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Ordinance 3231-11
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Ordinance 3231-11
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11/8/2016 9:39:22 AM
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Ordinances
Ordinance Number
3231-11
Date
7/20/2011
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of their health and safety impacts, location, set-backs from sensitive uses, and other land use <br /> impacts; and <br /> 7. An unrestricted proliferation of collective gardens within the City presents <br /> potential health and safety concerns and prevents effective regulation following adequate study; <br /> and <br /> 8. The City wishes to establish necessary and appropriate regulations on an interim <br /> basis while considering whether additional land use or health and safety regulations are <br /> necessary and appropriate; and <br /> 9. Upon initial consideration,the most appropriate location for collective gardens <br /> appears to be in the City's agricultural zone, subject to further study and consideration; and <br /> 10. An emergency ordinance is necessary for immediate preservation of the public <br /> peace,health, safety,and welfare and to prevent the vesting of rights incompatible with the later <br /> adoption of a regulatory scheme addressing collective gardens; and <br /> 11. RCW 35.63.200 and RCW 36.70A.390 authorize the City to adopt an interim <br /> zoning ordinance; and <br /> 12. The adoption of this Ordinance is exempt from the threshold determination and <br /> environmental impact statement requirements of the State Environmental Policy Act,RCW <br /> 43.21C,pursuant to WAC 197-11-880 and EMC 20.04.030; and <br /> 13. The City held a public hearing on the date of adoption of this Ordinance; and <br /> 14. Nothing in this Ordinance is intended to authorize any use or activity that violates <br /> federal law, which classifies marijuana as a Schedule I controlled substance; and <br /> Whereas,the City Council concludes that: <br /> 1. The City does have the authority to establish interim regulations; and <br /> 2. The City must adopt interim regulations concerning the establishing and <br /> processing of applications for collective gardens to act as a stop-gap measure: (a)to provide the <br /> City an opportunity to study the issues concerning the siting and regulation of such collective <br /> garden uses and prepare appropriate revisions to the City's regulations; and (b)to avoid <br /> applicants possibly establishing vested rights contrary to and inconsistent with any revision the <br /> City may make to its regulatory scheme as a result of the City's study of this matter; and <br /> Page 2 of 5 <br />
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