Ordinance 2909-06 - Laserfiche WebLink

WHEREAS, the City Council finds that the proposed amendments are supported by several goals and policies of the GMA, including reducing sprawl, encouraging growth in urban areas, encouraging economic development, protecting property rights, protecting the environment, open space and recreation areas, and encouraging and coordinating public participation in the planning process; and WHEREAS, the City Council finds that the proposed amendments to development regulations are consistent with the criteria for amending the Zoning Code text as follows: 1. The proposed amendments are consistent with the applicable provisions of the Everett Comprehensive Plan. 2. The proposed amendments bear a substantial relation to public health, safety or welfare; and 3. The proposed amendments promote the best long term interests of the Everett community. NOW, THEREFORE THE CITY OF EVERETT DOES ORDAIN: Section 1: User guide. Many areas of Everett have been or may become designated, identified, inventoried, classified or rated as critical areas by the city or other public agencies. This chapter establishes regulations for development within or near all critical areas. If you are interested in developing property identified -as containing or adjacent to steep slopes, lakes, streams, wetlands, springs, erosion hazard areas, landslide hazard areas, seismic hazard areas, or other unstable soil conditions, you should read this chapter. This chapter contains more stringent requirements than other provisions within this title for affected properties. These regulations supersede any less restrictive requirements contained elsewhere in this title. No action may be undertaken by any person which results in any alteration of a critical area or its buffer unless such alteration is in compliance with the requirements of this chapter. Alteration includes the terms "use" and "development" as defined in this title, and includes any modification of the natural environment of critical areas or their buffer including any clearing, grading, filling and/or excavation. Certain exceptions to the requirements of this chapter are listed in Section 5 (37.050). Maps of known critical areas are maintained by the City. However, the presence, location and boundaries of all critical areas are not known. A site-specific analysis may be required to determine the presence, location and classification of critical areas. (This section shall be codified as EMC 19.37.010.) Section 2: Purpose. Erosion, flood, landslide, and seismic hazard areas, streams, wetlands, protective buffers, and wildlife habitat areas constitute critical areas that are of special concern to the city. The purpose of this chapter is to designate, classify and protect the critical areas of the Everett community by establishing standards for development and use of properties which contain or adjoin critical areas and thus protect the public health, safety, and welfare by: