2005/06/15 Council Agenda Packet

I 5. The City finds that courts have allowed cities to rely upon the experiences of other cities and have not required each city regulating adult businesses to conduct their own studies. The City has decided to rely upon such other experiences, as recognized by the courts, because it believes it may not have the time, experience and/or resources to adequately study these issues; 6. These studies and other evidence confirm that adult retail establishments, due to their nature, have generated: a) increases in crime; b) increases in public sexual conduct; c) increases in the opportunity for the spread of sexually transmitted diseases; d) increases in corruption of minors; and e) adverse impacts upon the aesthetics and property values of the surrounding neighborhoods and businesses; 7. Separation of adult retail business uses from other sensitive uses, such as schools, parks, residential zones and places of worship, and separation of such businesses from each other, has been proven by these studies and other evidence to lessen the adverse impacts, and these separations will also allow the City to attract new businesses and residents as a result of the increases in aesthetics and property values and the diminution of crime, public sexual conduct and other adverse impacts; 8. It is not the intent of the City to suppress any protected rights of expression under the United States or Washington Constitutions, but to propose and enact content neutral legislation which addresses narrowly the negative adverse impacts of adult retail business uses, which allows them adequate alternative channels for communication of protected expression; 9. The Zoning Code amendment provided by this Ordinance: a- Is consistent with the applicable provisions of the Everett general plan; b- Bears a substantial relation to public health, safety or welfare; and c- Promotes the best long term interests of the Everett community; and WHEREAS, the City Council does conclude: 1. The studies and findings of other cities, counties and states that adult retail business uses generate significant adverse secondary effects are reliable and that the City does reasonably rely upon such studies;