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Ordinance 03-059 Adopts County Shoreline Program & Regulations CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 59 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING THE SPOKANE COUNTY SHORELINE PROGRAM AND RELATED REGULATIONS AS THE INTERIM SHORELINE MANAGEMENT PROGRAM OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31,2003; and WHEREAS, the City, in order to regulate shorelines of statewide significance within the City of Spokane Valley is required to adopt a Shoreline Program under the State Shoreline Management Act, RCW Chapter 90.58; WHEREAS, Spokane County has adopted a Shoreline Program that has been approved by the Department of Ecology as set forth in WAC 173-22-0664 with subsequent revisions and amendments by the County; WHEREAS, until the City of Spokane Valley studies and reviews its City Shoreline Program, the City will continue to enforce Spokane County's approved Shoreline Program; and WHEREAS, this ordinance is necessary to establish and adopt a Shoreline Program with related regulations for the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Shoreline Master Program and Regulations. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County Shoreline Program which is attached hereto as Exhibit "A" and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Shoreline Program and Shoreline Regulations of the City of Spokane Valley. Unless the context requires otherwise, references to Spokane County shall refer to the City of Spokane Valley. References to "Director" or other County official shall mean the City Manager or designee. Section 2. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Shoreline Program is necessary or convenient to establish the validity, enforceability or interpretation of the Shoreline Program, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. To the extent that the attached Shoreline Master Program refers to planning commissions, board of appeals, hearing examiner, or any' other similar body, the City Council shall serve in all such roles, but retains the right to establish Page 1 1':10rdi maims lOrdinance No.59,Shorlinc Mgmt.doc any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Shoreline Program - Copies on File. The City Clerk is to maintain one copy on file of the Shoreline Program with amendments adopted by this ordinance. Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance 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. Section 7. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this 07-5-*day of March, 2003. • a Mayor, Michael Dc Lem' ig ATTEST: / / ' / , Interim City Clerk, Ruth Muller Approved as to Form: • f I 'eri City •rn,y, Stanle' M. Schwartz Date, of Publication: 41 .'v.% Z 7 2003 Effective Date: `7y)14 4. 3 Page 2 P:�OrdinanceslOrdinance No.59,Shorline Mgmldoc