sexually oriented business.
A sexually oriented business is a commercial establishment defined as an adult
arcade, adult cabaret, adult motel, adult motion picture theater, adult retail store, or other
sexually oriented business.
21.05.021(d) Adult motel.
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An adult motel is a hotel, motel, or similar commercial establishment which:
A. Offers sleeping accommodations to the public for any form of
consideration and provides patrons with closed- circuit television transmissions,
films, motion pictures, video cassettes, slides, or visual representations that are
distinguished or characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any specified
anatomical areas, and that has a sign visible from a public right of way that
advertises the availability of this type of sexually oriented materials; or
B. Offers a sleeping room for rent for a rental fee period of time that is less
than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to sub -rent the room for a period
of time that is less than ten (10) hours.
21.05.021(e) Adult motion picture theater.
An adult motion picture theater is a commercial establishment where, for any
form of consideration, motion pictures, films, video cassettes, slides, or other similar
visual representations are regularly shown that are distinguished or characterized by a
predominant emphasis on matters depicting, describing, or simulating any specified
sexual activities or any specified anatomical areas.
Section 8. A new section 21.25.100 is hereby added to the Edmonds Community
Development Code, which shall read as follows:
21.25.100 Expressive dance.
Expressive dance means any dance which, when considered in the context of the
entire performance, constitutes an expression of art, theme, story or ideas, but excluding
any dance such as, but not limited to, common barroom -type topless dancing which,
when considered in the context of the entire performance, is presented primarily as a
means of displaying nudity as a sales device or for other commercial exploitation without
substantial expression of theme, story or ideas, and the conduct appeals to the prurient
interest, depicts sexual conduct in a patently offensive way and lacks serious literary,
artistic, political or scientific value.
Section 9. A new section 21.75.080 is hereby added to the Edmonds Community
Development Code, which shall read as follows:
21.75.080 Other sexually oriented business.
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An other sexually oriented business is any commercial establishment not defined
herein where adult entertainment or sexually oriented materials is regularly conducted,
displayed, or available in any form, for any type of consideration. Provided, however,
that a public library and a school, university, or similar educational or scientific facility
shall not be considered a sexually oriented business. In addition, a commercial
establishment that offers access to telecommunications networks as a principal business
purpose shall not be considered a sexually oriented business unless the access is provided
for the primary purpose of displaying or presenting materials or visual images that are
distinguished or characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any specified sexual
anatomical areas.
Section 10. A new section 21.90.025 is hereby added to the Edmonds Community
Development Code, which shall read as follows:
21.90.025 Sexually oriented materials.
Any books, magazines, periodicals, or other printed materials, or any photographs, films,
motion pictures, video cassettes, slides, or other visual representations that are
distinguished or characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any specified sexual
anatomical areas.
Section 11. Section 21.90. 101 of the Edmonds Community Development Code is hereby
repealed.
Section 12. A new section 21.90. 101 is hereby added to the Edmonds Community
Development Code, which shall read as follows:
21.90.101 Specified anatomical areas.
Specified anatomical areas means and includes any of the following:
A. The human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region,
anus, buttocks, or female breast below the top of the areola.
Section 13. Section 21.90.102 of the Edmonds Community Development Code is hereby
repealed.
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Section 14. A new section 21.90.102 is hereby added to the Edmonds Community
Development Code, which shall read as follows:
21.90.102 Specified sexual activities.
Specified sexual activities means and includes any of the following:
A. The caressing, fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts; or
B. Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy; or
C. Masturbation, actual or simulated; or
D. Excretory functions as part of, or in connection with, any of the sexual
activities specified in this definition.
Section 15. Section 16.60.010 of the Community Development Code is hereby amended
to read as follows:
16.60.010. USES.
A. Permitted Primary Uses.
5. Sexually oriented businesses, which shall comply with the location
standards set forth in section 16.60.015 of the Edmonds City
Code, the development regulations set forth in chapter 17.50 of the
Edmonds City Code, and the licensing regulations set forth in
chapter 4.52 of the Edmonds City Code.
