Ordinance 31420006.90000
WSS /rin/srf
03/19/97
R:03 /19 /97gjz
R:04/ 16 /97gjz
ORDINANCE NO. m42
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING A ZONING MORATORIUM
AND AN INTERIM ZONING ORDINANCE IN ORDER TO
HALT ANY ENFORCEMENT ACTION WHICH WOULD
PROHIBIT OR LIMIT THE ESTABLISHMENT OF GROUP
LIVING ARRANGEMENTS FOR THE DISABLED, FOR
YOUTHS OR THE ELDERLY OF SIX OR FEWER SEEKING
TO SITE IN RESIDENTIAL OR NEIGHBORHOOD BUSINESS
ZONES, PLACING A MORATORIUM ON THE
CONDITIONAL USE CRITERIA OF CHAPTER 20.18 AND
THE REQUIREMENT FOR CONDITIONAL USE PERMIT
ESTABLISHED IN CHAPTER 16.30 WITH RESPECT TO
GROUP HOMES FOR THE DISABLED, YOUTHS OR THE
ELDERLY, CLARIFYING THAT SUCH A MORATORIUM
SHALL NOT APPLY TO ANY HALFWAY HOUSE OR OTHER
FACILITY IN WHICH INDIVIDUALS ARE INCARCERATED
BY COURT ORDER OR OTHERWISE PLACED PURSUANT
TO THE TERMS OF PROBATION OR PAROLE, ENACTING
AS AN INTERIM ZONING ORDINANCE A NEW CHAPTER
17.05 REASONABLE ACCOMMODATIONS PROCESS,
ESTABLISHING A HEARING DATE FOR THE
MORATORIUM AND INTERIM ZONING ORDINANCE, AND,
FIXING. A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Honorable Thomas Zilly, in an opinion in the Children's Alliance
v. City of Bellevue, Western District Cause No. C95 -905Z, has applied the Fair Housing Act,
the Washington Law Against Discrimination, and Fair Housing Act Amendments in a way which
calls into question the ability of municipalities to limit the establishment of staffed facilities for
youths under the age of 18 years; and
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WHEREAS, the City has enacted conditional use requirements for the
establishment of group homes in certain zones of the City and prohibited the establishment of
certain residential facilities in certain zones of the City; and
WHEREAS, the City has agreed pursuant to a consent decree in Edmonds v.
Oxford House to implement a reasonable accommodations process; and
WHEREAS, the City deems it appropriate to review its ordinances while assuring
that there are no negative impacts to the establishment of group homes for youths or disabled
persons; and
WHEREAS, RCW 70.128.175 requires that adult family homes for six or fewer
individuals be recognized as an outright permitted use in every residential zone in the City; and
WHEREAS, Judge Zilly's ruling could be interpreted to prohibit discrimination
against group homes for children either on the basis of age, given the state statutes, or on the
basis of familial status under the Fair Housing Act; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A zoning moratorium is hereby declared on the enforcement of
Chapter 20.18 of the Edmonds Community Development Code and the conditional use
requirements of Chapter 16.30 as applied to group homes for the disabled or for youths,
(persons under the age of 18 years), in multi - family residential zones of the City. The
moratorium shall extend to any zoning ordinance which establishes a limitation on group homes
or consensual living arrangements for the disabled, elderly or for youths (persons under the age
of 18) which would prohibit the siting of such a facility of six or fewer persons in residential
157189 -2-
zones of the City or in the neighborhood business (BN) zone pursuant to provisions of Chapters
16.28, 16.30 and 16.45 of the Edmonds Community Development Code. Nothing herein shall
be interpreted to extend this moratorium to any facility whose residents are ordered to reside
there, pursuant to an order or criminal sentence from a court of competent jurisdiction or an
order of probation or parole. The City Council finds that persons ordered to reside in such
facilities are not seeking to reside in a residence of their choice, but rather are involuntarily
committed to such facilities and therefore not within the coverage of the Fair Housing Act and
Fair Housing Act Amendments.
