10-01-12 Zoning Confirmation Letter for 424 3rd Ave S.pdfIQ , go
Janum; 12,2010
GAFiY HAAKENSON
CITY" OF EDMONDS MAYOR
i511-(PNENILIENORIII - EDMONDS NA? 5020 - PQW MWO , FO,Qj 7NO021
OA0PF,iW wond ci wo ,A
DEVEU)PMENT SERMCES DEPARTMENT
PWnNng - EWHMng - Enghowing
Ms, `ague,), Benion, Antilyst
Centra he NOW Gmup
5221 N. O'Connor Blvd,, Suile 600
hvingil"A 75039,
RL, ZONING CONFIRMAIAON LETTER
F'DAIOND� PA14N APAR"I'MEN"I'S
424.3tai AmENUE, SOUTH, EDNUONDS, NNIA
Dear Ms. Flentom
`Fhis 10ter is in response to your incluky received by the PWanWg Wskin mi Janvory 4, 20l dt regardhig,
We Edmowls, Park Apartitients located at 424 — 3" Av, S in EohnmW& Neage rAr to Attachrnent I Aa,
aming and vidnity nup of Me suNea site. Specillic answers to each of your questi(xns Follow:
The curmni zoning of Wu al"O propvrty is R,M-2.4 ("Midtiple Residenfial") PLU-SUpIll L.)
F."dHionds (.7011,1111unhy Development Code ICDC) Chapter 1630, Please refQr tan tile attached,
cop)or inx 1630 (Attachment 2) Rw inhnnAon on the allowed uusesand appheiaHe
Welopment rugAttions for ([w KNI-2A zorw.
QfA[Ig LJl*qO J.aI �.. 9�! pl;g"!, ni'm qli",I �nd q",ttar92-1 aan gAO
PM121y, OJA
gng U rre n.1.1y gNapts�
The RN 2A zone currcmdy raquires a nnWanum lot amp uF2,400 square f� el per dwOling unit.
Acs)WIng to Snuhmnish County Asws= rea"As. (Attaclurient 3), flie site isapprox4n,'Acty 1-42
acres, which is eqtiavatent to aplmoximately ddb 5,415 squarc fact. '17his lot size wmfld need to be
veriBed vddi as sumey, Ased an the curren.t requireinents for the RM -2.4, zoning dcsignation, a
of area or 105,415 square feet cmfld yicld a maximuNn of"43 unils as long as all zonr ng, critical
area, building, and other applicWc code requirernetros me rad, Shwe the exK1 nwyovd awe o'
thesite is, nor avflhhk h is unknown at We Wthe she is amvQ mom or IsmNythe W,
acres on 111c with alma: SnWwndsh County Assoossor, so be nwxImm pmsiWe number of units
coNd vmy shooly Wri The 41 unk sowed Wove.
H appears that the Sh EMMAS all MQgaI unit, as the origWal bui%g perinh (BLD1967048 1)
mms Rw 52 units, and accodIngto,your letter thav are cuncmdy 53 wAM, Shoe Me atonal
hufl(hng, perinit (BIDI 9677048 1) was Or 52 unks and owwnt wning =W ony puniii a
maxinnan of approxinnartey 43 units, the budIng as conmrunted with the budding pennit
,,,,ipphuition (52 unks) woWd be cotnWered nwiwnhnmKg pursuanum aMe ragmWtJons of EWC
17.40.020. As previously stated, it appears that the 53`d unit is illegal. If you would like the City
to formally investigate this matter, you may submit the attached Request for Code Enforcement
Action form (Attachment 4).
It is unknown if the site is in compliance with all other current zoning site development standards,
such as minimum required setbacks, such as maximum allowed height, and maximum allowed lot
coverage.
What percentaize of destruction must occur before full compliance with current zoning would be
required?
ECDC 17.40.020 defines a nonconforming building as "one which met bulk zoning standards and
the site development standards applicable to its construction, but which no longer conforms to
such standards due to the enactment or amendment of the zoning ordinance of the city of
Edmonds or the application of such ordinance in the case of a structure annexed to the city."
Please refer to the attached copy of ECDC 17.40.020 (Attachment 4) for the regulations
applicable to nonconforming structures.
Pursuant to ECDC 17.40.020.F:
"If a nonconforming building or structure is destroyed or is damaged in an amount equal to
75 percent or more of its replacement cost at the time of destruction, said building shall not
be reconstructed except in full conformance with the provisions of the Edmonds Community
Development Code. Determination of replacement costs and the level of destruction shall be
made by the building official and shall be appealable as a Type II staff decision under the
provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs
may be repaired, and the building returned to its former size, shape and lot location as
existed before the damage occurred, if, but only if, such repair is initiated by the filing of an
application for a building permit which vests as provided in ECDC 19.00.015, et seq., within
one year of the date such damage occurred. This right of restoration shall not apply if:
L The building or structure was damaged or destroyed due to the unlawful act of the
owner or the owner's agent; or
2. The building is damaged or destroyed due to the ongoing neglect or gross negligence
of the owner or the owner's agents. "
• What project characteristic (market value assessed value replacement cost, or unit count) does that
percentage apply to?
As stated above, the percentage referenced in ECDC 17.40.020.17 refers to the replacement cost of
the building.
• Can the property be rebuilt to current density? If not state the number of units that could be rebuilt.
