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Ordinance 3260-12
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Ordinance 3260-12
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Ordinances
Ordinance Number
3260-12
Date
2/15/2012
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6. RCW 36.70A.390 allows a local government to establish a moratorium to conduct <br /> planning studies to determine appropriate land use policies and regulations for areas <br /> under its jurisdiction. <br /> 7. The City seeks to establish a moratorium for six months to preclude the establishment of <br /> vested rights that could be incompatible with the plans, policies, and regulations that the <br /> City may adopt as a result of the planning process. <br /> 8. RCW 36.70A.390 and the City of Everett Charter, Article III, authorize the Council to <br /> enact a moratorium to preserve the integrity of the planning process. <br /> WHEREAS, the City Council concludes as follows: <br /> 1. The City has the authority to adopt a moratorium. <br /> 2. A moratorium with respect to the Central Waterfront Planning Area will allow the City to <br /> complete the planning process. The moratorium will prevent the establishment of vested <br /> rights that could be incompatible with the plans, policies, and regulations that the City <br /> may adopt as a result of that planning process. <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: FINDINGS OF FACT. The "WHEREAS' provisions above shall constitute <br /> Findings of Fact and are incorporated by reference as if fully set forth herein. <br /> Section 2: MORATORIUM ESTABLISHED. There is hereby declared a moratorium with <br /> respect to the Central Waterfront Planning Area. During the six-month term of the moratorium, <br /> which begins on the effective date of this Ordinance, the following shall apply to the Central <br /> Waterfront Planning Area: <br /> A. No application for a permit or approval will be accepted, processed or approved by the City. <br /> This includes without limitation all applications for permits or approvals that may be <br /> required by law before real property may be improved, developed, modified, sold, transferred <br /> or used, including any application for permit or approval required under EMC Title 15 or <br /> other City development regulations for any City land use permit, project permit or other <br /> permit. No new development rights shall vest during the term of the moratorium. The term <br /> of the moratorium may be extended in accordance with RCW 36.70.A.390. <br /> B. Notwithstanding subsection A above, the following permits may be issued during the term of <br /> the moratorium, in accordance with the City's applicable permit procedures, unless the <br /> Planning Director determines that such issuance is likely to cause the establishment of vested <br /> rights that could be incompatible with the plans, policies, and regulations that the City may <br /> adopt as a result of the planning process: <br /> Page 2 <br />
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