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HomeMy WebLinkAboutord2001-026WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -182 CLEARANCES itai Date Date Received in Council O ice A ends Dare Assigned m: - +gbimon Mar W. Aamot S44-o r, � pp 2 �=)( �,q ♦ qV S MAY 7.2 2�U1 WHRTCOM COUNTY COUNCIL -29 -01 Council Division Head: Sylvia Goodwin I Dept Head: Hat Hart �I Prosecutor Karen Frolics ' P"rclum"gBudgets s .✓ Frnna: Pete Xremen Z� SUBJECT: Emergency Ordinance to allow adult businesses in the light impact industrial zone as an administrative approval use rather than with a conditional use permit as currently required, shortening permit time frames, and establishing precise and objective criteria. ATTACHMENTS: (I) Proposed Ordinance. SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( x') NO i SEPA to has istriffelaprior to ad Bono ms 0Minams, Should Clerk schedule a hearing? ( ) Yes ( x ) NO Requested Dole: SUMMARY STATEMENT: The County Council adopted Ordinance 99- 070 in November of 1999 establishing regulationsfor adult businesses. This ordinance allows adult businesses in certain light impact industrial zones . 4th a conditional use permit. There is now concern that the conditional use permit process may be too lengthy under case law. Therefore, emergency amendments are proposed to the Comprehensive Plan and zoning that would allow adult businesses to locate in these light impact industrial zones as an administrative approval use, rather than with a conditional use permit, because the administrative approval process is much shorter. Additionally, case law suggests that approval criteria must be precise and objective. The proposed ordinance would establish such criteria for adult businesses. Distribution Request Indicate those who should receive a copy after Council action. Lit spri..ilc mme_t to the tight ADS FaaiEdes Mmugement ADS Finance ADS Human Resources ADS info Services Assessor Auditor coaperame Extension District Conn E Health eafth Hearing Eeamino JMI COUNCIL ACTION TAKEN: 2001- 162 51292001: Amended and adopted 5-1, Hoag opposed, McShane absent, Ord. #2001 -026 Rela. Related File Numbers: All # 99 -074 and All # 99-412. F "t" "'re Parks Planning Hal Han Prosecutor Public Works Sheri superior Cosa Trea ure Other Ordinance or RpesoTluthpi Number /m�I (this item): Om w ZGpi f VLp LF44 nningwensnAEmcrgency 2001 \EMEW4(o)02 (Adult Business Temporary Ord) Agenda Bill doe SPONSORED BY: Planning PROPOSED BY: Plannine INTRODUCTION DATE: 5/29/01 ORDINANCE # 2001 -026 TEMPORARILY AMENDING THE ADULT BUSINESS PROVISIONS OF THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE (TITLE 20) AND DECLARING AN EMERGENCY WHEREAS, Ordinance 99 -070 was passed in November of 1999 allowing adult businesses in certain light impact industrial zones with a conditional use permit; WHEREAS, processing time for conditional use permits is 90 to 120 days under WCC 2.33.090; and WHEREAS, case law suggests that processing should occur within specific and brief time limits; and WHEREAS, administrative approval use permits can be processed more quickly than conditional use permits; WHEREAS, case law also suggests that approval criteria must be precise and objective; and WHEREAS, the criteria for granting administrative approval use should be specifically adapted for adult businesses so that the criteria are precise and objective; and WHEREAS, section 2.40 of the Whatcom County Charter limits an emergency ordinance to a period not to exceed 60 days from the effective date of the adopted ordinance; and WHEREAS, RCW 36.70.795 permits adoption of interim official controls as long as a public hearing is held within 60 days of adoption. Page 1 The Council makes the following findings: 1. A potential deficiency in Ordinance 99 -070 has been identified. This deficiency can be corrected by making time frames for approval of adult businesses specific and brief and by establishing precise and objective approval criteria, in accordance with case law. 2. The Growth Management Act (GMA) establishes planning goals that are to guide local govenunents when adopting development regulations, such as zoning ordinances (RCW 36.70A.020). 3. GMA planning goal # 7 indicates that "Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability" (RCW 36.70A.020(7)). 4. Whatcom County Comprehensive Plan GOal 2D is to "Refine the regulatory system to ensure accomplishment of desired land use goals in a fair and equitable manner." 5. Fair permit processing requires that a procedure for siting adult businesses provide brief processing times and precise and objective approval criteria. The Council makes the following conclusions: This interim regulation relating to adult businesses is consistent with the planning goals of the Growth Management Act (RCW 36.70A.020). 2. This interim regulation is consistent with the Whatcom County Comprehensive Plan. 3. This interim regulation will serve the public interest by providing a framework for processing adult business applications in a quick and objective manner, as required by case law. Page 2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 1. The text of the Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. Section 2. The text of the Official Whatcom County Zoning Ordinance is hereby amended as shown on Exhibit B. Section 3. Adoption of this emergency ordinance is necessary for the protection of the public health or safety and shall take effect immediately when the County Executive signs it and shall expire on the 61" day following the date the ordinance becomes law. Section 4. