Ordinance 4151ORDINANCE NO.4151
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AMENDMENTS TO THE
EDMONDS COMMUNITY DEVELOPMENT CODE
RELATING TO THE ABILITY TO REBUILD CERTAIN
NONCONFORMING STRUCTURES
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 that the 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 state that City ordinances and programs should be
evaluated to determine if they prevent rehabilitation of older buildings; and
WHEREAS, the Washington 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 Edmonds City Development
Code did not allow the same number of housing units to be rebuilt, causing undue hardship,
particularly in cases where units in multi -family structures are each separately owned; and
WHEREAS, pursuant to RCW 36.70A.390, the City adopted Ordinance 4149 on April
23, 2019 to address these issues on an interim basis; and
WHEREAS, the Planning Board has since considered these issues further and has held a
public hearing on May 22, 2019; and
WHEREAS, after its public hearing, the Planning Board recommended that the City
Council adopt the following amendments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 17.040.010 of the Edmonds Community Development Code, entitled
"Nonconforming uses," is hereby amended to read as set forth on Attachment A hereto which is
incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in
strikethrough).
Section 2. Section 17.040.020 of the Edmonds Community Development Code, entitled
"Nonconforming building and/or structure," is hereby amended to read as set forth on
Attachment A hereto which is incorporated herein as if set forth in full (new text is shown in
underline; deleted text is shown in strikethrough).
Section 3. A new Section 19.00.045 of the Edmonds Community Development Code, entitled
"Reconstruction of damaged buildings," is hereby adopted to read as set forth on Attachment A
hereto which is incorporated herein as if set forth in full (new text is shown in underline; deleted
text is shown in strikethrough).
Section 4. Repealer of Interim Ordinance. Ordinance 4149 is hereby repealed.
Section 5. 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 G. 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.
ATTEST/AUTHENTICATED:
C CLE , SCOTT P SEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
APPROVED:
MAYOR DAV
2
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
May 31, 2019
June 4, 2019
June 7, 2019
June 12, 2019
4151
SUMMARY OF ORDINANCE NO.4151
of the City of Edmonds, Washington
On the 4t' day of June, 2019, the City Council of the City of Edmonds, passed Ordinance No.
4151. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AMENDMENTS TO THE
EDMONDS COMMUNITY DEVELOPMENT CODE
RELATING TO THE ABILITY TO REBUILD CERTAIN
NONCONFORMING STRUCTURES
The full text of this Ordinance will be mailed upon request.
DATED this 51" day of June, 2019.
0
Edmonds
Page 1/4
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations, but is no
longer allowed, due to the passage or later change of the ordinance codified in this chapter or a prior ordinance.
B. Continuation. A nonconforming use may continue, unless required to be abated by subsection (C) of this section,
but it may not be expanded in any way, including additional lot area, floor area, height, number of employees,
equipment, or hours of operation, except as otherwise provided in ECDC 17.40.050.
C. Lapse of Time.
1. If a nonconforming use ceases for a period of six continuous months, any later use of the property occupied
by the former nonconforming use shall conform to this zoning ordinance. Uses such as agricultural uses, which
vary seasonally, shall be deemed abandoned if the seasonal use is not utilized during one full season consistent
with the traditional use.
2. If a nonconforming residential use ceases because its building is damaged in excess of 75 percent of its
replacement cost, the use may be reestablished if, but only if, an application for a building permit which vests
as provided in ECDC ' 9.^�t519.00.025(G), et seq., is filed within 18 months of the date such damage
occurred. After the application has been filed, only one 180-day extension may be granted.
3. The right of reestablishment of use described in subsection (C)(2) of this section shall not apply if:
a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's
agent; or
b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or
the owner's agent.
In the event that subsection (C)(3)(a) or (b) of this section apply, the nonconforming use shall be abated if
damage exceeds 25 percent of replacement cost. "Replacement cost" shall be determined as provided in ECDC
17.40.020(F).
D. Conditional Uses. A legal use does not become nonconforming because the zone in which it is located is changed
to a zone district which requires a conditional use permit for the use. However, the use may not be expanded, as
provided for in subsection (B) of this section, without obtaining a conditional use permit. [Ord. 3696 § 1, 2008].
17.40.020 Nonconforming building and/or structure.
A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development
standards applicable to its construction, but which no longer conforms to such standards due to the enactment or
amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a
structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an
accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence
conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property
that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city
of Edmonds. Such presumption may be overcome only by clear and convincing evidence.
B. Continuation. A nonconforming building or structure may be maintained and continued, unless required to be
abated elsewhere in this chapter or section, but it may not be changed or altered in any manner which increases the
degree of nonconformity of the building except as expressly provided in subsections (C) through (I) of this section.
C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a
building or structure which is either listed on the National Register of Historic Places, the Washington State Register
of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places,
or is listed in a council -approved historical survey meeting the standards of the State Department of Archaeology
and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the
same visual design appearance and materials as is consistent with full compliance with the State Building Code and
The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019.
Edmonds
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consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction
of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted.
2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar energy
installation mounted on a nonconforming building that exceeds the existing height limit may be approved as a
Type II staff decision if:
a. The installation exceeds the existing roof height by not more than 36 inches.
b. The installation is designed and located in such a way as to provide reasonable solar access while
limiting visual impacts on surrounding properties.
3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site development and bulk
standards, and which do not expand any nonconforming aspect of the building, shall be permitted.
