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
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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
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