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 29 day of May , 2001 ATTEST: Dana Brown- Davis, Council Clerk APPROVED as to form: C)T� Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON , A. Page 3 Ward Nelson, Chairperson Q(Ap ved () Denied I P emen, Executive Date: Exhibit A Amend Adult Business policies of the Comprehensive Plan as follows: GOAL 2AAA: Establish criteria for the location of adult businesses. Policy 2AAA -1: Adult businesses will be allowed with conditional use administrative approval use permits in Light Impact Industrial zoning districts that are located within City Urban Growth Areas. Adult businesses will not be allowed in the Light Impact Industrial zone immediately southeast of the Bellingham International Airport because, as the main entrance to the airport, it serves as a gateway to the community. Policy 2AAA -2: Adult businesses will not be allowed in other zoning districts. Policy 2AAA -3: Adult businesses will notbe allowed within 1,000 feet of a school, day care, church, park, library, residential zoning district, rural zoning district, Interstate -5 or state highway. Policy 2AAA -4: An adult business will not be allowed within 1,000 feet of any other adult business. Policy 2AAA -5 i Non - conforming adult businesses will be terminated within one year of the adoption of this amendment. A maximum of four one- year extensions may be granted if needed to recoup financial expenditures made in the business. ( Exhibit B Amend the Official Whatcom County Zoning Ordinance as follows: 20.66.130 Administrative approval uses. The following uses are permitted with administrative approval pursuant to WCC 20.84.235. .131 34} An adult business enclosed within a building, when located in a city's urban growth area, provided that: (1) The building that contains the adult business and signs relating to the business are not within 1,000 feet of any of the following: (a) The outside boundary of any parcel that already contains a public school, private school, or day care; (b) The outside boundary of any parcel that already contains a church or other house of worship; (c) An existing public park; (d) The outside boundary of any parcel that already contains a public library; (e) A residential or rural zoning district (including Urban Residential, Urban Residential Medium Density, Urban Residential- Mixed, Residential Rural, Rural one dwelling/two acres, Rural one dwelling/five acres, Rural one dwelling/10 acres and residential zones within the city limits); (f) Interstate 5 or a state highway; or (g) The outside boundary of any parcel that already contains another adult business. (2) Directional signs permitted under WCC 20.80.470 are not subject to the 1,000 -foot buffer of subsection (1) of this section. (3) Adult businesses are prohibited within the Light Impact Industrial zone located southeast of the Bellingham International Airport shown on Map 4 of the Urban Fringe. Subarea Plan. (4) An adult business shall not sell, provide or allow performances, films, publications, or other activities that are prohibited by state law or county ordinance. (5) Planning and Development Services shall send a notice of the proposal to all owners of property within 1,000 feet of the external boundaries of the subject Page 5 20.84.235 Administrative approval uses. (1) The applicant shall submit an Administrative Approval Use application form Gheeklist;LAppFeyal Form to the planning and development services department together with all of the followine: a. epprepfiate42ocumentation of compliance with approval requirements;; b. a The filing fee specified in the Unified Fee Schedule;; c. Typed self - adhesive mailing labels with the names and addresses of each property owner within 300 feet of the external boundary of the subject property as shown on the records of the County Assessor. d. an&et- �Three copies of a site plan at an appropriate scale of 1" =20' for sites that less than five acres and 1" = 40' for sites five acres or more (if requested by the applicant a different scale may be approved by planning and development services) The site plan shall showing locations of property boundaries, locations and sizes of structures, vehicular access and parking areas, locations and types of water and sewer services, and locations and types of structures on adjacent properties. (2) Upon receipt of application materials per subsection (1) of this section, the planning and development services department shall send a notice of the proposal to all owners of property within 300 feet of the external boundaries of the subject property at least 15 days prior to the decision date. The applicant shall also post public notices of the proposal on all road frontages of the subject property so as to be visible to adjacent property owners and to passing motorists. Said notices shall be provided to the applicant by the planning and development services department and shall remain in place for at least 15 days prior to the decision. A signed affidavit of posting shall be returned at least one week prior to the decision. Property owners who have been notified of the proposal shall have a period of 15 days from the date printed on the mailed notice or 15 days from the posting of notice on the property, whichever is later, within which to submit to the planning and development services department a written response in support of or in opposition to all or parts of the proposal. (3) Planning and development services shall approve or deny all administrative approval use applications. �ea-dDecisions for all administrative use permits except adult businesses shall be based upon compliance with the criteria established for the proposed use in the appropriate zone district, the