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HomeMy WebLinkAboutORD 3637 5, CITY OF RENTON, WASHINGTON -2 �g ORDINANCE NO. 3637 `C AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON 10E NO. 3 AMENDING ORDINAT 26 RELATING TO LAND USE 5 AND ZONING AND AMENDING ORDINANCE NO. 3629 BY DELETING THE EMERGENCY CLAUSE AND RE-ENACTING THE REMAINDER THEREOF WHEREAS, on April 13, 1981, the City Council of the City of Renton adopted Ordinance No. 3526, which Ordinance was approved by the Mayor on April 13, 1981, and became effective by its own terms on June 14, 1981; and WHEREAS , on May 3, 1982, the City Council of the City of Renton adopted Ordinance No. 3629 amending Ordinance No. 3526_, which Ordinance was approved by the Mayor on May 3 , 1982, and became effective on its passage and by the terms of the Ordinance; and WHEREAS the City Council wishes to remove the emergency clause from Ordinance No. 3629 and re-enact the remainder of Ordinance No. 3629 in its entirety; and WHERREAS , it was the intention of the City Council of the City of Renton in the adoption of Ordinance No. 3526 to rely upon the opinion of the United States Supreme Court in the case of Young v. American Mini Theaters , 427 US 50, and of the Supreme Court of the State of Washington in the case of Northend Cinemas v. Seattle, 90 Wn 2d, 709 , to limit the location of adult motion picture theaters . as that term is defined therein, to promote the City of Renton's great interest in protecting and preserving the quality of its neighborhoods , commercial districts , and the quality of urban life through effective land use planning; and WHEREAS, the City Council, through its Planning and Development Committee, held a public meeting on March 5 , 1981 , to t receive testimony from the public concerning the subject of regulation of adult entertainment land uses , at which the following testimony was received which the City Council believes to be true, and which formed the basis for the adoption of Ordinance No. 3526 : 1. Areas within close walking distance of single and multiple family dwellings should be free of adult entertainment land uses . 2. Areas where children could be expected to walk, patronize or recreate should be free of adult entertainment land uses . 3. Adult entertainment land uses should be located in areas of the City which are not in close proximity to residential uses , churches , parks and other public facilities , and schools . 4. The image of the City of Renton as a pleasant and attractive place to reside will be adversely affected by the presence of adult entertainment land uses in close proximity to residential land uses , churches , parks and other public facilities , and schools . 5. Regulation of adult entertainment land uses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists , rather than in response to an existing problem. 6. Commercial areas of the City patronized by young people and children should be free of adult enter- tainment land uses . 7. The Renton School District opposes a location of adult entertainment land uses within the perimeters of its policy regarding busing of students , so that students walking to school will not be subjected to confrontation with the existence of adult entertain- ment land uses . 8. The Renton School District finds that location of adult entertainment land uses in areas of the City which are in close proximity to schools , and commercial areas patronized by students and young people; will have a detrimental effect upon the quality of education which the School District is providing for its students . 9. The Renton School District finds that education of its students will be negatively affected by location of adult entertainment land uses in close proximity to location of schools . -2- � I 10. Adult entertainment land uses should be regulations by zoning to separate it from other dissimilar uses just as any other land use should be separated from uses with characteristics different from itself. 11. Residents of the City of Renton, and persons who are non-residents but use the City of Renton for shopping and other commercial needs , will move from the community or shop elsewhere if adult entertainment land uses are allowed to locate in close proximity to residential uses , churches , parks and other public facilities , and schools . 12. Location of adult entertainment land uses in proximity to residential uses , churches , parks and other public facilities , and schools , may lead to increased levels - of- criminal activities , including prostitution, rape, incest and assaults in the vicinity of such adult entertainment land uses . 13. Merchants in the commercial area of the City are concerned about adverse impacts upon the character and quality of the City in the event that adult entertainment land uses are located within close proximity to residential uses , churches , parks and other public facilities , and schools . Location of adult entertainment land uses in close proximity to residential uses , churches , parks and other public facilities , and schools , will reduce retail trade to commercial uses in the vicinity, thus reducing property values and tax revenues to the City. Such adverse affect on property values will cause the loss of some commercial establishments followed by a blighting effect upon the commercial districts within the City , leading to further deterioration of the commercial quality of the City. 14. Experience in numerous other cities , including Seattle, Tacoma and Detroit , Michigan, has shown that location .of adult entertainment land uses degrade the quality of the area of the City in which they are located and cause a blighting effect upon the City. The skid row effect, which is evident in certain parts of Seattle and other cities , will have a significantly larger. affect upon the City of Renton than other major cities due too the relative sizes of the cities . 15. No evidence has been presented to show that location of adult entertainment land uses within the City will improve the commercial viability of the community. 16. Location of adult entertainment land uses 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 by the proximity of adult entertainment land uses . -3- 17. A reasonable regulation of the location of adult entertainment land uses will provide for the protection of the image of the community and its property values , and protect the residents of the community from the adverse effects of such adult entertainment land uses , while providing to those who desire to patronize adult entertainment ._land uses such an opportunity in areas within the City which are appropriate for location of adult entertainment land uses . 