Section 2. As an interim zoning measure, the Edmonds Community Development
Code is hereby amended to establish a new Chapter 17.05 entitled, "Reasonable
Accommodations Process" to read as follows:
17.05 Reasonable Accommodations Process
17.05.010 Purpose
This chapter has been enacted to authorize the Community
Services Director or his designee to waive or vary provisions of
the Edmonds Community Development Code when necessary to
reasonably accommodate the statutory rights of the disabled under
the Americans with Disabilities Act (ADA), the Fair Housing Act
(FHA) or the Washington Law Against Discrimination (WLAD).
This process shall be interpreted and administered in order to
ensure the full exercise and enjoyment of a disabled person's right
to the residential housing of his or her choosing. The provisions
of this chapter shall not apply to commercial activities or zones,
provided, however, that nothing herein shall be interpreted to limit
the exercise of a disabled person's rights by or through a
residential care provider. In the event of any conflict or if an
interpretation of this chapter is required, it shall be implemented
and interpreted in accordance with the provisions of the Americans
With Disabilities Act, the Fair Housing Act and the Washington
Law Against Discrimination.
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17.05.020 Reasonable Accommodations
Upon the application of a disabled person or an individual or entity
providing services to the disabled in a residential facility or other
group living arrangement, the community services director or his
designee is hereby authorized to vary, modify, or waive the
provisions of the Edmonds Community Development Code,
including the provisions of Chapter 19, in order to provide a
reasonable accommodation as necessary to provide to a disabled
person or care provider to the disabled's full enjoyment of a
residence. The City's duty to accommodate is an affirmative one,
and the Community Services Director is thereby authorized to
provide accommodations in a thoughtful and proactive manner.
The following review may, at the discretion of the Community
Services Director, include an administrative hearing. The
Community Services Director shall provide written notice of the
accommodation to the applicant and property owners within 300
feet of the subject site. When applying this reasonable
accommodation process to the Edmonds Community Development
Code including the state building code and other codes adopted
pursuant to Chapter 19 and Chapter 19.05, the staff shall avoid
stereotypical assumptions regarding the disabled and shall attempt
to ascertain the actual physical and /or mental limitations of the
disabled individual in order to craft an accommodation which best
suits the exercise of that individual's rights.
17.05.030 Waiver of Building Code Requirements
No reasonable accommodation shall be provided by a waiver or
variance of the provisions of the Codes adopted pursuant to
Chapter 19.00 and 19.05 which does not substantially accomplish
the purposes of those chapters or which would reduce the fire
safety of any structure. Modifications, waivers or variances of the
provisions of Uniform Building Code, Uniform Fire Code and the
other codes adopted pursuant to Chapter 19.00 and Chapter 19.05
shall provide at least the same level of safety required by the
respective state Code. The applicant shall have the burden of
establishing that the proposed modification, waiver of variance
accomplishes substantially the same purpose without reduction of
fire safety.
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17.05.040 Accommodations Personal to the Applicant
The accommodation provided shall be personal to the applicant and
shall not run with the land, provided, however, that a change in a
residential structure necessary to accommodate the operation of a
residential care provider to the disabled may be continued by
future operators of similar facilities at the site who establish the
same use within six months of the date the prior use by disabled
person or residential care provider ceases. The Community
Services Director may therefore direct that any physical change in
the structure which would otherwise be illegal under the use or
bulk requirements of the Community Development Code be
brought into compliance six months after the date of sale or
transfer of a residential structure to a person or entity not
qualifying for the protections of the ADA, FHA and WLAD.
17.05.050 Appeal
There shall be no appeal from the decision of the community
services director within the City. Interested persons, that is
persons located within 300 feet of the subject site, may appeal the
reasonable accommodation by filing a petition for review with
Snohomish County Superior Court within ten (10) days of the date
of mailing of the written notice of decision.
Section 3. Pursuant to the provisions of RCW 35.63.200, the moratorium adopted
pursuant to Chapter 1 in the interim zoning regulation, adopted pursuant to Chapter 2 shall be
subject to a public hearing to be held on the 3rd day of June, 1997, at 7:00 p.m. or as soon
thereafter as matters may be heard in the Edmonds City Council Chamber at 700 Main Street.
Section 4. Unless extended by the act of the Edmonds City Council, the
moratorium and interim zoning measure shall expire six months after the effective date of this
ordinance.