As stated above, it appears that the site contains an illegal unit, as the original building permit
(BLD19670481) was for 52 units. Any illegal construction that was done on the property would
not be permitted to be rebuilt under the nonconforming regulations unless it can be shown that it
would meet code requirements applicable at the time that the building is rebuilt. The
nonconforming regulations of ECDC 17.40.020 are only applicable to the aspects of the property
that were legally constructed. Thus, under the current nonconforming regulations, if the building
is destroyed or damaged less in an amount than 75 percent of its replacement costs, the building
would be able to be rebuilt to 52 units so long as the additional requirements of ECDC
17.40.020.17 are met.
Page 2 of 3
St'riellabarger Creck runs tMvugh the sub�ect property. Tlierefbrc, the site is subject to the critical
areas, requ irerrienk of EOV 23AO and �3,,90. Ifany suidhional Wical areas, such as erosion
hazard area,',. lanAs'dide hazard areas, or wetlands, exist on and/or aqjacent to, the sul�pecl prolmly,
W Me she would An hesOject to those Tapp Hcabteerhical areas code mtkins (ECDC 21.40
timugh 3BOY Ile presence of ShOlahaxpr CA& and any othier applicable critical ,areas COUld
jmj'jpactl`arturuc ElSe Ol'the prq,.je�rrt
y
Alwt althaugh The zone asap` the propertir determ4nes the maxnnurn nunaber of potential LUIAS, it
should be notcd that Acmes the bulk standaWs (he. setbacks, heighL km coveragel parking
requirmnents, critical areas regulations, desired size of un its, etc. can further reduce the nuniber-ol"
units actually provided below Alec mAxiniurn, number of pomdW units detcrinined by Ile zonm
� m there any pending bui Iding, code viabdons and vay the hpi ldfijg hi,eqrnpl iappe,), th the hid Iding
SUIff iS T101 avvarc of any current building code or zoning vioWbons on the subject. pmpeny.,
I hope this adclesses your questiAmB. WyDu have any fbaher questAm, pWase do not hOtme to conma
nw 0 (425) 77 t 0220. extenMon 1224.
shcem",
jerru,nj-c�- Ma(:'jjLjg'1j' J.'4111,11er
lie velopnimit Services Deparunent
01"Y' OF EI)NU)NDS
Cc: Ldfl�jorback, Assistant [Wilding Official
Ava,mTOON:
L Zoning and Vicinity Mal)
2. ECDC Chupter 1630 (RN4 Multiple Residential)
3. SOOW601 (�'OlAnly Assessor's ()nhne Property In6m-ni'ad'on
4, Reqmcm Or Code F,nforcerrient Action Form
,5. 1',,,C'DC Chapter 17.40, (Noncankniming Uses, Buildings, Signs, mi Us
11awk� 3 tA'3
Zoning and Vicinity Map
0 1010 200 400
424 - 3rd,,Nve. Fe
FITIMMIT1711-11W
Edmonds Community Development Code
Chapter 16.30
RM — MULTIPLE RESIDENTIAL
Sections:
16.30.000
Purposes.
16.30.010
Uses.
16.30.020
Subdistricts_
16.30.030
Site development standards.
16.30.040
Site development exceptions.
16.30.000 Purposes.
The RM zone has the following specific
purposes in addition to the general purposes
for residential zones of ECDC 16.00.010 and
16.10.000:
A. To reserve and regulate areas for a vari-
ety of housing types, and a range of greater
densities than are available in the single-fam-
ily residential zone, while still maintaining a
residential environment;
B. To provide for those additional uses
which complement and are compatible with
multiple residential uses. [Ord. 3627 § 1,
2007].
16.30.010 Uses.
A. Permitted Primary Uses.
1. Multiple dwellings;
2. Single-family dwellings;
3. Retirement homes;
4. Group homes for the disabled, foster
family homes and state -licensed group homes
for foster care of minors; provided, however,
that halfway houses and group homes licensed
for juvenile offenders are not permitted uses in
a residential zone of the city;
5. Boarding houses and rooming houses;
6. Housing for low income elderly in
accordance with the requirements of Chapter
20.25 ECDC;
7. Churches, subject to the requirements
of ECDC 17.100.020;
8. Primary schools subject to the
requirements of ECDC 17.100.050(G) through
(R);
16-10.1
16.30.010
9. Local public facilities that are
planned, designated, and sited in the capital
improvement plan, subject to the requirements
of ECDC 17.100.050;
10. Neighborhood parks, natural open
spaces, and community parks with an adopted
master plan subject to the requirements of
ECDC 17.100.070.
B. Permitted Secondary Uses,
1. All permitted secondary uses in the
RS zone, if in conjunction with a single-family
dwelling;
I Home occupations, subject to the
requirements of Chapter 20.20 ECDC;
3. The keeping of one domestic animal
per dwelling unit in multiple -family buildings;
4. The following accessory uses:
a. Private parking,
b. Private swimming pools and other
private recreational facilities,
c. Private greenhouses covering no
more than five percent of the site in total;
5. Commuter parking lots containing
less than 10 designated parking spaces in con-
junction with a church, school, or local public
facility allowed or conditionally permitted in
this zone. Any additionally designated parking
spaces that increase the total number of spaces
in a commuter parking lot to 10 or more shall
subject the entire commuter parking lot to a
conditional use permit as specified in subsec-
tion (D)(2) of this section, including commuter
parking lots that are located upon more than
one lot as specified in ECDC 21.15.075.
