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Ordinance 1946ORDINANCE NO. 1946 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW SECTION 12.15.180 TO THE EDMONDS CITY CODE, ESTABLISHING REQUIREMENTS AND PROCEDURES FOR ABATING NONCONFORMING UNITS IN DUPLEX AND MULTI -FAMILY DWELLINGS AND PROVIDING PENALTIES, PURSUANT TO PLANNING COMMISSION RESOLUTION #563. WHEREAS, presently existing multi -family dwellings, which were constructed subsequent to the enactment of the Edmonds Zoning Code, have been found to contain a greater number of dwelling units than is permitted under the terms of the present Zoning Code, and WHEREAS, frequently the original owners of the nonconform- ing dwellings have sold the same to purchasers who have been unaware of the nonconforming nature of the dwelling units and strict enforcement of the Code would be unduly burdensome, and WHEREAS, the City Council of the City of Edmonds finds that substantial employee time is being spent to enforce these provisions and that inequities may result from enforcement, and WHEREAS, pursuant to Planning Commission Resolution No. 563, the City Council of the City of Edmonds called a public hearing and having found that the requirements and provisions set forth herein are in the best interests of the public health, safety and welfare as set forth pursuant to Planning Commission Resolution No. 563, that there will be no adverse environmental impact as a result of said requirements and procedures, now, therefore, -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 12.15.180 is hereby added to the Edmonds City Code to read as follows: "12.15.180 Nonconforming Multi -Family Dwelling. 1. Nonconforming Unit Defined. For the purposes of this Section, "Nonconforming Unit" means a dwelling unit existing in duplex or a multi- family dwelling in excess of the allowable number of dwelling units permitted by the provisions of the Zoning Code. 2. Application. The provisions of this Section shall apply only to duplex or multi -family dwellings constructed after October 20, 1964. The provisions of this Section shall not apply to any multi -family dwelling or dwelling unit for which a building permit is required after the effective date of this Section. 3. Compliance Required. The owner of any multi- family dwelling unit containing any nonconform- ing unit shall eliminate all nonconforming units in the manner as provided hereinafter. 4. Manner of Obtaining Compliance. Nonconforming units shall be eliminated by any of the follow- ing methods, including any combination thereof. a. Reduce the number of dwelling units to the number allowed by the provisions of the Zoning Code, or b. Acquire sufficient contiguous real property to meet the density requirements of the Zoning Code. 5. Nonconforming Unit Permit - Innocent Purchaser. An owner of any nonconforming unit may apply to the Edmonds Board of Adjustment for a permit to maintain one nonconforming unit in the duplex or multi -family dwelling. The Board shall issue one and only one permit per duplex or multi -family dwelling and all other nonconforming units must be eliminated as set -2- forth in Section 4, above. The Board may grant said permit only if it finds: a. That the owner has made a bona fide attempt to eliminate the nonconforming unit by ac- quiring sufficient contiguous real property and has been unable to meet the density requirements; b. The owner did not create the nonconforming unit; and C. The owner purchased the duplex or multi -family dwelling in good faith with no knowledge of the nonconforming unit. 6. Utility Charges and Covenant Required. The owner of any nonconforming unit shall pay all water and sewer fees attributable to the nonconforming units and shall execute and record at his expense, a covenant as provided in Section 11.02.036 of the Edmonds City Code. 7. Penalties. Any person, firm or corporation violating any of the provisions of this Section shall be guilty of a misdemeanor and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of this Section is committed, continued or permitted. Upon conviction, the person shall be punished pursuant to Chapter 5.45 of the Edmonds City Code. MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENE&VARNEY MORAN FILED WITH THE CITY CLERK: August 22, 1977 PASSED BY THE CITY COUNCIL: September 06, 1977 PUBLISHED: September 14, 1977 MIN