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STF2021-0023 Zoning Confirmation 22604 Edmonds WayCITY OF EDMONDS 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION fhC. 18y'i July 19, 2021 Millman Planning & Zoning 30650 Pinetree Rd, Ste 14 Pepper Pike, OH 44124 zoningkmillmanland.com Subject: Zoning Confirmation Letter for 22604 Edmonds Way, Edmonds, WA 98020 (Parcel # 27032500310500) File Number STF2021-0023 Project Reference # MZ 19444 Property Address: 22604 EDMONDS WAY Parcel ID # 27032500310500 City/State: Edmonds, WA Current Use Veterinary Hospital/Clinic 1. What is the current zoning of the property? The current zoning of the subject property is Neighborhood Business (BN) pursuant to Edmonds Community Development Code (ECDC) Chapter 16.45. Refer to Attachment 1 for a zoning and vicinity map. Additionally, refer to the enclosed copy of ECDC 16.45 (Attachment 2) for information on the allowed uses and applicable development regulations for the CG zone. 2. According to the zoning ordinances and regulations of this district, the use of the subiect property is a• Current Use: Veterinarflospital/Clinic Permitted Use by Right 3. Adiacent urouerty zoning designation: North: 226t1i St SW, BN (Neighborhood Business) South: Single Family, RS-8 East: BP (Planned Business) West: Single -Family Residential, RS-8 4. Conformance: If the subject property is found to be non -conforming to the current zoning requirements, the following statement would apply: Would be considered Legal Non -Conforming. No nonconforming issues have been identified at this time. 5. Information regarding variances, special permits/exceptions, ordinances, site plans or conditions: There do NOT appear to be any variances, special permits/exceptions, ordinances, site plans, or conditions that apply to the subject property. Are there any plans for road construction that would result in condemnation or taking of the right-of-way from the subiect property? There do NOT appear to be any plans for road construction that would result in condemnation or taking of the right-of-way from the subject property. 6. Rebuild: In the event of casualty, in whole or in art, the structure located on the subject property: Further study of the site against the current provisions of the BN (Neighborhood Business) zone is necessary in order to conclusively determine if any nonconforming issues exist. Any existing nonconforming issues would be subject to the nonconforming regulations and "rebuildability" requirements of ECDC Chapter 17.40. 7. Code Violations Information: There do NOT appear to be any open zoning, building, or fire code violations which apply to the subject property. 8. Certificate of Occupancy, status: A valid Certificate of Occupancy has been issued for the subject property; however, we are unable to locate a copy in our records. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the property. A new owner is NOT required to obtain an updated Certificate of Occupancy prior to use. 9. If the property is part of a planned unit development (PUD), or required a pre -approved site plan, please include a copy of the site plan. The property is not part of a planned unit development. This information was researched on July 19, 2021, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon or relates to the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. If you have any other questions regarding this property, please let me know either at Amber. Groll(k edmondswa. gov. Sincerely, Amber Groll Planner City of Edmonds Planning Division Encl: Zoning and Vicinity Map Chapter 16.45 ECDC: BP -Planned Business Chapter 17.40 ECDC Nonconforming Uses, Buildings, Signs, and Lots City of Edmonds STF2021-0023 T R-3 14TH 181AV 5-vv Legend 13 Rezones PRD ................. ................. ................. RS-MP 0 :650 RoW Zoning RS-6 RS-8 2 2 61H ST SW2a RS-10 RS-12 15C RSW-12 RS-20 22606 Lr) El RS-MP 22616 C:) 0 22 6TH PL 04?4 RIV-3 RM-2.4 ■ RIV-1.5 RM-EW BD1 22624 26� 2262kS-8 BD2 BD3 22630-1— O r-4 C:) 22631 0 \ BD4 3D5 OR r- WMU 22704 22703 BP BN FVIVIU 22712 22711 1:1,516 BC Notes 10411 22604 Edmonds Way 126.30 252.6 Feet 2,257 188.1 This map is a user generated static output from an Internet mapping site and is for Edmonds, WA 98020 Web —Mercator —Au reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION City of Edmonds FpM Fp ��0 6� . 540 1 26OS 1 22 1 i�70F> 71 ,i,�624 22615 2261 .� C, 2262W Z2�' I2611 �Y2103 -]� 227� f 22703 22711 LLi 22 22711 22719 z27z 22719 �/ 22728 22129 e+ +�g22K7 Fr 22740 228 STF2021-0023 1i La pprr-�—� 11N&Xk11 1 0 1� ! 10415 10421 1 14'7 801 C7 Q� ,�y IBA' 1 1504 1� 1506 151� L 1: 3,031 O 252.60 505.2 Feet 376.2 This ma is a user generated static output from an Internet mapping site and is 1 4,514 P B p PP B reference only. Data layers that appear on this map may or may not be accural GS 1984 Web Mercator_Auxiliary-Sphere current, or otherwise reliab City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC Lyn ® MTe-, �• Legend Notes 22604 Edmonds Way Edmonds, WA 98020 7/19/2021 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS Sections: 16.45.000 Purposes. 16.45.010 Uses. Chapter 16.45 BN — NEIGHBORHOOD BUSINESS 16.45.020 Site development standards. 16.45.030 Operating restrictions. 16.45.000 Purposes. The BN zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas, for those retail stores, offices, retail service establishments which offer goods and services needed on an everyday basis by residents of a neighborhood area; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings. 16.45.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those uses requiring a conditional use permit as listed below; 3. Offices and outpatient clinics, excluding commercial kennels; 4. Dry cleaning stores and laundromats; 5. Small animal hospitals; 6. Churches, subject to the requirements of ECDC 17.100.020, 7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); https://www.codepublishing.com/WA/Edmonds/#!/Edmondsl 6/Edmondsl 645.html#16.45 1 /4 7/19/2021 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS 8. