§ 21.67.005. Intent.

A.

It is not the intent of the ordinance codified in this chapter to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of sexually-oriented businesses (adult entertainment establishments).

B.

Based upon a wide range of evidence presented to the Thurston County, including, but not limited to, the testimony of law enforcement officers and members of the public, and on other evidence, information, publication, articles, studies, documents, case law, and other materials, the county finds sexually-oriented businesses (adult entertainment establishments) creates or enhances undesirable secondary effects which include a wide range of criminal and other unlawful activities that have regularly and historically occurred, including prostitution, narcotics, breaches of the peace, assaults and sexual conduct involving contact between the patrons. Secondary land use effects also include impacts to both residential and commercial property, including a change of character, destabilization of neighborhoods, and depressed property values that are destructive to residential areas and certain commercial zones. These secondary effects are inconsistent with goals of the Lacey Joint Plan. Therefore, it is the intent of this chapter to mitigate these secondary impacts from adult entertainment establishments.

C.

It is well documented that certain businesses providing live adult entertainment in Tacoma and Seattle are increasingly associated with prostitution, disruptive conduct, and other criminal activity and constitute a threat to the public peace, health, and safety. Undercover information provided to our police officers document such occurrences. This chapter is intended to address these secondary impacts.

D.

The board of commissioners has reviewed studies from other jurisdictions, including a study by the city of Austin, Texas, dated May 19, 1986 and the "Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses" from the state of Minnesota. These studies have documented an increase in the crime rate generally, and specifically in the rate of sexually related crime, in areas which are close to adult businesses. These studies provide convincing evidence that adult oriented businesses provide an atmosphere supporting an increase in crimes such as assault, theft, robbery, prostitution, drug use and other serious offenses. This chapter is intended to address this concern.

E.

Many cities, including surrounding metropolitan areas, have experienced negative secondary land use impacts from adult entertainment activities. The skid row effect described in case studies of Detroit is one of these secondary effects, and is evident in certain parts of Seattle and Tacoma. Such an effect could be significantly magnified in the Lacey UGA due to the difference of size and characteristics of the urban growth area. This chapter is intended to address this concern.

F.

Secondary land use impacts to residential uses are expected when adult entertainment land uses are located adjacent or in close proximity to residential zones. At a minimum, adult entertainment uses located in close proximity to residential neighborhoods are perceived by residents to have a detrimental impact to the residential character and, therefore, an impact on the suitability of their area for residential use. This can cause a destabilization of the residential area, depressed property values, and have significant detrimental impacts to the health and vitality of the neighborhood. These impacts have been documented by studies in other jurisdictions. This chapter is intended to address these secondary land use impacts.

G.

Recent experience in Lacey with a proposed adult entertainment use demonstrates the concern of both residential neighbors and commercial landlords and tenants over the secondary effects of location of adult uses in the immediate vicinity of residential and commercial uses. In Lacey, commercial tenants in close proximity to a proposed adult facility feared losing clients because of the incompatibility of the adult use. Tenants questioned the area's viability for continued use by their patrons. Additionally, nearby residents testified that they saw the proposed adult entertainment facility as a significant distraction to their residential quality of life and expected significant adverse impacts to their neighborhood character and property values as a result. This chapter is intended to address these residential and commercial neighborhood concerns.

H.

By land use regulation of adult entertainment land uses it is the intent of this chapter to prevent deterioration and/or degradation of the vitality of the community.

I.

The city of Lacey Joint Plan requires that adjacent land uses be compatible. It is the intent of this chapter to require such compatibility when siting adult entertainment uses.

J.

The city of Lacey Joint Plan requires that regionally-oriented auto-oriented businesses be located away from residential neighborhoods and that only commercial uses serving the everyday commercial services and retail needs of residents be located in close proximity to residential uses. Studies from other jurisdictions have shown that the adult entertainment uses are regionally and automobile oriented. It is the intent of this chapter to require implementation of this land use strategy in siting of adult entertainment uses.

K.

Adult entertainment land uses are considered incompatible with certain land uses, such as residences, religious facilities, day care facilities, libraries, youth centers, parks and schools, and should be separated and buffered from such uses. It is the intent of this chapter to implement separation and buffering strategies protecting uses that are incompatible with adult entertainment uses.

L.

In order to avoid the skid row effect, adult entertainment uses need to be separated from one another. It is the intent of this chapter to implement a strategy to separate adult entertainment uses and avoid skid row effects in the Lacey UGA's land use zones.

M.

Careful siting of adult entertainment uses is necessary to properly integrate such uses into compatible land use zones. It is the intent of this chapter to carefully select certain zones providing for the needs of adult entertainment uses that will minimize impacts to other land uses in the selected zones.

N.

Careful site planning of adult entertainment uses is necessary to properly integrate adult uses among nonadult entertainment uses to avoid conflicts that impact the desirability of the commercial area for existing uses. It is the intent of this chapter to develop and require implementation of siting techniques to minimize land use impacts from adult entertainment uses upon surrounding land uses.

O.

The Lacey UGA's commercial resources are of great importance to the health and welfare of residents therein. Design review standards should be used with adult entertainment facilities to promote compatibility with existing uses. Design review also will help implement the vision for providing attractive, competitive commercial areas to encourage expansion of existing businesses and location of new businesses in the area. It is the intent of this chapter to implement this land use strategy.

(Ord. 11422 § 1 (part), 1997: Ord. 11274 § 1 (part), 1996)