Ordinance 4149ORDINANCE NO.4149
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM - ZONING
ORDINANCE TO AMEND SUBSECTION 17.40.020(F) OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED "NONCONFORMING BUILDING AND/OR
STRUCTURES," DECLARING AN EMERGENCY
NECESSITATING IMMEDIATE ADOPTION AND
EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE
WHEREAS, local jurisdictions are free within certain constitutional limitations to
establish their own standards for the regulation of nonconforming structures; and
WHEREAS, The City's Comprehensive Plan Housing Goal D states our city should
maintain a valuable housing resource by encouraging preservation and rehabilitation of the older
housing stock in the community; and
WHEREAS, the Housing Goals also states for our City to evaluate City ordinances and
programs to determine if they prevent rehabilitation of older buildings; and
WHEREAS, the WA State Supreme Court has held that although found to be detrimental
to important public interests, nonconforming uses may be allowed to continue under certain
conditions based on the belief that it would be unfair and perhaps unconstitutional to require an
immediate cessation of a nonconforming use; and
WHEREAS, in the event of a disaster such as a fire or earthquake that destroyed
nonconforming condominiums and multi -family structures, the current Edmonds City
Development Code does not allow the same number of housing units to be rebuilt, causing undue
hardship and leaving residents without a home; and
WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an
emergency basis without first holding a public hearing; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Subsection 17.40.020 (F) of the Edmonds Community Development Code, entitled
"Restoration," is hereby amended to read as follows (new text is shown in underline; deleted text
is shown in strikethrough).
F. Restoration. If a nonconforming building or structure is destroyed or is
damaged in an amount equal to 75 percent or more of its replacement cost at the
time of destruction, said building shall not be reconstructed except in full
conformance with the provisions of the Edmonds Community Development Code,
PROVIDED THAT a multifamily residential building may be restored in the
same location and to the same density, height, setbacks and covers a as existed
before the destruction or damage occurred if an application for building permit is
submitted within one year of the date the damage occurred. Determination of
replacement costs and the level of destruction shall be made by the building
official and shall be appealable as a Type II staff decision under the provisions of
Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs may
be repaired, and the building returned to its former size, shape and lot location as
existed before the damage occurred, if, but only if, such repair is initiated by the
filing of an application for a building permit which vests as provided in
ECDC I 9.00.015 et seq. within one year of the date such damage occurred. This
right of restoration shall not apply if:
1. The building or structure was damaged or destroyed due to the unlawful
act of the owner or the owner's agent; or
2. The building is damaged or destroyed due to the ongoing neglect or
gross negligence of the owner or the owner's agents.
Section 2. Sunset. This interim ordinance shall remain in effect for 180 days from the effective
date or until it is replaced with another ordinance adopting permanent regulations, after which
point it shall have no further effect.
Section 3. 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 4. Declaration of Emergency. The City Council hereby declares that an emergency exists
necessitating that this Ordinance take effect immediately upon passage by a majority vote plus
one of the whole membership of the Council, and that the same is not subject to a referendum.
Section 5. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 3, as long as it is approved by a majority plus
one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted
by a majority plus one of the entire membership of the council, then the language declaring an
emergency shall be disregarded, in which case, 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.
Section 6. Adoption of Findings. The city council hereby adopts as findings of fact in support of
the adoption of this ordinance the "whereas" clauses above.
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
APPROVED:
FILED WITH THE CITY CLERK:
April 19, 2019
PASSED BY THE CITY COUNCIL:
April 23, 2019
PUBLISHED:
April 26, 2019
EFFECTIVE DATE:
April 23, 2019
ORDINANCE NO.
4149
SUMMARY OF ORDINANCE NO.4149
of the City of Edmonds, Washington
On the 23`d day of April, 2019, the City Council of the City of Edmonds, passed Ordinance No.
4149. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AN INTERIM ZONING
ORDINANCE TO AMEND SUBSECTION 17.40.020(F) OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
ENTITLED "NONCONFORMING BUILDING AND/OR
STRUCTURES," DECLARING AN EMERGENCY
NECESSITATING IMMEDIATE ADOPTION AND
EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE..
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of April, 2019.
5; .
ERK, SCOTT P SEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Leanna Hartell being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH854109 ORDINANCE NO.
4149 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
04/26/2019 and ending on 04/26/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee f is
$10;'
Subscribed and swom before me on this
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Notary Public in and for the State of
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City of Edmond' - LEGAL ADS 114101416
SCOTIPASSEY
Classified Proof
SUMMARY OF ORDINANCE NO, 4149
or the Clly 'Of f_xfmunds, W40hinoon
On Inc 23rd clay of Apr% 2019, the City C:okjxi of .the Chy of
Edmonds, ppeeaaed Oro4idnee Na. 4149. A summary or the content
Of ealddrdlfoence, corf5[spag of tho U3v, piwldes am fopowi:
AN OR,,NANGE flF THE CITY OF EDMONDS.
WASNINGTON, ADOMINO AN INTERIM ZONING
ORDINANCE TO AMEND SUBSECTION 17.413.02C(PI OF
THE EoMomp5 COMMUNITY DEVELOPMENT CODE,
ENTITLED "NONCONF[MRMIN3 BUILDING ANDICR
9MUCTURES; DECLARING AN EMERGENCY
NECESSITATING IMMEDIATE ADOPTION AND
EFFECTIVENESS OF THIS INTERIM TONING ORDINANCE.
The fdp"DftYfa OrdKBrKe will bo mdlnd upon m"61.
DATED 0" 2W 44y of ApN, 2019,
CITY CLERIC, SCOTT PASSEY
Pdb15bed:AprIL25, 29i9, EDW6641op
Proofed by Hartell, Leanna, 05/16/2019 10:11:13 am Page: 2
Legal Invoice
Sound Publishing, Inc.
Unit Attn: AIR
PO Box 930
Everett WA 98206-0930
Bill To:
City of Edmonds - LEGAL ADS
Attn: Scott Passey
121 - 5th Ave N
Edmonds WA 98020
Legal Description: City Ordinances
Desc: ORDINANCE NO.4149
Ordered By: SCOTT PASSEY
Issues Ordered: 1
Date: 04/26/2019
Everett Daily Herald
Customer Account #: 14101416
Legal Description: EDH854109
Legal #: EDH854109
Ad Cost: $ 30.77
Published: Everett Daily Herald
Start Date: 04/26/2019 End Date: 04/26/2019
Due: $ 30.77
Please return this with payment. Questions? Call 1-8004854920
City of Edmonds - LEGAL ADS Account M 14101416
Attn: Scott Passey Invoice M EDH854109
121 - 5th Ave N
Edmonds WA 98020 Due: S 30.77