Ordinance 2183MAE/trs/al
11/11/80
ORDINANCE NO. 2183
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADOPTING BY REFERENCE AND BY CODIFICATION AS PRO-
VIDED FOR AND PURSUANT TO THE REVISED CODE OF
WASHINGTON, A RECOMPILATION AND RECODIFICATION
OF ALL ORDINANCES OF THE CITY OF EDMONDS OF A
GENERAL, PUBLIC OR PERMANENT NATURE AS A NEW ED-
MONDS CITY CODE CONSISTING OF TITLE 1, GENERAL
PROVISIONS; TITLE 2, CITY OFFICIAL AND PERSONNEL;
TITLE 3, REVENUE AND FINANCE; TITLE 4, LICENSES;
TITLE 5, PUBLIC SAFETY AND MORALS; TITLE 6,
HEALTH AND SANITATION; TITLE 7, UTILITY CHARGES
AND REGULATION; TITLE 8, TRAFFIC; TITLE 9,
STREETS AND SIDEWALKS; TITLE 10, BOARDS AND COM-
MISSIONS; TITLES 11 THROUGH 14, RESERVED; TITLE
15, COMPREHENSIVE PLAN; TITLE 16, ZONING DISTRICTS;
TITLE 17, GENERAL ZONING REGULATIONS; TITLE 18,
PUBLIC WORKS REQUIREMENTS; TITLE 19, BUILDING CODES;
TITLE 20, REVIEW CRITERIA AND PROCEDURES; AND TITLE
21, DEFINITIONS; ADOPTING A REVISED AND UPDATED
OFFICIAL ZONING MAP; ADOPTING A NEW CHAPTER 1.01
PROVIDING FOR CODIFICATION OF CITY ORDINANCES, EF-
FECT AND INTERPRETATION; AND PROVIDING PENALTIES.
WHEREAS, the City Council has adopted by separate ordinance a
new Community Development Code for the City of Edmonds, which Community
Development Code is a portion of the overall Edmonds City Code as Titles
15, 16, 17, 18, 19, 20 and 21 thereof, and
WHEREAS, the City Council has otherwise amended the Edmonds
City Code by a series of ordinances amending the Edmonds City Code in
addition to the newly adopted Edmonds Community Development Code, and
WHEREAS, the Edmonds City Code is hereby being recompiled and
recodified into one revised Edmonds City Code consisting of the prior
Edmonds City Code as amended by the above referenced series of amend-
ments together with and including new Titles 15 through 21, and
WHEREAS, said new Edmonds City Code will be considered as one
newly recompiled and recodified Edmonds City Code, it will for convenience
be fastened into separate volumes for ease of distributing and selling
functional parts to the public, and
WHEREAS, three copies of said recompilation and recodification
of the Edmonds City Code have been filed with the office of the city
clerk, as well as three copies of this adopting ordinance, for examina-
tion and use by the public, for inspection pending consideration by the
city council prior to adoption, and
WHEREAS, said three copies of said recompilation and recodi-
fication, as well as said three copies of this adopting ordinance, shall
be authenticated by the signature of the city clerk and be recorded by
the city clerk in full in the properly indexed book kept for the purpose
of recording all ordinances and resolutions adopted by the city council
and which is available for inspection by the public at reasonable times
and under reasonable conditions, and
WHEREAS, this adopting ordinance shall be published and duly
posted in at least three public places in the City of Edmonds designated
by ordinance as the official posting places for city notices, and
WHEREAS, the title of this adopting ordinance and the title of
the new Community Development Code, constituting Titles 15 through 21 of
said newly recompiled and recodified Edmonds City Code have received a
first reading by the city council, and
WHEREAS, the city council has held a public hearing pursuant
to published and posted notice of same, which said notice indicated that
the ordinances of the City of Edmonds have been recompiled and recodi-
fied, and furthermore indicated that three copies of such recompilation
and recodification have been filed in the office of the city clerk, as
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well as a copy of this adopting ordinance, and furthermore indicated the
time and place of such hearing, and which said notice was published and
posted in three public places in the City of Edmonds, as officially
designated by ordinance, not more than fifteen days nor less that ten
days prior to said public hearing, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Adoption. There is hereby adopted by reference as
a code and compilation, and as a recodification, a new Edmonds City
Code, which is a recompilation and recodification of all ordinances of
the City of Edmonds of a general, public and permanent nature, as
contained in those certain copies on file in the office of the city
clerk consisting of the following titles: Title 1, General Provisions;
Title 2, City Officials and Personnel; Title 3, Revenue and Finance;
Title 4, Licenses; Title 5, Public Safety and Morals; Title 6, Health
and Sanitation; Title 7, Utility Charges and Regulations; Title 8,
Traffic; Title 9, Streets and Sidewalks; Title 10, Boards and Commis-
sions; Titles 11 through 14, Reserved; Title 15, Comprehensive Plan;
Title 16, Zoning Districts; Title 17, General Zoning Regulations; Title
18, Public Works Requirements; Title 19, Building Codes; Title 20,
Review Criteria and Procedures; Title 21, Definitions, together with the
newly revised official zoning map of the City of Edmonds, a copy of
which has been on file with the city clerk for use, examination and
inspection of the public, and together with such other codes as are more
fully referenced in said recodification and recompilation on file in the
office of the city clerk.
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Section 2. There is hereby adopted as a new Chapter 1.01 of
the Edmonds City Code the following:
1.01.005 ADOPTION OF EDMONDS CITY CODE
Pursuant to the provisions of RCW 35A.21.130 and RCW 35.21.500
through 35.21.570, there is hereby adopted the Edmonds City Code as
contained in that certain copy on file in the office of the city
clerk.