18. The community will be an undesirable place to live if it is known on the basis of its image as the location of adult entertainment land uses . 19. A stable atmosphere for the rearing of families cannot be achieved in close proximity to adult entertainment land uses . 20. The initial location of adult entertainment land uses will lead to .the location of additional and similar uses within the same vicinity, thus multiplying the adverse impact of the initial location of adult entertainment land uses upon the residential , churches , parks and other public facilities , and schools , and the impact upon the image and quality of the character of the community. and WHEREAS , since the adoption of Ordinance No. 3526 , it has come to the attention of the City Council of the City of Renton that it would be appropriate to set forth in writing the findings of fact which were the basis for the adoption by the City Council of Ordinance No . 3526; and WHEREAS , the City Council finds that , in order to choose the least restrictive alternative available to accomplish the purposes for which Ordinance No. 3526 was adopted, and in include a severability clause which was inadvertently omitted from Ordinance No. 3526 , and to make certain other technical amendments to Ordinance No. 3526 , that it is necessary for the City Council to adopt legislation amendingOrdinance No. 526 to accomplish the 3 r h ie foresoins purposes ; I and WHEREAS, the City Council , at its duly called special meeting on February 25, 1982 , held a public hearing upon the subject matter of land use regulations of adult motion pictures within the City of Renton, at which public hearing the City Council received comments from the public on that subject matter at which the following testimony was received, which the City Council believes to be true, -4- Y and which, together with the findings heretofore set forth as the basis for the adoption of Ordinance No. 3256 , form the basis for the adoption of this Ordinance: 1. Many parents have chosen the City of Renton in which to raise their families because of the lack of pornographic entertainment outlets with its influence upon children external to the home. 2. Location of adult entertainment land uses on the main commercial thoroughfares of the City gives an impression of legitimacy to, and causes a loss of sensitivity to the adverse affect of pornography upon children, established family relations , respect -for marital relationship and for the sanctity of T marriage relations of others , and the concept of non-aggressive consensual_ sexual relations . 3. Citizens from other cities and ming County will travel to Renton to view adult film fare away from areas in which they are known and recognized. 4. Property values in the areas adjacent to the adult entertainment land uses will decline , thus causing a blight upon the commercial area of the City of Renton. 5. Location of adult entertainment land uses within neighborhoods and commercial areas of the City of Renton is disrupting to youth programs such as Boy Scouts , Cub Scouts and Campfire Girls . Many such youth programs use the commercial areas of the City as a historical research resource. Location of adult entertainment land uses in close proximity to residential uses , churches , parks and other public facilities and schools is inappropriate. 6. Location of adult entertainment land uses in close proximity to residential uses , churches , parks and other public facilities , and schools , will cause a degradation of the community standard of morality. .Pornographic material has a degrading effect upon the relationship between spouses . NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS : SECTION I: Existing Section 4-702 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following subsections : -5- i r t "Used" The word "used" in the definition of "Adult motion picture theater" herein, describes a continuing course of conduct of exhibiting "specific sexual activities" and "specified anatomical area in a manner which appeals to a prurient interest. SECTION II: Existing Section 4-735 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following subsections : _- (C) Violation of the use provisions of this section is declared to be a public nuisance per se, which shall be abated by City Attorney by way of civil abatement procedures only, and not by criminal prosecution. (D) Nothing in this section is intended to authorize , legalize or permit the establishment, operation or maintenance of any business , building or use which violates any City of Renton ordinance or statute of the State of Washington regarding public nuisances , sexual conduct, lewdness , or obscene or harmful matter or the exhibition or public display thereof. SECTION III: Existing subsection (A) (2) of Section 4-735 of Title IV (Building Regulations) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows : 2. One thousand feet (1,000') of any public or private school. SECTION IV: City of Renton Ordinance No. 3526 is hereby amended by adding the following section. to read as follows : If any section, subsection, sentence, clause, phrase or any portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City -6- d t of Renton hereby declares that it would have adopted City of Renton Ordinance No. 3526 and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections , subsections , sentences , clauses , phrases or portions be declared invalid or unconstitutional. SECTION V: If any section, subsection, sentence, clause, phrase or any portion of this ordinance is for any reason. held to be invalid or unconstitutional by the decision of any court of competent j urisdictioh, such decision shall 'not affect the validity of the remaining'.portions of this ordinance. The City Council of the City of Renton hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one. or more sections , sub- sections , sentences , clauses , phrases or portions be declared invalid or unconstitutional. SECTION VI: This ordinance shall be effective upon its passage , and approval and thirty (30) days after its publication. PASSED BY THE CITY COUNCIL this 14th day of June, 1982 . Delores A. Mead, LCity Clerk APPROVED BY THE MAYOR this 14th day of June, 1982. r. Barbara Y. Shinpoch, Mayor Approved as to form: M�' .—�/ _ • is Lawrence J Warren, City ttorne Y Date of Publication: June 18, 1982