C. Primary Uses Requiring a Conditional
Use Permit.
1. Offices, other than local public facili-
ties;
2. Local public facilities not planned,
designated, or sited in the capital improvement
plan, subject to the requirements of ECDC
17.100.050;
3. Day-care centers;
4. Hospitals, convalescent homes, rest
homes, sanitariums;
(Revised 7/07)
Attachment 2
16.30.020
5. Museums, art galleries, zoos, and
aquariums of primarily local concern that do
not meet the criteria for regional public facili-
ties as defined in ECDC 21.85.033;
6. Counseling centers and residential
treatment facilities for current alcoholics and
drug abusers;
7. High schools, subject to the require-
ments of ECDC 17.100.050(G) through (R);
8. Regional parks and community parks
without a master plan subject to the require-
ments of ECDC 17.100.070.
D. Secondary Uses Requiring a Condi-
tional Use Permit.
1. Day-care facilities of any size to be
operated in a separate, nonresidential portion
of a multifamily residential dwelling structure
operated primarily for the benefit of the resi-
dents thereof;
16.30.030 Site development standards.
A. Table.
2. Commuter parking lots with 10 or
more designated parking spaces in conjunction
with a church, school, or local public facility
allowed or conditionally permitted in this
zone. [Ord. 3627 § 1, 2007].
16.30.020 Subdistricts.
There are established four subdistricts of the
RM zone, in order to provide site development
standards for areas which differ in topography,
location, existing development and other fac-
tors. These subdistricts shall be known as the
RM -1.5, RM — Edmonds Way (RM -EW), RM -
2.4, and RM -3 zones. [Ord. 3627 § 1, 2007].
Subdistrict
Minimum Lot
Area Per
Dwelling Unit`t
(Sq. Ft.)
Minimum
Street
Setback2
Minimum
Side
Setback2
Minimum
Rear
Setback
Maximum
Height
Maximum
Coverage
Minimum3
Parking
(Spaces
Per Unit)
RM -1.5
1,500
15'
10'
15'
25'1'5
45%
2
RM -EW
1,500
15'
10'
15'
25'5'6'
45%
2
RM -2.4
2,400
15'
10'
15'
25'1'5
45%
2
RM -3
3,000
15'
15'
t5'
25'1.5
45%
2
1 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height limit have a slope of
four inches in 12 inches or greater.
2 RS setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones.
3 See Chapter 17.50 ECDC for specific parking requirements.
4 See definition of townhouse.
5 Maximum height for accessory structures of 15 feet.
6 The maximum base height of any building fronting on Edmonds Way may be increased to 30 feet if the following apply to the site
and proposed development.-
(a)
evelopment:(a) At least 50 percent of the parking for the subject building shall be enclosed inside a building or buildings;
(b) The subject property is at least five feet lower at its lowest elevation than any adjacent residentially (R) zoned property measured
at its lowest elevation; and
(c) The proposed development integrates low impact development techniques where reasonably feasible. For the purposes of this sub-
section, "low impact development techniques" shall include, but shall not be limited to, the following: the use of bioswales, green
roofs, and grasscrete. "Reasonably feasible" shall be determined based upon the physical characteristics of the property and its
suitability for the technique; cost alone shall not make the use of the impact development unreasonable or unfeasible.
7 In addition to any height bonus under note 6, the building may extend up to an additional five feet if all portions of the roof above the
height limit (after adding the height bonus under note 6) provide a minimum 15 percent slope or pitch.
(Revised 7/07) 16-10.2
Edmonds Community Development Code
B. Signs and Design Review. See Chapters
20.10 and 20.60 ECDC for regulations.
C. Location of Parking. No parking spaces
may be located within the street setback.
D. Landscaping. In addition to the land-
scaping requirements set forth in Chapter
20.13 ECDC, any development in the RM —
Edmonds Way zone shall retain at least 35 per-
cent of the existing healthy significant trees
within the side and rear setbacks of the devel-
opment site. The applicant shall retain an
arborist to determine the health of all signifi-
cant trees within the side and rear setbacks. For
the purposes of this section, "significant tree"
shall be defined as any tree with a caliper
greater than six inches measured at four feet
above grade. Where it is not reasonably feasi-
ble for the applicant to retain 35 percent of the
existing healthy significant trees within the
side and rear setbacks, the applicant may
replace any significant trees below the 35 per-
cent threshold as follows: each significant tree
removed that reduces the percentage of
retained significant healthy trees below 35 per-
cent shall be replaced with three new trees,
each of no less than three-inch caliper mea-
sured at four feet above grade. [Ord. 3627 § 1,
2007].
16.30.040 Site development exceptions.
A. Housing for the Elderly. Housing
projects for the elderly are eligible for special
parking, and density provisions. See Chapter
20.25 ECDC.
B. Satellite Television Antenna. Satellite
television antennas shall be regulated as set
forth in ECDC 16.20.050 and reviewed by the
architectural design board.
C. Setback Encroachments.
1. Eaves and chimneys may project into
a required setback not more than 30 inches.
2. Except as authorized by subsection
(C)(3) of this section, uncovered and unen-
closed porches, steps, patios, and decks may
project into a required setback not more than
one-third of the required setback, or four feet,
16.30.040
whichever is less; provided, that they are no
more than 30 inches above the ground level at
any point.