Section 16. A new section 16.60.015 is hereby added to the Edmonds Community
Development Code and shall read as follows:
16.60.015. LOCATION STANDARDS FOR SEXUALLY ORIENTED
BUSINESSES
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All sexually oriented businesses shall comply with the requirements of this
section, the development regulations set forth in chapter 17.50 of the Edmonds
City Code, and Chapter 4.52 of -the Edmonds City Code. The standards
established in this section shall not be construed to restrict or prohibit the
following activities or products: (a) expressive dance; (b) plays, operas, musicals,
or other dramatic works; (c) classes, seminars, or lectures conducted for a
scientific or educational purpose; (d) printed materials or visual representations
intended for educational or scientific purposes; (e) nudity within a locker room
or other similar facility used for changing clothing in connection with athletic or
exercise activities; (f) nudity within a hospital, clinic, or other similar medical
facility for health- related purposes; and (g) all movies and videos that are rated
G, PG, PG -13, R, and NC -17 by the Motion Picture Association of America.
(1) Separation Requirements: A sexually oriented business shall only be allowed to
locate where specifically permitted and only if the following separation
requirements are met:
(a) No sexually oriented business shall be located closer than 300 feet to any
of the following protected zones whether such protected zone is located
within or outside the City limits:
(1) a residential zone as defined in Chapter 16.10;
(2) a public use zone as defined in Chapter 16.80.
(b) No sexually oriented business shall be located closer than 300 feet to any
of the following protected uses whether such protected use is located
within or outside the City limits:
(1) a public park;
(2) a public library;
(3) a nursery school or preschool;
(4) a public or private primary or secondary school;
(5) a church, temple, mosque, synagogue, or other similar
facility used primarily for religious worship; and
(6) a community center such as an amusement park, public swimming
pool, public playground, or other facility of similar size and scope
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used primarily by children and families for recreational or
entertainment purposes;
(7) a residential use located in a commercial zone when such
residential use has been specifically developed pursuant to a
contract rezone;
(8) a museum; and
(9) a public hospital or hospital district.
(c) No sexually oriented business shall be located closer than 500 feet to any
bar or tavern within or outside the City limits:
(2) Measurement: The separation requirements shall be measured by
following a straight line from the nearest boundary line of a protected
zone specified in subsection 16.60.015(1) or nearest physical point of the
structure housing a protected use specified in subsection 16.60.015(1), to
the nearest physical point of the tenant space occupied by a sexually
oriented business.
(3) Variance From Separation Requirements: Variances may be granted from
the separation requirements in subsection 16.60.015(1) if the applicant
demonstrates that the following criteria are met:
(a) The natural physical features of the land would result in an effective
separation between the proposed sexually oriented business and the
protected zone or use in terms of visibility and access;
(b) The proposed sexually oriented business complies with the goals
and policies of the Community Development Code;
(c) The proposed sexually oriented business is otherwise compatible
with adjacent and surrounding land uses;
(d) There is a lack of alternative locations for the proposed sexually
oriented business; and
(e) The applicant has proposed conditions which would minimize the
adverse secondary effects of the proposed sexually oriented
business.
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(4) Ayplication of Separation Requirements to Existing Sexually Oriented Businesses:
The separation requirements of this section shall not apply to a sexually oriented
business once it has located within the City in accordance with the requirements
of this section.
Section 17. Section 17.50.020 of the Community Development Code is hereby amended
to read as follows:
17.50.020. Parking apace requirements.
B. Business.
20. Adult retail store: 1 space per 300 sq. ft.
21. Sexually oriented business (except adult retail store): 1 space for each
customer allowed by the maximum permitted occupant load.
Section 18. A new section 17.50.075 is hereby added to the Edmonds Community
Development Code and shall read as follows:
17.50.075. Parking requirements for sexually oriented businesses.
A. All off - street parking areas shall be clearly visible from the street.
B. Off - street parking facilities shall be illuminated by overhead lighting at a
minimum average of 20.0 foot candles. Lighting shall be directed
downward and away from external property lines.
Section 19. Section 16.00.030 of the Edmonds Community Development Code is hereby
repealed.
