Ordinance 33000006.900000
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ORDINANCE NO. 3300
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
CHAPTER 17.40 NONCONFORMING USES. BUILDING
SIGNS AND LOTS TO ADD A NEW SECTION 17.40.025
NONCONFORMING ACCESSORY DWELLING UNITS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Edmonds City Council has initiated amendments to the
provisions of Chapter 20.21 Accessory Dwelling Units, and
WHEREAS, in the course of such testimony, the Planning staff and other persons
testified that a potentially large but unknown number of accessory dwelling units currently exist
within the City of Edmonds, including both legal nonconforming uses and illegal units, and
WHEREAS, the City Council wishes to establish an amnesty period for the
registration of legal nonconforming and the permitting of illegally initiated attached and
detached accessory dwelling units in order to provide for their inspection to determine
conformance with life safety codes applicable to all buildings as well as, in the case of illegal
units, State building codes as amended by the City of Edmonds with respect to the building, and
WHEREAS, the City Council deems it appropriate to register existing
nonconforming uses and to establish a permitting process to register illegal accessory dwelling
units upon proof of compliance with existing building codes, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 17.40 of the Edmonds Community Development Code
Nonconforming Uses, Building Signs and Lots shall be amended to add the following:
17.40.025 Nonconforming accessory dwelling units.
A. Commencing on April 15, 2000, a registration period of six
months, ending October 16, 2000 at 5:00 p.m. is hereby established
for the registration of legal nonconforming and illegal detached
and attached accessory dwelling units (ADU). No fees shall be
charged for such registration. Accessory Dwelling Unit (ADU) is
defined in Chapter 20.21. Upon receipt of the registration, the
City shall develop a schedule for the inspection of such accessory
dwelling units to determine compliance with the State Building
and Fire Codes. An inspection of such structures by the State
electrical inspector shall also be requested if no records of a prior
electrical inspection is provided by the registrant.
B. Nonconforming structures. An attached or detached ADU,
which qualifies as a legal nonconforming building as defined in
ECDC 17.40.020(A), shall be inspected to determine whether it
was in compliance with the State Building and Fire Codes in
existence at the date it was constructed. An applicant shall submit
a final occupancy permit issued by the City of Edmonds or
Snohomish County, as appropriate, with respect to said ADU prior
to the date said use was regulated by the agency with jurisdiction,
as proof of its legal nonconformity or such other proof as may be
reasonably available. Upon an adequate showing of
nonconformity as determined at the discretion of the City, the
ADU shall be required to meet the provisions of the State Building
and Fire Code which are applicable to any building or structure
and are considered life safety codes. The City shall issue a
certificate of noncompliance noting the size and characteristics of
the ADU and the structure in which it is located in order to permit
its use and continuation and to determine its compliance with the
other provisions of ECDC 17.40.020. Such legal nonconforming
ADU's and the structures in which they are located shall not be
required to obtain a conditional use permit in accordance with the
provisions of Chapter 20.21 ECDC.' Such registration of legal
nonconforming structures may include both attached and detached
units which were in conformance with the applicable provisions of
law and ordinance at the date constructed.
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C. Registration of Illegal Accessory Dwelling Units. ADU's
which were not legal uses at the date constructed may be registered
during the registration period set forth in paragraph A. above.
Registration shall be accompanied by the fee established for
issuance of a conditional use permit for each ADU with such fees
to be used to defray the cost of building, fire and other inspections.
The City shall establish an inspection schedule for ADU's. A
certificate of registration and permit shall be issued to the former
illegal structure granting the privileges of a legal nonconforming
building subject to the provisions of ECDC 17.40.020 upon
certification of that the structure is or has been brought into
compliance with all current provisions of the State building codes
and city ordinance.
1. Once registered, a formerly illegal ADU shall enjoy
all the protections and privileges afforded to a nonconforming
building under the provisions of ECDC 17.40.020, provided,
however, that such ADU shall be subject to the permit review
requirement of ECDC 20.100.040 to the end that the City Council
reserves the right to impose additional conditions on the continued
use and occupancy of the formerly illegal ADU if it is found to
constitute a nuisance or present a hazardous condition, or to
revoke such registration and permit if a nuisance or hazardous
condition relating to the ADU is not abated.
2. The provisions of Section C shall apply to both
attached and detached accessory dwelling units, provided,
however, that such ADUs shall be registered and permitted to
continue subject to the provisions of this section only if they were
constructed in good faith by construction completed prior to
December 31, 1999.
D. Legal nonconforming units shall receive a permit certificate
confirming such status and listing the physical dimensions and
other characteristics of the structure, provided, however, that the
registration and permit of a formerly illegal ADU may be revoked
and/or conditioned in accordance with the provisions of Section
20.100.040.
E. Failure to register a structure within the time period
established by the provisions of this ordinance shall be considered
to be presumptive proof that such a unit is an illegal unit and
subject to abatement. The owner of such structure may overcome
such a presumption only by presentation of substantial and
competent evidence which establishes the legal nonconforming
nature of such building by clear and convincing evidence that the
structure was permitted by Snohomish County or the City of
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Edmonds, was permitted by such agency and was in complete
compliance with the applicable provisions of State law and County
or City ordinance, at the date such construction was initiated and
was completed.
Section 2. As part of the commencement of the registration period, the City Clerk
is directed to publish such notice of such registration period in the City's official newspaper. In
addition, the staff is directed to include notification of the registration period and the provisions
of the ordinance in utility billings.
Section 3. Effective Date. This ordinance, being an exercise of a power
specifically 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:
xZ�,� JA�-��
MA R, G Y HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CI Y ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/24/2000
PASSED BY THE CITY COUNCIL: 03/28/2000
PUBLISHED: 04/02/2000
EFFECTIVE DATE: 04/07/2000
ORDINANCE NO. 3300
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SUMMARY OF ORDINANCE NO. 3300
of the City of Edmonds, Washington
On the 28th day of March, 2000, the City Council of the City of Edmonds, passed
Ordinance No. 3300. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER
17.40 NONCONFORMING USES. BUILDING SIGNS AND LOTS TO ADD A NEW
SECTION 17.40.025 NONCONFORMING ACCESSORY DWELLING UNITS, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 29th day of March, 2000.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, l
COUNTY OF SNOHOMISH,
Jr
The undersigned, being first duly sworn on oath deposes and says
SUMMARY of ORDINANCE that she is Principal Clerk of THE HERALD, a daily newspaper
3306 —
of the C—ityM. `FETmoncls, printed and published in the City of Everett, County of Snohomish,
Washington
On the 28th day of March, and State of Washington; that said newspaper is a newspaper of
2000, the City Council of the City
of Edmonds, passed Ordinance] general circulation in said County and State; that said newspaper
No. 3300. A summary of the
content of said ordinance, con•i
sisting of the title, provides asj has been a pproved as a legal newspaper by order of the Superior
follows:
AN ORDINANCE OF THE CITY Court of Snohomish County and that the notice ......... ...............................
OF EDMONDS, WASHINGTON}
AMENDING THE PROVISIONS',
OF THE EDMONDS COMMU -'
NITY DEVELOPMENT CODE,j Summary Of Ordinance NO. 3300
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17.40. 25 City of Edmonds
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The full text of this Ordinance
will be mailed upon request. I
DATED this 29th day of March,
a printed copy of which is hereunto attached, was published in said
2000.
and not in supplement form, in the regular and
CITY CLERK,
newspaper proper
SANDRA CHASE
of said on the following ays and times, name]
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Published: April 2, 2000.
0
entire edition paper
April 2, 2000
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Principal Clerk
Subscribed and sworn to bef� me this ....................3rd
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