Ordinance 36820006.90000
BFP/
3/19/08
3/26/08
ORDINANCE NO. 3682
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE DEFINITION OF STREET
SETBACK IN ECDC 21.90.140, ADOPTING A NEW SECTION
ECDC 21.85.015 DEFINING RAINWATER COLLECTION
TANK, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the City of Edmonds is a signatory to the U.S. Mayors Climate
Protection Agreement; and
WHEREAS, the Agreement urges the practice and promotion of sustainable
building practices using the U.S. Green Building Council's LEED Program; and
WHEREAS, water efficiency is a major factor in LEED programs; and
WHEREAS, water efficiency can be achieved by installation of rainwater
collection and reuse systems to provide water for toilets and urinals, mechanical cooling
equipment and irrigation; and
WHEREAS, the major disincentives to installing rainwater collection and reuse
systems are the displacement of developable areas and the cost of underground tanks; and
WHEREAS, the City Council finds it to be in the public interest to adopt an
interim ordinance removing certain barriers in the Edmonds Community Development Code that
discourage installation of rainwater collection and reuse systems; and
WHEREAS, both RCW 35A.63.220 (planning and zoning in code cities) and
RCW 36.70A.390 (the Growth Management Act) authorize the use of interim zoning ordinances
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where the City Council finds that the public health, safety and welfare so requires, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council hereby makes the following findings in
support of this interim Ordinance:
a) The findings as set forth in the "WHEREAS" clauses are
adopted and incorporated herein by this reference.
b) ,Under the current code, permanent or semi - permanent above-
ground rainwater collection tanks are not permitted on street
setbacks.
c) Hindering the practice and promotion of sustainable building
practices is inconsistent with the City's responsibilities as a
signatory to the U.S. Mayors Climate Protection Agreement.
d) The City is authorized pursuant to RCW 35A.63.220 and RCW
36.70A.390 to adopt interim zoning control for the purpose of
protecting the public health, safety and welfare while new
development standards are considered, prepared and enacted.
e) The interim amendment set forth herein is intended to protect
the public health, safety and welfare.
Section 2. Amended. ECDC 21.90.140 Street Setback. is hereby amended to
read as follows:
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.
For purposes of this section, and this section only, the following
shall not be considered a building or structure:
A. Rainwater collection tanks laid completely underground.
B. Partially or completely above - ground rainwater collection
tanks in commercial and industrial zones that meet the following:
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I . Occupy 10% or less of the setback area adjoining any
specific street.
2. Do not exceed the maximum height for accessory structures
of the zone.
3. Do not create a hazard to users of the street or nearby
property.
4. Contain educational components, consisting of illustrated
plaques, photographs, and /or other visual aids providing
information on the purpose, function and benefits of the
tanks in improving water efficiency and sustainability of
the developments.
Section 3. Adopted. A new section, ECDC 21.85.015 Rainwater Collection
Tank., is hereby adopted to read as follows:
21.85.015 Rainwater Collection Tank.
Rainwater collection tank means a fixed or attached (as opposed to
portable) water tank and necessary appurtenances thereto used for
storing rainwater collected from buildings, structures or
surroundings on the same property as the water tank for reuse
therein, thereby intended to improve the water efficiency and
sustainability of the development. All surplus discharge must go
into an approved stormwater system.
Section 4. Public Hearing. As required by RCW 35A.63.220, this interim
Ordinance shall expire six months from the date of adoption, unless sooner repealed or
subsequently extended by act of the City Council. In the meantime, as further required by RCW
35A.63.220, the City Clerk is directed to schedule a public hearing on this ordinance within sixty
(60) days of its adoption. The City Council may in its discretion adopt additional findings in
support of this interim Ordinance at the conclusion of the public hearing. The Planning Board is
required to make a recommendation on the final version of this ordinance to be adopted by the
City Council prior to its expiration.
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Section 5. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this interim Ordinance shall be transmitted to the Washington Department of
Community, Trade, and Economic Development as required by law.
Section 6. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this interim Ordinance.
Section 7. 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.
APPROV .
4LtA-�--
MA R G Y HAAKENSON
ATTEST /AUTHENTICATED
4diAzeu, 'dr - e-zu--
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO F RM:
OFFICE OF T E Y AT O EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/28/2008
PASSED BY THE CITY COUNCIL: 04/01/2008
PUBLISHED: 04/06/2008
EFFECTIVE DATE: 04/11/2008 (Expires in six months: 10/11/2008)
ORDINANCE NO. 3682
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SUMMARY OF ORDINANCE NO. 3682
of the City of Edmonds, Washington
On the 1 st day of April, 2008, the City Council of the City of Edmonds, passed
Ordinance No. 3682. 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 DEFINITION OF STREET
SETBACK IN ECDC 21.90.140, ADOPTING A NEW SECTION
ECDC 21.85.015 DEFINING RAINWATER COLLECTION
TANK, 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 April, 2008.
AITY CLERK, SANDRA S. CHASE
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