Section 20. Limitations of Liability. None of the provisions of this ordinance are
intended to create a cause of action or provide the basis for a claim against the City, its officials
or employees through the performance or the failure to perform a duty or obligation running to
a specific individual or specific individuals. Any duty or obligation created herein is intended
to be a general duty or obligation running in favor of the general public.
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Section 21. 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 22. Effective Date. This ordinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after publication.
PASSED by the City Council and APPROVED by the Mayor this 15th day of October 1996.
APPROVED:
MAYOR, BARBARA S. FAHEY
1:lI0Y*1fl.1119 :IQIICo"0:1
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
C TTORNEY
FILED WITH THE CITY CLERK: October 11, 1996
PASSED BY THE CITY COUNCIL: October 15, 1996
PUBLISHED: October 20, 1996
EFFECTIVE DATE: October 25, 1996
ORDINANCE NO. 3117
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SUMMARY OF ORDINANCE NO. 3117
of the City of Edmonds, Washington
On the 15th day of October, 1996, the City Council of the City of Edmonds, passed Ordinance No.
3117. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE COMMUNITY
DEVELOPMENT CODE DEFINITIONS OF SEXUALLY ORIENTED BUSINESSES, ALLOWING FOR THE
SITING OF SEXUALLY ORIENTED BUSINESSES IN CERTAIN ZONING DESIGNATIONS, DESCRIBING
THE PROCESS FOR SEPARATION OF SEXUALLY ORIENTED BUSINESSES FROM CERTAIN
PROTECTED USES, ALLOWING FOR A VARIANCE FROM THE APPLICATION OF THE SEPARATION
REQUIREMENTS IN CERTAIN LIMITED CIRCUMSTANCES, ADOPTING FINDINGS OF FACT AND
CONCLUSIONS SUPPORTING THESE AMENDMENTS; AMENDING SECTIONS 16.60.010 AND 17.50.020;
REPEALING SECTIONS 21.05.021, 21.05.022, 21.05.023, 21.90.101, 21.90.102, AND 16.00.030; ADDING
NEW SECTIONS 16.60.015, 17.50.075, 21.05.021, 21.10.005, 21.25.100, 21.75.080, 21.90.024, 21.90.025,
21.90.101, AND 21.90.102 TO THE COMMUNITY DEVELOPMENT CODE; AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day, of October, 1996.
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK:
October 11, 1996
PASSED BY THE CITY COUNCIL:
October 15, 1996
PUBLISHED:
October 20, 1996
EFFECTIVE DATE:
October 25, 1996
ORDINANCE NO. 3117
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOYTISH,
On the 15th day of Octob
of Edmonds, passed Ordir
content of said ordinance.
I
3117
gton
e C l! Council of the City
3117. A summary of the
of the title, provides as
ADDING NEW SECTIONS 16.60.015, 17.50.075, 21.05.021,
21.10.005, 21.25.100. 21 75.080 - 21.90.024, 21.90.025,
21.90.101, AND 21 . 90.i02 f0 THE COMMUNITY,
DEVELOPMENT CODE; AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The lull text of this Ordinance will be mailed upon request.
DATED this 16th day of October, 1998.
SANDRA S. CHASE
City Clerk
FILED WITH THE CITY CLERK: October 11, 1996
PASSED BY THE CITY COUNCIL: October 15, 1996
EFFECTIVE DATE: October 25, 1996
'Published: October 20, 1996.
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Affidavit of Publication
RECEIVED
0 C T 2 9 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 ......... ...............................
Summary of Ordinance No. 3117
............................................................... ...............................
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:
October 20, 1996
..................................................................................................... ...............................
. . . .. .. . . . .. . . .. . . .. .......... ............................... an th t d newspaper was reg lar �y \stri \ed to its subscribers
duri all of said period.
... - . ......... ...............
Principal Clerk
Subscribed and sworn to before me this ... -22nd
d Octobe . . . . .. ...... ......................... 19..96.
......................... . --
Notary Public in and for he ate of Washington,
residing at Everett, Sno orris County.
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