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Resolution 03-014 Establishing Adult Entertainment Moratorium CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-0.14 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, WASHINGTON ESTABLISHING A MORATORIUM ON THE FILING OF APPLICATIONS WITH SPOKANE COUNTY FOR DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCIATED WITH ADULT ENTERTAINMENT WITHIN THE CORPORATE LIMITS OF THE CITY OF SPOKANE VALLEY. WHEREAS, the voters of the City of Spokane Valley on May 21, 2002 approved the incorporation of the City of Spokane Valley as a non-charter code city: WHEREAS, the City Council believes that it is in the best interest of the City of Spokane Valley to promote reasonable and orderly growth pursuant to the adoption of reasonable development standards and criteria; WHEREAS, if the City were to begin public consideration of permanent regulations and amendments without first adopting a moratorium, the efforts could be frustrated by the submission of applications for certain land uses which would render the proposed regulations moot; WHEREAS, RCW 35.02.137 authorizes the City Council to adopt resolutions establishing moratoria during the interim transition period on the filing of applications for development permits and approvals, including, but not limited to subdivision approvals and building permits; and WHEREAS, the City Council finds protection of the public health, safety and welfare supports establishment of a moratorium on applications for certain development permits and approvals for property within the corporate limits of the City of Spokane Valley. NOW, THEREFORE, be it Resolved by the City Council of the City of Spokane Valley, Washington, as follows: Section 1. Adult Entertainment. A moratorium is imposed upon the filing with Spokane County of any and all applications for licenses, permits and approvals for adult entertainment establishments, as that term is defined in Chapter 7.80 of the Spokane County Code (Resolution 99 0762, dated September 7, 1999). For purposes of reference, a map of the corporate limits of the City of Spokane Valley is attached hereto as Exhibit"A". Section 2. Term of Moratorium. The moratorium shall he effective immediately upon passage of this Resolution and shall continue in effect until the official date of incorporation of the City of Spokane Valley. Section 3. Duties of City Clerk and Spokane County. The Interim City Clerk shall immediately transmit a certified copy of this resolution to the Spokane County Commissioners and the Spokane County Department of Building and Planning. Spokane County shall cease accepting all applications for licenses, permits and/or other approvals for land uses described in Section 1. Section 4. Public Hearing. A public hearing on the moratorium established by this resolution may be held before the City Council prior to the expiration of this moratorium. Notice shall be posted and published in the City's official newspaper at least 10 days prior to hearing date. Section 5. Severability. If any section, sentence, clause or phrase of this resolution Page. I P:1Rcsolutions\Rcsolutiot03-adult enter moratorium.doc shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or phrase of this ordinance. Adopted this day of February, 2003. City of Spokane Valley is Mayor ichael DeVle 'ng ATTEST: L /ti ' i Interim City Clerk, Ruth lV uller Approved as to Form: Inte ,Atto tir, . Hanley . Schwartz Page 2 P:1Resolutions\Rcsolution03-adult enter mnratoriurn.doc.