Section 5. The Edmonds Planning Board is hereby requested to consider the
adoption of the reasonable accommodations process as part of the Edmonds Community
157189 -5-
Development Code and to review and make its recommendations regarding potential amendments
to the City's Community Development Code necessary to ensure that disabled persons, their
service providers, the elderly and youths -- persons under the age of 18 -- may have full
exercise of the rights granted them pursuant to the Fair Housing Act, 42 U.S.C. § 3601 et seq.,
the Washington Law Against Discrimination, RCW 49.60.010 et SeMc .
Section 6. 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.
Section 7. 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.
APPROVED:
MAYOR, BARBARA S. FAHEY
ATTEST /AUTHENTICATED:
l �,z e&,.,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
157189 -6-
FILED WITH THE CITY CLERK: 04/11/97
PASSED BY THE CITY COUNCIL: 04/15/97
PUBLISHED: 04/20/97
EFFECTIVE DATE: 04/25/97
ORDINANCE NO. 3142
157189 -7-
SUMMARY OF ORDINANCE NO. 3142
of the City of Edmonds, Washington
On the 15th day of Apr i 1 , 199 7 , the City Council of the City of Edmonds,
passed Ordinance No. 3142 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A
ZONING MORATORIUM AND AN INTERIM ZONING ORDINANCE IN ORDER TO
HALT ANY ENFORCEMENT ACTION WHICH WOULD PROHIBIT OR LIMIT THE
ESTABLISHMENT OF GROUP LIVING ARRANGEMENTS FOR THE DISABLED, FOR
YOUTHS OR THE ELDERLY OF SIX OR FEWER SEEKING TO SITE IN RESIDENTIAL
OR NEIGHBORHOOD BUSINESS ZONES, PLACING A MORATORIUM ON THE
CONDITIONAL USE CRITERIA OF CHAPTER 20.18 AND THE REQUIREMENT FOR
CONDITIONAL USE PERMIT ESTABLISHED IN CHAPTER 16.30 WITH RESPECT TO
GROUP HOMES FOR THE DISABLED, YOUTHS OR THE ELDERLY, CLARIFYING
THAT SUCH A MORATORIUM SHALL NOT APPLY TO ANY HALF -WAY HOUSE OR
OTHER FACILITY IN WHICH INDIVIDUALS ARE INCARCERATED BY COURT ORDER
OR OTHERWISE PLACED PURSUANT TO THE TERMS OF PROBATION OR PAROLE,
ENACTING AS AN INTERIM ZONING ORDINANCE A NEW CHAPTER 17.05
REASONABLE ACCOMMODATIONS PROCESS, ESTABLISHING A HEARING DATE
FOR THE MORATORIUM AND INTERIM ZONING ORDINANCE, 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 Apri 1 , 199 7
Ad�_A..r- r4( e!
CITY CLERK, SANDRA S. CHASE
sj r
RCW 70.128.175 Definitions.
, (1) Unless the context clearly requires otherwise, these definitions shall apply throughout
this section and RCW 35.63.140, 35A.63.149, 36.70.755, 35.22.680,'and 36.32.560:
(a) "Adult family home" means a regular family abode of a person or persons providing
personal care, special care, room, and board to more than one but not more than six adults who
are not related by blood or marriage to the person or persons providing the services.
(b) "Residential care facility" means a facility that cares for at least five, but not more
than fifteen functionally disabled persons, that is not licensed pursuant to chapter 70.128 RCW.
(c) "Department" means the department of social and health services.
(2) An adult family home shall be considered a residential use of property for zoning
purposes. Adult family homes shall be a permitted use in all areas zoned for residential or
commercial purposes, including areas zoned for single family dwellings. [1995 1st sp.s. c 18 §
29; 1989 1 st ex.s. c 9 § 815.]
NOTES:
Conflict with federal requirements -- Severability -- Effective date - -1995 1st sp.s c 18: See notes
following RCW 74.39A.008.
Effective date -- Severability- -1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Filed with City Clerk:
Adopted by Referen e
Ordinance #— 31,9 . on /$ 9%
City Clerk
Page [ 1 ] 4/30/97
RCW 35.63.200 Moratoria, interim zoning controls -- Public hearing -- Limitation on
length.
