HomeMy WebLinkAboutord1998-070WHATCOM COUNTY COUNCIL AGENDA BILL
NO--1998 - 368
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Odg. Dept.: Executive
10/14/98
J
OCT 1 41998
WHATCOM COUNTY
COUNCIL
10/13/98
Regular Council
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT.•
An Emergency Ordinance regarding adult entertainment in Whatcom County
ATTACHMENTS
SUMMARY STATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date:
RECOMMENDED MOTION (for final action):
COUNCIL ACTION TAKEN:
1998 - 368 10/13/98: Introduced and Adopted, 7 -0 Ord. #98 -070
Related File Numbers: Ordinance or Resolution Number (this item only):
0 OTO
C*06* 99
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INTRODUCED BY: Executive
PROPOSED BY: Executive
DATE: October 13, 1998
EMERGENCY ORDINANCE NO. 98 -070
An Ordinance of Whatcom County relating to land use
and zoning of places of adult entertainment, adult
theater, and adult use establishments, and to
licensing of adult entertainment, adult theater and
adult use establishments; establishing a moratorium
on acceptance of applications for, and issuance of,
use permits and building permits for adult
entertainment, adult theater, and adult use
establishments; establishing a moratorium on
acceptance of applications for, and issuance of,
business. licenses for adult entertainment, adult
theater, and adult use establishments; and declaring
an emergency.
WHEREAS, based upon information, the Whatcom County Council
finds that the use of property to operate, conduct or maintain adult
entertainment, adult theater, and adult use establishments is a use
which, because of its very nature, has serious objectionable
operational characteristics, which include a wide range of criminal
and other unlawful activities that have regularly and historically
occurred, including prostitution, narcotics and liquor law
violations, breaches of the peace, assaults and sexual conduct
involving contact between patrons and between entertainers and
patrons, some of whom have been minors; and
WHEREAS, the Whatcom County Planning and Development Services
Department is reviewing the Whatcom County Code and Comprehensive
Plan for proper operation and siting requirements which presently do
not exist; and
WHEREAS, the Growth Management Act requires the County to
consider all aspects of zoning and business regulations which include
adult entertainment, adult theater and adult use establishments; and
WHEREAS, in the absence of a moratorium, new applications for
such businesses and premises could establish vested rights to locate
in neighborhoods and places contrary to the intent of Whatcom County
to carefully and thoroughly provide for appropriate locations and
regulations; and
- Ordinance- 1
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WHEREAS, the County Council therefore finds that the
protection of the public health, safety and welfare requires
establishment of the said moratorium;
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES ORDAIN AS
FOLLOWS:
SECTION 1. Moratorium Established.
For the life of this ordinance, the County shall
review new comprehensive land use plan policies and
zoning regulations governing the location of places
of adult entertainment, adult theater and adult use
establishments. No application for such use permits
or building permits for places of adult
entertainment, adult theater, and adult use
establishments shall be accepted, no use permits or
building permits for adult entertainment, adult
theater, and adult use establishments shall be
issued, no applications for business licenses for
adult entertainment, adult theater, and adult use
establishments shall be accepted, and no adult
entertainment, adult theater, and adult use
establishment licenses shall be issued.
SECTION 2. SEPA Exemption.
Pursuant to Whatcom County Ordinance Code 16.08.065
and Washington Administrative Code WAC 197 -11 -880,
the Whatcom County Council finds that an exemption
under SEPA for this action is. necessary to prevent
an imminent threat to public health and safety and
to prevent an imminent threat of serious
environmental degradation through continued
development under the existing regulations. SEPA
review of any permanent regulations proposed for
replacement of the existing zoning shall be
conducted.
BE IT FURTHER ORDAINED AS FOLLOWS:
The Whatcom County Council finds as a fact and declares that a
public emergency exists and that this ordinance is necessary for the
protection of public health, public safety, public property, or the
public peace and shall take effect immediately and shall expire
- Ordinance- 2
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on the 61st day following the date on which this ordinance becomes
law.
ADOPTED this 13
r
Clerk of the Council
APPR AS TO FORM:
XA�J'
RANDALL J. WATTS
Chief Civil Deputy
Prosecuting Attorney
- Ordinance- 3
day o f October , 1998.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ROBERT IMHOF,
Council Chair
( ✓) APPROVED ( ) VETOED
4M-
EN
Executive /
DATE • ✓0 �� r