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A. Permitted Use—Proportionality to Everett’s Population.

1. In order for jails and correctional facilities to be classified as a permitted use, the applicant must demonstrate the existence of proportionality of their distribution throughout the county and its cities. The applicant must make application to the city demonstrating that in relation to Everett, Snohomish County and cities within Snohomish County have accepted their proportional share of jails and correctional facilities. This shall be determined using the following formula:

A =

“Everett’s current population” divided by “Snohomish County’s current population”

B =

“Current number of jails and correctional facilities’ beds in Everett” divided by “Current number of jails and correctional facilities’ beds in Snohomish County”

2. Jails and correctional facilities shall be a permitted use subject to the location criteria set forth herein unless A is less than B, in which case they are not a permitted use.

3. The population figures used shall be the current population figures issued by the state of Washington Office of Financial Management. The city shall supply the figures for the current number of beds for jails and correctional facilities both within the city and countywide. If the applicant disagrees with the figures supplied by the city to make the calculation, the applicant can supply his/her own figures along with supporting documentation. This will be considered by the planning department in rendering its written decision.

4. If it is determined that Snohomish County and cities within Snohomish County have accepted their proportional share of jails and correctional facilities in relation to Everett, then the proposed use will be considered a permitted use within those locations defined in subsection (B) of this section and subject to the appropriate review process. Within twenty-one days of receipt of a completed application, the planning department, using the review process described in Chapter 15.02 EMC, Land Use and Project Review Procedures, shall render a written decision on whether the applicant has demonstrated that in relation to Everett the county and other cities within the county have accepted their proportional share of jails and correctional facilities.

B. Locational Criteria. Subject to the provisions of this chapter, jails and correctional facilities shall be a permitted use in the MU zone within the four-block area bounded by Wall on the north, Pacific on the south, Colby on the west and Lombard on the east subject to the review process described in Chapter 15.02 EMC, Land Use and Project Review Procedures. Jails and correctional facilities are not permitted uses in any other portion of the MU zone, nor in any other zone.

C. Expansions. Notwithstanding any provisions to the contrary, the proportionality requirement set forth in subsection (A) of this section does not apply to the expansion of existing governmental facilities within the four-block area described in subsection (B) of this section for the purpose of adding jails and correctional facilities. (Ord. 3774-20 § 5(J) (Exh. 3), 2020.)