Ordinance 3962ORDINANCE NO. 3962
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 17.40 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD
SECTION 17.40.023, AMNESTY FOR CERTAIN LONG -
EXISTING WIRELESS COMMUNICATION FACILITIES,
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, AT&T proposed a new section ECDC 17.40.023 on May 3, 2013 that would
give legal nonconforming status to all wireless facilities in existence on August 5, 1998 even if
they had not been permitted upon their establishment; and
WHEREAS, the proposed language of ECDC 17.40.023 was reworded to the current
proposed language prior to the planning board's public hearing on the matter; and
WHEREAS, the planning board held a public hearing on December 11, 2013; and
WHEREAS, the planning board unanimously recommended approval of the proposed
language after the public hearing; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A new Section, 17.40.023, entitled "Amnesty for certain long -existing
wireless communication facilities," is hereby added to the Edmonds Community Development
Code to read as follows:
17.40.023 Amnesty for certain long -existing wireless communication facilities.
A. Any wireless communications facility that was established prior to August 5, 1998 and does
not conform to the current standards of chapter 20.50 ECDC shall be treated as a legal
nonconforming wireless communications facility regardless of whether the original
establishment of that wireless communication facility complied with applicable code that existed
at the time of such establishment.
B. The owner of such a facility must present substantial evidence that conclusively demonstrates
that the wireless communications facility existed on or before August 5, 1998.
C. All maintenance and alterations may be made in accordance with ECDC 17.40.020.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
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.
15E •; i/:
ATTEST/AUTHENTICATED:
SCOTT PASSE CI CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: February 21, 2014
PASSED BY THE CITY COUNCIL: February 25, 2014
PUBLISHED: March 2, 2014
EFFECTIVE DATE: March 7, 2014
ORDINANCE NO. 3962
SUMMARY OF ORDINANCE NO.3962
of the City of Edmonds, Washington
On the 25th day of February, 2014, the City Council of the City of Edmonds, passed
Ordinance No. 3962. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 17.40 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
ADD SECTION 17.40.023, AMNESTY FOR CERTAIN
LONG -EXISTING WIRELESS COMMUNICATION
FACILITIES, PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 26th day of February, 2014.
CITY LERK, SCO Y
3
Everett Daily Herald
Affidavit of Publication
STATE OF WASHINGTON }
COUNTY OF SNOHOMISH } SS
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 is a true copy of City
Ordinances - Ordinance Nos. 3961 and 3962
546760
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:
1 issue(s), such publication commencing on
03/02/2014 and ending on 03/02/2014 and
that said newspaper was regularly distributed
to its subscribers during all of said period.
The amount of the fee for such publication is
$ 41.28.
L�E' 7-'k-0-fv"n'—
Subscribed and sworn before me on th'
ay of
Notary Public in and for the State of
Washington, residing at Everett, Snohomish
County.
City of Edmonds EDH101416 - PO: ORD. 3961 & 3962
ORDERED BY: SCOTT PASSEY
U. H
D
Of the Cf1y or Edmonds. W 1a6-1&plon
tho 25ih Day of Febru", 2p14„ the City Council or Ilia Clt or
ponds. W95hh19tan, passed the folfowing Ordlnancos. The
N ORDINANCE OF THE CITY OF EDMON
MENDING CHAPTER 20.60. WIRELESS
ACiLITIES, SECTION 21.05.005, ACCE'
EVICE. AND SECTION 17.0.020, NC
UILDING_ANDIOR STRUCTURE. OF
fE CITY OF EDMONC
17.40 OF THE EOMO
TO ADD SECTION 17
rAOr�rtiEs. PROVIDING FOR SEVERABILITY An1D
ESTABLISHING AN EFFECTIVE DATE.
The lull text of any Ordlydrnce will be mailed upon request. Dated
Ihls 26th Day of February, 2014.
Published: March 2, 2014., CITY CLERK, SCOTT PASSEY