HomeMy WebLinkAbout3168 Related to Land Use Regulations; Imposing a Temporary Moratorium on the Receipt and Processing of Permits Related to Tourist Homes Ordinance 3168
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Ordinance 3168
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED
TO LAND USE REGULATIONS; IMPOSING A TEMPORARY MORATORIUM ON
THE RECEIPT AND PROCESSING OF PERMITS RELATED TO TOURIST HOMES
FOR A PERIOD OF 180 DAYS,AUTHORIZING SETTING A DATE FOR A PUBLIC
HEARING, AND DECLARING AN EMERGENCY
WHEREAS, RCW 35A.63.220 gives the City of Port Townsend the authority to adopt a
moratorium; and
WHEREAS, on October 19, 2015 Council approved Resolution 15-035 requesting the
City Manager to prepare code changes related to short term rentals that would consolidate
existing City regulations related to rentals of fewer than 30 days; and
WHEREAS, on May 2, 2016, Council referred the proposed changes to the Planning
Commission; and
WHEREAS, after several meetings between May and September 2016, the Planning
Commission forwarded their recommendations to the City Council; and
WHEREAS, in the time since the Council referred this to the Planning Commission,
thirteen permits have been approved for tourist homes; and
WHEREAS, because Council is considering changes to the Planning Commission's
recommendations, there is a concern that continuing to process applications for tourist homes
will increase the number for operations that will become non-conforming to the new regulations;
NOW, THEREFORE,the City Council of the City of Port Townsend do ordain as
follows:
Section l. Findings of Fact and Conclusions. Based on the number of applications for
tourist homes approved in 2015 and 2016, as well as on the anticipated clarifications and changes
to the City's short-term rental regulations, Council finds that there is a significant potential to
create confusion and inconsistent regulation if additional tourist homes are permitted while
Council finishes adopting new regulations. Council therefore concludes that in order to protect
the public health, safety and general welfare of the City, Council should impose a moratorium on
accepting or processing applications for tourist homes until new regulations related to tourist
homes are adopted.
Section 2 McargjgL�jgni finposed. The City hereby imposes a moratorium on the
processing and receipt of building permit applications, land use applications and any other permit
application for the development;or improvement of vacant property, or for the conversion of an
existing structure related to tourist homes.
Section 3. "bested applications. All vested applications shall continue to be processed
according to the Port Townsend Municipal Code and land use regulations in effect on the date of
vesting. An application will be legally vested for purposes of this ordinance when it is deemed
Ordinance 3168
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complete by the Planning Director. The Planning Director or designee has the authority to make
written determinations as to whether a pending application is vested.
Section 4µ Public Hearing. As provided for in RCW 35A.63.220, a public hearing will be
held to review the findings and conclusions adopted in this Ordinance. The City Manager is
authorized and directed to schedule a public hearing to be held no later than May 19, 2017.
Section 5. Duration. The moratorium imposed by this Ordinance shall be in effect until
September 16, 2017 unless extended by the City Council as allowed by state law or until Council
adopts permanent regulations related to tourist homes.
Section 6. Severability. If any provision of this Ordinance or its application to any
person or circumstance is held invalid, the remainder of the Ordinance, or the application of the
provision to other persons or circumstances, is not affected.
Section 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 4. Declaration of EMgI 1c Effective Date. For the reasons set out above,
and to promote the objectives stated herein, the City Council finds that a public emergency
exists, making it necessary that this Ordinance take effect immediately on its passage by a
majority plus one of the whole membership of the City Council. This Ordinance shall take effect
and be in force immediately on passage by the City Council.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this 20th day of March 2017.
Deborah S, 7Cuison
Mayor
Attest: Approved as to form:
oanna Sanders, CMC
Stevent.. C moss
City Clerk ®rp VA -S' c City Attorney
Pvr4 CefY CLCCK