Ordinance 29360006.150.003
WSS /are
05/18/93
rev: 05/19/93
ORDINANCE NO. 2936
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RETITLING AND AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE SECTION 17.40.070
NONCONFORMING LOTS IN ORDER TO PROVIDE AN
EXCEPTION FROM LOT COMBINATION PROVISIONS AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City has for a number of years maintained.a
zoning ordinance in which contiguous nonconforming lots in common
ownership are deemed combined under the provisions of the code, and
WHEREAS, the City's mandate under the Growth Management
Act includes the ability to accept additional density, and
WHEREAS, the City Council deems it to be in the public
interest to accept additional density through existing lots which,
while substandard, may be developed in a manner consistent with the
surrounding neighborhood in situations where there are no negative
impacts to the neighbors or the general public, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds Community Development Code Section
17.40.070 PROVISIONS REGARDING NONCONFORMING LOTS is hereby
retitled and amended to read as follows:
17.40.070 NONCONFORMING LOTS.
A. Definition. A nonconforming lot is one
which met applicable zoning ordinance
standards as to size, width, depth and
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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 as 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.
C. Combination. If, since the date on which
it became nonconforming, an undeveloped
nonconforming lot has been in the same
ownership as a contiguous lot or lots,
the nonconforming lot is and shall be
deemed to have been combined with such
contiguous lot or lots to the extent
necessary to create a conforming lot and
may only be used in accordance with the
provisions of the Edmonds Community
Development Code, except that:
1. In an RS zone, such
nonconforming lot may be sold
or otherwise developed as any
other nonconforming lot
pursuant to the following
conditions and standards: r
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
47519.1 -2-
property is located;
and
b. Community faci-
lities, public util-
ities and roads re-
quired to serve the
nonconforming lot
are available con-
currently with the
proposed develop-
ment; and
C. Existing housing
stock will not be
destroyed in order
to create a new bui-
ldable lot; and
d. The proposed devel-
opment of the lot is
generally consistent
with the character
of the surrounding
neighborhood.
Lot Area Table
$ Needed for Lot Size Needed
Zone Legal Lot for Legal Lot
(1) RS -20 60% 12,000
(2) RS -12 70% 8,400
(3) RS -8 80% 6,400
(4) RS -6 90% 5,400
Section 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
47519.1 -3-
Section 3. Effective Date. This ordinance, being an
administrative action, is not subject to referendum and shall take
effect five (5) days after publication.
APPROVED:
ATTEST /AUTHENTICATED:
T CLERK, JMONDA J. MARCH
APPROVED AS TO FORM:
OFFIr F THE CITY ATTORNEY:
BY i ,
FILED WITH THE CITY CLERK: 1 -by 20, 1993
PASSED BY THE CITY COUNCIL: June 1, 1993
PUBLISHED: June 6, 1993
EFFECTIVE DATE: June 11, 1993
ORDINANCE NO. 2936
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SUMMARY OF ORDINANCE NO. 2936
of the City of Edmonds, Washington
On the 1st day of June , 1993, the City Council of
the City of Edmonds, passed Ordinance No. 2936 . A summary
of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RETITLING AND
AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE
SECTION 17.40.070 NONCONFORMING LOTS IN ORDER TO PROVIDE AN
EXCEPTION FROM LOT COMBINATION PROVISIONS AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
request.
The full text of this Ordinance will be mailed upon
DATED this 2nd day of June , 1993..
C TY CLERK, MiONDA J. MARCH
FIVED
Affidavit of Publication
,SUN 1 1 1993
10MON08 CITY CIEM
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH, ss
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
4ANCE� ANCE N of O. 296 and State of Washington; that said newspaper is a newspaper of
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f the CMy of
nds Washington
st da of June 199y general circulation in said County and State; that said newspaper
ouncl� of the ERv of
A�� a°yd�.n1e has been approved as a legal newspaper by order of the Superior
)f sold .ordinance,
of the tMe, provides Court of Snohomish County and that the notice ......... ...............................
SummarX of Ordinance No. 2936
....... ...............
City of Edmonds
...................................................................................................... ...............................
wlll be'molled upon
this 2nd day of June, a printed copy of which is hereunto attached, was published in said
DA IMARCH newspaper proper and not in supplement form, in the regular and
June e, M3, entire edition of said paper on the following days and times, namely:
June 6, 1993
..............•--............................................---...........................---........--- .....-- •-------- •--- •-- ......
......................................................................................................... .............................
and that said newspaper was regularly distributed to its subscribers
during all said eriod.
. .............. ... ......................... *: ......
Principal Clerk
Subscribed and sworn to before me this...... 711l ..............
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tary Public in and for t e Stat of Washington,
id ing at Everett, Sno u
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