Ordinance 35220006.90000
WSS /amg
10/22/04
ORDINANCE NO. 3522
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ENACTING AN INTERIM ZONING
ORDINANCE AMENDING THE DEFINITIONS OF SIDE
SETBACK ECDC 21.90.050, STREET SETBACK ECDC
21.90.140, REAR SETBACK ECDC 21.85.020, PROVIDING
FOR A PUBLIC HEARING, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council has in a separate quasi judicial decision determined
that provisions of the Edmonds Community Development Code regarding setback are
ambiguous, and
WHEREAS, the City Council wishes to establish a definition of setback which
comports with the City's prior administration, while exempting minor structures from its
regulation, and forwarding the issue of exemptions to the Planning Board for public input, and
WHEREAS, the maintenance of front, rear and side yard setbacks is critical to the
residential character of the neighborhoods of the City and provides for privacy, the passage of
light and air, and a uniform and neighborhood- friendly environment, and, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Pursuant to the authorization of RCW 36.70A.390, the following
interim zoning ordinance amending the provisions of Edmonds Community Development Code
Sections 21.90.050, 21.90.140 and 21.85.020 is hereby enacted.
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follows:
Section 2. ECDC 21.90.050 Side Setback is hereby amended to read as follows:
21.90.050 Side Setback.
Side setback is the minimum distance required by this code for a
building or structure to be set back from a side lot line.
Section 3. ECDC 21.90.140 Street Setback is hereby amended to read as
21.90.140 Street Setback.
Street setback means the minimum distance required by this code
for a building or structure to be set back from the street lot line.
Section 4. ECDC 21.85.020 Rear Setback is hereby amended to read as follows:
21.85.020 Rear Setback.
Rear setback means the minimum distance required by this code
for a building or structure to be set back from the rear lot line.
Section 5. Pursuant to RCW 36.70A.390, public hearing on this interim zoning
ordinance shall be held on the 7th day of December, 2004, at 7:00 p.m., or as soon thereafter as
the matter may be heard by the City Council. The City Clerk is authorized to provide notice of
this hearing.
Section 6. The Edmonds Planning Board is hereby charged with the evaluation
of this interim zoning ordinance for adoption, and particularly is requested to advise the Council
regarding any exceptions or exclusions which should be made for minor structures such as
birdhouses, play structures, tree houses, trash containers, front yard light poles, mailboxes, and
other similar minor structures greater than three (3) feet in height but which are common to
residential neighborhoods and do not impose inappropriate burdens on neighboring properties.
Section 7. 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
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effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
APPROVED:
MA OR HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY 5s7— —
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 10/29/2004
PASSED BY THE CITY COUNCIL: 11/01/2004
PUBLISHED: 11/07/2004
EFFECTIVE DATE: 11/12/2004
ORDINANCE NO. 3522
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SUMMARY OF ORDINANCE NO. 3522
of the City of Edmonds, Washington
On the 1" day of November, 2004, the City Council of the City of Edmonds,
passed Ordinance No. 3522. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING AN
INTERIM ZONING ORDINANCE AMENDING THE DEFINITIONS OF SIDE SETBACK
ECDC 21.90.050, STREET SETBACK ECDC 21.90.140, REAR SETBACK ECDC 21.85.020,
PROVIDING FOR A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2r'a day of November, 2004.
ITY CLERK, SANDRA S. CHASE
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Page 1 of 1
RCW 36.70A.390
Moratoria, interim zoning controls -- Public hearing -- Limitation on length -- Exceptions.
A county or city governing body that adopts a moratorium, interim zoning map, interim zoning
ordinance, or interim official control without holding a public hearing on the proposed moratorium,
interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on
the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within
at least sixty days of its adoption, whether or not the governing body received a recommendation on the
matter from the planning commission or department. If the governing body does not adopt findings of
fact justifying its action before this hearing, then the governing body shall do so immediately after this
public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official 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, interim zoning map, interim zoning ordinance, or interim official 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.
This section does not apply to the designation of critical areas, agricultural lands, forest lands, and
mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of
these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted
under RCW 36.70A.070 and implementing development regulations adopted under RCW 3.6.70A.120, if
a public hearing is held on such proposed actions.
[1992 c 207 § 6.]
Adopted by Reference
Ordinance #3522 on��11 -I -O
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Ci y Clerk
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STATE OF WASHINGTON,
COUNTY OF SNOHOTMSH
- -- �,
SUMMARY OF ORDINANCE NO. 3522
o t e ity of Edmonds, as inyton
On the 1st day of November, 2004, the City Council of the
C ty o1 Edmonds, passed Ordinance No. 3522. A summary of
the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, ENACTING AN INTERIM ZONING ORDINANCE
AMENDING THE DEFINITIONS OF SIDE SETBACK ECDC
21.90.050, STREET SETBACK ECDC 21.90.140, REAR
'SETBACK ECDC 21.85.020, PROVIDING FOR A PUBLIC
HEARING, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of November, 2004.
CITY CLERK, SANDRA S. CHASE
Published: November 7, 2004.
RECEIVED
21M
1 :'! 1-
Account Name: City of Edmonds
Affidavit of Publication
S.S.
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
Summary of Ordinance No. 3522
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:
November 07, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of November, 2004
Notary Public in an or he State of 1
County.
Account Number: 101416
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Order Number. 0001229940