Ordinance 33550006.90000
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3/28/01
ORDINANCE NO. 3355
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTED PURSUANT TO THE
PROVISIONS OF RCW 35A.63.220 AND ADOPTING AN
INTERIM ZONING REGULATION AND MORATORIUM
PURSUANT THERETO IN ORDER TO IMPOSE A
MORATORIUM ON THE PROCESSING OF BUILDING
PERMIT APPLICATIONS FOR THE ESTABLISHMENT OR
EXPANSION OF COMMUNITY CHURCHES ON
COLLECTOR STREETS WITHIN THE CITY, ESTABLISHING
A PUBLIC HEARING DATE WITHIN SIXTY DAYS OF THE
ADOPTION OF THIS ORDINANCE, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council adopted Ordinance No. 3353 providing for the
zoning of public facilities including schools and churches, and
WHEREAS, in the process of classification of churches, community churches,
that is, larger churches providing seating for 250 or more persons, were designated as permitted
uses on collector streets, and
WHEREAS, the designation of such a use on a collector street has not been fully
considered by the City Council and Planning Board and was included for the purposes of
classification in the ordinance without specific public testimony or Planning Board
recommendation as to this issue, and
WHEREAS, the City Council has referred this matter back to the Planning Board
for its recommendation, and
WHEREAS, due to the potential impact of the establishment of such a large
facility on a collector street in a residential neighborhood, the City Council deems it appropriate
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to establish a moratorium until such time as this matter can be fully reviewed, in no event longer
than six months without an extension thereof, NOW, THEREFORE,
THE CITY COUNCIL . OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A moratorium is hereby imposed on the acceptance of building permit
applications for the construction of a new community church, the expansion of a neighborhood
church to a community church, or the expansion of a community church served only by a
collector street. The terms "community church ", and "collector street" shall have the meanings
assigned them by the Edmonds Community Development Code. This moratorium is hereby
established at the effective date of this ordinance and shall continue in full force and effect for a
period not exceed six months. Community churches which were legally nonconforming at the
date of passage of Ordinance No. 3353 may be issued a building permit to repair or remodel
existing facilities so long as the seating capacity or other physical aspects are not increased in a
manner which increases the traffic impacts of the existing facility.
Section 2. Pursuant to the requirements of RCW 35A.63.220 a public hearing is
hereby set on May 14, 2001 at 7:00 PM or as soon thereafter as this matter may be heard in the
City Council Chambers of the City of Edmonds at 250 5th Avenue North, Edmonds, Washington.
Section 3. Effective Date. This ordinance shall be effective immediately upon a
super majority vote of the City Council.
APPROVED:
MA OR G BENSON
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF nC Y AT RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/30/2001
PASSED BY THE CITY COUNCIL: 04/03/2001
PUBLISHED: 04/08/2001
EFFECTIVE DATE: 04/03/2001
ORDINANCE NO. 3355
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SUMMARY OF ORDINANCE NO. 3355
of the City of Edmonds, Washington
On the 3rd day of April, 2001, the City Council of the City of Edmonds, passed
Ordinance No. 3355. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTED PURSUANT
TO THE PROVISIONS OF RCW 35A.63.220 AND ADOPTING AN INTERIM ZONING
REGULATION AND MORATORIUM PURSUANT THERETO IN ORDER TO IMPOSE A
MORATORIUM ON THE PROCESSING OF BUILDING PERMIT APPLICATIONS FOR
THE ESTABLISHMENT OR EXPANSION OF COMMUNITY CHURCHES ON
COLLECTOR STREETS WITHIN THE CITY, ESTABLISHING A PUBLIC HEARING
DATE WITHIN SIXTY DAYS OF THE ADOPTION OF THIS ORDINANCE, AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of April, 2001.
" � "5/. eo�-
CITY CLERK, SANDRA S. CHASE
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Document
Page 1
REVISED CODE of WASHINGTON
Title 35A RCW OPTIONAL MUNICIPAL CODE
Chapter 35A.63 RCW PLANNING AND ZONING IN CODE CITIES
RCW 35A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on length.
RCW 35A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on
length.
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a
public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing
on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption,
whether or not the legislative body received a recommendation on the matter from the planning
agency. If the legislative body does not adopt findings of fact justifying its action before this hearing,
then the legislative body shall do so immediately after this public hearing. A moratorium or interim
zoning ordinance 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 of interim zoning ordinance 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 § 3.]
RCW 35A.63.230 Accessory apartments.
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter shall
comply with RCW 43.63A.215(3).
[1993 c 478 § 9.]
RCW 35A.63.240 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 § 21.1
RCW 35A.63.250 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 § 6; 1995 c 378 § 9.]
Notes:
*Reviser's note: RCW 75.20.350 was recodified as RCW 77.55.290 pursuant to 2000
- -P
Findings -- Purpose -- Report -- Effective date - -1998 c 249: See notes following RCW Adopted by Reference
Ordinance # .35/5 on
City Clerk
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Affidavit of Publication
STATE OF WASHINGTON, u
COUNTY OF SNOHOMISH,
The undersigned, being first duly sworn on oath deposes and says
SUMMARY OF ORDINANCE NO. 335 that she is Principal Clerk of THE HERALD, a daily newspaper
On the 3rd the April, the City Council of the City of printed and published in the City of Everett, County of Snohomish,
Edmonds, passed Ordinance No. 3355. A summary of the content of
said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, and State of Washington • that said newspaper is a newspaper of
3
ADOPTED
.63.220 AND RADOPTING AN INTERIM ZZONING REGULATION general circulation in said County and State; that said newspaper
AND MORATORIUM PURSUANT THERETO IN ORDER TO
IMPOSE A MORATORIUM ON THE PROCESSING OF BUILDING has been approved as a legal newspaper by order of the Superior
PERMIT APPLICATIONS FOR THE ESTABLISHMENT OR
EXPANSION OF COMMUNITY CHURCHES ON COLLECTOR
STREETS WITHIN THE CITY, ESTABLISHING A PUBLIC Court Of Snohomish County and that the notice ......... ...............................
HEARING DATE WITHIN SIXTY DAYS OF THE ADOPTION OF
THIS ORDINANCE, AND FIXING A TIME WHEN THE SAME Summary of Ordinance #3355
SHALL BECOME EFFECTIVE. -- _•.•
The full text of this Ordinance will be mailed upon request. ................ •••••
.... ............................... ................ ...............................
DATED this 4th day of April, 2001.
CITY CLERK, SANDRA S. CHASE
Published: April 8,2001. City of Edmonds
........................................................................................ ...............................
....................................................................................................... ...............................
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 8, 2001
......................
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that said newsp r was gularly d /istributed to its subscribers
n 11 of said aerio . r —� I
t/.,,L .F .� ,. Q ..•,�_-�..� .................... ----- .......
Principal Clerk
Subscribed and sworn to before me this ..............
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............ .......................................
otary bh nand for the tate of Washington,
residing at E no�folldli County.
PUBLIC
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RECEIVED
APR 1 3 2001
8 -2-1
EDMONDS CITY CLERK