Ordinance 30240006.150.003
WSS /are
03/28/95
R: 04 /13 /95jeh
ORDINANCE NO. 3024
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING SECTION 17.40.030
NONCONFORMING LOTS OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE IN ORDER TO BETTER DEFINE THE
CIRCUMSTANCES UNDER WHICH NONCONFORMING
LOTS SMALLER THAN MINIMUM LOT SIZE
REQUIREMENTS MAY BE DEVELOPED AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, lots created in Snohomish County have been annexed to the City of
Edmonds which, due to changes in the City's zoning code have become nonconforming along
with older town lots of the City created at a time when houses and therefore minimum lot sizes
were much smaller and have created a stock of nonconforming lots whose size fails to meet
current minimum lot size requirements, and
WHEREAS, the City Council wishes to provide limited relief to lot owners
annexed to the City in order to permit them a window of opportunity in which to develop their
lots, and
WHEREAS, the City Council deems it appropriate to more closely tailor and
define its nonconforming lot combination provisions in order that the requirement of combination
of nonconforming lots substandard as to minimum lot size achieves the purposes of the Code
without undue hardship on property owners and permits the development of lots fronting on
public streets and allows the City to achieve greater density in compliance with Growth
Management Act goals, NOW, THEREFORE,
98223.1 -1-
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 17.40.030 NONCONFORMING LOTS is hereby amended to
read as follows:
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 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. 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 Paragraph D below.
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 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 Paragraph D below.
98223.1 -2-
D. Exception for Single Family Dwelling Units. An applicant
may build one single family 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 RS 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 pro-
posed development; and
C. Existing housing stock will not be destroyed
in order to create a new buildable lot; and
d. The proposed development of the lot is
generally consistent with the character of the
surrounding neighborhood.
Lot Area Table
2. An applicant applies for necessary permits to
construct the unit within five (5) years to the date
the lot or parcel is 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
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% 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
2. An applicant applies for necessary permits to
construct the unit within five (5) years to the date
the lot or parcel is 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
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3. An applicant may remodel or rebuild one residence
on a nonconforming lot without regard to the fifty
percent (50 %) destruction requirement of ECDC
17.40.020(F) if a fully completed building permit is
permitted within one (1) year of the destruction of
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; or
5. For a period of two (2) years from the effective
date of this ordinance, the owner of a lot which was
lawfully created under the Snohomish County
subdivision and zoning laws and which was annexed
to the City of Edmonds since January 1, 1960 files
a fully completed building permit application for
development of the lot in accordance with the
provisions of this Code. This Paragraph D(5) shall
sunset and be removed from the Code two (2) years
after the effective date of the passage of this
ordinance and is intended only to provide a window
of opportunity for those persons who comply with
the provisions of Paragraph A above but who are
barred due to the passage of time an equal
opportunity to develop a lot in accordance with the
provisions of the Code.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
98223.1 -4-
ATTEST /AUTHENTICATED:
C Y CLERK, ONDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
' )sBY /
FILED WITH THE 9ITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. -
3024
APPROVED:
•'
04/13/95
05/16/95
05/21/95
05/26/95
98223.1 -5-
SUMMARY OF ORDINANCE NO. 3024
of the City of Edmonds, Washington
On the 16th day of May , 1995 ,the City Council of the City of Edmonds,
passed Ordinance No. 3024 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION
17.40.030 NONCONFORMING LOTS OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE IN ORDER TO BETTER DEFINE THE CIRCUMSTANCES UNDER WHICH
NONCONFORMING LOTS SMALLER THAN MINIMUM LOT SIZE REQUIREMENTS
MAY BE DEVELOPED AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of May _ , 199 5
rA 11
.......................... ............................. .. ............................................................................
and that sai7sa spaper was regularly distributed to its subscribers
during all o period.
............ ............Q guy, �c- `,,lj....................
Principal Clerk
Subscribed and sworn to before me this..22rid
Y-- r ......... ....r ....... 19....
............................... .... .... ...... .... �..........
Notary Public in and for the St to of Washington,
residing at Everett, Snohomis Coufity.
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RECEIVED
MAY 2 51995
Affidavit of Publication
EDMONDS CITY CLERK
STATE OF WASHINGTON,.
COUNTY OF SNOHOZViISH,
sa
The undersigned, being first duly sworn on oath deposes and says
SUMMARY OF _
ORDINANCE. NO. 3024
that she is Principal Clerk of THE HERALD, a daily newspaper
Edmonds, Washin ton
Washington
printed and published in the City of Everett, County of Snohomish,
On the 16th day of May,
Cit1n the City council of the
City of Edmonds, passed
and State of Washington; newspaper
gton• that said news a er is a of
Or No.. 3024. A sum-
mary of Ithe content of said
ordinance, consisting of the
general circulation in said County and State; that said newspaper
title, pro,,.ides as follows:
AN INANCE
wnsH .
has been approved as a legal newspaper by order of the Superior
C TY OF S,
INGTON, AMENDING SEC -'
,
17.4
TH - I
Court of Snohomish Count y and that the notice ......... ...............................
FOR LOTS
FORMING LOTS OF THE]
OF
EDMONDS.. COMMU.N.I.TY,
DEVELOPMENT 'CODE. IN
ORDER TO BE
I TTER D U
THE CIRCUMSTANCES
�•
City`'...Q.f.... Edmonds.
N - �
N-
DER WHICH NONCONFORM-
3 ....................................................................................
ING LOTS SMALLER THAN
MINIMUM LOT SIZE. RE -!
OUIREMENTS. MAY - BE
'Summary Of
DEVELOPEDAND FIXING'A
TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
............ ......................................_........................._............... ...............................
The full text of this Ordi-
nance will be mailed upon re-
quest.
DATED this 17th day of May,
....................................................................................................... ...............................
1995.
R HONDA J. MARCH
CO
a printed copy of which is hereunto attached was
, published lri said
City Clerk
Published: May 21,,1995.
W
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
May.... 2.1... ..... 19 9. 5................. ... .............. ........
.......................... ............................. .. ............................................................................
and that sai7sa spaper was regularly distributed to its subscribers
during all o period.
............ ............Q guy, �c- `,,lj....................
Principal Clerk
Subscribed and sworn to before me this..22rid
Y-- r ......... ....r ....... 19....
............................... .... .... ...... .... �..........
Notary Public in and for the St to of Washington,
residing at Everett, Snohomis Coufity.
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9fF s -U t6 s -sa Go
�0F WASNS
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