3. In the RM — Edmonds Way zone,
uncovered and unenclosed porches, steps,
patios, and decks may occupy up to one-half of
the required street setback area along
Edmonds Way; provided, that these structures
or uses are located no more than 20 feet above
the ground level at any point.
D. Corner Lots. Corner lots shall have no
rear setback; all setbacks other than street set-
backs shall be side setbacks. [Ord. 3652 § 1,
2007; Ord. 3627 § 1, 2007].
16-11 (Revised 2/09)
Snohomish County, WA Assessor Parcel Data
SnohomishGntime Government Information S Services
County
Washington
Page 1 of 2
* R E A L* Property Information
County Home Assessor Home Treasurer Home Information on which Department to contact
Please view Disclaimer If you have questions, comments or suggestions, please Contact Us.
Date/Time:1/12/2010 8:39:59 AM Answers to Freguently Asked Questions about Parcel Data (opens as new window)
Return to Property Information Entry page
Parcel Number 27032600101200 Prev Parcel Reference 26270310120000
View Map of this parcel (opens as new window)
General Information
Taxpayer Name it Address (contact the Treasurer if you have questions)
EDMONDS PARK ASSOCIATES LLC 11 600 QUEEN ANNE AVE N - - - SEATTLE, WA
98109
If the above mailing address is incorrect and you want to make a change, see the information on Name and
Address Changes
Owner Name li Address (contact the Assessor if you have questions)
EDMONDS PARK ASSOCIATES LLC 11 600 QUEEN ANNE AVE N - - - SEATTLE, WA
98109
If the above name and address is incorrect due to a recent sale, please see the information on Name and
Address Changes After a Sale
Street (Situs) Address (contact the Assessor if you have questions)
424 3RD AVE S - - - EDMONDS, WA 98020-8418
Parcel Legal Description
SEC 26 TWP 27 RGE 03 RT -6A-1) N 190FT OF N 1/2 NWl/4 NEI/4 NE 1/4 EXC E 30FT THOF & EXC
FDT BEG NE COROF NW I/4 NEI/4 NEI/4 TH S89*44 OOW ALG N LN THOF 30FT TPB TH CONT
S89**44 OOW 270FT TH S00* 19 OOE 50FT TH N89*44 OOE 190FT TH S00* 19 OOE LOFT TH N89*44
OOE 80FT TAP 30FT W OF E LN OF NW I/4 NEI/4 NEI/4 TH N 60FT TPB
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't'reasurer's "Tax Information
Taxes For answers to questions about ['axes, please contact the Treasurer's office (opens as
new window)
2009 Taxes for this $65,078.23
parcel
Payments: Receipt No. 5116513 5/4/2009 S30,842.761 Receipt No. 5382738 1/7/2010 $34,235.47
(faxes may include Surface Water Management and/or State Forest Fire Patrol fees and any fees related to late
payments. LID charges, if any, are not included.)
To obtain a duplicate tax statement, either download our Tax Statement Request form or call 425-388-3366 to request it
by phone.
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Assessor's Property data Characteristics and Value Data below are for 2009 tax year.
Please contact the Treasurer's office for answers to questions about Taxes (opens as new window)
Attachment 3
http://web5.co. snohomish.wa.us/propsys/asr-tr-propinq/PrpIng02-ParcelData. asp?PN=270... 1/12/2010
Snohomish County, WA Assessor Parcel Data
Page 2 of 2
For questions ONLY about property characteristics or property values (NOT taxes),
please contact the Assessor's Office
Property: Values do not reflect adjustments made due to an exemption, such as a senior or disabled persons
Values exemption.
Reductions for exemptions are made on the property tax bill.
Tax Year 2010 Market Land $4,638,300 Market Improvement $2,890,2001 Market Total $7,528,500
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Valuation, :Payment, and Property Tax History
View History (opens as new window)
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Property Characteristics
Tax Code Area (TCA) 00210 View Taxing Districts for this Parcel (opens as new window)
Use Code 136 Multiple Family 51 - 100 Units
Size Basis ACRE Size 2.42 (Size may include undivided interest in common tracts and road parcels)
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Property Structures
Type Yr.Built Structure Description
Commercial 1968 53 UNIT EDMONDS PARK APT View Structure Data (opens as new window)
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Property Sales since 7/31/1999
Explanation of Sales Information (opens as new window)
Sales data is based solely upon excise affidavits processed by the Assessor.
Transfer Receipt Sales Price Excise Deed Grantor (Seller) Grantee (Buyer) Other
Date Date Number Type Parcels
8/7/2007 8/10/2007 $7,788,075 116722 W PRODUCT BUILDING EDMONDS PARK ASSOCIATES No
LLC LLC
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Property Maps Township/Range/Section/Quarter, links to maps
Neighborhood 5601000 Explanation of Neighborhood Code (opens as new window)
Township 27 Range 03 Section 26 Quarter NE Find parcel maps for this Township/Range/Section
View Map of this parcel (opens as new window)
http://web5. co. snohomi sh.wa.us/propsys/asr-tr-propinq/Prpinq 02-PareelData. asp?PN=270... 1/12/2010
#P62
°� City of Edmonds
h U0 Development Services Department
Wt
&` 12151h Avenue North
Edmonds, WA 98020
rn� 1 g9° Phone: 425.771.0220 Fax: 425.771.0221
I Date Received: I
For City Use Only:
File No:
1.
