Ord 1901COUNCIL BILL N0. 837
ORDINANCE N0. 1901
AN ORDINANCE AMENDING ORDINANCE N0. 1807 TO PROC~IDE FOR THE ZONING OF
ADULT' ENTERTAINMENT BUSINESSES, AND DECLARING AN EMERGENCY.
WHEREAS, on March 26, 1984, the Woodburn City Council imposed
a temporary moratorium on the placement of adult entertainment businesses
within the city of Woodburn and directed the Woodburn Planning Commission
to conduct public hearings and to draft an ordinance zoning such businesses
within the city, and
WHEREAS, the Woodburn Planning Commission met repeatedly concerning
th~.s matter including two "town hall" type meetings on July 26, 1984
and September 13, 1984, and
WHEREAS, The Woodburn City Council, on September 24, 1984,
again considered the legal options available to the city and voted to
have the ~aoodburn Planning Commission continue the preparation of a pro-
posed ordinance, and
WHEREAS, on October 11, 1984, the Woodburn Planning Commission
conducted a public hearing, considered exhab its and testimony, and voted
unanimously to recommend an ordinance justified by find.in.gs to the Woodburn
City Council, NOW, THEREFORE,
THE CITY OF WOODBURN ORDIANS AS FOLLOWS:
Section 1. That Ordinance No. 1807 17e amended so that an
add.itaonal chapter, Chapter 38, be added to the ordinance. This chapter
shall read as follows:
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ORDINANCE No. 19C1
CHAPTER 38
SECTION 38.010. DEFINITIONS.
(A) "Adult entertainment business" is a term intended to cover
a broad range of activities characterized by live, closed circuit, or
reproduced material which has an emphasis on nudity and/or sexual acti-
vity. The term adult business also includes the full range of adult
theaters and related businesses defined below. Adult businesses generally
limit their patrons to persons at least 18 years of age. Adult businesses
include the following types of establishments: adult bookstores, adult
theaters, adult arcades, adult cabarets, adult paraphernalia shops, and
other establishments which feature a combination of activities or mer-
chandise described above which collectively make up a substantial or
significant portion of the establishment business" also includes other
uses similar to the uses listed above, presenting material for patrons
to view (live, closed circuit or reproductions), and/or purchase or
rent, a substantial portion of which is characterized by an emphasis
on nudity and/or specified sexual activity; and limiting entrance to
patrons who are over 18 years of age.
(B) "Adult bookstore" is an establishment having, as a substan-
tial or significant portion of its merchandiser such items as books,
magazines, other publications, films, video tapes or video discs which
are for sale, rent or viewing on premises and which are distinguished
by their emphasis on matters depicting specified sexual activities.
(C) "Adult theater" is an establishment used primarily for pre-
senting material (either live, closed circuit, or pre-recorded) for
observation by patrons therein, having as a dominant theme an emphasis
on nudity and/or specified sexual activities.
(D) "Adult arcade" is an establishment offering viewing booths
or rooms for one or more persons in which a substantial portion of the
material presented (either live, closed circuit or reproduced) is char-
acterized by an emphasis on nudity and/or specified sexual activities.
(E) "Adult cabaret" is an establishment having as its primary
attraction live exhibitions (either for direct viewing, closed circuit
viewing, or viewing through a transparent partition) for patrons, either
individually or in groups, where a substantial portion of the material
presented is characterized by an emphasis on nudity and/or specified
sexual activities.
(F) "Adult paraphernalia shop" is an establishment offering as
a substantial or significant portion of its merchandise objects which
simulate human genitalia and/or objects designed to be used to sub-
stitute for or be used with human genitalia while engaged in specified
sexual activities.
(G) "Nudity" or "nude" means being devoid of a covering for the
male or female genitalia consisting of an opaque material which does
not simulate the organ covered and in the case of a female exposing to
view one or both breasts without a circular covering, centered on the
nipple that is at least three inches in diameter and does not simulate
the organ covered.
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ORDINANCE N0. 1901
(H) "Specified sexual activities" means real or simulated acts
of human sexual intercourse, human/animal sexual intercourse, master-
bation, sadomasochistic abuse, sodomy or the exhibition of human sexual
organs in a stimulated state or the characterization thereof in printed
form.
SECTION 38.015. REQUIREMENTS.
(A) An adult entertainment business shall be located only in a
CG (Commercial General) district but no closer than 500 feet from the
following zoning districts and land uses:
1) Another adult entertainment business;
2) The boundary of a residential zone;
3) A library;
4) Church;
5) A public or private elementary, junior high or high
school or junior college;
6) A park or public playground.
(B) The distance referred to herein shall be measured in a straight
line, without regard to intervening structures or obstructions, from the
closest point of the structure or portion of the structure containing the
adult entertainment business to the closest point of the protected district
or use.
Section 2. That this ordinance is based on the evidence in
the record as presented before the Woodburn City Council and is justified
by the attached findings which are labeled Exhibit "A" and are by this
reference incorporated herein.
