Ordinance 32480006.150.000
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04/20/99
ORDINANCE NO. 3248
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, DECLARING A ZONING MORATORIUM
ON ZONING CODE ENFORCEMENT ACTIONS RELATING
TO THE KEEPING OF ANIMALS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City's Planning Board has presented its recommendations to the
Edmonds City Council regarding comprehensive changes to the City's zoning and animal control
regulations as they pertain to the keeping of animals, and
WHEREAS, certain individuals are keeping animals within the City limits of
Edmonds either due to long - standing practice or following annexation, and
WHEREAS, such individuals have been given notice of violation and a time in
which they must comply with City regulations by the removal of such animals, and
WHEREAS, the City Council deems it to be in the public interest to declare a
zoning moratorium on abatement and zoning enforcement actions until, but only until, such time
as the City Council has finally determined what, if any, amendment it should make to its zoning
ordinances and animal control ordinances as they relate to the keeping of animals, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. In accordance with the authorization of RCW 35.63.200, a
zoning moratorium is hereby declared on the enforcement and application of the provisions of
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ECDC 16.20.010(B)(4) and (5) and 16.30.010(B)(1), such sections relating to secondary
permitted uses in residential zones and the provisions of ECC 5.05.130, relating to secondary
permitted uses in residential zones. It is the purpose and intent of this zoning moratorium to
suspend the application of the City's zoning ordinances to existing zoning violations and future
zoning violations relating to the keeping of animals for the period of the moratorium. Nothing
herein shall be deemed to invalidate the City's existing ordinances nor to revoke or suspend days
of violations occurring prior to the passage of this ordinance. This ordinance shall be in full
force and effect from and after its date of passage for a period of sixty (60) days or until passage
of a zoning ordinance amending the City's zoning provisions relating to the keeping of animals,
whichever comes first. Nothing herein shall be interpreted to suspend, limit or prohibit the
application of the remaining provisions of Chapter 5.05 of the City's code relating to animal
control provisions nor to permit the City from taking immediate action to abate or prosecute an
actual nuisance or threat to the public health, safety and welfare arising from any dangerous or
unregulated animal pursuant to said chapter 5.05.°
Section 2. A public hearing on this interim zoning moratorium is set for the 18 '
day of May, 1999, at 7:00 p.m. at the Edmonds City Council Chambers, 700 Main Street, 2nd
Flr. , Edmonds, Washington. The date set for hearing is within a sixty (60) day period
established by RCW 35.63.200 for hearings on enacted zoning moratoria.
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.
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APPROVED:
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MAYOR, BARBARA §.TFAHNVY-7
ATTEST /AUTHENTICATED:
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CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H Y AT ORNEY:
BY
FILED WITH THE CITY CLERK: 04/20/99
PASSED BY THE CITY COUNCIL: 04/20/99
PUBLISHED: 05/06/99
EFFECTIVE DATE: 05/11/99
ORDINANCE NO. 3248
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SUMMARY OF ORDINANCE NO. 3248
of the City of Edmonds, Washington
On the 20th day of April, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3248. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING A
ZONING MORATORIUM ON ZONING CODE ENFORCEMENT ACTIONS RELATING
TO THE KEEPING OF ANIMALS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2151 day of April, 1999.
CITY CLERK, SANDRA S. CHASE
Document Page 1 of 4
Revised Code of Washington
TITLE 35 RCW CITIES AND TOWNS
CHAPTER 35.63 RCW PLANNING COMMISSIONS
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.]
RCW 35.63.210 Accessory apartments.
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter
shall comply with RCW 43.63A.21.5(3). [1993 c 478 § 8.]
RCW 35.63.220 Treatment of residential structures occupied by persons with handicaps.
No city may enact or maintain an ordinance, development regulation, zoning regulation or
official control, policy, or administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure occupied by a family or other
unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478 § 20.]
RCW 35.63.230 Watershed restoration projects -- Permit processing - -Fish habitat
enhancement project.
A permit required under this chapter for a watershed restoration project as defined in RCW
89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish
habitat enhancement project meeting the criteria of RCW 75.20.350(1) shall be reviewed and
approved according to the provisions of RCW 75.20.350. [1998 c 249 § 5; 1995 c 378 § 8.]
NOTES:
Findings -- Purpose -- Report -- Effective date - -1998 c 249: See notes following RCW 75.20.350.
RCW 35.63.240 Planning regulations -- Copies provided to county assessor.
By July 31, 1997, a city planning under RCW 36.70A.040 shall provide to the county assessor
a copy of the city's comprehensive plan and development regulations in effect on July 1 st of that
year and shall thereafter provide any amendments to the plan and regulations that were adopted
before July 31st of each following year. [1996 c 254 § 3.]
RCW 35.63.250 General aviation airports.
Adoption and amendment of comprehensive plan provisions and development regulations
under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 §
3.]
RCW 35.63.260 Conditional and special use permit applications by parties licensed or
certified by the department of social and health services or the department of
corrections -- Mediation prior to appeal required.
(1) Prior to filing an appeal of a final decision by a hearing examiner involving a conditional
or special use permit application requested by a party that is licensed or certified by the department
of social and health services or the department of corrections, the aggrieved party must, within five
days after the final decision, initiate formal mediation procedures in an
parties' differences. If, after initial evaluation of the dispute, the parties Adopted by Reference
, Ordinance # 3Q 8 on
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'dA .s A.,
City Clerk
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOIDSISH,
SUMM-
OR .
DI�NANN. 3248
EN
of the City of Edmonds,
Washington
On the 201h day of April, 1999,
The undersigned, being first duly sworn on oath deposes and says
the City Council of the City of
Edmonds, passed Ordinance No.
that she is Principal Clerk of THE HERALD, a daily newspaper
3248. A summary of the content
sale ordinance, consisting of
printed and published in the City f • Everett, Count of Snohomish,
P P Y Y
the
the title, provides as follows:
AN ORDINANCE OF THE CITY
OF EDMONDS. WASHINGTON,
and State of Washington; that said newspaper is a newspaper of
DECLARING A ZONING MORA-
TORIUM ON ZONING CODE
general circulation in said Count and State; that said newspaper
g y
I ENFORCEMENT ACTIONS RE-
LATING TO THE OF
ANIMALS, AND FIXING KEEPING
A TIME
has been approved as a legal newspaper by order of the Superior
WHEN THE SAME SHALL BE-
COME EFFECTIVE.
Court of Snohomish County and that the notice
The full te)d of this Ordinance
.. ...............................
will be mailed upon request.
DATED this 21st day of April,
,999.
y��
Summa of Ordinance No. 3248
Summary
CITY CLERK.
.... .............................'. ...................... ....................
S. CHASE
yPublished: May 6, 1999.
......................................... . ........................ . ................................................ _ ---.............
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:
.................. ..............1999
:....:.......: ............................... ......................... ........... ...................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
.............. (.,�.of. ...........
Principal Clerk
Subscribed and sworn to before me this.......... 6th ..........
May............. / . ..1 ..., ............. 19 9 9....
............. .....i-.....on,'
Notary Public in and for th State f Washngton,
residing at Everett, Snoho sh Co nty.
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