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Ordinance 3117CAM /clr: 7 -12 -96 HFJ /lkm: 8 -8 -96 RWC /HFJ /lkm: 8 -9 -96 HFJ /lkm: 8 -21 -96 HFJ /lkm: 8 -30 -96 HFJ /lkm: 9 -5 -96 RWC /HFJ /lkm: 9 -6 -96 RWC /HFJ /lkm: 9 -20 -96 RWC /HFJ /lkm: 10 -2 -96 RWC /HFJ /lkm: 10 -4 -96 RWC /HFJ /lkm: 10 -9 -96 HFJ /lkm: 10 -17 -96 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 ZONING 145391 -1- 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 ZONING 145"1 -2- 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. ZONING 145391 -3- 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 ZONING 145391 -4- 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 ZONING 1 {5591 -5- 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. ZONING 145391 -6- 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 ZONING 145391 -7- 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 ZONING 145591 -9- 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 ZONING 145391 -9- 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. ZONING 145391 -10- 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: ZONING 145391 -11- 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. ZONING 143391 -12- 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. ZONING 145391 -13- 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. ZONING 145391 -14- 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 ZONING 145391 -15- 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 ZONING 145391 -16- 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. ZONING 145391 -17- (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. ZONWG 143391 -18- 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 ZONING 145391 -19- 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. B -2 -1 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. gE J \ 0�0 ,�SS►fl� E.ro �.c pTA C I 0 9\COF WAS%A2