1.01.010 TITLE - CITATION - REFERENCE
This code shall be known as the Edmonds City Code and it shall be
sufficient to refer to the code as the code in any prosecution for
the violation of any provisions thereof or in any proceeding at law
or equity. It shall also be sufficient to designate any ordinance
adding to, amending, correcting or repealing all or any part or
portion thereof as an addition to, amendment to, correction of, or
repeal of the Edmonds City Code. Further reference may be had to
the titles, chapters, sections and subsections of the Edmonds City
Code and such reference shall apply to that numbered title, chapter,
section or subsection as it appears in this code.
1.01.015 REFERENCE APPLIES TO AMENDMENTS
Whenever a reference is made to this code as the Edmonds City Code
or to any portion thereof, or to any ordinance of the city, the
reference shall apply to all amendments, corrections and additions
heretofore, now, or hereafter made.
1.01.020 CODIFICATION AUTHORITY
This code consists of all of the regulatory and penal ordinances
and certain of the administrative ordinances of the city, codified
pursuant to RCW 35A.21.130 and 35.21.500 through 35.21.570.
1.01.025 DEFINITIONS
The following words and phrases whenever used in this code shall be
construed as defined in this section unless from the context a
different meaning is intended, or unless a different meaning is
specifically defined and more particularly directed to the use of
such words or phrases:
A. "City" means the city of Edmonds, Washington, or the area
within the territorial city limits of the city of Edmonds,
Washington, and such territory outside of this city over which
the city has jurisdiction or control by virtue of any consti-
tutional provision, or any law.
B. "City Council" means the city council of the city of Edmonds.
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C. "County" means Snohomish County.
D. "Mayor" means the mayor of the city of Edmonds.
E. "Oath" includes affirmation.
F. "Office". The use of the title of any officer, employee, or
any office, or ordinance means such officer, employee, office,
ordinance of the city, unless otherwise specifically designated.
G. "Person" means natural person, joint venture, joint stock
company, partnership, association, club, company, corporation,
business trust, organization, including the manager, lessee,
agent, servant, officer or employee of any of them.
H. "State" means the state of Washington.
I. "Shall" and "must" are each mandatory.
J. "May" is permissive.
K. "Written" includes printed, typewritten, mimeographed, multi -
graphed, or photocopied.
1.01.030 GRAMMATICAL INTERPRETATION
The following grammatical rules shall apply in this code:
A. Gender. Any gender includes the masculine, feminine and
neuter genders.
B. Singular and plural. The singular number includes the plural
and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and
the future tenses and vice -versa.
D. Use of words and phrases. Words and phrases used in this code
and not specifically defined shall be construed according to
the context and approved usage of the language.
1.01.035 CONSTRUCTION
The provisions of this code and all proceedings under it are to be
construed with a view to effect its objects and to promote justice.
1.01.040 TITLE, CHAPTER AND SECTION HEADINGS
Title, chapter and section headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any title, chapter or sec-
tion hereof.
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1.01.050 REFERENCE TO SPECIFIC ORDINANCES
The provisions of this code shall not in any manner affect docu-
ments or other matters of record which refer to, or are otherwise
connected with ordinances which are therein specifically designated
by number or otherwise, and which are included within this code,
but such reference shall be construed to apply to the corresponding
provisions contained within this code.
1.01.060 EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS
Neither the adoption of this code nor the repeal or amendment
hereby of any ordinance or part or portion of any ordinance of the
city shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective
date hereof, nor be construed as a waiver of any license, fee, or
penalty at the effective date and unpaid under such ordinance, nor
be construed as affecting any of the provisions of such ordinance
relating to the collection of any such license, fee, or penalty, or
the penal provisions applicable to any violation thereof, nor to
affect the validity of any bond or cash deposit in lieu thereof
required to be posted, filed, or deposited pursuant to any ordi-
nance, and all rights and obligations thereunder appertaining shall
continue in full force and effect.
1.01.070 REPEAL SHALL NOT REVIVE ANY ORDINANCES
The repeal of an ordinance shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed
thereby.
1.01.080 SUPERSEDURE
All general ordinances of the city inconsistent with this code are
hereby superseded, rather than repealed, and in the event any por-
tion of this code is for any reason found or held to be invalid,
the superseded ordinance shall be revitalized and shall prevail.
1.01.090 EXCLUSIONS
Every special ordinance of this city governing the following
subject matter, whether contained in whole or in part within this
code, is excluded from the operation and effect of Section 1.01.080
and is not affected by the superseding provisions hereof: Annexa-
tions; franchises; naming roads, streets and public places; ac-
quisition or disposal of public property; vacation of streets,
alleys, or public ways; acceptance of any gift, device, license or
other benefit; provided that the foregoing enumeration of excep-
tions or exclusions shall not be deemed to be exclusive or exhaus-
tive, it being the intent and purpose to exclude from repeal any
and all ordinances not of a general nature.
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1.01.100 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING, ETC.
Whenever in this code any act or omission is made unlawful it
includes causing, allowing, permitting, aiding, abetting, suffer-
ing, or concealing the fact of such act or omission.
1.01.110 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this code
is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code. The council declares that it would have passed this
code and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases had been declared in-
valid or unconstitutional, and if for any reason this code or any
portion thereof should be declared invalid or unconstitutional,
then the original ordinance or ordinances shall be in full force
and effect.
Section 3. Severability. If any provision of this ordinance
is held invalid in whole or in part, the remaining portions of this
ordinance shall not be affected.