Section 3. This ordinance being necessary for the immediate
preservation of the public peace, health, and safety, an emergency is
declared to exist and this ordinance shall take effect immediately upon
passage by the Council and approval by the Mayor.
Approved as to form: , . ~ ~ ~ _.µ~ L V ~ ~ ~
City Attorney Date
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ORDINANCE N0. 1901
;.
APPROVED: __ ~~~~
~VGTILLIAM J»~ C~7~SI'IND,~MAYOP.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
November 19, 1984
November 20, 1984
November 20, 1984
~Jovember 20, 1984
ATTEST: ~R
BARNRY 0% B IS, Recorder
City of Grood1.~urn, Oregon
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ORDINANCE N0. 1901
Exhibit "A"
FINDINGS
1. Currently, Ordinance No. 1807 does not distinguish between adult
entertainment businesses and other commercial uses, which are
permitted outright in commercial zones.
2. The City has received testimony from city residents that adult
entertainment businesses are not compatible with residential,
church, public park and school uses.
3. Experience in other communities has shown that the concentration
of adult businesses contributes to blight and deterioration in
commercial and residential areas.
4. The City of Portland has documented complaints concerning exist-
ing adult entertainment businesses showing that these uses adversely
affect the quality and stability of nearby residential and commercial
areas and it is likely that the same effects would be experienced in
Woodburn if such businesses located here.
5. It is in the best interest of the City to mitigate the adverse impacts
of adult entertainment businesses by separating them from each other
and from surrounding residential, church, public park and school uses
and by excluding them from some commercial zones.
6, These uses can be adequately separated by prohibiting adult enter-
tainment businesses within 500 feet of a residential zone, church,
public park or school and within 500 feet of another adult entertain-
ment business.
7. These types of establishments are often associated with other, more
serious, illegal activities such as prostitution, dissemination of
obscene materials prohibited by ORS 167.087, public indecency and
immoral activities involving children.
8. The City Council intends by this amendment to ameliorate the blight-
ing and decay-producing social effects upon. residential and resi-
dentially-supportive commercial neighborhoods caused by adult enter-
tainment businesses, as defined herein, without intending to impose
upon such businesses a restriction of the communication they offer
or the right of patrons to have access to such communication,
9. The City Council does recognize9 and hereby finds, that to regulate
such businesses upon the basis of approving or not approving the
content of the communication purveyed thereby or to restrict the
right of citizens to have access to such communication has been held
to violate the protection of free speech afforded by both the United
States and Oregon Constitutions and such regulation would be suspect
under the law.
10. The City Council is advised, and does hereby find, that it is not
necessary for the City Council to await the actual occurrence of
such blighting and decay to residential and residentially-supportive
commercial neighborhoods from the presence of adult entertainment
businesses to enact regulations of the type herein prescribed, but
that the City Council can rely upon findings and evidence in support
thereof by other urban communities whose investigation into the sub-
ject has revealed such phenomena and the need for such regulation.
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Exhibit "A"
Accordingly, this City Council adopts the determination of the
Common Council of the City of Detroit, Michigan, when it enacted
legislation upheld in Youn, v. American Mini-Theatres, found in
427 U.S. 50, 49 L.Ed.2d 310, 96 S. Ct. 2040 1976 to the effect
that adult entertainment businesses in the form of theaters offering
specific adult-oriented material adversely impact the surrounding
community unlike other theaters, thereby requiring different treat-
ment under the zoning scheme applicable to the City of Detroit.
11. The City Council finds that adult entertainment businesses, as
defined herein, commonly include movie theaters, bookstores, clubs,
relaxation parlors, arcades, merchandising shops and the like, all
of which in their generic form are permitted-uses within specified
zoning districts in the City's zoning ordinance. However, the City
Council finds that when such businesses offer the display of sexually
explicit erotic conduct, intended to appeal to the prurient interest,
including real or simulated specific sexual activities such as mastur-
bation, intercourse, sodomy, sadomasochistic abuse or stimulated
sexual organs, or the sale of materials and services intended to
appeal to such interests., there is an impact upon surroundings resi-
dential and residentially-supportive commercial land uses resulting
in deteriorated property values, increased antisocial and criminal
incidents and exposure of residents to blighting effects on the quality
of residential life,
12. The City Council finds that the deleterious effects of adult entertain-
ment businesses upon surrounding residential and residentially-supportive
commercial neighborhoods will be reduced if such businesses are required
to locate at distances from one another and from such other prescribed
land uses as will discourage any clustering of adult entertainment busi-
nesses or the concentration thereof and minimize corresponding effects
found by the City Council to accompany the intensified presence of
adult entertainment land uses.
13. The City Council finds that the urbanized areas of unincorporated Marion
County are substantially similar in character to areas of similar popu-
lation density within the City of Woodburn, and that studies conducted
by the City of Woodburn regarding the effects of adult entertainment
businesses are relevant and probative in unincorporated Marion County.
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