Draft Setback Exemption Ordinance.pdf
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING A QUALIFIED BUILDING
SETBACK EXEMPTION FOR RESIDENTIAL PROJECTS
WITH EXPIRED COUNTY BUILDING PERMITS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City of Edmonds (“City”) annexed a significant area within
unincorporated Snohomish County (“County”) within the past 15 years; and
WHEREAS, the City and the County entered into an interlocal agreement (“ILA”)
to coordinate as well as to facilitate the transfer of building permit applications and development
permits in process by the County; and
WHEREAS, the ILA required the County to notify the City of the status of
unexpired permits being processed and administered by the County in the annexation area; and
WHEREAS, it has been brought to the City’s attention that the County did not
notify the City that certain building permits that were being administered by the County
following annexation expired without final approval; and
WHEREAS, under the current code, projects in the annexation area with expired
permits from the County (“Projects”) must be updated to meet all criteria of the Edmonds
Community Development Code (“ECDC”); and
WHEREAS, updating Projects to meet certain criteria in the ECDC, such as
certain building setback requirements, may not be possible without undoing improvements that
have already been partially inspected and approved; NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.Qualified Setback Exemption. Notwithstanding the current criteria in
the ECDC relating to residential building setbacks, development projects in areas annexed by the
City of Edmonds from unincorporated Snohomish County since 1994 with building permits from
Snohomish County that were valid on the effective date of the aforementioned annexation, but
which have subsequently expired without final approval, shall be exempt from the setback
requirements specified in ECDC 16.20.030 and 16.30.030; PROVIDED that the development
projects are (1) residential in nature; (2) located in residentially zoned areas of the City of
Edmonds; (3) meet setback requirements of the then current Snohomish County code in effect on
the effective date of the aforementioned annexation; (4) consistent with the plans approved by
the County (it will be the applicant’s responsibility to provide the City with evidence that the
project was approved by the County); and (5) compliant with all other applicable criteria in the
current ECDC.
Section 2.Valid Permit Required. Nothing in this ordinance shall be interpreted
to allow any development project in the City of Edmonds, for which a valid building permit from
the City is required under the current ECDC, to begin, proceed or be completed without the
same.
Section 3.Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this Ordinance shall be transmitted to the Washington Department of Community,
Trade, and Economic Development as required by law.
Section 4.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
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five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR GARY HAAKENSON
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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SUMMARY OF ORDINANCE NO. __________
of the City of Edmonds, Washington
On the ____ day of ___________, 2009, the City Council of the City of Edmonds,
passed Ordinance No. _____________. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ESTABLISHING A QUALIFIED BUILDING
SETBACK EXEMPTION FOR RESIDENTIAL PROJECTS
WITH EXPIRED COUNTY BUILDING PERMITS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this _____ day of ________________, 2009.
CITY CLERK, SANDRA S. CHASE
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