Ordinance 28200006.150.018A
WSS/klt/naa
09/21/90
R:01/10/91
ORDINANCE NO. 2820
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF SECTION 16.30.010,
SUBSECTIONS A AND C, TO INCLUDE NON-PROFIT AND
CONSENTUAL GROUP HOMES AND HALFWAY HOUSES AS
PERMITTED USES, AMENDING SECTION 16.60.010(A) TO
ADD HALFWAY HOUSES AS A PERMITTED USE IN CG
ZONE, ADDING NEW SECTIONS 21.20.025, 21.35.015
AND 21.40.005 TO DEFINE "DISABLED", "GROUP HOME"
AND "HALFWAY HOUSE", AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City currently requires a conditional use
permit for group homes and halfway houses in the multi -family
residential zones;
WHEREAS, Title VIII of the Fair Housing Act approved in
1988 by the U.S. Congress promotes housing opportunities for the
disabled and prohibits both discrimination against the disabled
with respect to housing as well as ordinances which may have a
disparate impact on the disabled;
WHEREAS, boarding and rooming houses as well as
multiple family dwellings are permitted uses in RM zones as well
as retirement homes and housing for the elderly while halfway
houses and group homes require issuance of a conditional use
permit;
WHEREAS, the existing ordinance could have a disparate
impact upon the disabled and thereby limit their housing
opportunities; and
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WHEREAS, the City Council with the positive
recommendation of the Planning Board wishes to provide for group
homes for the disabled as permitted uses in order to promote
housing opportunities for the disabled so long as the City's
density requirements are met; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 16.30.010 USES of the Edmonds
Community Development Code, subparagraph A(3), is hereby amended
to include housing arrangements for the disabled as permitted
uses, such amendment to read as follows:
16.30.010 USES
A. Permitted Uses.
3. Retirement homes;
4. Group homes for the disabled;
5. Baording houses and rooming houses;
6. Housing for low income edlerly in
accordance with the requirements of
Chapter 20.25;
7. Bus Stop Shelters.
Section 2. Section 16.30.010 USES, subsection C
Primary Uses Requiring A Conditional Use Permit, subparagraph
(2)(i), of the Edmonds Community Development Code is hereby
amended to read as follows:
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16.30.010 USES
C. Primary Uses Requiring A Conditional. Use
Permit.
i. Counseling centers and
residential treatment
facilities for current
alcoholics and drug abusers.
Section 3. Section 16.60.010(A) of the Edmonds
Community Development Code relating to uses for CG zones is
hereby amended to include Halfway Houses and to read as follows:
16.60.010 USES
A. Permitted Primary Uses Permit.
4. Halfway Houses.
Section 4. Chapter 21.20 of the Edmonds Community
Development Code is hereby amended by the addition of a new
section 21.20.025 DISABLED to read as follows:
21.20.025 DISABLED
Disabled shall refer to persons who are
defined as disabled under the provisions of
state or federal law. This definition shall
be applicable only to the provisions of the
Edmonds Community Development Code and shall
not vary any definition or usage contained in
the City Code.
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21.35.015 GROUP HOME to read as follows:
20.35.015 GROUP HOME
A group home shall be defined as a state
licensed foster home for children (not
including nursing homes), and residential
homes for the disabled, homes for the elderly
and homes for the mentally ill, including
homes for those with developmental
disabilities and excluding residential
rehabilitation centers for current alcohol
and drug abusers.
Section 6. Chapter 21.40 of the Edmonds Community
Development Code is hereby amended by addition of a new section
21.40.005 HALFWAY HOUSE to read as follows:
21.40.005 HALFWAY HOUSE
A halfway house shall include state licensed
group care homes for juvenile delinquents,
halfway houses providing residence in lieu of
institutional sentencing, halfway houses
providing residence to those needing correc-
tional institutionalization, and detoxifica-
tion centers licensed by the state where
alcohol and drug abusers can be placed in
lieu of incarceration for detoxification and
treatment from the effects of alcohol and
drugs.
Section 7. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
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MAY Y NAUGHTEN
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ATTEST/AUTHENTICATED:
`l
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ITY'CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
MNA
FILED WITH THE CITY CLERK: January 14, 1991
PASSED BY THE CITY COUNCIL: January 22, 1991
PUBLISHED: January 27, 1991
EFFECTIVE DATE: February 1, 1991
ORDINANCE NO. 2820
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Affidavit of Publication
STATE OF WASHINGTON,
ss
COUNTY OF SNOHO1r,ISH,
ORDINANCE ND 2820
The undersigned, being first duly sworn on oath deposes and says
EdmondseWoahlf on
that she is Principal Clerk of THE HERALD, a daily newspaper
On The 22nd day of January,
1991 the City Council of the CI1y
of Edmonds, Possed Ordinance
printed and published in the City of Everett, County of Snohomish,
Na. 2820. A summary of the
content OF sold ordlnon[e,
Consisting Of the tlfie, t.Ades
and State of Washington; that said newspaper is a newspaper of
faRows ,
A ORDI
AN ORDINANCE OF THE CITY
g y
general circulation in said Count and State; that said newspaper
AMENf7 NDF G DThE PROVISION
OP SEC'nON 15,10,010, SUBSEC•
has been approved as a legal newspaper by order of the Superior
VONS A AND C TO INCLUDE
NON-PROF§T Z40 CONSEN.
fUAI- naftl iD un".. .—
Court of Snohomish County and that the notice ........................................
............. Summary, of Ordinance No. 2820
full *0 of this Ordinance ............. »................................. .,............................... ...............
....:............_....................
Mailed upon rtquoSt,
ED thfs 22nd day , of
Myy 1991 a printed copy of which is hereunto attached, was published in said
ELINE G. PARRETT
ClarkClarkLd:-January 77, 1991. newspaper proper and not in supplement form, in the regular and
ie
entire edition of said paper on the following days and times, namely:
January 27, 1991
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal lark
Subscribed and sworn to before me this........28,th
anuar �
dayof ............. :...'...... .7...............]y...,.........:............., X19-911....
Nat r Public in and for the State of Washington,
res d' g at Everett, Snohomish County.
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