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of 6,000 square feet; 4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with any local public facility allowed by this section. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Drive-in businesses; 3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 4. Convenience stores; 5. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 6. Day-care centers; 7. Hospitals, convalescent homes, rest homes, sanitariums; 8. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033, https://www.codepublishing.com/WA/Edmonds/#!/Edmondsl6/Edmondsl645.html#16.45 2/4 7/19/2021 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS 9. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 10. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a facility meeting the criteria listed under subsection (C)(6) through (10) of this section. [Ord. 3353 § 3, 2001; Ord. 3269 § 1, 1999*; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988; Ord. 2283 § 4, 1982]. *Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.45.020 Site development standards. A. Table. Minimum Minimum Lot Area Lot Width Minimum Minimum Minimum Street Side Rear Setback Setback Setback Maximum Maximum Floor Area Height BN None None 20' None1 None1 25' 3 sq. ft. per sq. ft. of lot area 1 Fifteen feet from lot lines adjacent to R-zoned property. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. C. Screening. The required setback from R-zoned property shall be permanently landscaped with trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. D. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050, and reviewed by the architectural design board. [Ord. 3846 § 1, 2011; Ord. 2526 § 5, 1985]. 16.45.030 Operating restrictions. A. All uses shall be carried on entirely within a completely enclosed building except: 1. Public utilities and parks; https://www.codepublishing.com/WA/Edmonds/#!/Edmondsl6/Edmondsl645.html#16.45 3/4 7/19/2021 Chapter 16.45 BN — NEIGHBORHOOD BUSINESS 2. Off-street parking and loading areas and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3320 § 2, 2000]. https://www.codepublishing.com/WA/Edmonds/#!/Edmondsl6/Edmondsl645.html#16.45 4/4 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 1 of 11 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS' Sections: 17.40.000 Purpose. 17.40.010 Nonconforming uses. 17.40.020 Nonconforming building and/or structure. 17.40.023 Amnesty for certain long -existing wireless communication facilities. 17.40.025 Vested nonconforming or illegal accessory dwelling units. 17.40.030 Nonconforming lots. 17.40.040 Nonconforming signs. 17.40.050 Nonconforming local public facilities. 17.40.060 Setback exemption. 17.40.000 Purpose. The purpose of this chapter is to allow certain nonconforming uses, buildings, signs and lots to continue while limiting the continuation of certain aspects of nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. [Ord. 3696 § 1, 2008]. 17.40.010 Nonconforming uses. A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations, but is no longer allowed, due to the passage or later change of the ordinance codified in this chapter or a prior ordinance. B. Continuation. A nonconforming use may continue, unless required to be abated by subsection (C) of this section, but it may not be expanded in any way, including additional lot https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 2 of 11 area, floor area, height, number of employees, equipment, or hours of operation, except as otherwise provided in ECDC 17.40.050. C. Lapse of Time. 1. If a nonconforming use ceases for a period of six continuous months, any later use of the property occupied by the former nonconforming use shall conform to this zoning ordinance. Uses such as agricultural uses, which vary seasonally, shall be deemed abandoned if the seasonal use is not utilized during one full season consistent with the traditional use. 2. If a nonconforming residential use ceases because its building is damaged in excess of 75 percent of its replacement cost, the use may be reestablished if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date such damage occurred. After the application has been filed, only one 180-day extension may be granted. 3. The right of reestablishment of use described in subsection (C)(2) of this section shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agent. In the event that subsection (C)(3)(a) or (b) of this section apply, the nonconforming use shall be abated if damage exceeds 25 percent of replacement cost. "Replacement cost" shall be determined as provided in ECDC 17.40.020(F) D. Conditional Uses. A legal use does not become nonconforming because the zone in which it is located is changed to a zone district which requires a conditional use permit for the use. However, the use may not be expanded, as provided for in subsection (B) of this section, without obtaining a conditional use permit. [Ord. 4151 § 1 (Att. A), 2019; Ord. 3696 § 1, 2008]. https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 3 of 11 17.40.020 Nonconforming building and/or structure. A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. B. Continuation. A nonconforming building or structure may be maintained and continued, unless required to be abated elsewhere in this chapter or section, but it may not be changed or altered in any manner which increases the degree of nonconformity of the building except as expressly provided in subsections (C) through (1) of this section. C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council -approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. D. Maintenance and Alterations. 1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted. https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 4 of 11 2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar energy installation mounted on a nonconforming building that exceeds the existing height limit may be approved as a Type II staff decision if: a. The installation exceeds the existing roof height by not more than 36 inches. b. The installation is designed and located in such a way as to provide reasonable solar access while limiting visual impacts on surrounding properties. 