2.
If you have distinctive handwriting you may choose to type this form.
Alleged Violator's Name/Phone:
Violation Address or Site Location:
DETAILS OF REQUEST: (Please be specific.)
The City of Edmonds investigates possible violations on a request basis only. Therefore, the name of
the person filing the request must be provided in order for the city to investigate.
Name (please print):
Address:
Phone:
(Area Code)
(Street Address) (City) (State) (zip)
Pursuant to State Public Disclosure Law RCW 42.17.310(l)(e), the complainant may indicate a request
for non -disclosure of their name and identity. If non -disclosure is desired, the bottom portion of this
form which indicates your identity as a complainant, will be redacted (blacked out) prior to public
disclosure.
If you do not want your identity disclosed, check the box and sign on the line provided.
Thank you.
DO NOT DISCLOSE MY IDENTITY ❑
Signature: Date
L: I tW/bUILUINUINANUUU 11UUutSlNLUUL61 FUN UUUt ENFURULMEN 1 AU I IUN PbZAoc
Attachment 4
Edmonds Community Development Code
Chapter 17.40
NONCONFORMING USES, BUILDINGS,
SIGNS AND LOTS'
Sections:
17.40,000
Purpose.
17.40.010
Nonconforming uses.
17.40.020
Nonconforming building and/or
structure.
17.40.025
Vested nonconforming or illegal
accessory dwelling units.
17.40.030
Nonconforming lots.
17.40.040
Nonconforming signs.
17.40.050
Nonconforming local public
facilities.
17.40.000 Purpose.
The purpose of this chapter is to allow cer-
tain nonconforming uses, buildings, signs and
lots to continue while limiting the continuation
of certain aspects of nonconformity. Other
nonconforming uses, buildings, signs and lots,
which are declared to be nuisances, are
required to be eliminated. [Ord. 3696 § 1,
2008].
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one
which was once allowed by applicable land
use regulations, but is no longer allowed, due
to the passage or later change of the ordinance
codified in this chapter or a prior ordinance.
B. Continuation. A nonconforming use
may continue, unless required to be abated by
subsection (C) of this section, but it may not be
expanded in any way, including additional lot
area, floor area, height, number of employees,
equipment, or hours of operation, except as
otherwise provided in ECDC 17.40.050.
1. Ord. 3696 enacted Chapter 17.40 ECC on August 31,
2008. Prior legislation: Ords. 2292, 2429, 2936, 3024,
3153, 3247, 3283, 3300, 3327, 3353 and 3515.
17-10.1
17.40.010
C. Lapse of Time.
1. If a nonconforming use ceases for a
period of six continuous months, any later use
of the property occupied by the former non-
conforming use shall conform to this zoning
ordinance. Uses such as agricultural uses,
which vary seasonally, shall be deemed aban-
doned if the seasonal use is not utilized during
one full season consistent with the traditional
use.
2. If a nonconforming residential use
ceases because its building is damaged in
excess of 75 percent of its replacement cost,
the use may be reestablished if, but only if, an
application for a building permit which vests
as provided in ECDC 19.00.015, et seq., is
filed within 18 months of the date such damage
occurred. After the application has been filed,
only one 180 -day extension may be granted.
3. The right of reestablishment of use
described in subsection (C)(2) of this section
shall not apply if:
a. The building or structure was dam-
aged or destroyed due to the unlawful act of
the owner or the owner's agent; or
b. The building is damaged or
destroyed due to the ongoing neglect or gross
negligence of the owner or the owner's agent.
In the event that subsection (C)(3)(a) or
(b) of this section apply, the nonconforming
use shall be abated if damage exceeds 25 per-
cent of replacement cost. "Replacement cost"
shall be determined as provided in ECDC
17.40.020(F).
D. Conditional Uses. A legal use does not
become nonconforming because the zone in
which it is located is changed to a zone district
which requires a conditional use permit for the
use. However, the use may not be expanded, as
provided for in subsection (B) of this section,
without obtaining a conditional use permit.
[Ord. 3696 § 1, 2008].
(Revised 11/08)
Afkachment 5
17.40.020
17.40.020 Nonconforming building and/or
structure.
A. Definition. A nonconforming building is
one which once met bulk zoning standards and
the site development standards applicable to
its construction, but which no longer conforms
to such standards due to the enactment or
amendment of the zoning ordinance of the city
of Edmonds or the application of such ordi-
nance in the case of a structure annexed to the
city. Subject to the other provisions of this sec-
tion, an accessory building that is not an acces-
sory dwelling unit shall be presumptively
nonconforming if photographic or other sub-
stantial evidence conclusively demonstrates
that the accessory building existed on or before
January 1, 1981. In the case of a property that
was annexed after January 1, 1981, then the
date shall be that of the effective date of the
annexation of the city of Edmonds. Such pre-
sumption may be overcome only by clear and
convincing evidence.
B. Continuation. A nonconforming build-
ing or structure may be maintained and contin-
ued, unless required to be abated elsewhere in
this chapter or section, but it may not be
changed or altered in any manner which
increases the degree of nonconformity of the
building except as expressly provided in sub-
sections (C) through (I) of this section.
C. Historic Buildings and Structures. Noth-
ing in this section shall prevent the full restora-
tion by reconstruction of a building or
structure which is either listed on the National
Register of Historic Places, the Washington
State Register of Historic Places, the Washing-
ton State Cultural Resource Inventory, or the
Edmonds Register of Historic Places, or is
listed in a council -approved historical survey
meeting the standards of the State Department
of Archaeology and Historic Preservation.