Section 4. Effective Date. This ordinance and the Edmonds
City Code shall be in full force and effect on and after January 1,
1981. The city clerk shall publish this ordinance by newspaper publi-
cation and by posting.
APPROVED:
Qt-
MAYOR, H. Hi, HARRISON
ATTEST/AUTHENTICATED:
QAt>/ C/,,Ihmeiff ACKA41./
CITY CLERK, IRENE PARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WI THE CITY CLERK: November 13, 1980
PASSED BY THE CITY COUNCIL: December 2, 1980
POSTED: December 3, 1980
PUBLISHED: December 8, 1980
EFFECTIVE DATE: January 1, 1981
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that she is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 3rd day of December , 1980, affiant posted true and
correct copies of the attached Ordinance No. 2183 , passed by the
City Council on the 2nd day of December , 1980, at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 3rd day of
December
, 19.
SUBSCRIBED AND SWORN to before me this 3 day of
. 19 Yd.
Nd'tar " Public in and for the
State of Washing, residing
at bz '�,��
STATE OF WASHINGTON,
COUNTY OF SNOHOIVIISH,
• ORDINANCE N0, 2183
AN. ORDINANCE' OF 'THE •, CITY' OF. EDMONDS,
WASHINGTON, ADOPTING, BY REFERENCE AND
BY CODIFICATION AS PROVIDED.: FOR. AND
PURSUANT TO • THE. REVISED -'CODE OF
WASHINGTON,..,.' A RECOMPILATION • AND
RECODIFICATHE
C TY QF! (( EDMONbSN FOF LA GEN ERAL, EPUBLICT OR
PER(tMAN9NT NATURE AS ANEW EDMONDS'CITYc00E CONSISTING OF TITLE 1, GENERAL • PRO.
VISIONS; TITLE 2 CITYUU- OFFICIAL AND,
,p PERSON-
4, LICE.NS $ , •
TITLE N 5,E PUBLIFINANCE;
S FEETY TITLE
'
MORALS; TITLF'.6, HEALTH ANO SANITATION;
TITLE 7 • UTILIT CHARGES AND REGULATION;
TITLE tl,. 'RAFP'C;• TITLE • 9, STREETS ANO
L'k'� SIDEWA! TITLE 10, BOARDS AND COM•
MISSIONS:.�Ttj LES 11 THROUGH le, RESERVED;
TITLE' 15 iCOMPREHENSIVE.. PLAN; . TITLE 16,
ZONING • DISTRICTS; TITLE 17, GENERAL ZONING
REGULAT7tG1yNNS;- 9IYLE 18, PUBLIC. • WORKS RE.
OUIREMFe11T5; TITLE 19, ,-,BUILDING. • CODES;
TITLE 'R .REVIEW .CRITERIA-AND'PRO.CEDURES; •
AND. TITLE 21,• DEFINITIONS':. ADOPTING • A
REVISED AND UPDATED OFFICIAL ZONING MAP; •
. ADOPTING A NEW CHAPTER "LOTS' PROVIDING •
FECTIVE COD1 AND' . INTERPRE A ION OF CITY'. ORDINANCES, -AND, .PRO •
-
. VIDING PENALTIES. ''
ordinance a5, new, Colmmu60y1• Developmoentt.Co6e Sep
orthe
City of Edmonds,. which Community Development Code is
o portion of the Overall, Edmonds City. Code..as Tllles 15,
16,'17, le,'19,`,re. and 21 thereof, 'and : -
WHEREAS; the' ON Council has olherwlse, othended the
Edmonds City Code by a series; of ordinances' amending
the Edmonds City Code In addition to the newly ad6pled
Edmonds- Community Develobnient Cede; and
WHEREAS,:. the.: Edmonds City Cede Is • hereby 'being
recompiled 'and. Yecoditled. into 'one revised Edmonds City
Code • consisting of the.:prior Edmonds, Clty. Cede ..Os
amended. by,the above referenced. series of amendments
together with ' and Ioc1ua100 new • Titles 15 through 21,
•
ane
WHEREAS, sold new Edmonds. fitly Code wilt be: ton-
' sidered os one newly recompiled and retodilied. Edmonds
City Code,' it will for convenience be fastened into
separate Volumes, for' ease of distributing andselling
functional parts'.to the. public, and, •
WHEREAS, three- copies: of said recompilation and
recadilicotion of. the. Edmonds City Code have been: filed
with the, office. of, the city clerk, , as well • as:. three copies
of this ad0pllng-ordinonce, for exemin6ilOn'.and'use by
Me public, for dnsoection• betiding ; Consideration by the ;
city council prior lo• adoption; and. ' •
WHEREAS, said three copies-of'Said recompilation and
recodification, at: well os sa)'d Three copies of: this ado0.
ling ordinance, Shall be 0ulhenticaled by the sionalure of
tie city. 'clerk ohd be recorded` by"the City Clerk in full
in• the properly indexed book kept for, ' the uur0as° of '
refording all ordinances and •resolbtlool :adopted by the
city council and'winch is ooaildble for insoettlon •by The
public qt' reason0ble ilmes' and "under reasonable ton.
