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Ordinance 03-061 Establishes Adult Entertainment Moratorium CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 61 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING AND ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCIATED WITH ADULT ENTERTAINMENT AND ADULT ESTABLISIHMENT S. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City Council believes it is in the best interest of the citizens to adopt, consider and enact reasonable controls and development standards and criteria that relate to adult entertainment; WHEREAS, the adult entertainment regulations adopted within Spokane County are extensive and must be properly studied and evaluated in order to determine their extent, scope and appropriateness within the City of Spokane Valley; WHEREAS, moratoriums and interim zoning ordinances enacted under RCW Chapter 35A.63.220 are methods by which local governments may preserve the status quo so that plans and regulations will not be rendered moot by intervening developments; WHEREAS, upon consideration and adoption of this moratorium, the City Council shall either prior to adoption hold a public hearing or within sixty (60) days of adoption hold a public hearing on the proposed moratorium; WHEREAS, the moratorium shall not be effective for longer than six (6) months but may be effective for up to one (1) year if a work plan is developed by the City; and WHEREAS, the City Council finds protection of the public health, safety and welfare supports establishment of a moratorium on applications or permits for development approval of adult entertainment of establishments within the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Adult Entertainment Moratorium. The City of Spokane Valley imposes a moratorium upon the filing of any and all applications for licenses, permits and approvals for adult entertainment or establishments, as that term is defined in Chapter 7.80 of the Spokane County Code (Resolution 99 0762, dated September 7, 1999) and the City Zoning Code. Without limitation, this moratorium is intended to prohibit the filing or approval of applications or permits for adult entertainment establishments, adult retail use establishments and similar uses within the City of Spokane Valley. The City shall not accept any such filings or applications Page 1 P:\OrdinanceslOrdinance No.morotoriurn,adult enter_.doc related to the same until this moratorium either expires or is removed by action of the City Council. Section 2. Findings. The City adopts the above findings of fact as support for this moratorium and further adopts as support for this moratorium and study all findings of fact and materials adopted by Spokane County pursuant to Resolution 99 0762 as amended. Section 3. City Administration. City staff shall not accept any applications or issue any permits for adult entertainment as that term is defined or referenced in this ordinance. City staff shall develop a work plan and report to the City Council proposed regulatory matters regarding the use and development.of adult entertainment facilities. Section 4. Term of Moratorium. This moratorium shall be effective immediately upon passage of this ordinance and shall continue in full force and effect for six (6) months from the date of this ordinance. Section 5. 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 6. Effective Date. The Council declares that a public urgency and emergency exists such that this ordinance must be immediately effective in order to preserve and protect the public health, public safety, public property and public peace provided this ordinance is adopted by a majority vote plus one of the whole membership of the City Council. PASSED by the City Council this e-9 day of March, 2003. Mayor, Michael De lem4g ATTEST: 4ow Ili _ �' . Interim City Clerk, Ruth Muller Approved as to Form: ter' City orn y, Stanley) M. Schwartz of Publican°is Effective Date: /27Q4 .3/f o)D 43 Page 2 P:1Ordinnnccs\Ordinancc No.moratorium,adult cntcr..doc