Resolution 563PLANNING COMMISSION
RESOLUTION NO. 563
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS
RECOMMENDING APPROVAL OF A PROPOSED AMENDMENT TO THE
ZONING CODE TO INSERT IN CHAPTER 12.15 ABATEMENT PROVISIONS
FOR NON -CONFORMING UNITS IN MULTIPLE FAMILY BUILDINGS
AS SET FORTH IN FILE # ZO-5-77
WHEREAS, the Planning Commission of the City of
Edmonds, pursuant to proper notice and publication, held a
public hearing on a proposal to amend the Zoning Code to
insert in Chapter 12.15 abatement provisions for non -conforming
units in multiple family buildings; and
WHEREAS, there are persons who buy an apartment
building containing an illegal dwelling unit without
knowledge of the non -conforming condition; and
WHEREAS, the legal remedies of purchasing
additional land or discontinuing the non -conforming use of
the unit may prove a hardship to the innocent purchaser; and
WHEREAS, the Zoning Code should be amended to
provide relief to such a purchaser; now therefore
BE IT RESOLVED that the Planning Commission
recommends and forwards to the City Council of said City,
that the proposed amendment to the Zoning Code as set forth
in Exhibit "A" attached hereto, be adopted.
DATED this .17
File No. ZO-5-77
day of July, 1977.
/ /1: 9/X e
Cht dm s Planning Commission
{ w
Director of Co unity/ De elopment
Hearing Date: 6/8/77, 7/13/77
Initiated By: Chester Bennett
Amendment to Chapter 12.15 Non-Gonforming multi-family.units.
1. Non -conforming Unit Defined. For the purposes
of this section "non -conforming unit' means a
dwelling unit existing in a multi -family dwelling
in excess of the allowable number of dwelling units
permitted by the provisions of this zoning code.
2. Application. The provisions of this section shall
apply only to multi -family dwellings constructed
after October 20, 1964. The provisions of this
section shall not apply to any multi -family
dwelling or dwelling unit for which a building
permit is required after the effective date of
this section.
3. Compliance Required. The owner of any multi -family
dwelling containing any non -conforming units shall
eliminate all non -conforming units in the manner as
provided hereinafter.
4. Manner of Obtaining Compliance. Non -conforming
units shall be elminated by any of the following
methods, including any combination thereof.
a. Reduce the number of dwelling units in
the multi -family dwelling to the number
allowed by the provisions of the zoning
code, or
b. Acquire sufficient. contiguous real property
to meet the density,requirements of the
zoning code, or
C. Obtain a permit to maintain one non-
conforming unit from the Board of Ad-
justment.
If neither a. or b. above are available to the
owner to make the building conform to the zoning
code, the owner may request the Board of Adjust-
ment for a permit to maintain one non -conforming
unit. The owner shall demonstrate to the Board
that:
1. He did not create the non -conforming condition.
2_. He purchased the.building in good faith with
no knowledge of the non -conforming condition.
In addition, the owner shall pay all water and sewer
fees chargeable to the non -conforming unit, and shall
execute and record at his expense, a covenant as
provided in Section 11.02.036 of the Edmonds City Code.
ZO-S-77
(7/5/77)