ditions,. and -
WHEREAS, this adopting 'ordinonce Shall be eubllshed'
and duly p6sfed in of least three" public places m the
City of Edmonds, designated by ordinal!, as'tbe OTfid01 l
Posting places for city.nolices and
WHEREAS, the title of tlds 0dopling ordinonce and' the
title of the new Community Development ‘.Code, Con-
stituting Titles 15 throuole 21 of said newly recompiled
and recodllied Edmonds City Code hove received a first
rending by the city council, and
WHEREAS, the city council hos held a public hearing
pursuant to published' and .posted notice 01 same, which
said notice indicoted that the Ordinances of the City of
Edmonds hove been recompiled .and recodllled, and
furthermore indicated that three' copies of such
recompliollon and recodlllcotion hove been. filed In the
office of the city clerk, as well is a copy of this °dea-
ling ordlnonce, and furthermore Indicated the time and
Place of such hearing, and, which sold notice was
published and posted In three public places in he City
el Edmonds, as officially desi0noled by ordinance, not
more than fifteen days nor less than len days prior to
said public hearing, now,. therefore,
THE CITY COUNCIL OE THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN. AS FOLLOWS:'
Section 1. Adoption. There Is hereby adopted by
reference a5 0 Cade find • cdmpllolian, and os' a
recodilicalion, o new Edmonds Clly. Code, which Is a
recompilation and recodilicollon of all ordinances of the
City of Edmonds of 0 'general, oublic • and permanent
nature. as contained In those certain copies on Ilse In
the Office Of the city clerk consisting 01 the following
Niles: Title 1, General Provisions; .Title 2, City Officials
and Personnel; Title 3, Revenue ond Finance; Title 4,
Licenses;
s and Title Sanitation;
TitleSafely. aUtlIty Charoastlaand
Regulations; Title 8, Tr:Mc;. Tllle 9, Streets and
, Sidewalks; Title 10, hoards and Commisslons; Titles 11
through 14, Reserved; ,Title, 15, Comprehenslye Plan;
Title 16, ZOnin. Districts; TBIe. 17, General Zoning
Regulations: HIM18, .Public Works. Reauiremems; Title
19, Building .Codes; Title :I0, Reylew Criteria and Pro-
cedures; Title 21, Definitions, together • with the newly
revised official zoning mho- of the City 0E Edmonds, . 0
copy of which hos. been .on file with the d19 clerk for
use,' examination - and . Inspection 6f the .public, and
together with Such other .codei a6 .Ore more fully
referenced in sold recodificaliOn and recompilation on file
In the office of the city clerk.
Section 2. There Is hereby adopted a5 • ay new. Chapter •
1.01.0051ADOPTION Edmonds
t EDMONDS: CITY (CODE:
Pursuant to' the provisions of RCW 35A.21.130 and
RCW 35.21.500. lhrouoh 35.21.570, there is hereby •
adopted the Edmonds City. Code as contained in that
certain Copy o6 file In the Office of the City clerk.•
1.01.101 TITLE - CITATION - REFERENCE
This code • shall be known as the Edmonds City
Code and it shall •be sufficient to refer to the code
as the code In any prosecution for the violation of
any provisions' thereof 'or in any:proceeding al low •
or equity. It shall also be sufficient to deslgnele any
ordinance gddin0 to, amending,. Correcting or retied,.
Inn all or any part or portion • thereof. Os on .addition
to, amendment to, correction of, or repeal of the Ed•
monds City Code. Further reference may, be hod to
the titles, chapters, sections and s0bsecpons of the
Edmonds City Code and such, reference shall °only
to that numbered title, chapter, section or subsection
os It opoears in this Cade.
1.01.015 REFERENCE, APPLIES TO AMENDMENTS
Whenever 0 reference is mode to this code as the
Edmonds City Code or to any portion thereof, or to
ony ordinance of the city, the reference shall apply
to all amendments," Corrections ond -addillons
heretofore, now, or hereafter Made.
• 1.01.020 CODIFICATION AUTHORITY
This code consists of all Of the regulatory and
penal ordinances and certain of the, ntlminicirntivn
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of the EVERETT HERALD, a daily news-
paper printed and published in the City of Everett, County of Snoho-
mish, and State of Washington; that said newspaper is a newspaper
of general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County, and that the notice
ORDINANCE NO. 2183
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
DEC. 8, 1980
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
9th
Subscribed and sworn to before me this
day of 7, DECEMBER 19 80
U 1 L Notary Public in and for the State of Washington,
residing at Everett, Snohomish County.
me units, cnopters, sections and subsecions of • the
Edmonds City Code add such reference shall apply
to that numbered title, chapter, section or subsection
as It oppears In this code.
1.01.01.5everFa REFERENCE
made O this codeE05 the
Edmonds City Code or to any portion thereof, or to
y toof din cite, amendments,corrections referenceshallsh .additions
heretolbre, now, or hereafter Mode.
1.01.020 CODIFICATION AUTHORITY
This code consists of, all of the regulatory and
penal ordinances and certain of ',the , administrative
ordinances of the city, • codified pursuant to RCW
35A.21.130 and'35.21,500 through 35.21.570..
l.05.065 DEFINITIONS• • '
The
thiscode) shall be constructedr ose definede inr thise sec -
Bon unless -.from the context a .different meaning Is
Intended, or unless o different Meaning Is soecilkaily
defined and more parlicuterly .directed to the use of
such words or'phroses;;
A. "City means Me thy,of Edmonds, Washington,
.or the area within the territorial .Hey limits of the
city of , Edmonds, Wgshington, and such territory
outside of this city over which ,such
city has
lurlsdicllon or control by, virtue of any con-
B. "CityloCouncil'�Hmeonsrthe Vdly councl of the city
'of Edmonds. •
C. "County" means Snohomtsh•'Counly. •
D. "Mayor" .means the • mayor of the city of Ed.
mends.
