HomeMy WebLinkAbout80-11 - Ord. Extending Moratorium on Collective GardensORDINANCE NUMBER 930•tik
AN 0208 Nt1 F E EX
'ENDING THE MORATORIUM ON CO
GARDENS ESTABLISHED UNN J R ORDINANCE #63-1and
45941
WHEREAS, on July 19 the Board of County Commissioners imposed a moratorium on
collective gardens as defined in E2SSB 5073 for a period of ninety days; and
WHEREAS, on September 6 and 22, 2011 the Board of County Commissioners adopted
Findings in support of the Moratorium to continue for a ninety day period terminating on
November 16, 2011; and
WHEREAS, the intent of the Moratorium is to allow Mason County to address collective
gardens in the County's Development Regulations as provided under Section 1102 of E2SSB
5073; and
WHEREAS, Development Regulations have not yet been adopted by the County and an
extension of the Moratorium for an additional six (6) months is needed to complete this
process; and
WHEREAS, unless a zoning moratorium is imposed, collective gardens may be located
within Mason County while the County lacks the necessary tools to ensure the location is
appropriate and that the potential secondary impacts of collective gardens are minimized and
mitigated; and
WHEREAS, the Board of County Commissioners deems it to be in the public interest to
establish a zoning moratorium pending consideration of land use regulations to address
collective gardens; and
WHEREAS➢the County seeks to extend the moratorium on "collective gardens" as
defined in E2SSB 5073, §403 with a public hearing pursuant to RCW 36.70A.390, and
WHEREAS, a public hearing was held on November 15, 2011 to allow for public
testimony on said moratorium extension, and
NOW, THEREFORE, the Mason County Board of Commissioners do ordain as follows:
Section 1. The recitals set forth above are hereby adopted as the Board of County
Commissioners' preliminary findings in support of extending the moratorium imposed by
Ordinance #59-11 and #63-11. The Commissioners may, in their discretion, adopt additional
findings at the conclusion of the public hearing referenced in Section 3 below.
Section 2. Pursuant to the provisions of RCW 36.70A.390, a extension of the zoning
moratorium is hereby approved in Mason County prohibiting the establishment, maintenance
or continuation of any collective garden.
Section 3. As provided in RCW 36.70A.390, the Board of County Commissioners set a
public hearing for November 15, 2011 to take public testimony and to consider adopting
further findings justifying extending the moratorium set forth in Section 2 above.
Section 4. The moratorium set forth in this Ordinance shall be extended in effect for a
period of six months from the date this Ordinance is passed and shall automatically expire on
that date unless extended as provided in RCW 36.70A.390, or unless terminated sooner by the
Mason County Board of Commissioners.
Section 5. The Mason County Department of Community Development is hereby
authorized and directed to continue drafting regulations regarding collective gardens.
Section 6. 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.
DATED this ` ` day o
ATTEST:
annon Gaudy, erk of r Board
APPROVED AS TO FORIVI:
Tim Whitehead, Chief DPA
2011.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
:Lynda Ring EricksorZ Chair
Tim Sheldon, Commissioner
Steve Bloomfield, Commissioner