Ordinance 2292MAE/lc
3/30/82
ORDINANCE NO, 2292
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING SUBSECTIONS B AND C OF
SECTION 17.40.030 OF THE COMMUNITY DEVELOP-
MENT CODE REMOVING THE REQUIREMENT THAT
AGGREGATED NONCONFORMING LOTS BE RESUB-
DIVIDED INTO CONFORMING LOTS.
WHEREAS, the Community Development Code currently
deems any adjacent nonconforming lots under the same owner-
ship as being combined and further requires that any division
of such combined lot be done pursuant to the procedure for
subdivisions pursuant to the Community Development Code,
although such procedure is not required by State law, and
WHEREAS, the City Council finds that the resub-
division requirement is imposed to avoid the sale of a sub-
standard lot to an innocent purchaser, and to insure proper
dedication of roads and installation of needed public
improvement, and
WHEREAS, the City Council finds that these public
interests can be met without requiring the added expense
necessitated by the subdivision approval process, and
WHEREAS, this proposed ordinance has been considered
by the Planning Advisory Board at a public hearing and sub-
mitted to the appropriate offical for the State of Washington
where it has been on file at least 30 days prior to the City
Council's action on this ordinance pursuant to RCW 58.17.270,
now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 17.40.030B and C are hereby
amended as follows:
B. Continuation. A nonconforming lot may be used
or any use allowed by the zone district in which
it is located, even though such lot does not meet
the size, width, depth and other dimensional
requirements of that district, so long as all
other applicable site use and development stan-
dards are met, or a variance from such standards
is obtained.
C. Combination. If a nonconforming lot has ever
been in the same ownership as an adjacent lot or
lots, at any time after the date it became non-
conforming, the nonconforming lot is deemed to
have been combined with the adjacent lot or lots
to the extent necessary to create a conforming
lot and may only be used in accordance with this
Community Development Code.
Resubdivision of such aggregated nonconforming
lots shall not be required, provided however, the
City may condition the issuance of any building
or land use permit upon the filing for record of
a covenant appurtenant with the County Auditor.
Such real covenant shall run with the land and
contain one or more of the following provisions:
1. A description of the exact location of all
property lines.
2. Dedication of any property or right of way
required by the City.
3. Any other conditions that the City would
require if this property were resubdivided by
the procedure of this code.
-2-
Section 2. This ordinance shall be in full force
and effect five days after passage and publication by posting
as provided by law.
APPROVED:
e
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
.'jan
CI'T'Y CLERK), IRENE17VARNEY MORAN
APPROVED AS TO FORM:
OFFICE .OF THE CI'T'Y ATfiO,RNEY:.
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B1'-1. e;%Iy
FILED WITH THE CITY CLERK: March 31, 1982
PASSED BY THE CITY COUNCIL: May 4, 1982
POSTED: May 5, 1982
EFFECTIVE DATE: May 10, 1982
=19
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN being first duly sworn
on oath deposes and says that s he 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 5 day of MAY , 1932, affiant posted true and
correct copies of the attached Ordinance No. 2292, passed by the
City Council on the 4 day of MAY , 19_a? , 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 5 day of MAY , 1982.
SUBSCRIBED AND SWORN to before me this day of
. 19 el
N to Public in and for the
State of Wa ington, residing
at