E. "Oath" includes atirmalion.
F. "Office". The use. of ,the elite of.. onv officer,
employee, or'any office, or ordinance means such
°Ulcer, employee,.. office,, ordlnonce of the city,
unless otherwise specllically designated.
G. 'Person" means nofutal, person: flint venture,
Joint stock company, partnership, association,
club, company, 'corporation,'. business trust,
organization, including the' manager, •lessee, %lent,
servant, officer or employee 'of any of them.
11. "Stale" means the state of 'Washington.
I. "Shall" and- "Must" are.each-mandatory,
J. "May" is permissive..
• K. rinted, tYpeWrigen,
mimeographed, d hed,mules /graphed, Or photocopied.
.01.030 GRAMMATICAL INTERPRETATION
;ode:
fallowing grammatical rules. shall apply In this
lode:
A. Gendas. Any gender -Includes' 'the' masculine,
IeminRle,and neuter genders, •
:;8. Singular and 'plural.. The singular number includes
ih the plural and .the Plural Includes the singular.
!'=� ^iepies._.WOrds�Used In,,tbe_00esent_Yyps_e_ include
-the past and the future. lenses and vice -verso. --
D.• Use • 01' wdidS and phrases. Words and phrases
sus6C In this code and nut spedlkalty dellneg
appr a construed according to the context and
onprm_N�gd usage of the language.
1.01,035 CO. CONSTRUCTION
The ovlslges of this code and all proceedings
under it
arb,80t be constructed with 0 view to effect
Its obiecly and to promote Justice.
1.01.040 TITLE, CHAPTER AND SECTION HEAD-
INGS
Title, eand -section headings contained
herein shall noler deemed to govern, hero, motldy
or In any manner affect the scope, meaning or Intent
of the provisions of any. title, chapter or section
hereof.
1.01.050 REFERENItE TO SPECIFIC ORDINANCES
The provisions of this code shall not In any man-
ner affect documents or other matters 'of record
which refer to, or ore otherwise connected with
ordinances which ore therein specifically designated
by number or otherwise, and which are Included
within this code, but •such reference shall be con-
strued 10 apply 10 the corresponding provisions Con•
tained within this code.
1.01.060 EFFECT OF CODE ON PAST ACTIONS AND
OBLIGATIONS
Neither the atloplian of this code nor the repeal or
amendment hereby of any ordlnonce or part 'or por-
tion of any ordinance of the city shall In any man-
ner affect 'the prosecution for violations of ordinon-
ces, which violations were committed• prior to the' el-
feclivgkdote hereof, not be construed;os a waiver of •
any license, lee, orpenally at the effective dote and
unpaid under such ordinance, nor Be construed as
affecting any of the provisions of such ordinance
reloling°io the collection of any such license, lee, or
Penally, or the penal provisions. appticoble to any
violation thereof, not to affect the vglldity, of any
borsd or cash deposit in lieu thereof rewwired to be
potted, filed, or deposited pursuant to day 'ordinance,
and 'all. rights and obligations thereunder bppertalning
-Shall continue in lull force 'and effect.
1.01.070 REPEAL SHALL . NOT REVIVE ANY
ORDINANCE
The repeal of. an ordinance shall not repeal the
repelling Clouse of Such ordinance or revive any
ordinance which hos been repealed thereby.
1.01.080 SUPERSEDURE
All general ordinances of the city Inconsistent with
this code ' ore hereby superseded.. rather than
repealed, and In the event any portion • of this code
is for any reason found 0r'. held to be• invalid, the
superseded ordinance shall be revitalized and shall
prevail.
1.01.090 EXCLUSIONS
Every special ordinance of this city governing the •
following subject matter, whether contolned in whole
or in pare within 44rhis code, .Is excluded from the
operation and effect'. of Section 1.01.080 and Is not 'af-
fected by . the superseding provisions hereof: An-
nexations; franchises; - naming roads, streets and •
public places; acquisition or disposal of public pro-
perty; vacation of 'streets, alleys, or public ways; ac-
ceptance of any gift, device, license or other benefit;
provided that the foregoing enumeration .of exceptl6ns
or exclusions shall' not be deemed to be exclusive or
exhaustive, it being the Intent and purpose to exclude
from repeal anyand all ordinances not of o general
nature.
1.01.100 PROHIBITED 'ACTS INCLUDING CAUSING,
PERMITTING ETC.
Whenever In this code any act or omission Is made
Unlawful It includes causing, allowing, permitting. ,
aiding, abetting, suffering, or concealing the fact of
such act or. omission.
1.01.110 SEVERABILITY
If• any, section, subsection, sentence, clause or
phrase of this code Is for any reason held to 'be In-
valid or unconstitutional such decision shall not affect
the validity • of the remaining portions of this code.
The council declares that ll would have passed this
code and each section, subsection, sentence, clause
and phrase thereof, Irrespective of the fact that onv
one or more sections, subsections, sentences, Mouses
or phrases • hod been declared invalid or un-
constitutional, and it for any reason this code or any
portion thereof should be declored invalid or un-
constitutional, then the original ordinonce or
ordinances shall be in lull force and effect.
Section 3. Severabililv.' If any , provision of this
ordinance is held invalid in whole or In part, the
remaining porllons of .Ibis ordinance shall not be ol-
Iecled.
Section 4. Effective Date. This ordinance and the Ed-
monds City Code shall be in full force and effect on and
after 'January 1, 1981. The city clerk shall publish This
ordinance by newspaper publication antl by posting.
APPROVED:
JOHN NORDOUIST, PROTEM
MAYOR. H.H. HARRISON
ATTEST/AUTHENTICATED:
IRENE VARNEY MORAN
CITY CLERK,
APPROVED AS TO FORM:
OFFICE OF THE. CITY ATTORNEY:
BY WAYNE TANAKA .
