1701 41ST ST 2018-01-02 MF Import

TO FROM DATE SUBJECT Lloyd Henni G P?iO. H. Shock4�Z1 j July 13, 1977 Definition of "COMMERCIAL" CITY OF EVEREI.. EVERETT. WASHINGTON Following our dispassion on July 12, I reviewed Ordinance 4-19-76 (Sect.14.16.600 EMC). The question is whether the term "commercial" in that Ordinance excludes "business" uses as mentioned in the Zoning Code. As I understand the situation, Dr. Brust is arguing that it does and that a business located in a "B" (Business) zone does not come under the requirements of the Ordinance. First of all, I did not write Ordinance 4.19.76 so the author should be consulted for intent. Secondly, I am not an attorney and perhaps an attorney could tell you something about the language that I am not aware of. That being said, and as a person who is quite knowledgeable of the Zoning Code, i would answer very emphatically that the term "commercial" in the hydrant ordinance does include B-i, B-2 and B-3 Zones in the Zoning Ordinance. The phrase in paragraph H reads "...within a commercial, manufacturing or industrial use zone established by the City zoning code..." The question is, was the term "commercial" used to describe, generally, commercial activity or, specifically, uses in C-1 or C-2 commercial zones. 1. If it was meant to be used specifically would it not have read "within the (instead of "a") Commercial (capitalized)", or" within C-1 or C-2 Commercial Zones".? 2. If it was intended to be used specifically would the term "industrial" have been used, when in fact there is no "industrial" zone listed in the Zoning Code? 3. There is a definition for "business or commerce" which would make the two synonomous. 4. "Commercial" is used in the Zoning Code only as a label, a title for a section. All Business and Commercial Zone classifications (B-1, B-2, B-3, C-1, C-2) fall under the definition of commercial. The argument is, in my opinion, totally without merit.