HomeMy WebLinkAboutORD 5597CITY OF RENTON, WASHINGTON
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-3-010, ADULT RETAIL AND ENTERTAINMENT REGULATIONS, OF CHAPTER 3,
ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, OF TITLE IV,
(DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF
GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", AMENDING
THE REGULATIONS REGARDING ADULT RETAIL AND ENTERTAINMENT AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Renton (hereinafter "the City") and its representatives are
committed to protecting the general welfare, public health, safety, peace, property values,
reputation and tranquility of Renton, its residents, and its guests, through the promulgation
and enforcement of laws regulating a sexually-oriented business (hereinafter "SOB"), obscenity,
public indecency, and criminal and sexual offenses while not impermissibly encroaching on
freedom of speech under the federal and state constitutions; and
WHEREAS, the City reasonably believes that the regulation of SOBs is necessary
because, in the absence of regulations, significant criminal activity has historically and regularly
occurred locally, statewide, nationally and internationally. A small part of this history is
identified in the court decisions, articles, reports and studies noted throughout the related
resolution 4090 and its appendices, adopted contemporaneously with this ordinance; and
WHEREAS, this history of criminal activity in, around and/or near SOBs has included, but
is not limited to, rapes, assaults, sexual assaults, prostitution, serving alcohol to minors,
physical and sexual contact between patrons and between entertainers and patrons, public
indecency, narcotics and liquor law violations, harassment and stalking, breaches of the peace,
ORDINANCE NO. 5597
disorderly conduct, organized crime, and the presence within the SOB industry of individuals
with hidden ownership interests and outstanding arrest warrants; and
WHEREAS, at least one study noted that in addition to traffic, noise, and littering,
residents complained that they saw people urinating, masturbating, and soliciting for
prostitution in areas adjacent to SOBs; the most frequent crimes reported included disturbing
the peace, public indecency, prostitution, drug-related violations, loitering, robbery, larceny,
theft from motor vehicles, and public drinking or urinating; and
WHEREAS, at least one study noted that not only do SOBs have an actual negative
secondary impact on the surrounding properties, but also that the higher the concentration of
SOBs in one locale, the greater their impact on the neighborhood; the study identified that the
two primary ways in which SOBs affect the neighborhood is 1) by their presence in the
neighborhood, including signage and advertising and 2) by the hours of operation and the type
of people who they attract. Specifically, the "presence" of SOBs cause "dead zones" in
commercial areas where shoppers do not want to be associated and where they do not want
their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering,
unsavory people including prostitutes, and noise based on traffic and disturbances; and
WHEREAS, it was concluded that "one isolated SOB has much less direct impact on the
neighborhood than a concentration of SOBS. It does, however, impact the properties
immediately surrounding it. The more visible it is, the more impact it has"; and
WHEREAS, some of the studies and court decisions establish that municipalities may
promulgate and enforce special regulatory treatment that relate to "time, place and manner"
regulations as long as the municipality can demonstrate that it has a substantial governmental
ORDINANCE NO. 5597
interest in regulating SOBs and the regulations permit reasonable alternative means of
communication; and
WHEREAS, the City attempts to comply with or meet the ordinance validity test of City
of Renton v. Playtime Theatres, Inc., 1) by not banning SOBs altogether, but rather limiting
their distance from other SOBs and sensitive places; 2) by not focusing on the alleged message
of the SOB performances or conduct, but rather focusing on and addressing the negative
secondary effects of SOBs; and 3) by designing the ordinance to serve a plethora of substantial
governmental interests, including but not limited to reducing crime, protecting the patrons, the
entertainers, families, and minors, and maintaining property values; and
WHEREAS, for the purpose of mitigating the negative secondary effects noted in various
studies the City will require that no SOB operate within 1,000 feet of an alcohol-serving tavern,
bar, dance hall, restaurant or similar business;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-3-010A, Prohibited in Certain Areas, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended as follows:
A. PROHIBITED IN CERTAIN AREAS:
Adult motion picture theaters, peep shows, panorams, adult retail uses, and
places of adult entertainment are prohibited:
ORDINANCE NO. 5597
1. Within one thousand feet (1,000') of any residential zone (RC, R 1, R 4, R-
8, R 10, RM, COR or RMH) or any single family or multiple family residential usev;
and
2. Within one thousand feet (1,000') of any public or private elementary or
secondary school; and
3. Within one thousand feet (1,000') of any family day care, day care center
for children, nursery, or preschool; and
4. Within one thousand feet (1,000') of any facility or institution used
primarily for religious purposes7_and
5. Within one thousand feet (1,000') of any public park with the exclusion
of public parks which solely consist of a public trail or P 1 zone.; and
6. Within one thousand feet (1,000') of any other established adult motion
picture theater, peep show, panoram, adult retail use, or place of adult
entertainment; and
7. Within one thousand feet (1,000') of an alcohol-serving tavern, bar,
dance hall, restaurant or similar business; and
8. The City retains the discretion, when rare circumstances exist, to permit a
use closer than the delineated setback distance if natural features such as a
wetland, natural area or creek or a built feature such as a major road creates an
actual setback that is greater than the direct line setback.
EXCEPT: Adult retail uses and adult entertainment businesses, as defined
herein, shall be permitted within those zones within the Employment Area Valloy
ORDINANCE NO. 5597
(EAV) land use designation of the comprehensive plan and south of I 405, and
are not subject to the distance requirements set out heroin.
SECTION II. Section 4-3-010, Adult Retail and Entertainment Regulations, of Chapter
3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby amended to add a new subsection B, entitled "Exceptions", to read as shown below.
The remaining subsections B-E shall be re-lettered accordingly.
B. EXCEPTIONS:
Adult retail uses and adult entertainment businesses, as defined herein, shall
be permitted provided the following geographic criteria can be met:
1. Located within those zones of the Employment Area Valley (EAV) land
use designation;
2. Located south of and not facing SW 16th Street;
3. Located west of and not facing East Valley Highway;
4. Not located within one thousand feet (1,000') of any established adult
motion picture theater, peep show, panoram, adult retail use, or place of adult
entertainment; and
5. Not located on a parcel that shares the same street frontage of any
established adult motion picture theater, peep show, panoram, adult retail use,
or place of adult entertainment; and
ORDINANCE NO. 5597
a. Parcels located along or taking primary access from the same street
without a bisecting primary arterial shall be considered to share the same street
frontage-
fa. Parcels located within five hundred feet (500') of a street intersection
shall be considered to have street frontage along both intersecting streets.
6. Not located on or between SW 43rd and SW 41st Streets: and
7. Not located within one thousand feet (1,000') of the Boeing "Longacres"
property.
SECTION III. Subsection 4-3-010B, Measurement Procedure, of Chapter 3,
Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington",
is hereby re-lettered as indicated in Section II of this ordinance, and amended as follows:
BC. MEASUREMENT PROCEDURE:
The distances provided in this Section shall be measured by following a
straight line, without regard to intervening buildings, from the nearest point of
the property parcel upon which the proposed use is to be located, to the nearest
point of the parcel of property, street or the land use district boundary line from
which the proposed land use is to be separated.
SECTION IV. The City Council hereby declares an emergency and this ordinance shall
be effective immediately upon adoption.
ORDINANCE NO. 5597
PASSED BY THE CITY COUNCIL this 25th day of APRIL , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 25th day of APRIL _, 2011.
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'•VAL'y-zs fJi.M
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, Renton City Attorney
Date of Publication: 4/29/2011 (summary)
ORD:1632:4/15/ll:scr
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