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HomeMy WebLinkAboutO-2022 - Moratorium on adult entertainment permits (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.20..1;)"" AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON RELATING TO LAND USE,ZONING AND BUSINESS REGULATIONS;ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR USE PERMITS, BUILDING PERMITS AND LICENSES FOR ADULT ENTERTAINMENT FACILITIES AND BUSINESSES IN ORDER TO ALLOW FURTHER STUDY OF THIS ISSUE. WHEREAS,cities have the right and duty to enact laws for the protection of the public health,safety and general welfare; and WHEREAS,various Washington State municipalities have found it necessary for the public health,safety and welfare to regulate businesses,managers and employees that provide sexually oriented adult entertainment;and WHEREAS,the City of Marysville has,in past years,adopted regulations relating to entertainment clubs,adult entertainment facilities,public indecency,prostitution,obscenity and pornography;and WHEREAS,since the enactment of said regulations,the city has grown substantially and changes have occurred in the law that warrant a careful review of existing regulations;and WHEREAS,the City of Marysville is beginning a planning and review process to address the allowed location of adult entertainment facilities and businesses;and WHEREAS,interested parties have recently made inquiry to the City concerning existing regulations relating to adult businesses,a nd such interested parties or others could establish vested rights to locate in areas of the city that are inconsistent with existing uses and zoning;and WHEREAS,in light of changes in the law since the initial adoption of regulations in Marysville,a comprehensive process will be conducted to review and examine allowed zoning regulation and necessary conditions for adult entertainment facilities, adult clubs and businesses;and WHEREAS,the required review process will be conducted through a committee to be appointed by the Mayor,and said process will allow for public comment and require time for careful study of all issues; /wpf/mv/aumor.ord 1 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Definitions.For the purpose of this ordinance, the following definitions shall apply: A."Adult entertainment facility"shall be as defined in MMC 19.08.017,which by this reference is incorporated herein. B."Entertainment club"and related terms shall be as defined in MMC 5.20.010(1)-(5),each of which is incorporated herein by this reference. Section 2.Purpose.The City Council acknowledges that other cities have found that adult entertainment businesses have been associated with prostitution,disruptive conduct,criminal activity,adverse impacts on property values,noise,trash and traffic and other secondary land use impacts which threaten the quality of life in commercial and residential neighborhoods and generally may constitute a threat to the public health,safety and welfare.These conditions and changes in the law as well as the growth of the City since the initial enactment of regulations necessitate adoption of a moratorium on the establishment of any sexually oriented adult entertainment facility or business while the City reviews and studies the existing ordinances of the City and any legislative changes that may be appropriate to protect the public from adverse secondary impacts of sexually oriented adult facilities or businesses. Section 3.Moratorium Imposed.The City Council hereby imposes a moratorium on the acceptance of applications for or issuance of any City license,permit or approval including,but not limited to,business licenses,use permits or building permits for the establishment,location or licensing of adult entertainment facilities,adult entertainment businesses or adult clubs in the city for a period of one year beginning on the date of adoption of this ordinance.During this period,a committee to be appointed by the Mayor is directed to develop a work plan to study the issue,provide for public hearings as needed, determine if there are secondary land use impacts related to adult entertainment facilities,adult entertainment businesses or adult clubs,determine the nature of these impacts on the city, and to develop recommendations for future action to address these impacts,which action may include revised regulations for adult entertainment facilities,adult entertainment businesses or adult clubs.The Committee shall return its work plan to the City Council at least two weeks prior to the date of the public hearing set in Section 5 herein. Section 4.Effective Period.For a period of one year from the effective date of this ordinance,or until a complete review /wpf/mv/aumor.ord 2 of existing City regulations and ordinances has been completed, or until new land use and/or business licensing regulations governing the location and operation of adult entertainment facilities,adult entertainment businesses or adult clubs take effect,whichever is sooner,no required City business license, use permit or building permit that is applied for after the effective date of this ordinance shall be accepted or issued for any adult entertainment business,adult club or adult entertainment facility as defined herein. Section 5.Public Hearing on Moratorium.Pursuant to RCW 36.70A.390,the City council shall hold a public hearing on this moratorium within sixty (60)days of its adoption,or by June 19, 1995.Immediately after the public hearing,the City Council shall adopt findings of fact on the subject of this moratorium and either justify its continued imposition or rescind the moratorium. Section 6.Severability.If any section,subsection, sentence,clause,phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. Section 7.Emergency Clause.It is necessary to pass this ordinance as an emergency to preserve the status quo.If not adopted as an emergency ordinance,there would be a period of time during which sexually oriented adult entertainment businesses or uses could submit applications and obtain a vested right to locate in areas where they would be incompatible with other existing land uses.The City Council finds that preventing such vesting is essential prior to the completion of the committee's work and the review of existing regulations and/or the adoption of different zoning and licensing requirements for sexually oriented adult entertainment businesses and uses and that the ordinance is necessary for the immediate preservation of public peace,health and safety.The City council declares that an emergency exists,and this ordinance shall take effect immediately. ~PASSED by the City Council and APPROVED by the Mayor this ~~.~day of April,1995. /wpf/mv/aumor.ord 3 CITY OF MARYSVILLEf}aWI~ MAYOR ATTEST: By~l~CLERK Approved as to form: By~k.~ CITY ATTORNEY Date of Publication: /wpf/mv/aumor.ord 4