A council or board that adopts a moratorium or interim zoning control, without holding a public
hearing on the proposed moratorium or interim zoning control, shall hold a public hearing on the
adopted moratorium or interim zoning control within at least sixty days of its adoption, whether
or not the council or board received a recommendation on the matter from the commission. If
the council or board does not adopt findings of fact justifying its action before this hearing, then
the council or board shall do so immediately after this public hearing. A moratorium or interim
zoning control adopted under this section may be effective for not longer than six months, but
may be effective for up to one year if a work plan is developed for related studies providing for
such a longer period. A moratorium or interim zoning control may be renewed for one or more
six -month periods if a subsequent public hearing is held and findings of fact are made prior to
each renewal. [1992 c 207 § 1.]
Page [ 1 ] 4/30/97
RCW 49.60.010 Purpose of chapter.
This chapter shall be known as the "law against discrimination ". It is an exercise of the police
power of the state for the protection of the public welfare, health, and peace of the people of this
state, and in fulfillment of the provisions of the Constitution of this state concerning civil rights.
The legislature hereby finds and declares that practices of discrimination against any of its
inhabitants because of race, creed, color, national origin, families with children, sex, marital
status, age, or the presence of any sensory, mental, or physical disability or the use of a trained
guide dog or service dog by a disabled person are a matter of state concern, that such
discrimination threatens not only the rights and proper privileges of its inhabitants but menaces
the institutions and foundation of a free democratic state. A state agency is herein created with
powers with respect to elimination and prevention of discrimination in employment, in credit and
insurance transactions, in places of public resort, accommodation, or amusement, and in real
property transactions because of race, creed, color, national origin, families with children, sex,
marital status, age, or the presence of any sensory, mental, or physical disability or the use of a
trained guide dog or service dog by a disabled person; and the commission established hereunder
is hereby given general jurisdiction and power for such purposes. [1995 c 259 § 1; 1993 c 510 §
1; 1985 c 185 § 1; 1973 1st ex.s. c 214 § 1; 1973 c 141 § 1; 1969 ex.s. c 167 § 1; 1957 c 37 § l;
1949 c 183 § l; Rem. Supp. 1949 § 7614 -20.]
NOTES:
Effective date - -1995 c 259: "This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 259 § 7.]
Severability- -1993 c 510: "If any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected." [1993 c 510 § 26.]
Severability -4969 ex.s. c 167: "If any provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1969 ex.s. c 167 § 10.]
Severability -4 957 c 37: "If any provision of this act or the application of such provision to any person or
circumstance shall be held invalid, the remainder of such act or the application of such provision to persons or
circumstances other than those to which it is held invalid shall not be affected thereby." [1957 c 37 § 27.]
Severability -4949 c 183: "If any provision of this act or the application of such provision to any person
or circumstance shall be held invalid, the remainder of such act or the application of such provision to persons or
circumstances other than those to which it is held invalid shall not be affected thereby." [1949 c 183 § 13.]
Urban renewal law -- Discrimination prohibited: RCW 35.81.170.
Page [ 1 ] 4/30/97
STATE OF WASHINGTON, ss
COUNTY OF SNOHO?vISH,
OF THE CITY OF EDMONDS.
WASHINGTON
On the 15th day of April,
1 1997, the City Council of the
City of Edmonds, PPassed
Ordinance _ No. 3142. A. sum-
Ordinance will be mailed upon'i
reyeTst.
DATED this 17th day of
April, 1997.
SANDRA S. CHASE
City Clerk
Published: April 20, 1997.
B-2-1
Affidavit of Publication
RECEIVED
APR 2 5 1997
EDMONDS CITY CLERK
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,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3142
............................................................................. ............................... ....................
a printed copy of which is hereunto attached, was published. in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
April 20, 1997
....................................................................................................... .......................... . ....
....................................................................................................... ........... ....................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
.................
Principal Clerk
Subscribed and sworn to before me this ......... 1 st
dof ........ Apr i. 1............ ....... .............................. . 19....7..
................. -- ...... ........ ......................--- ...... ..........------ - - - ---
Notary Public in and for t e St to of Washington,
residing at Everett, Snoho County.
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