requirement of this section and of WCC 20.84.220. Decisions for administrative approval use permits for adult businesses shall be based solely upon the criteria in WCC 20.84.235(7). EM 20.84.23501. (5) (3) If the permit is denied, the applicant shall be notified in writing. The grounds for denial and the applicant's right to appeal shall be set forth in this notification. ill (4) Any party of record may appeal the decision. For purposes of administering this section, parties of record shall be defined as the applicant, the owner of the property, and any person who has submitted a written response to the proposal. Each application for appeal of an administrative approval shall be accompanied by a fee as specified in the Unified Fee Schedule. (Ord. 97 -069, 1997; Ord. 95 -031, 1995; Ord. 91 -009, 1991). (7) Criteria for adult businesses. Prior to granting administrative anproval for an adult business planning & development services shall find that the proposed use at the proposed location satisfies or will satisfy all the following criteria. (a) The adult business will be in accordance with Policies 2AAA -1 through 2AAA -4 of the Whatcom County Comprehensive Plan. (b) The adult business will be consistent with WCC 20.66.131. (c) The adult business shall be closed from 2 a.m. to 10 a.m. if it contains: (i) An adult eating or drinking establishment as defined by WCC 20.97.008 2 7 or (ii) An adult theater as defined by WCC 20.97.008(3): or (iii) An other adult commercial establishment as defined by WCC 20 97 008(4): or (iv) One or more viewing booths. without doors Physical barriers or visual barriers: and ii. Each viewing booth shall have at least one 100 -watt light bulb that is properly working and turned on when business is open. in. Aisles outside viewing booths shall be a minimum of five feet wide. For adult businesses containing one or more viewing booths, a condition of administrative approval shall require an unannounced inspection every six months during business hours by Whatcom County to ensure that measures (d)(i) through (d)(iii) above are being implemented on an on -going basis Page 7 20.84.240 Appeals. The hearing examiner shall have the authority to hear and decide, in conformity with this ordinance, appeals from any order, requirement, permit decision or determination made by an administrative official in the administration or enforcement of this chapter where more than one interpretation is possible; provided, that such appeal shall be filed in writing within 14 days of the action being appealed. If an appellant prevails in an appeal of an administrative approval decision, the appellant's appeal fees shall be refunded. The appeal fee on a code violation will be refunded if the appellant can prove by clear and convincing evidence that a violation did not occur. Appeals of administrative approval use permit decisions for adult businesses shall be made directly to the county council pursuant to WCC 20.92.825, and shall not be heard by the hearing examiner. (Ord. 99-056,1999; Ord. 96 -031 § 2, 1996). 20 92 825 Adult Business Appeals Appeals of administrative approval use permits for adult businesses shall be made directly to the county council and shall be subject to the following procedures: (1) The applicant or any party of record may appeal an administrative approval use permit decision relating to an adult business to the county council. (2) The appellant shall file a written notice of appeal at the county council office within 10 calendar days of the administrative approval use permit decision A fee as established in the Unified Fee Schedule, shall be paid to the county council office upon filing of any appeal. (3) The county council office shall mail written notice to the administrative T approval use permit applicant within five calendar days of receiving the anneal if the appeal was not submitted by the applicant. (4) The council office shall request the written record from planning and development services within three calendar days of receiving the appeal. The written record shall be forwarded by planning and develonment services within three calendar days of the request from the county council office (5) Within three calendar days after receipt of the anneal the county council office shall send a letter of notification to the appellant that a statement containing the appellant's basis for appeal and argument is due The statement and argument and a proof of service (affidavit of mailing) upon the administrative approval use permit applicant (if different from the appellant). must be filed in writing alone with 10 copies with the clerk of the county council within 10 calendar days after the postmark date of the letter of notification. (6) An argument or response from the administrative approval use applicant fif different than the appellant) shall be filed in writing alone with 10 copies. within 10 calendar days after the date of filing the appellant's argument with the council office. (7) The county council shall decide the weal and issue written findings of fact and conclusions of law within 40 days of the date the appeal was filed. (8) The county wuncil shall affirm the decision of planning and development services unless a majority of the entire comty council finds that the decision is: (a) Based upon an error of law: or (b) Clearly erroneous on the entire record. (9) The county council may where their decision results in project approval, impose modify or delete conditions based solely on the criteria of WCC 20.84.235(7). (10) The procedures of WCC 20.92.600, 20.92.700, 20 92 810. and 20.92.820 shall not apply to Vocals relating to adult businesses.