Ordinance 34880006.90000
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2/12/04
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ORDINANCE NO. 3488
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING PURSUANT TO RCW 35A.63.220
AN INTERIM ZONING REGULATION CLARIFYING THE
APPLICATION OF ROOF HEIGHT ABOVE TWENTY -FIVE
(25) FEET AS A PART OF, MODULATED ROOF AND
BUILDING DESIGN, VESTING CERTAIN APPLICATIONS IN
PROCESS, ESTABLISHING A PUBLIC HEARING DATE
WITHIN SIXTY (60) DAYS OF THE ADOPTION OF THIS
ORDINANCE, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the current language of the site development table contained in
ECDC 16.50.020, Note 2, was originally intended to permit only modulated roof design above
the existing 25 -foot height limit; and
WHEREAS, certain ambiguities in the existing language, coupled with the
requirement that any such ambiguity be interpreted in favor of the exercise of the property
owners' common law property rights, and a consistent method of application and interpretationof
the provision by the City staff, Architectural Design Board and City Council, have resulted in a
proliferation of flat roofs and vertical parapet walls above the 25 -foot height limitation and in
contradiction of the intent of the City Council, and
WHEREAS, the City Council deems it appropriate to adopt an interim zoning
ordinance in order to clarify the original intent of the provisions for modulated roof and building
design, and
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WHEREAS, the City Council deems it appropriate to permit continued processing
of applications filed on or before the date of adoption of this interim zoning regulation to, but
only to, the extent such applications clearly and unanimously request the use of vertical parapet
walls or flat roofs above the 25 -foot height limitation on an application for design review and
would not otherwise be vested under the provisions of City ordinance and State law, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. An interim zoning ordinance is hereby adopted amending the
provisions of ECDC 16.50.020 Site Development Standards (A) Table, Note 2, to read as
follows:
16.50.020 Site development standards.
A. Table.
2. Roof may only extend 5 feet above the stated height limit if all
portions of the roof above the state height are modulated in design
and are designed as a hip, gable, arch, shed or other similar roof
form (see illustrations). Vertical parapet walls or flat roofs with a
pitch of less than three in twelve are not allowed to protrude above
the 25 -foot height limit unless they are part of an approved
modulated roof and building design.
Section 2. The provisions of the interim zoning ordinance shall apply to any and
all applications for architectural design review finally approved by the City. Council or
Architectural Design Board on or before the effective date of this ordinance. Approved projects
shall be considered vested to the extent which such project incorporates a vertical parapet wall or
flat roof with a pitch of less than three in twelve which protrudes above the 25 -foot height
limitation and is clearly shown on the application and approval by either clearly and
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unambiguously delineating the intrusion in a scale drawing or is clearly and unambiguously set
forth within the text of the application and approval. All other aspects of the building, project or
structure shall vest in accordance with ECDC 19.00.110 and RCW 19.27.095.
Section 3. Pursuant to the requirements of RCW 35A.63.220, a public hearing is
hereby set on March 16, 2004, 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 1215 th Avenue North, Edmonds, WA.
Section 4. 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.
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H I Y Y:
BY ay�k---
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02/20/2004
PASSED BY THE CITY COUNCIL: 02/24/2004
PUBLISHED: 02/29/2004
EFFECTIVE DATE: 03/05/2004
ORDINANCE NO. 3488
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SUMMARY OF ORDINANCE NO. 3488
of the City of Edmonds, Washington
On the 24th day of February, 2004, the City Council of the City of Edmonds,
passed Ordinance No. 3488. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING
PURSUANT TO RCW 35A.63.220 AN INTERIM ZONING REGULATION CLARIFYING
THE APPLICATION OF ROOF HEIGHT ABOVE TWENTY -FIVE (25) FEET AS A PART
OF MODULATED ROOF AND BUILDING DESIGN, VESTING CERTAIN APPLICATIONS
IN PROCESS, ESTABLISHING A PUBLIC HEARING DATE WITHIN SIXTY (60) 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 25th day of February, 2004.
CITY CLERK, SANDRA S. CHASE
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Page 1 of 1
RCW 35.A.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.]
Adopted by Reference
Ordinance #3 ffe on a4Y 0�
City Clerk
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Affidavit of Publication
STATE OF WASHINGTON, } S.S.
COUNTY OF SNOHOMISH
SUMMARY_OF ORD.INANCE.NO._3488
of the City of Edmonds, Washington
On the 24th day of February, 2004, the City Council of the
City of Edmonds, passed Ordinance No. 3488. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, ADOPTING PURSUANT TO RCW 35A.63.220 AN IN-
TERIM ZONING REGULATION CLARIFYING THE APPLICA-
TION OF ROOF HEIGHT ABOVE TWENTY -FIVE (25) FEET
AS A PART OF MODULATED ROOF AND BUILDING DE-
SIGN, VESTING CERTAIN APPLICATIONS IN PROCESS,
ESTABLISHING A PUBLIC HEARING DATE WITHIN SIXTY
((60 DAYS OF THE ADOPTION OF THIS ORDINANCE,
AN% FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 25th day of February, 2004.
CITY CLERK, SANDRA S. CHASE
Published: February 29, 2004.
.RECEIVED
;4
MAR 0 8 2004
EDMONDS CI Y,CLERK
Account Name: City of Edmonds
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
City of Edmonds
Summary of Ordinance No. 3488
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:
February 29, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and swom to before me this
day of March, 2004
Notary Public in and for the S e o
County.
Account Number: 101416
1st
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Order Number. 0001138929