HomeMy WebLinkAbout2325 Amending Ordinance 2321 - Extending Interim Controls for Certain Shoreline Areas of the City of Port TownsendORDINANCE NO.
23~5~
AN ORDINANCE pertaining to zoning, amending
Ordinance 2321 to extend the interim controls
for certain shoreline areas of the City of
Port Townsend for an additional period,
establishing an effective date and declaring
an emergency.
The City Council of the City of Port Townsend finds as follows:
e
The City Council passed on October 28, 1992, Ordinance 2320
which amends the Jefferson-Port Townsend Shoreline Management
Master Program with respect to uses permitted on the urban
shoreline of the city.
Many citizens and property owners participated in the hearings
before the Jefferson-Port Townsend Shoreline Advisory
Commission, the Port Townsend City Council, and the Jefferson
County Board of Commissioners which were conducted in
consideration of these amendments.
The amendments included in Ordinance 2320 were adopted in the
public interest for the betterment of the community and the
shorelines of the State of Washington as set forth as findings
in that ordinance.
Pursuant to the Washington State Shoreline Management Act (RCW
90.58) the amendments enacted in Ordinance 2320 must first be
approved bythe Washington State Department of Ecology before
becoming effective. This process of state review is
anticipated to extend into February or March, 1993.
During the period of Department of Ecology review, it is
possible that one or more property owners may, in light of the
amendments and the extended period for state review, be
induced to hastily prepare and submit development applications
for required city permits prior to the time when the new
Shoreline Master Program amendments become effective. To the
extent such development proposals do not comply with the new
amendments, the public interests for which the amendments were
enacted would be irreversibly diminished and the public
process in which the amendments were considered would be
undermined.
It is therefore necessary and reasonable to enact temporary,
interim controls in order to preserve the public interest.
On November 16, 1992, the City Council passed Ordinance 2321,
enacting interim controls for the purposes outlined herein
above, effective until December 31, 1992.
On December 7, 1992, the city Council conducted a public
hearing on the interim controls of Ordinance 2321 and whether
or not such controls should be extended for the balance of the
period of state review of Ordinance 2320.
Although the City Council has issued a determination of
nonsignificance prior to the passage of Ordinance 2320, the
rules of the Washington State Environmental Policy Act provide
in WAC 197-11-880 for emergency exemption in instances such as
the present circumstances confronting the City.
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DOES HEREBY ORDAIN AS
FOLLOWS:
Section. 1.
follows:
Section 6 of Ordinance 2321 is hereby amended as
SeCtion .6. This ordinance shall apply notwithstanding any
other provision of any other ordinance or provision of the
Port Townsend Municipal Code, until Beeembe~-~?-l~3~May 31~
1993, or until Ordinance 2320 becomes effective, whichever
occurs first.
Section 2. 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.
SeQ. tion 3. Effective Date. This ordinance shall become
effective five days after its passage and publication as provided
by law.
Ordinance 2325
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(Port Townsend, 12/92)
the
re(
Read for the first, second and third time times and passed by
CouncJ of the City of Port Townsend, Washington, at a
thereof, held this seventh, day of
1992.
By
ATTEi :
.n M. Clise, Mayor
David A. Grove, City Clerk
Approved as to for~
Dennis McLerran, City Attorney
First reading:
Second reading:
Third reading:
Passage:
Publication:
Effective:
ordinance 2325
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(Port Townsend, 12/92)