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HomeMy WebLinkAboutOrdinance 03-076 Extends Adult Entertainment Moratorium CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 03-076 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, EXTENDING THE MORATORIUM ON THE FILING AND ACCEPTANCE OF APPLICA`1'1ONS FOR DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCIATED WITH ADULT ENTERTAINMENT AND ADULT RETAIL ESTABLISHMENTS. WHEREAS, the City of Spokane Valley incorporated on March 3 I, 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 establishments; WHEREAS, the adult entertainment land use 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, a six month moratorium was adopted on March 27, 2003 through Ordinance No. 61 with the recognition that a moratorium may be effective for up to one(I)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 the extension of a moratorium on applications or permits for development approval of adult entertainment establishments and adult retail use 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 and Adult Retail Use Moratorium. The City of Spokane Valley extends the moratorium upon the filing of any and all applications for licenses, permits and ► approvals for adult entertainment or adult retail use 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 related to the same until this moratorium either expires or is removed by action of the City Council. A City Work Plan in support of the moratorium is attached hereto,and incorporated by reference. Ordinance 03-076 Extending Moratorium Page 1 oft 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 shall 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 or adult retail use establishments as those terms are 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 and adult retail use facilities. Section 4. Term of Moratorium. This moratorium shall be effective beginning September 2, 2003 and shall continue in full force and effect for six (6) months thereafter. Section 5. Extension of Amortization Period. On September 7, 1999, Spokane County adopted new zoning regulations pertaining to adult retail use establishments. Resolution 99-0762, adopted a five year amortization period for adult retail use establishments. Any adult retail use establishment not meeting the new zoning code buffering requirements would be required to relocate its place of business to an area that meets Zoning Code standards. To maintain the status quo, to allow the City adequate opportunity to review and potentially revise its interim adult entertainment land use regulations, and to provide adequate time for public comment, the five-year amortization schedule adopted by Spokane County on September 7, 1999, is extended by one year. The original amortization period was to expire September 7, 2004. The amortization schedule; as adopted by Spokane Valley, shall expire September 7, 2005. 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. 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. The moratorium shall expire March 2, 2004. The amortization schedule shall expire September 7, 2005. PASSED by the City Council this 26th day of August, 2003. Mayor, Michael DeVleming A.I. m, 1544% - ity Clerk, Christine Bainbridge Approved as to Form: Del uty ty Attorney, ary P. Driskell Date of Publication: v 8 - 2-03 Effective Date: August 26,2003 Onlinanee 03-076 Extending Moratorium Page 2 of 2 Adult Business Work Program Issue The City Council adopted a 6-month moratorium restricting the siting of new adult oriented businesses on March 27, 2003 (City Ordinance No. 61). The Council believed that the citizen's interest would be served by enacting reasonable controls and development standards relating to adult entertainment. Legal and constitutional issues relating to adult oriented businesses are extensive and must be thoroughly studied before new regulations are proposed. For this reason, an additional 6-month time period will be enacted to allow sufficient time to review and revise the interim adult business regulations. The new moratorium will expire March 27, 2004. Spokane Valley Ordinance No. 61 allows an additional 6-month time period if a work program is developed and adopted by the City. The following work program will guide the regulatory process. Zoning Code 1. Review existing Zoning Code regulations/research other jurisdiction's regulations. 2. Develop working draft Zoning Code amendment, including 2-3 alternatives. 3. Update Planning Commission on adult oriented business issues (August 14, 2003). 4. Planning Commission public hearing on proposed Zoning Code revisions (September 25, 2003). 5. Planning Commission forwards a recommendation to City Council (October 9, 2003). 6. City Council may hold optional public hearing to consider Planning Commission's recommendation (October 21, 2003). 7. City Council adopts new regulations (November 4, 2003). August 5, 2003 1 Adult Business Licensing (Chapter 7.80) 1. City attorney to review licensing regulations to determine if changes should be proposed (Chapter 7.80, Spokane County Code, adopted as interim regulation). 2. City Council briefing session on proposed changes to Chapter 7.80. 3. City Council to conduct a public hearing to consider changes to Chapter 7.80 and Zoning Code revisions. Adult Oriented Business Work Program 2003 Task Aug Sept Oct Nov 1. Review and research 2. Develop Working Zoning Code Draft 3. Planning Commission Briefing 4. SEPA � t _ Planning Commission Public 5. Hearing (Zoning) _ Planning Recommendation (Zoning) 6. Commission �rt I City Council Optional Public i I 7' Hearing (Zoning and Licensing) __ City Council adopts new Adult 8. Business Regulations i August 5, 2003 2