FILED WITH THE CITY - CLERK: November 13, 1980 .
PASSED BY THE CITY COUNCIL: December 2, 1980
POSTED: 'December 3. 1980
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
• ORDINANCE NO. 2183
AN. ORDINANCE OF .THE CITY OF EDMONDS,
WASHINGTON, ADOPTING BY: REFERENCE .AND.
BY ' CODIFICATION AS PROVIDED FOR.. AND
PURSUANT TO ,THE REVISED CODE. OF
WASHING.TON,.,.` A RECOMPILATION , AND
RECODIFICAT ON- OF .ALL ORDINANCES• OF THE
CIT.y OF,..EDMONDS 'OF . A GENERAL,, PUBLIC OR
PERMANENT NATURE; AS ANEW EDMONDS'CITY
CODE CONSISTING OF, TITLE 1, GENERAL • PRO-
VISIONS TITLE 2, CITY. OFFICIAL AND PERSON-
NAL; TITLE .3, REVENUE AND FINANCE; TITLE
4, LICENSES; .TITLE 5, . PUBLIC -SAFETY -AND '
MORALS;
UTILIT 6CHARGES AND REGULATION;
TITLE ,,8, RAF 1C; TITLE 9 STREETS AND
SIDEWAi:K ''TITLE •.10,- BOARDS AND COM-
MISSIONS; " TITLES 11 THROUGH 14, RESERVED;
TITLE '15; COMPREHENSIVE PLAN; TITLE 16,
ZONING: DISTRICTS; TITLE 17, GENERAL ZONING
REGULAT5QN ; •.TITLE 18,'.PUBLIC. WORKS ''RE-
OUIREMENTS; ' TITLE • 19, BUILDING. • CODES; .
TITLE.20.REVIEW CRITERIA. AND 'PRO.CEDURES;
AND TITLE 21,•: DEFINITIONS; ADOPTING •A
REVISED AND UPDATED .OFFICIAL ZONING MAP; r
ADOPTING A NEW CHAPTER 1.0,1,, PROVIDING.
FOR CODIFICATION OF CITY'. ORDINANCES, EF- •
FECTIVE AND';.INTERPRETATION; AND :,PRO-
. VIDING 'PENALTIES.
• WHEREAS, the city Council has adopted • by separate
ordinance a new Community Development Code for :the
City of ,Edmonds, which Community Development Code is
a portion of the overall. Edmonds City. Code as Titles 15,
16, 17, 18, • 19,,20: and 21 thereof, and
WHEREAS; the city Council has otherwise amended the
• Edmonds City Code by a series, of ordinancesamending •
the Edmonds City Code in addition to the newly .adopted
Edmonds Community bevelopmeent Code; and •
WHEREAS, the Edmonds. City Code 'is• hereby being
recompiled' anal • recodified. into 'One revised Edmonds --City
Code • consisting of the 'prior Edmonds- City Code' os
amended-by',the above referenced series of amendments
together with • and including new Titles 15 through 21,
and •
WHEREAS, said new Edmonds City Codewill be:'con-
' sidered as one newl9'recomplied .and recodified Edmonds
City Code, it will tor convenience be fastened: into
' separate volumes- for ease . of distributing and .• selling
functional parts' to the -.public, .and -
WHEREAS, .three' copies: of said recompilation : and
recodification of the , Edmonds' City. Code have •been tiled
with the, office- of: the city clerk,.. .as.. well as. - three copies
of this, adopting. ordinance, for exominatlon and use by
the public, for inspection pending ,consideration by' the
city council prior to: adoption,- and -
WHEREAS, said three copies of said recompilation and
recodificotion, a5' well as said three copies of this adop= •
ling ordinance, .shall -be:authenticated by the signature of .
the city. clerk and be recorded: by the city clerk in full ;
in; the properly indexed book kept for 'the purpose of. '
ryr:ording 911ordinances and •resolutions adopted by the
city council and' which- is.avoiloble for inspection'by the
public 'et'-reasonabletimes ' and under reasonable ton-
,
• dltions,. and •
.
WHEREAS, this adopting ordinonce shall be published'
and duly posted in at least three oubilt places in the
City of Edmonds: designated' by ordinance as :the official .
posting places for -city _notices, and . - .•
WHEREAS, the 'title of this adopting -ordinance•'and' the
title of the new Community Development 'Code, con-
stituting Titles 15 through 21 of said newly.• recompiled'
and recodtfied Edmonds Clty Cede have received a first
reading by the city council, and
WHEREAS, the city -council hos held a public hearing
pursuant to published and .postednotice of same, • which
said notice indicated that the..ordindnces of the City of
Edmonds ' hove been -- recompiled and - recodifled, and
furthermore' indicated •.that three' copies 'of. such
recompilation and• recodification hove been. filed in the
Office of the »city clerk, .a;; well os o copy of this odop-
Ting ordinance, and furthermore.• indicated' .the time and
place of such hearing, ands which sold notice wos
published and posted In three public places' in the City
of Edmonds, os officially designated by ordinonce, not
more than fifteen days nor less than tendays prior to
said public hearing, now,. therefore, - THE CITY COUNCIL OF,.THE CITY OF •EDMONDS,
WASHINGTON, DO ORDAiNN'..ASFOLLOWS:'
Section 1. Adoption. There is hereby adopted by
,code as a de and' compllatlon,- and as' a
recodification, a new Edmonds City. Code,which is a
recompilation and recodification of all ordinances of. the
City of Edmonds of a.'generol, public' and permanent
nature, as contained; in Those certain copies on file in
the office of the city clerk consisting of the' following
titles: Title .,1, General Provisions; .Title 2, City Officials
and Personnel; • Title 3, Revenue and -,Finance; Title, 4,
Licenses; Title. 5,. Public Safety _and'• Morals; Title 6,
Health and Sanitation; Title 7,. Utility Charges' •ond
.Regulations; • Title 8, Traffic;. .Title 4, streets and
Sidewalks; Title 10, Boards • and .. Corhmisslons;Titles 11
through- 14, Reserved; Title._ 15, Comprehensive . -Plan;
Title 16, Zonino Districts; Title,17, General 'Zoning
RegUlotions; Title 18, .Public Works Reaulrements;. Title
19, Building .Codes; Title • 20, Review Criteria and Pro-
cedures; Title 21, Definitions, together with the newly
revised: official zoning mop of the City of: Edmonds, .o
copy of which hos. been .on file with the city clerk for
use, examination and inspection. of the ,public, and
together. with such other :codes as .ore more fully
referenced in sold recodification» and recompilation on -file
In the office .of the. city clerk.