3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site development and bulk standards, and which do not expand any nonconforming aspect of the building, shall be permitted. 4. In an effort to provide modular relief, minor architectural improvements in commercial and multifamily zones may encroach into the nonconforming setback adjacent to an access easement or public right-of-way not more than 30 inches. Minor architectural improvements may also be permitted in nonconforming side or rear yard setbacks only if they intrude not more than 30 inches nor one-half of the distance to the property line, whichever is less. "Minor architectural improvements" are defined as and limited to bay windows, eaves, chimneys and architectural detail such as cornices, medallions and decorative trim. Such improvements shall be required to obtain architectural design review. Nothing herein shall be interpreted to exempt such improvements in compliance with the State Building and Fire Codes. 5. Alterations required by law or the order of a public agency in order to meet health and safety regulations shall be permitted. E. Relocation. Should a nonconforming building or structure be moved horizontally for any reason for any distance, it shall thereafter come into conformance with the setback and lot coverage requirements for the zone in which it is located. Provided, however, that a building or structure may be moved on the same site without full compliance if the movement reduces the degree of nonconformity of the building or structure. Movement alone of a nonconforming building or structure to lessen an aspect of its nonconformity shall not require the owner thereof to bring the building or structure into compliance with other bulk or site development standards of the city applicable to the building or structure. https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 5 of 11 F. Restoration. 1. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. within 18 months of the date such damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. 2. Residential Buildings. Existing nonconforming buildings in use solely for residential purposes, or structures attendant to such residential use, may be reconstructed without regard to the limitations of subsections (E) and (F) of this section, if, but only if, the following conditions are met: a. If a nonconforming multifamily residential building or a mixed use building containing multiple residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction, the building may be restored to the same density, height, setbacks or coverage as existing before the destruction or damage occurred if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. b. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 6 of 11 conforming neighboring lot or building would be limited by such remodel or reconstruction. c. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. d. A nonconforming residential single-family building may be rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. Substantial compliance shall be determined by the city as a Type II staff decision. The decision of the hearing examiner shall be final and appealable only as provided in ECDC 20.06.150. 3. The right of restoration shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or owner's agents; or c. The building was demolished for the purpose of redevelopment. G. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. H. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BD5 zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030 (B). https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 7 of 11 I. The antenna and related equipment of a nonconforming wireless communication facility may be completely replaced with a new antenna and related equipment; provided, that, upon replacement, the applicant shall use the best available methods and materials to enhance the appearance of the antenna and related equipment and/or screen it from view in a manner that improves the visual impact or the conspicuity of the nonconformity. [Ord. 4154 § 6 (Att. D), 2019; Ord. 4151 § 2 (Att. A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 2008]. 17.40.023 Amnesty for certain long -existing wireless communication facilities. A. Any wireless communications facility that was established prior to August 5, 1998, and does not conform to the current standards of Chapter 20.50 ECDC shall be treated as a legal nonconforming wireless communication facility regardless of whether the original establishment of that wireless communication facility complied with applicable code that existed at the time of such establishment. B. The owner of such a facility must present substantial evidence that conclusively demonstrates that the wireless communications facility existed on or before August 5, 1998. C. All maintenance and alterations may be made in accordance with ECDC 17.40.020. [Ord. 3962 § 1, 2014]. 17.40.025 Vested nonconforming or illegal accessory dwelling units. A. Illegal or nonconforming accessory dwelling units which registered with the city during the registration period which ended October 16, 2000, at 5:00 p.m. are hereby declared to be legal nonconforming detached and attached accessory dwelling units (ADU). Accessory dwelling unit (ADU) is defined in Chapter 20.21 ECDC. B. Once registered, a formerly illegal or nonconforming ADU shall enjoy all the protections and privileges afforded to a nonconforming building under the provisions of ECDC irL1111011] C. Legal nonconforming units which received a permit certificate confirming such status and listing the physical dimensions and other characteristics of the structure may be continued in accordance with such permit certificate. https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 8 of 11 D. Failure to register a structure within the time period established by the provisions of this section shall be considered to be presumptive proof that such a unit is an illegal unit and subject to abatement. The owner of such structure may overcome such a presumption only by presentation of substantial and competent evidence which establishes the legal nonconforming nature of such building by clear and convincing evidence that the structure was permitted by Snohomish County or the city of Edmonds, was permitted by such agency and was in complete compliance with the applicable provisions of state law and county or city ordinance, at the dates such construction was initiated and was completed. [Ord. 4154 § 7 (Att. D), 2019; Ord. 3696 § 1, 2008]. 