4. In an effort to provide modular relief, minor architectural improvements in commercial and multifamily
zones may encroach into the nonconforming setback adjacent to an access easement or public right-of-way not
more than 30 inches. Minor architectural improvements may also be permitted in nonconforming side or rear
yard setbacks only if they intrude not more than 30 inches nor one-half of the distance to the property line,
whichever is less. "Minor architectural improvements" are defined as and limited to bay windows, eaves,
chimneys and architectural detail such as cornices, medallions and decorative trim. Such improvements shall be
required to obtain architectural design review. Nothing herein shall be interpreted to exempt such
improvements in compliance with the State Building and Fire Codes.
5. Alterations required by law or the order of a public agency in order to meet health and safety regulations
shall be permitted.
E. Relocation. Should a nonconforming building or structure be moved horizontally for any reason for any distance,
it shall thereafter come into conformance with the setback and lot coverage requirements for the zone in which it is
located. Provided, however, that a building or structure may be moved on the same site without full compliance if
the movement reduces the degree of nonconformity of the building or structure. Movement alone of a
nonconforming building or structure to lessen an aspect of its nonconformity shall not require the owner thereof to
bring the building or structure into compliance with other bulk or site development standards of the city applicable
to the building or structure.
F. Restoration.
1. 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. 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 ' 9.^�1519.00.025(G) et seq. within one-yeaf18
months of the date such damage occurred. The director may grant a one-time extension of up to 180 days if
a written extension request has been received from the applicant prior to the expiration of the initial 18
months. This right of rester-a4ion shall not ply ;f-.
1. The building or straetwe was damaged or destroyed due to the unlawful act of the owner or the owner's
o
The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019.
Edmonds
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2. 455-Residential Buildings i C^m ner-ci ' Zones. Existing nonconforming buildings in commercial zones in
use solely for residential purposes, or structures attendant to such residential use, may ber-emadeled or -
reconstructed without regard to the limitations of subsections4$} (E) and (F) of this section, if, but only if,
the following conditions are met:
Via. If a nonconforming multifamily residential building or a mixed use building containing multiple
residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction,
the building may be restored to the same density, height, setbacks or coverage as existing before the
destruction or damage occurred if, but only if, an application for a building permit which vests as
provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred.
The director mU grant a one-time extension of up to 180 days if a written extension request has been
received from the applicant prior to the expiration of the initial 18 months. The-efflade er
mean an afea equal to the smallest r-eetangular- afea in a plane pafailel to the ground in whiek the
a -ad provided, tLm the new featpr-k4 of the building or- sti%etufe shall not be expanded by fner-e than 10
per-eefft and is fe�d by the eity staff to be substantially similaf to the eriginal style and eans4fuetion
fib. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No
nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use
under state law or city ordinance of a conforming neighboring lot or building would be limited by such
remodel or reconstruction.
Vic. These provisions shall apply only to the primary residential use on site and shall not apply to
nonconforming accessory buildings or structures.
4A. A nonconforming residential single-family building may be rebuilt within the defined building
envelope if it is rebuilt with materials and design which are substantially similar to the original style
and structure after complying with current codes. Substantial compliance shall be determined by the
city as a Type II staff decision, except that any appeal of the staff decision shall be to the Architectural
Design Board tADB) rather than to the hearing examiner. The decision of the ADB shall be final and
appealable only as provided in ECDC 20.07.006.
3. The right of restoration shall not apply if
a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the
owner's agent;
b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or
owner's agents; or
&c. The building was demolished for the purpose of redevelopment
4G. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall
be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the
accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1,
1981, then the date shall be that of the effective date of the annexation to the city of Edmonds. Such presumption
may be overcome only by clear and convincing evidence.
-1-.H. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential
structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BD5 zone, conforming
and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 without
being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030(B).
kI. The antenna and related equipment of a nonconforming wireless communication facility may be completely
replaced with a new antenna and related equipment; provided, that, upon replacement, the applicant shall use the
The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019.
Edmonds
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best available methods and materials to enhance the appearance of the antenna and related equipment and/or screen
it from view in a manner that improves the visual impact or the conspicuity of the nonconformity. [Ord. 3961 § 3,
2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 20081.
NEW 19.00.045
19.00.045 Reconstruction of damaged buildings. For any structure that is destroyed, damaged or
demolished in an amount equal to 75 percent or more of its replacement cost of the time of destruction,
the reconstruction shall be considered to be under the category of "New" construction. 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. The "New"
construction will be subject to all applicable requirements of the Edmonds Community Development
Code for a new building, including but not limited to zoning, utilities and site -related features; provided
that Chapter 17.40 ECDC also applies to certain requirements for nonconforming buildings and uses.
The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019.
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 EDH860195 ORDINANCE NO.
4151 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
06/07/2019 and ending on 06/07/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such public ion is
$25,3�._
Subscribed and sworn before me on this
� - day of
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEY
Classified Proof
SUMMARY of ORDINANCE NO. 4151
of Ine City of Fdmpnds, 11whi 1plon
On the dlh day a} June. 2019, the City CCuncN of the Clly at
EdntontlS. pas sea OrWnRnce No. A 141 A summary of Me eorile0
o1 sald ordbe rice, conalsyng of Me IIIk, rwl005 ei WIOW$:
AN ORDINANCE OF THE CFI OF EDMONDS.
WASHINGTONI ADOPTING AMENDMENTS TO THE
EDMONDS COMMUNITY DEVELOPMENT CODE
RELATING TO THE Af it.fTY TO REBUILD CERTAIN
NONCONFORMING STRVMRES
The fuo Iext of this Ordinance will be rnsaea uparl request
DATED M 5th day of June, 2019,
CITY CLERK, SCOTT PASSEY
Published: June 7, 2019. EDH960195
Proofed by Hartell, Leanna, 06/07/2019 08:43:55 am Page: 2