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Ordinance 26520006.15003 WSS50374O LKN/imm 12/29/87 ORDINANCE NO. 2652 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 17.40.020 RELATING TO NONCON- FORMING BUILDINGS IN ORDER TO PROVIDE FOR GREATER FLEXIBILITY IN THE REMODEL OR RECON- STRUCTION OF A NONCONFORMING STRUCTURE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, the Planning Board of the City of Edmonds has, with the guidance of the City Council, recommended by its recommendation #CDC-4-87 that the nonconforming building regulations of the City of Edmonds be amended in order to delete the existing requirement that limits remodeling, repair or reconstruction of a nonconforming structure to 25% of its fair market value, and WHEREAS, the City Council after public hearing has determined that such amendments are in conformance with the Comprehensive Plan and in the best interest of the health, safety and welfare of the City, NOW, THEREFORE, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC section 17.40.020 Nonconformin Buildings is hereby amended to read as follows: 1 7 An n7n Kir%viinr%Kinr%ri RN T Aif� nr7Tr TT klt�c' A. Definition. A nonconforming building is a building 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. B. Continuation. A nonconforming building 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. C. Historic buildings. Nothing in this section shall prevent the full restoration of a building which is listed on the National Register of Historic Places, The Washington State Register of Historic Places or the Washington State Cultural Resource Inventory. D. Maintenance and alterations. 1. Ordinary maintenance and repair of a nonconforming building shall be permitted. 2. 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. 3. 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 structure be moved for any reason for any distance whatsoever, it shall thereafter come into conformance with the setback and lot coverage requirements for the zone in which it is located. Movement alone of a nonconforming structure shall not require the owner thereof to bring the structure into compliance with any other bulk or site development standard of the City applicable solely to the building itself. F. Restoration. If a nonconforming building is destroyed or is damaged in an amount equal to 50% or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in 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 staff decision under the provisions of ECDC 20.105.030. Damage less than 50% of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the - 2 - damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit within one (1) year of the date such damage occurred. Section 2. 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 the attached summary which is hereby approved. APPROVED: z�- MAYOR, NAUGHTEN ATTEST/AUTHENTICATED: U���)Z/ TY CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: I 1 BY FILED WITH THE CITY CLERK: l%�Yewber PASSED BY THE CITY COUNCIL:` J PUBLISHED: January 17, 1988 EFFECTIVE DATE: January 22, 1988 ORDINANCE NO. 2652 dam Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHO1ViISH, 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 SUMMARY OF Court of Snohomish County and that the notice ........................................ ORDINANCE No. F 52' AN ORDINANCETOF WASH NGTON AMENDING NGTTONONCONFORMING .....SC1�IMARY.GF_ ORDINANCE- N0. 2652 BUILDINGSpR ORDER TO GREATER PROVIDE FOR FLEXIBILITY IN THE QrMODEL OR R. CO A >c...,,.,_ -.................... —....................... ----...... ................ .............. ............................. .................... the CITY s ed oorldinanceo N om2652 a printed copy of which is hereunto attached, was published in said Is r vides gmendIt ss ECDC ectio�II.natin9 to noncon- newspaper proper and not in supplement form, in the regular and reate9mthader to n 45- of fo rs in rma ket entire edition of said paper on the following days and times, namely: slue and provlding for repairs nd molntenance which do not tcrease the degree of noncon- ormlty of such structure. J�[J�y 17th 1988 N ena e shall beco Section 2. Provides the become me ........ ........................ --......... a e............------.......................---••............. , somctwe. The full text of this once It out chorge to anvonemwhto odsubmts awrl"en Clerkof the............................................................................................................................. re of EdI ondshfor o copy of ihAtext. OVF_DeibYmeetin0City o and that said ne spaper was regularly distributed to its subscribers council ar during all o d period. IJanuarY 12 1988. t JACQJELINE G. PARRETT �✓', '. � CltY Clerk 17 1988. / anuarY Published: J � � Principal Clerk 18th Subscribed and sworn to before me this ............................ _JAN'JARY ! 88 day of..............17 ..... �: 19........ ./ Nota� Public in �nd fior the State of Washington, res�c�-ing At Everett, Snohomish County. B-2-1