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