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Ordinance 2106-95
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Ordinance 2106-95
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Ordinances
Ordinance Number
2106-95
Date
11/8/1995
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• <br /> 9. Prior to the lapse of the sixty (60) day period, applicants for such facilities could <br /> establish vested rights to locate in the City that are inconsistent with the proposed <br /> Zoning Code amendment. <br /> 10. The City Council did hold a public hearing to take public testimony concerning the <br /> adoption of this moratorium; and <br /> WHEREAS, the City Council does conclude: <br /> 1. The moratorium: <br /> A) Is consistent with the Everett Comprehensive Plan; <br /> B) Bears a substantial relationship to the public health, safety and welfare; and <br /> C) Promotes the best long-term interests of the Everett community. <br /> 2. The City does have the authority to establish a moratorium concerning the siting of <br /> jails, correctional facilities and certain Class II group-care homes. <br /> 3. The City must adopt a moratorium concerning the siting of jails, correctional <br /> facilities and certain Class II group-care homes to act as a stop-gap measure <br /> during the sixty (60) day notification period dictated by the State and to avoid <br /> applicants establishing vested rights contrary to and inconsistent with the proposed <br /> Zoning Code amendments. <br /> 4. An emergency does exist. <br /> NOW, THEREFORE, the City of Everett does ordain: <br /> Section 1: Ordinance No. 1671-89 (as amended), Title 19 EMC, is hereby amended by <br /> the addition of the following: <br /> A: Definitions. For the purpose of this ordinance and the Everett Zoning Code, <br /> the following definition shall apply: <br /> "Jails and correctional facilities" are defined as public or private facilities <br /> providing for the confinement of juvenile offenders, for the incarceration, <br /> confinement or detention of individuals arrested for or convicted of a <br /> crime, or for the punishment, correction and/or rehabilitation of individuals <br /> convicted of crimes whose freedom is restricted. The term "jails and <br /> correctional facilities" includes those group-care homes, Class II, (as <br /> defined in EMC 19.04.020 including subclassifications II-A, II-B and II-C) <br /> which are exempt from the provisions of the Federal Fair Housing Act <br /> Amendments of 1988. <br /> B: Moratorium Imposed. The City Council hereby imposes a moratorium on <br /> the acceptance of applications for or issuance of any City license, permit or <br /> 2 <br />
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