Section• 2, There 'is hereby adopted as a,' new, Chapter
1.01 of .01.005tADOPTIONhe sOF�tEDMy ONDS'CITY CODE;
Pursuant-to•the previsions of RCW. 35A:21.130 and
RCW 35.21.500. through 35:21.570,. there is hereby •
adopted the Edmonds Clty. Code 'as contained in that
certain copy on file: in the Office of the ‘:city clerk. •
' 1.01.101 ,TITLE - CITATION. REFERENCE :
This 'code •shall be known as the Edmonds:.City
Code and it' shall be sufficient 10 refer to the code
• as the code in any prosecution for the violation of .
any provisions ' thereof 'or in any`proceeding at law .•
or equity. It shall also be sufficient' to designate any
ordinance -adding to; amending,, Correcting Or repeal-
Ing all or any part or portion thereof as ; an- addition
to, amendment to, correction. of, 'or repeal of the Ed-
monds City Code, Further reference may be hod to
the »titles, 'chapters, sections and subsections of.' the
Edmonds City Code and such. reference •shall apply
to that numbered' title, chapter, section or subsection
os it appears in this code.
1.01.015 REFERENCE. APPLIES TO AMENDMENTS
Whenever o reference is mode to .this code as the
Edmonds City Code 'or to any portion thereof, or to
any ordinance of the city, the reference Shall opply
to all amendments,' corrections • and .additions
heretofore, now, or hereafter made.
1.01.020 CODIFICATION AUTHORITY
This code consists of, all of the regulatory and' •
penal ordinances and certain of :the administrative
ordinances of the city, codified pursuant. to ,RCW
Bie 01.19n ,...,d'Oc 91'Cnn 1hrnu..,. OG'13 cvn
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of the EVERETT HERALD, a daily news-
paper printed and published in the City of Everett, County of Snoho-
mish, and State of Washington; that said newspaper is a newspaper
of general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County, and that the notice
ORDINANCE NO. 2183
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
DEC, 8, 1980
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
9 th
Subscribed and sworn to before me this
day of
1l(.
Notary Public in and for the State of Washington,
residing ,at Everett, Snohomish County.
19 80,
,.DECEMBER
e comes, crimpers, sections and subsections of the
Edmonds'City Code and such, reference shall apply
10 that numbered title, chapter,. Section or subsection -
as it 'obpears 9n this .code.
1,01.015 REFERENCE APPLIES TO AMENDMENTS
Whenever a reference is made -,to .this code as .the
Edmonds City Code or to (AV portion thereof,- or to
any ordinance of 'the • city, the reference shall •apply
to • ail amendments,' .corrections'•and .additions
heretofore, now, or hereafter Made.
• 1.01.020 CODIFICAT.ION AUTHORITY,
This ..code consists of, all of -the regulatory and
penal 'ordinances and certoin of ;the adniinisirative •
ordinances of the city, codified pursuant to• .RCW
33A.21:130 and'35.21.500 through 35.21.570. •
-
1.ui.u'lS .DEFINITIONS.
The following words -sand phrases whenever used. in
this code shall be constructed -as defined' in this sec-
tion unless •.from --the context a .different meaning is
intended, or unless adifferent meaning is specifically
defined and more ,00rticuIariy directed to the use of.
sutn weeds 'or phrases:
A. "City means the city'.. of"Edmonds.- Washington,
,or the area within the territorial city limits of the
city • 0f ,Edmonds,' Washing/on,. and such territory
outside of • this clay: over ' Which the • city hos
IuriSdiction or • control by. virtue'. of..any con-
stitutional provision,. or any tow.
B.. "Clty' Council" means the - city ,council • Of the clty
'of Edmonds.
C. "County" means Snohorilish•'county.-
D. "Mover" .means the mayor of the city of Ed-.
monds..
E. "Cloth" includes affirmation.
F. "Office", The • use . of the title .of ony officer,
employee, or any office, or ordinance- means. such
officer,. employee,.. office, ordinance .of the city,
unless otherwise specifically. designated. G. "Person" means. natural, person; -:'taint Venture,
• taint stock company, partnership, -association,
club, company,'corporation,'. business frost,''
organization, including the' mandper; -lessee; agent,
servant,. officer or employee of .any of them..
H. "State" means the. state or Washington.
I. "Shall" and' "must" are'. each.. mandatory,
J. "May". Is permissive. -
• K. "Written" incledes printed, mimeographed, or p
mimhotocopied..
