Ordinance 32470006.900000
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04/07/99
ORDINANCE NO. 3247
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE OF THE CITY, AMENDING THE PROVISIONS
OF SECTION 17.40.010(C) TO LIMIT THE APPLICATION OF
THE CITY'S ABATEMENT PROCESS TO
NONCONFORMING COMMERCIAL, BUSINESS AND
INDUSTRIAL USES LOCATED IN RESIDENTIAL ZONES,
SETTING A HEARING DATE ON SUCH ORDINANCE, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, in 1971, the Edmonds City Council adopted Ordinance No. 1550,
stating its intent that it apply to nonconforming commercial, business and industrial uses, and the
ordinance has been consistently interpreted and applied by City Staff only to amortize
commercial uses in residential zones; and
WHEREAS, the City Staff has received an Appeal /Request For Reconsideration
which points out that the plain meaning of the ordinance applies to all nonresidential uses and not
just commercial uses; and
WHEREAS, such an interpretation of the ordinance would apply it to
nonconforming public facilities such as schools and City utility structures, as well as quasi - public
facilities such as churches; and
WHEREAS, such an application could potentially be constitutionally overbroad
given that the City has an obligation to affirmatively accommodate church uses in its community;
and
229515.10 -1-
WHEREAS, such a broad application would also potentially impair the public's
significant investment in a wide variety of public facilities yet to be inventoried; and
WHEREAS, the Edmonds Planning Board is currently reviewing and should
shortly bring forward recommendations regarding the amendment of the P zone to distinguish
between churches and other public uses thereby permitting differentiation of churches, public
facilities, schools and other similar uses; and
WHEREAS, the City Council deems it appropriate to adopt an interim zoning
ordinance in order to limit application of the abatement provisions of Section 17.40.010(C) until
such time as the City Council with the advice of the Planning Board and its citizens, may better
define the problem and develop a comprehensive approach thereto, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 17.40.010(C)of the Edmonds Community Development
Code is hereby amended to read as follows:
17.40.010 Nonconforming Uses.
C. Abatement. Any commercial, business or
industrial use located in a residential zone district,
or in the OS zone district shall be discontinued
within fifteen (15) years after the use first becomes
nonconforming. If the affected use is not operated
in a building, it shall be discontinued within three
(3) years of the notice. These time periods may be
extended under Subsections D and E of this Section.
The time shall commence from the time the use
first became nonconforming under this code, and
where applicable, its predecessor.
229515.10 -2-
Section 2. As an interim zoning ordinance, this ordinance shall expire six (6)
months after the date of its passage unless extended by action of the City council. The City
Council shall hold a public hearing regarding this ordinance on the 1st day of June, 1999, such
date being within sixty (60) days of the adoption of this ordinance.
Section 3. 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
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CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H Y RNEY:
BY
FILED WITH THE CITY CLERK:
04 /16/99
PASSED BY THE CITY COUNCIL:
04/20/99
PUBLISHED:
05/06/99
EFFECTIVE DATE:
05/11/99
ORDINANCE NO. 3247
229515.10 -3-
SUMMARY OF ORDINANCE NO. 3247
of the City of Edmonds, Washington
On the 20th day of April, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3247. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN
INTERIM ZONING ORDINANCE OF THE CITY, AMENDING THE PROVISIONS OF
SECTION 17.40.010(C) TO LIMIT THE APPLICATION OF THE CITY'S ABATEMENT
PROCESS TO NONCONFORMING COMMERCIAL, BUSINESS AND INDUSTRIAL USES
LOCATED IN RESIDENTIAL ZONES, SETTING A HEARING DATE ON SUCH
ORDINANCE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of April, 1999.
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHONISH,
I SUMMARY OF
ORDINANCE NO. 3247
of the City of dmonds,
Washington
On the 20th day of April, 1999,
.the City Council of the City of
Edmonds, passed Ordinance No.
.3247. A summary of the content
of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY
OF EDMONDS, WASHINGTON.
ADOPTING AN INTERIM ZON-
ING ORDINANCE OF THE CITY,
AMENDING THE PROVISIONS
OF SECTION 17.40.010(C) TO
LIMIT THE APPLICATION OF
Tuc ciT nonx..aw, -!
ING COMMERCIAL, BUSINESSI
AND INDUSTRIAL USESi
LOCATED IN RESIDENTIAL
ZONES, SETTING A HEARINGI
DATE ON SUCH ORDINANCE,
AND FIXING A TIME WHEN
THE SAME SHALL BECOME1
EFFECTIVE.
The full text of this Ordinance'
will be mailed upon request.
DATED this 21st day of April.
1999.
CITY CLERK,
SANDRA S. CHASE
Published: May S, 1999.
B -2 -1
ss.
Affidavit of Publication
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 ......... ...............................
Sunrory of Ordinance No. 3247
........ ............................... °--........................................................... ...............................
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:
...........Niay-- 6..... 1999 .............................................. ................. ........... . .. .............
.................................................................................:....................... ........................I....
and that said newspaper was regularly distributed to its subscribers
during all of said period.
.. ............CZ............... `..... .---------- ............ - -...
.
Principal Clerk
Subscribed and sworn to before me this.......... 6th..,._,___
of..... .... ...Y ...................... �......... ...., is 99...
............. ......................... ......
Notary Public in and for the tate o Washington,
residing at Everett, Snoho ' h Co I
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