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HomeMy WebLinkAbout2412 Providing for Superiority of Shoreline Use Regulations Over Zoning Use RegulationsORDINANCE AN ORDINANCE pertaining to zoning, mending Section 17.14.020 of the Port Townsend Municipal Code to provide for superiority of shoreline use regulations over zoning use regulations, and establishing an effective date therefor. WIKE~AS, boat building, repair and related marine trades axe important, traditional elements of the Port Townsend economy; and WI-IEREA..S_, expansion and preservation of these uses on or near the Port Townsend waterfront is an important goal of the Port Townsend Urban Waterfront Plan; and WHEREAS, it is desirable to encourage mixed-use developments in shoreline axeas which- provide compatible uses and which assist in assuring future economic viability of water-dependent and water-related uses on the waterfront; and WHEREAS, it is desirable to revise zoning regulations to remove conflicting zoning and shoreline provisions which may cause unnecessary obstacles to desirable developments; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AS FOLLOWS: Section 1. Section 17.14.020 of the Port Townsend Municipal Code is hereby amended to read as follows: 17.14.020 Application of regulations. Property located within an overlay district as described in this code and the Port Townsend Shoreline Management Master Program and shown on the official overlay maps of the city is subject both to its zone classification regulations and to the additional requirements imposed for the overlay district. In any case where the provisions of an overlay district conflict with the provisions of the underlying zone, the overlay district provisions shall apply. Within the C-III, C-H or P-I zoning districts, in any case where the use provisions of the Port Townsend Shoreline Management Master Program conflict with the use provisions of the underlying zone, the use provisions of the Port Townsend Shoreline Management Master Program shall g0vem over the use provisions of this title even if a use is permitted pursuant to the Port Townsend Shoreline Management Master Program which would not otherwise be permitted under this rifle. Page 1 of 2 Pages (Port Townsend, 3/94) Section 2. Section 3. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Effective Date. This ordinance shall become effective five days after its passage and publication as provided by law. R~d for the first, second and third time times and passed by the City Council of the Washington, at a regular meeting thereof, held this Iq. a~ 1994. M. Clise, Mayor David A. Grove, City Clerk Approved as to form: Dennis McLerran, City Attorney First reading: Second reading: Third reading: Passage: Publication: Effective: FIRST DRAFT Page 2 of 2 Pages (Port Townsend, 3/94)