..01.030 GRAMMATICAL. INTERPRETATION •
The following grammatical rules shall apply In this
ode:
A., Gender;,, Any gender includes'' the masculine,
feminitle,and neuter genders. '
;:El, Singular and plural. The singular number includes
fig the plurol and .the. plural includes the .Singular,
{- . "Teases, Wards used- tn„the present tense_ include
.the pastond the future.. tenses and vice -versa. ---
D. Use .'ofwerd5 and phrases. Words and- phrases
used' in this code and not specifically defined
shbfl,, a construed according to the context and
• aper d usage .of the language.
.1.01.035' CONSTRUCTION
The provisions of this code and all proceedings
under it ar'e.:lto' be constructed with a view to effect
its oblects arid to promote Justice.
1.01.040 TUT'LE, CHAPTER AND SECTION HEAD-
INGS
Title, chapter'4•`"6nd section .headings contalned
herein shall not lie deemed to govern, limit modit9
or in any• manner offect the 'scope, meaning or intent
of the provisions of any. title, chapter or section
hereof.
1,01.050 REFERENCE TO SPECIFIC ORDINANCES
The provisions of this code shall not In any man-
ner affect documents or .other matters 'of record
which refer to, or are otherwise connected with
ordinances which are therein specifically designated
bv' number. or otherwise, and which ore included
within this code, but •such reference shall be con-
'strued 10 apply t0. the corresponding provisions con-
tained within this code.
1.01.060 EFFECT OF CODE ON PAST ACTIONS AND
OBLIGATIONS
Neither the. adoption of this. code nor the repeal or
• amendment hereby of onv ordinance or part 'or por-
tion of any ordinance. of the city snail In any man-
ner affect: the prosecution for violations of o.rdinon-
• ces, which violations were - committed - prior • to the'et-
fective{1'date hereof, not be construedyns a waiver of
onv license, fee,. or. penalty at the effective date and
unpaid under such ordinance, nor Pe construed cis
affecting any of the provisions of ,.Such ordinance
relatingPto the collection of any such license, fee, or
penalty, or the. penal provisions. applicable to any
violation thereof,' not to affect the v91I, 9, of any
bard or cash deposit • in lieu thereof retired to be
• po fed, filed, or deposited pursuant to •a 'ordinance,
and'all-.•rights and obligations thereunder hppertaining
-shall continue In • full force 'and effect. -
1.01.070 REPEAL 'SHALL . NOT REVIVE ANY
ORDINANCE
The repeal of, an ordinance shall not- repeal the
repealing clause of such ordinance or 'revive any'
• ordinance which has been repealed thereby.
1.01.080 SUPERSEDURE •
All general 'ordinances ofthecity inconsistent with
this 'code 'ore hereby superseded,. rather than
repealed, and in the event any • portion of this code
is for- any reason found or'. held -to be. invalid, •the
superseded ordinance shall. be revitalized and shall ,
prevail •-
1.01.090 EXCLUSIONS
• Every special ordinance of. this • city governing the
following subject mptter, whether contoined in whole
or in part, -within''thls 'code,. .is excluded. from the
Operation and effect '.of Section ,1.01.0.80 ..and is n01 "-at- .
fected by :the. superseding I provisions • hereof: An-
nexations;. -franchises;• naming :roods', —streets - and
public places; acquisition' or .disposal of public pro •
-
perty; vacation-of'sireets. alleys, or ,public ways; ac-
ceptance of any gift,' device, license or' other benefit;,
provided thatthe foregoing enumeration'.of exceptions.
or exclusions • shall' not be deemed to be exclusive ar
exhaustive, it 'being the -intent and. purpose to exclude
from repeal any..and alt ordinances not of a general •
nature.' -
1.01.100 PROHIBITED, 'ACTS INCLUDI.NG CAUSING,
PERMITTING ETC. .
Whenever in this code any act or omission is - made
Unlawful it Includes causing, ' allowing, permitting,
aiding, abetting, suffering, Or concealing the fact of
such act or. omission. -
1.01.110 SEVERABILITY ' •
If any section, subsection, sentence,- clause or
phrase of, this code Is for any reason held- to 'be ' In-
valid or unconstitutional such decision shall not affect'
the ,validlty ..of the remaining portions of • this code.
The • council . declares that it would have passed this
code and each section, subsection, sentence,. clause
and phrase. thereof, irresoective of the fact that any •
one or more sections; subsections, sentences, 'clauses
or 'phrases. had been declared invalid or un-
constitutional, and If for any reason this code' or any
portion thereof should be declared invalid or un-
constitutional, . then the original ordinonce or
ordinances shall be in full force and effect.
Section 3. SeverobilitV.' If any , provision of this
ordinance Is held invalid in . whole or in part, the
remaining portions .of .this ordinance shall not be af-
fected. •
Section 4. Effective Date, This ordinance and the Ed-
monds City Code shall be • in full force and effect on arid
after 'January 1, 1981.' The city clerk shall publish this
ordinance by newspaper publication and by oosting.
APPROVED;
JOHN NORDQUIST, PROTEM
MAYOR, H.H. HARRISON
ATTEST/AUTHENTICATED:
IRENE VARNEY MORAN
CITY CLERK,
APPROVED AA TO FORM:
OFFICE OFT E.CITY.ATTORNEY:
BY WAYNE TANAKA .
FILED WITH -THE CITY' CLERK: November 13, 1980
PASSED BY THE. CITY COUNCIL: December. 2, 1980
POSTED: 'December 3,. 1980
EFFECTIVE DATE: January 1, 1981