"Restoration" means reconstruction of the his-
toric building or structure with as nearly the
same visual design appearance and materials
as is consistent with full compliance with the
State Building Code and consistent with the
requirements of Chapter 20.45 ECDC,
(Revised 11/08) 17-10.2
Edmonds Register of Historic Places. The
reconstruction of all such historic buildings
and structures shall comply with the life safety
provisions of the State Building Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a
nonconforming building or structure shall be
permitted.
2. Alterations which otherwise conform
to the provisions of the zoning ordinance, its
site development and bulk standards, and
which do not expand any nonconforming
aspect of the building, shall be permitted.
3. In an effort to provide modular relief,
minor architectural improvements in commer-
cial and multiple -family residential zones may
encroach into a nonconforming setback adja-
cent to an access easement or public right-of-
way not more than 30 inches or one-half of the
distance to the property line, whichever is less.
"Minor architectural improvements" are
defined as and limited to bay windows, eaves,
chimneys and architectural detail such as cor-
nices, medallions and decorative trim. Such
improvements shall be required to obtain
administrative design review. Nothing herein
shall be interpreted to exempt such improve-
ments from compliance with the State Build-
ing and Fire Code.
4. Alterations required by law or the
order of a public agency in order to meet health
and safety regulations shall be permitted.
E. Relocation. Should a nonconforming
building or structure be moved horizontally for
any reason for any distance, it shall thereafter
come into conformance with the setback and
lot coverage requirements for the zone in
which it is located. Provided, however, that a
building or structure may be moved on the
same site without full compliance if the move-
ment reduces the degree of nonconformity of
the building or structure. Movement alone of a
nonconforming building or structure to lessen
an aspect of its nonconformity shall not require
the owner thereof to bring the building or
Edmonds Community Development Code
structure into compliance with other bulk or
site development standards of the city applica-
ble to the building or structure.
F. Restoration. If a nonconforming build-
ing or structure is destroyed or is damaged in
an amount equal to 75 percent or more of its
replacement cost at the time of destruction,
said building shall not be reconstructed except
in full conformance with the provisions of the
Edmonds Community Development Code.
Determination of replacement costs and the
level of destruction shall be made by the build-
ing official and shall be appealable as a Type
II staff decision under the provisions of Chap-
ter 20.06 ECDC. Damage of less than 75 per-
cent of replacement costs may be repaired, and
the building returned to its former size, shape
and lot location as existed before the damage
occurred, if, but only if, such repair is initiated
by the filing of an application for a building
permit which vests as provided in ECDC
19.00.015, et seq., within one year of the date
such damage occurred. This right of restora-
tion shall not apply if:
1. The building or structure was dam-
aged or destroyed due to the unlawful act of
the owner or the owner's agent; or
2. The building is damaged or destroyed
due to the ongoing neglect or gross negligence
of the owner or the owner's agents.
G. Residential Buildings in Commercial
Zones. Existing nonconforming buildings in
commercial zones in use solely for residential
purposes, or structures attendant to such resi-
dential use, may be remodeled or recon-
structed without regard to the limitations of
subsections (B), (E) and (F) of this section, if,
but only if, the following conditions are met:
1. The remodel or reconstruction takes
place within the footprint of the original build-
ing or structure. "Footprint" shall mean an area
equal to the smallest rectangular area in a plane
parallel to the ground in which the existing
building could be placed, exclusive of uncov-
ered decks, steps, porches, and similar fea-
tures; and provided, that the new footprint of
the building or structure shall not be expanded
17.40.020
by more than 10 percent and is found by the
city staff to be substantially similar to the orig-
inal style and construction after complying
with current codes.
2. All provisions of the State Building
and Electrical Codes can be complied with
entirely on the site. No nonconforming resi-
dential building may be remodeled or recon-
structed if, by so doing, the full use under state
law or city ordinance of a conforming neigh-
boring lot or building would be limited by such
remodel or reconstruction.
3. These provisions shall apply only to
the primary residential use on site and shall not
apply to nonconforming accessory buildings
or structures.
4. A nonconforming residential single-
family building may be rebuilt within the
defined building envelope if it is rebuilt with
materials and design which are substantially
similar to the original style and structure after
complying with current codes. Substantial
compliance shall be determined by the city as
a Type H staff decision, except that any appeal
of the staff decision shall be to the ADB rather
than to the hearing examiner. The decision of
the ADB shall be final and appealable only as
provided in ECDC 20.07.006.
H. Subject to the other provisions of this
section, an accessory building that is not an
accessory dwelling unit shall be presumptively
nonconforming if photographic or other sub-
stantial evidence conclusively demonstrates
that the accessory building existed on or before
January 1, 1981. In the case of a property that
was annexed after January 1, 1981, then the
date shall be that of the effective date of the
annexation to the city of Edmonds. Such pre-
sumption may be overcome only by clear and
convincing evidence.
1. BD5 Zone. The BD5 zone was created in
part to encourage the adoption and reuse of
existing residential structures for live/work
and commercial use as set forth in ECDC
16.43.030(B)(5). In the BD5 zone, conforming
and nonconforming buildings may be con-
verted to commercial or other uses permitted
17-10.3 (Revised 7/09)
17.40.025
by ECDC 16.43.020 without being required to
come into compliance with the ground floor
elevation requirements of ECDC
16.43.030(B). [Ord. 3736 §§ 13, 14, 2009;
Ord. 3696 § 1, 20081.
17.40.025 Vested nonconforming or
illegal accessory dwelling units.
A. Illegal or nonconforming accessory
dwelling units which registered with the city
during the registration period which ended
October 16, 2000, at 5:00 p.m. are hereby
declared to be legal nonconforming detached
and attached accessory dwelling units (ADU).
Accessory dwelling unit (ADU) is defined in
Chapter 20.21 ECDC.
B. Once registered, a formerly illegal or
nonconforming ADU shall enjoy all the pro-
tections and privileges afforded to a noncon-
forming building under the provisions of
ECDC 17.40.020; provided, however, that
such ADU shall be subject to the permit review
requirement of ECDC 20.100.040 to the end
that the city council reserves the right to
impose additional conditions on the continued
use and occupancy of the formerly illegal
ADU if it is found to constitute a nuisance or
present a hazardous condition, or to revoke
such registration and permit if a nuisance or
hazardous condition relating to the ADU is not
abated.
C. Legal nonconforming units which
received a permit certificate confirming such
status and listing the physical dimensions and
other characteristics of the structure may be
continued in accordance with such permit cer-
tificate; provided, however, that the registra-
tion and permit of a formerly illegal ADU may
be revoked and/or conditioned in accordance
with the provisions of ECDC 20.100.040.
D. Failure to register a structure within the
time period established by the provisions of
this section shall be considered to be presump-
tive proof that such a unit is an illegal unit and
subject to abatement. The owner of such struc-
ture may overcome such a presumption only
by presentation of substantial and competent
(Revised 7/09) 17-10.4
evidence which establishes the legal noncon-
forming nature of such building by clear and
convincing evidence that the structure was
permitted by Snohomish County or the city of
Edmonds, was permitted by such agency and
was in complete compliance with the applica-
ble provisions of state law and county or city
ordinance, at the dates such construction was
initiated and was completed. [Ord. 3696 § 1,
2008].
17.40.030 Nonconforming lots.
A. Definition. A nonconforming lot is one
which met applicable zoning ordinance stan-
dards as to size, width, depth and other dimen-
sional regulations at the date on which it was
created but which, due to the passage of a zon-
ing ordinance, the amendment thereof or the
annexation of property to the city, no longer
conforms to the current provisions of the zon-
ing ordinance. A lot which was not legally cre-
ated in accordance with the laws of the local
governmental entity in which it was located at
the date of the creation is an illegal lot and will
not be recognized for development.
B. Continuation. A nonconforming lot may
be developed for any use allowed by the zon-
ing district in which it is located, even though
such lot does not meet the size, width, depth
and other dimensional requirements of the dis-
trict, so long as all other applicable site use and
development standards are met or a variance
from such site use or development standards
has been obtained. In order to be developed a
nonconforming lot must meet minimum lot
size standards established by the provisions of
this code, subject to the provisions of subsec-
tion (D) of this section.
C. Combination. If, since the date on which
it became nonconforming due to its failure to
meet minimum lot size or width criteria, an
undeveloped nonconforming lot has been in
the same ownership as a contiguous lot or lots,
the nonconforming lot is to be and shall be
deemed to have been combined with such con-
tiguous lot or lots to the extent necessary to
create a conforming lot and thereafter may
Edmonds Community Development Code
only be used in accordance with the provisions
of the Edmonds Community Development
Code, except as specifically provided in sub-
section (D) of this section.
D. Exception for Single -Family Dwelling
Units. An applicant may build one single-fam-
ily residence consisting of no more than one
dwelling unit on a lot or parcel regardless of
the size of the lot or parcel if, but only if, one
of the following exceptions applies:
1. In an RS zone, such nonconforming
lot may be sold or otherwise developed as any
other nonconforming lot pursuant to the fol-
lowing conditions and standards:
a. The lot area of the nonconforming
lot is not less than the minimum lot area spec-
ified in the table below for the zoning district
in which the subject property is located; and
b. Community facilities, public utili-
ties and roads required to serve the noncon-
forming lot are available concurrently with the
proposed development; and
c. Existing housing stock will not be
destroyed in order to create a new buildable
lot.
Lot Area Table
2. An applicant applies for necessary
permits to construct the unit within five years
of the date the lot or parcel was annexed into
the city and the lot or parcel was lawfully cre-
ated under provisions of Snohomish County
subdivision and zoning laws as well as the
laws of the state of Washington; or
3. An applicant may remodel or rebuild
one residence on a nonconforming lot without
regard to the 75 percent destruction require-
ment of ECDC 17.40.020(F) if a fully com-
17.40.040
pleted building permit application is submitted
within one year of the destruction of the resi-
dence and all other development requirements
of this code are complied with; or
4. The lot lines defining the lot or parcel
were recorded in the Snohomish County
recorder's office prior to December 31, 1972,
and the lot or parcel has not at any time been
simultaneously owned by the owner of a con-
tiguous lot or parcel which fronts on the same
access right-of-way subsequent to December
31, 1972, and the lot or parcel has access to an
access right-of-way which meets the minimum
requirements established by this code. [Ord.
3696 § 1, 2008].
