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Ordinance 2178-96
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Ordinance 2178-96
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3/16/2017 11:31:59 AM
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Ordinances
Ordinance Number
2178-96
Date
10/16/1996
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EL/ ETT <br /> ORDINANCE No . 2178-96 <br /> AN ORDINANCE extending the interim zoning regulations <br /> related to adult use businesses, amending <br /> Ordinance No. 2144-96 <br /> Whereas, the City Council does find: <br /> 1 . Following a public hearing, the City declared an emergency and <br /> adopted interim zoning regulations for adult use businesses, <br /> Ordinance No. 2144-96 , on May 8, 1996 , in response to Judge <br /> Farris' decision in Wallock v. Everett; and <br /> 2 . The interim regulations are effective for six (6) months which <br /> period expires unless extended, made permanent or otherwise <br /> revised; and <br /> 3 . The regulations were adopted as interim to act as a stop-gap <br /> measure while the State reviewed the regulations, to allow <br /> immediate implementation of the regulations and to avoid possible <br /> adverse consequences from adult use businesses claiming vested <br /> rights inconsistent with the City' s regulatory scheme for adult <br /> use businesses; and <br /> 4 . Following the adoption of the interim regulations, they were <br /> challenged in federal court and before the Growth Hearings Board. <br /> A decision in the Board matter is expected following the <br /> expiration of the existing interim regulations; and <br /> 5 . The City Council held a public hearing at the time of the <br /> adoption of the interim zoning regulations and adopted findings <br /> and conclusions set forth in Resolution No. 4264 ; and <br /> 6 . The challenges to the interim regulations have diverted staff <br /> resources from finalizing these regulations; and <br /> 7 . An extension of the interim regulations will allow the City to <br /> thoroughly review new technical issues regarding the ordinance' s <br /> affect that have been raised before the Growth Hearings Board; <br /> and <br /> 8 . An extension of the interim regulations would provide <br /> additional time to provide for public participation before the <br /> regulations are adopted as final measures; and <br /> 9 . An extension of the interim regulations will allow the City to <br /> implement a work plan that will result in a study that includes <br /> staff' s review of challenges to the interim regulations for adult <br /> use businesses, staff' s monitoring of the litigation of the <br /> City' s adult use regulatory scheme, staff' s evaluation of the <br />
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