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Home My WebLink Aboutord1998-086WHATCOM COUNTY COUNCIL AGENDA BILL NO. 98 -394 CLEARANCES Initial Da (e Date Received in Council Office Agenda Date Assigned to: -iginator: Dave CranvNichaelKna 0 %D U �p U V D ebb' 41998. q HATCVV COUNTY COUNCIL 11/10/98 Introduction Division Head: 12/8/98 Hearing Dept. Head: 'Iya Prosecutor a PurchasingBudget: Executive: 0 SUBJECT: An Ordinance establishing a moratorium on acceptance of applications for, and issuance of, use permits and building permits, and business licenses for adult entertainment, adult theater, and adult use establishments. ATTACHMENTS: Adult Entertainment Moratorium Ordinance SEPA review required? ( yes ) Yes ( ) NO SEPA review completed? ( ) Yes ( no ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO Requested Date: December 8, 1998 VUMMARYSTATEMENT: This is an Ordinance establishing a ioratorium on acceptance of applications for; and issuance of, use permits and building permits, and business licenses for adult entertainment, adult theater, and adult use establishments. 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. The Director of Planning & Development Services along with the Whatcom County Executive and Prosecutor recommends adoption of this Moratorium.. Distribution Request Indicate those who should receive a cope after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail CQrJrT!'77 Ad- T7l17V TAR-1 N• 1998-394 11/10/98: Introduced 1218/98: Adopted 7-0, Ord. #98 -086 Related County Contract #: Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Treasurer Other Related File Numbers: Ordinance or Resol t'on Number (this item): • vim• INTRODUCED BY:_ PROPOSED BY: PLANNING_ DATE: 11/10/98 ORDINANCE NO. 98 -086 1 2 An Ordinance Establishing a moratorium on acceptance 3 of applications for, and issuance of, use permits and building permits, and business licenses for 4 adult entertainment, adult theater, and adult use 5 establishments 6 WHEREAS, based upon information, the Whatcom County Council 7 finds that the use of property to operate, conduct or maintain adult entertainment, adult theater, and adult use establishments is a use 8 which, because of its very nature, has serious objectionable 9 operational characteristics, which include a wide range of criminal and other unlawful activities that have regularly and historically 10 occurred, including prostitution, narcotics and liquor law 11 violations, breaches of the peace, assaults and sexual conduct involving contact between patrons and between entertainers and 12 patrons, some of whom have been minors; and 13 WHEREAS, the Whatcom County Planning and Development 14 Services Department is reviewing the Whatcom County Code and Comprehensive Plan for proper operation and siting requirements which 15 presently do not exist; and '6 WHEREAS, Chapter 20.10 Whatcom County Code establishes a 17 time line and procedure to be followed in amending or revising the 18 county comprehensive plan and this time line, excluding emergencies, requires council resolution initiating an amendment' to be made on 19 or about March 1st and County Council final action on initiated 20 amendments on or about November 30th of the year, and said Chapter requires all amendments to the County comprehensive plan to be 21 considered by the Council concurrently, the Council therefore finds 22 that any amendments (s) to the comprehensive plan to accommodate adult entertainment uses can not be accomplished earlier than November 23 30, 1999; and 24 WHEREAS, the Growth Management Act requires the County to 25 consider all aspects of zoning and business regulations which include 26 adult entertainment, adult theater and adult use establishments; and 27 WHEREAS, the Growth Management Act requires, with certain 28 exceptions, that all proposed amendments or revisions of the comprehensive plan be considered by the governing body of the county 29 no more frequently than once every year and that all such amendments 30 or revisions shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained; 31 and 32 WHEREAS, in the absence of a moratorium, new applications for 13 such businesses and premises could establish vested rights to locate 34 in neighborhoods and places contrary to the intent of Whatcom - Ordinance- 1 County to carefully and thoroughly provide for appropriate locations and regulations; and 1 WHEREAS, the SEPA checklist has been forwarded to the Deputy 2 SEPA official and it will be completed prior to the adoption of th 3 eordinance; and 4 WHEREAS, the County Council therefore finds that the 5 protection of the public health, safety and welfare requires establishment of the said moratorium; 6 7 NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES ORDAIN AS FOLLOWS: 8 9 Moratorium Established. 10 For the life of this ordinance, the County shall 11 review new comprehensive land use plan policies and zoning regulations governing the location of places 12 of adult entertainment, adult theater and adult use 13 establishments. No application for such use permits or building permits for places of adult 14 entertainment, adult theater, and adult use establishments shall be accepted, no use permits or 15 building permits for adult entertainment, adult 6 theater, and adult use establishments shall be issued, no applications for business licenses for 17 adult entertainment, adult theater, and adult use 18 establishments shall be accepted, and no adult entertainment, adult theater, and adult use 19 establishment licenses shall be issued until 20 specific development regulations and comprehensive plan amendments authorizing such uses have been 21 enacted by the Whatcom County Council on or before 22 November 30, 1999. 23 ADOPTED this 8 day of DECEMBER , 1998. 24 WHATCOM COUNTY COUNCIL 25 WHATCOM COUNTY, WASHINGTON 26 27 28 ROBERT IMH F, 29 Council Chair 30 TES, 31 32 D ROWN -D 3 Clerk of the Council 34 - Ordinance- 2 APPROVED AS TO FORM: Dot DAVID k. GRANT Civil Deputy Prosecuting Attorney - Ordinance- 3 ( ) APPROVED ( ) VETOED TE KREMEN Executive DATE: