Ordinance 1550ORDINANCE NO. /S _,Y_D
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
CREATING A NEW SECTION IN THE EDMONDS ZONING
ORDINANCE, SECTION 12.15.145, ESTABLISHING A
PROCEDURE FOR DETERMINING A SPECIFIC AMORTIZATION
PERIOD FOR NON -CONFORMING BUSINESS, COMMERCIAL
OR INDUSTRIAL USES IN RESIDENTIAL ZONES PURSUANT
TO THE PLANNING COMMISSION RESOLUTION NO. 352.
WHEREAS, the City Council of the City of Edmonds,
Washington pursuant to Planning Commission Resolution No.
352, called a public hearing, and having determined it to
be in the best interest and the public health, safety and
welfare to amend the Edmonds Zoning Ordinance as set forth
below, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
DO ORDAIN AS FOLLOWS:
There is hereby created a new section in the Edmonds
Zoning Ordinance reading as follows:
"Section 12.15.145 Determination of specific
amortization. Within one year after the adopting
of this amendment, the Building Official shall
make his best effort to notify the owners of such
non -conforming uses or buildings about the provisions
of this amendment. Within one year after such
notification the owner may apply to the City for a
determination of a specific amortization period
for his use or building. The application fee for
this action shall be $500.00 which may be in the
form of cash, bond or other good and valuable
security approved by the City. Upon the filing of
the application, the Planning Department shall
employ a qualified, independent consultant to aid
the Planning Commission in the determination of
whether or not the 15 year period will allow a
reasonable return on the owner's investment. If
it is determined that a longer period is necessary
to amortize the owner's investment, the exact number
of years in excess of the 15 years shall be
specified by the Planning Commission. The determina-
tion of the specific amortization period shall
include a consideration of the significance of the
hardship upon the property owner or user and the
benefit which the public may derive from the
termination of the use for the building. If the
property owner or other interested person is unwilling
to accept the Planning Commission's determination,
he may appeal the same to the City Council within
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10 days after the final public hearing before the
Planning Commission. In the event the total cost to
the City of Edmonds in retaining an independent
consultant is less than $500.00 the difference shall
be refunded to applicant. The procedures for hearing
before the Planning Commission and the City Council
shall be those specified by Section 12.16.170 as
in the case of an amendment to the Official Zoning
ordinance."
ATTEST:
CITY CLERK
PASSED BY THE CITY COUNCIL:
FILED WITH THE CITY CLERK:
PUBLISHED: April 28, 1971
APPROVED:
MAYOR
April 20, 1971
April 20, 1971
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