17.40.030 Nonconforming lots. A. Definition. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development. B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of the district, so long as all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. In order to be developed a nonconforming lot must meet minimum lot size standards established by the provisions of this code, subject to the provisions of subsection (D) of this section. C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is to be and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code, except as specifically provided in subsection (D) of this section. https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 9 of 11 D. Exception for Single -Family Dwelling Units. An applicant may build one single-family residence consisting of no more than one dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: 1. In an IRS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject property is located; and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development; and c. Existing housing stock will not be destroyed in order to create a new buildable lot. Lot Area Table Lot Sized % Needed Zone Needed for for Legal Lot Legal Lot (1) RS-20 60% 12,000 (2) RS-12 70% 8,400 (3) RS-10 75% 7,500 (4) RS-8 80% 6,400 (5) RS-6 90% 5,400 2. An applicant applies for necessary permits to construct the unit within five years of the date the lot or parcel was annexed into the city and the lot or parcel was lawfully created under provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of Washington; or 3. An applicant may remodel or rebuild one residence on a nonconforming lot without regard to the 75 percent destruction requirement of ECDC 17.40.020(F) if a fully completed building permit application is submitted within one year of the destruction of https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 10 of 11 the residence and all other development requirements of this code are complied with; or 4. The lot lines defining the lot or parcel were recorded in the Snohomish County recorder's office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way which meets the minimum requirements established by this code. [Ord. 3696 § 1, 2008]. 17.40.040 Nonconforming signs. Nonconforming signs are injurious to health, safety and welfare and destructive of the aesthetic and environmental living conditions which this zoning ordinance is intended to preserve and enhance. Nonconforming signs shall be brought into compliance with the provisions of Chapter 20.60 ECDC under the following terms and conditions: A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, except as provided below. The following acts are specifically permitted and shall not in and of themselves require conformance with the provisions of Chapter 20.60 ECDC: 1. Normal maintenance of the sign; 2. A change in the name of the business designated on the sign; or 3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident or an act of God. B. Any nonconforming sign shall be brought into immediate compliance with the code in the event that it is expanded in violation of subsection (A) of this section. C. None of the foregoing provisions relating to permitted maintenance, name change or preservation of the sign under subsection (A) of this section shall be construed so as to permit the continuation or preservation of any nonconforming off -premises sign. [Ord. 3696 § 1, 2008]. 17.40.050 Nonconforming local public facilities. https://www.codepublishing.com/WA/Edmonds/ 7/19/2021 Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 11 of 11 A. Local Public Facilities. Existing legal nonconforming local public facility uses, buildings, and/or signs, owned and/or operated by local, state, or federal governmental entities, public service corporations, or common carriers (including agencies, districts, governmental corporations, public utilities, or similar entities) may be expanded, enlarged, altered, or modified, subject to review under Chapter 20.16 ECDC, Essential Public Facilities. [Ord. 3696 § 1, 2008]. 17.40.060 Setback exemption. A. Notwithstanding the current criteria in the ECDC relating to residential building setbacks, development projects in areas annexed by the city of Edmonds from unincorporated Snohomish County since January 1, 1994, with building permits from Snohomish County that were valid on the effective date of the annexation, but which have subsequently expired without final approval, shall be exempt from the setback requirements specified in ECDC 16.20.030 and 16.30.030; provided, that the development projects are (1) residential in nature; (2) located in residentially zoned areas of the city of Edmonds; (3) meet setback requirements of the then -current Snohomish County code in effect on the effective date of the annexation; (4) consistent with the plans approved by the county (it will be the applicant's responsibility to provide the city with evidence that the project was approved by the county); and (5) compliant with all other applicable criteria in the current ECDC. B. Nothing in this section shall be interpreted to allow any development project in the city of Edmonds, for which a valid building permit from the city is required under the current ECDC, to begin, proceed or be completed without the same. [Ord. 3756 § 1, 2009]. 1 Ord. 3696 enacted Chapter 17.40 ECC on August 31, 2008. Prior legislation: Ords. 2292, 2429, 2936, 3024, 3153, 3247, 3283, 3300, 3327, 3353 and 3515. https://www.codepublishing.com/WA/Edmonds/ 7/19/2021