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1!!!!!!!=1 <br /> E!/ERETT <br /> RESOLUTION NO. 4264 <br /> A RESOLUTION concerning the City' s regulations of public <br /> places of adult entertainment and adult use businesses, <br /> moratorium on public places of adult entertainment and adult <br /> use businesses (Ordinance No. 2138-96) , amendment and repeal <br /> thereof, and declaring an emergency to exist . <br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT THAT: <br /> SECTION 1 : Following the May 8, 1996, public hearing on <br /> Ordinance No. 2138-96, the amendment and repeal thereof, and the <br /> City' s proposed interim zoning and comprehensive plan regulations <br /> concerning adult use businesses, the City Council hereby makes <br /> the following findings: <br /> A- In 1986, following an extensive review, the City adopted <br /> zoning regulations pertaining to adult use businesses based upon <br /> their secondary adverse impacts on the community which were <br /> identified in Resolution No. 2768; <br /> B- Said zoning regulations were intended to protect and provide <br /> safety to certain sensitive land uses from the secondary adverse <br /> impacts of adult use businesses; <br /> C- Said regulations with revisions have been in effect since <br /> their inception; <br /> D- The City' s zoning regulations for adult use businesses were <br /> challenged in Wallock v. City of Everett. While the court found <br /> the City' s zoning regulations to be supported by a substantial <br /> and compelling governmental interest, the regulations continued <br /> to be challenged by Wallock on other grounds. Judge Farris <br /> rendered an oral decision in the case that would invalidate, <br /> absent amendments, the zoning code and comprehensive plan as they <br /> relate to adult use businesses; <br /> E- The City receives business inquiries concerning existing <br /> regulations relating to sexually oriented adult entertainment <br /> businesses and various licensing and permit applications relating <br /> to such businesses; <br /> F- Absent the existence of such adult use zoning regulations, the <br /> City cannot regulate the locations of these businesses and the <br /> secondary adverse impacts of these businesses on sensitive land <br /> uses through the use of separation requirements; <br /> 1 <br />