17.40.040 Nonconforming signs.
Nonconforming signs are injurious to
health, safety and welfare and destructive of
the aesthetic and environmental living condi-
tions which this zoning ordinance is intended
to preserve and enhance. Nonconforming
signs shall be brought into compliance with the
provisions of Chapter 20.60 ECDC under the
following terms and conditions:
A. No nonconforming sign shall be
expanded, extended, rebuilt, reconstructed or
altered in any way, except as provided below.
The following acts are specifically permitted
and shall not in and of themselves require con-
formance with the provisions of Chapter 20.60
ECDC:
L Normal maintenance of the sign;
2. A change in the name of the business
designated on the sign; or
3. Any action necessary to preserve the
public safety in the event of damage to the sign
brought about by an accident or an act of God.
B. Any nonconforming sign shall be
brought into immediate compliance with the
code in the event that it is expanded in viola-
tion of subsection (A) of this section.
C. None of the foregoing provisions relat-
ing to permitted maintenance, name change or
preservation of the sign under subsection (A)
of this section shall be construed so as to per -
17 -10.5 (Revised 11/08)
% Needed for
Lot Sized Needed
Zone
Legal Lot
for Legal Lot
(1)
RS -20
60%
12,000
(2)
RS -12
70%
8,400
(3)
RS -10
75%
7,500
(4)
RS -8
80%
6,400
(5)
RS -6
90%
5,400
2. An applicant applies for necessary
permits to construct the unit within five years
of the date the lot or parcel was annexed into
the city and the lot or parcel was lawfully cre-
ated under provisions of Snohomish County
subdivision and zoning laws as well as the
laws of the state of Washington; or
3. An applicant may remodel or rebuild
one residence on a nonconforming lot without
regard to the 75 percent destruction require-
ment of ECDC 17.40.020(F) if a fully com-
17.40.040
pleted building permit application is submitted
within one year of the destruction of the resi-
dence and all other development requirements
of this code are complied with; or
4. The lot lines defining the lot or parcel
were recorded in the Snohomish County
recorder's office prior to December 31, 1972,
and the lot or parcel has not at any time been
simultaneously owned by the owner of a con-
tiguous lot or parcel which fronts on the same
access right-of-way subsequent to December
31, 1972, and the lot or parcel has access to an
access right-of-way which meets the minimum
requirements established by this code. [Ord.
3696 § 1, 2008].
17.40.040 Nonconforming signs.
Nonconforming signs are injurious to
health, safety and welfare and destructive of
the aesthetic and environmental living condi-
tions which this zoning ordinance is intended
to preserve and enhance. Nonconforming
signs shall be brought into compliance with the
provisions of Chapter 20.60 ECDC under the
following terms and conditions:
A. No nonconforming sign shall be
expanded, extended, rebuilt, reconstructed or
altered in any way, except as provided below.
The following acts are specifically permitted
and shall not in and of themselves require con-
formance with the provisions of Chapter 20.60
ECDC:
L Normal maintenance of the sign;
2. A change in the name of the business
designated on the sign; or
3. Any action necessary to preserve the
public safety in the event of damage to the sign
brought about by an accident or an act of God.
B. Any nonconforming sign shall be
brought into immediate compliance with the
code in the event that it is expanded in viola-
tion of subsection (A) of this section.
C. None of the foregoing provisions relat-
ing to permitted maintenance, name change or
preservation of the sign under subsection (A)
of this section shall be construed so as to per -
17 -10.5 (Revised 11/08)
17.40.050
mit the continuation or preservation of any
nonconforming off -premises sign. [Ord. 3696
§ 1, 2008].
17.40.050 Nonconforming local public
facilities.
A. Local Public Facilities_ Existing legal
nonconforming local public facility uses,
buildings, and/or signs, owned and/or operated
by local, state, or federal governmental enti-
ties, public service corporations, or common
carriers (including agencies, districts, govern-
mental corporations, public utilities, or similar
entities) may be expanded, enlarged, altered,
or modified, subject to review under Chapter
20.16 ECDC, Essential Public Facilities. [Ord.
3696 § 1, 2008].
(Revised 11/48) 17-10.6
Chapter 17.50
OFF-STREET PARKING
REGULATIONS
Sections:
17.50.000
Purposes.
17.50.010
Off-street parking required..
17.50.020
Parking space requirements.
17.50.030
Calculations.
17.50.040
Location.
17.50.050
Standards.
17.50.060
Joint use.
17.50.070
Downtown business area parking
requirements.
17.50.075
Parking requirements for
sexually oriented businesses.
17.50.090
Temporary parking lots.
17.50.100
Commercial vehicle regulations.
17.50.000 Purposes.
The purposes of this chapter are:
A. To reduce street congestion and avoid
crowding of on -street parking space;
B. To require adequate landscaping of off-
street parking areas;
C. To protect adjacent property from the
impact of a use with inadequate off-street
parking. [Ord. 3496 § 2, 20041.
17.50.010 Off-street parking required.
A. New Uses or Structures Not Including
the Downtown Business Area.
1 Off-street parking facilities which
comply with this chapter shall be provided
before any new use is begun, or any new struc-
ture is approved for occupancy. A detailed
plan and provisions specifically setting forth
the method and location by which the off-
street parking required for the proposed use
will be met, whether by construction, a joint
use agreement, or any other method provided
by this code, shall be filed and approved in
conformance with the applicable provisions of
this code before any building permit is issued.