Ordinance 1767ORDINANCE NO. 1767
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
DEFINING THE TERM GROUP HOME AND AUTHORIZING GROUP
HOMES AS A PERMITTED USE IN RM DISTRICTS SUBJECT
TO THE GRANT OF A CONDITIONAL USE PERMIT IN MODI-
FICATION OF PLANNING COMMISSION RESOLUTION NO. 460.
WHEREAS, the City Council of the City of Edmonds, Washington,
pursuant to Planning Commission Resolution No. 460, called a
public hearing, and having during said hearing determined it to
be in the best interests and the public health, safety and
welfare to amend the Edmonds Zoning Ordinance as set forth below,
in modification of Planning Commission Resolution No. 460, and
WHEREAS, it is recognized that group homes may have a sub-
stantial impact on the neighborhood where they may be located, now,
therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 12.13.110 of the Edmonds City Code is here-
by amended by adding a new subsection, (L) to read as follows:
"12.13.110 (L) Group Homes subject to the grant of a
conditional use permit providing the following addi-
tional conditions are met:
(1) A "social" or "neighborhood" impact statement
that shall address the impact of the location
of such a facility in the particular neighbor-
hood, shall address the need for such a facility
within the city and shall address such other
subject matter as shall be required from time
to time by the city planner. The city planner
is authorized hereunder to establish a list
of the subject matters that shall be addressed
in any such required statement which, when
completed by the applicant, shall be submitted
to the city council prior to the hearing on the
permit. The city planner is authorized to
establish such time requirements for filing by
the applicant of such requiredstatement or
other documentation prior to the hearing as
will provide adequate time for review, circula-
tion and distribution of said statement prior
to the hearing before the city council.
(2) A financial statement shall be submitted to
the city planner 30 days prior to the hearing
and on or before January 31 of each respective
year thereafter.
(3) The applicant shall hold a meeting with the
neighborhood prior to the time of the hearing
on the conditional use permit:
(a) The neighborhood shall be defined as
all property owners within a radius
of 600 feet of the boundaries of the
property on which the proposed facility
is to be located.
(b) The applicant shall hold said meeting
not less than 10 days nor more than 60
days prior to the hearing on the condi-
tional use permit.
(c) The neighborhood meeting notification,
specifying the date, time and location
of the meeting, will be sent by the
Planning Department, utilizing addresses
provided by the applicant, with postage
costs to be paid by the applicant. The
applicant shall certify the list to be
complete, true and accurate to the best
of his knowledge.
(4) A neighborhood representative shall be notified and
allowed to attend meetings of the board or governing
body of the home in a liaison status; such represen-
tative is to be designated by the neighborhood with-
in 60 days of the neighborhood meeting or the right
shall be deemed waived by the neighborhood.
(5) Any other conditions required by the city council
to ensure the preservation of the intent of RM zones
and protect the neighborhood from a use which is a
nuisance, deleterious to the neighborhood or incon-
sistent with the purposes of RM classified property
within the city.
(6) The hearing on the granting or denial of the condi-
tional use permit permitted under this section shall
be held before the city council and notice of said
hearing shall be given in the manner as provided in
Chapter 12.16 of the Edmonds City Code. The council
when hearing the application shall, in addition to
the criteria set forth herein, be governed by the
general criteria for the granting of a conditional
use permit as set forth in Chapter 12.16 of the Edmonds
City Code.
(7) Except in the event an applicant wishes to appeal the
decision of the city council or in the event any
person in the neighborhood desires to appeal the
decision of the city council in granting or denying
said conditional use permit such appeal must be
taken to the Superior Court for Snohomish County
within ten (10) days of the date of the decision
of the city council in the same manner and form as
appeals from decisions of the Board of Adjustment
as provided in Chapter 12.16 of the Edmonds City
Code.
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(8) At any time. six (6) months after the granting of
a conditional use permit, as provided herein,
members of the neighborhood may initiate a hearing
before the city council to consider the revocation
or modification of the permit if they consider the
facility to be deleterious to the neighborhood, a
nuisance or inconsistent with the intent of the
zoning classification in the neighborhood. This
complaint action shall be initiated by a petition
signed by not less than ten (10) residents of the
neighborhood, no two of which can represent the
same property and shall be accompanied by the pay-
ment of an administrative fee of Ten Dollars ($10.00).
The petition shall explain in detail the condition
or conditions which cause the facility to be considered
deleterious to the neighborhood or a nuisance or
inconsistent with the intent of the zone in which the
facility is located. The city council shall set a
hearing date and cause notice to be given in accordance
with Section 12.16.150 of the Edmonds City Code and
to be mailed to the permittee by certified or registered
mail at least ten (10) days before the hearing to the
address of the permittee contained on the application.
At the public hearing called to hear the complain", the
permit may be revoked or otherwise modified if the
city council finds the use to be a nuisance or
deleterious to the neighborhood or inconsistent with
the intent of the zone classification in which said
facility is located."
Section:.2. .Section 12.12.080 of the Edmonds City Code is
hereby amended by adding the following definition:
"12.12.080 (G) Terms: Group Home -- A facility
licensed by the state that operates and maintains
a group care facility for dependent children con-
sisting of not more than ten (10) persons (including
minor children of staff residing on the premises)
under the age of 18 years on a 24-hour basis in
the licensees personal residence or other suitable
facility which meets the requirements for state
licensing."
Section 3. Section 12.16.070 of the Edmonds City Code, The
Table of Conditional Uses, is hereby amended by adding to said
table, Group Homes to be permitted in RML and RMH zones.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
Filed with the City Clerk: February .2'8, 1975
Passed by the City Council: March 25, 1975
Published: April 2, 1975
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