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This section applies to development activities and uses within the port compatibility area (“PCA”), as set forth in Map 17-2.

A. Uses and Development Approvals Within the Port Compatibility Area (PCA). All properties located within the PCA shall be permitted to have the same uses as permitted in the underlying zoning district subject to the requirements of the underlying use zone and the requirements of this section.

1. The city shall provide notice of permit applications to the managers of the port for new developmental activities with more than ten thousand square feet of gross floor area within the PCA, and shall allow the manager(s) to submit comments to the department regarding the proposal, including those related to potential adverse impacts on port operations, in addition to any notice requirements for the proposed use or underlying use zone for Review Process II, III, or V application. A preapplication meeting under EMC Title 15 may be required unless waived by the city.

2. The city shall consider comments provided by the Port of Everett, and where necessary, apply such conditions of approval to mitigate potential impacts to port operations or to identify measures the applicant may employ to mitigate potential or perceived impacts to their proposed project related to existing or future port operations.

B. Notice and Disclosure Within Port Compatibility Area. This subsection establishes notification and disclosure requirements for any development activities or uses within a port compatibility area (PCA) subject to the requirements of this section.

1. The city shall provide written notice to applicants that their project is within the PCA. That notice shall include the following language:

Your real property is located within the Port Compatibility Area (PCA). Occupants of properties within the PCA may be subject to inconveniences or discomforts arising from maritime activities, including but not limited to noise, odors, glare, fumes, dust, construction activity, smoke, traffic, hours of operation, low overhead flights and other maritime activities. Everett Municipal Code (EMC) 19.17. requires that you receive this disclosure notice in connection with permits you are or may be seeking. Provisions of EMC 20.08 provide that noise exemptions apply to “created by watercraft ... in operation”, and “operation of equipment or facilities of surface carriers engaged in commerce by railroad”. The City of Everett has adopted PCA regulations in Chapter 19.17 EMC which may affect you and your land.

2. Applicants for development within the PCA are encouraged to work cooperatively with the Port of Everett in the design of proposed buildings or land development proposals in order to address design elements that will promote compatibility with port operations and to mutually benefit both parties. (Ord. 3774-20 § 7 (Exh. 5), 2020.)