Ordinance 30490006.150.084
PAO /gjz
10/12/95
ORDINANCE NO. 3049
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, 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 requires that the City Council hold a public
hearing on a zoning moratorium within sixty days of its adoption, and that immediately
thereafter, the City Council must adopt findings of fact to justify the continued imposition of the
moratorium; and
WHEREAS, on June 20, 1995, the City Council held a public hearing on the adult
entertainment moratorium; 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, a public hearing was held on October 17, 1995 for the extension of
the moratorium adopted under Ordinance No. 3019; NOW, THEREFORE,
114013.10 -1-
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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 provided in Ordinance No. 3019.
A. Secondary 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 the 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;
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;
114013.10 -2-
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 facilities will
reduce retail trade to commercial uses in the
vicinity, reducing tax revenues to the City;
e. increased traffic;
f. 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. location 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;
114013.10 -3-
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 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 landuse 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 Planning Division and the Planning Board has not had the time to
114013.10 -4-
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.
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. 3019, 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 February 28, 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
114013.10 -5-
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
�t -- � � �Z:►��
MAYOIP=,,AINU M. HALL
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY:S �
FILED WITH THE CITY CLERK: 10/13/95
PASSED BY THE CITY COUNCIL: 10/17/95
PUBLISHED: 10/20/95
EFFECTIVE DATE: 10/25/95
ORDINANCE NO, 3049
114013.10 -6-
SUMMARY OF ORDINANCE NO. 3049
of the City of Edmonds, Washington
On the 17th day of October , 199 5 , the City Council of the City of Edmonds,
passed Ordinance No. 3049 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, 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 17th day of October _ , 199 5
. z �.
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOILISH,
ORS U AMMCA R.Y O F- . -,
DNNE>NO30.4
of the�0ity.ot;,..;,,'.;.
Edmonds, Washinggton
On the 17.1K day :of. clober,.
1995;, the, City :Council of. the
City of Edmonds,. passed
Ordinance No. 3049:" A. sum-
mary of the content of said
ordinance, consistinY' the
ext".of _Ihis';:Ordi•
,is 17th';4 Y;; of
>. cnase i�1q
B -2 -1
I
Affidavit of Publication
OVE
i C T 2 6 1995
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 ......... ...............................
City of Edmonds
........ .. ......................... ............................. .. ....................
Ordinance 3049
..... ... ....... ................. ............................... . . .. ................................... ......................... . . . . ..
..................................................... . ................................................................... .............
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, 1995
......................... ............................................................................................................
........................................................................................... ........................ ....... .......
and that s id! newspaper was regular, distributed to its subscribers
during all of said period. of
4 -•... Principal Clerk
Subscribed and sworn to before me this ....... 3rd...........
October
� 95d � of......... ;......................., 19....V
............. ..... ....... .............:....... ...............................
Notary Public in and for e State of Washington,
residing at Everett, SnoYlolpis'�i County.
E j q�
10N E,ia A-
�ApTARk
PU S �'C 2
5 19-98 Goo
Or WASN