Ordinance 2183r
MAE/trs/al
11/11/80
ORDINANCE NO. 2183
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADOPTING BY REFERENCE AND BY CODIFICATION AS PRO-
VIDED FOR AND PURSUANT TO THE REVISED CODE OF
WASHINGTON, A RECOMPILATION AND RECODIFICATION
OF ALL ORDINANCES OF THE CITY OF EDMONDS OF A
GENERAL, PUBLIC OR PERMANENT NATURE AS A NEW ED-
MONDS CITY CODE CONSISTING OF TITLE 1, GENERAL
PROVISIONS; TITLE 2, CITY OFFICIAL AND PERSONNEL;
TITLE 3, REVENUE AND FINANCE; TITLE 4, LICENSES;
TITLE 5, PUBLIC SAFETY AND MORALS; TITLE 6,
HEALTH AND SANITATION; TITLE 7, UTILITY CHARGES
AND REGULATION; TITLE 8, TRAFFIC; TITLE 9,
STREETS AND SIDEWALKS; TITLE 10, BOARDS AND COM-
MISSIONS; TITLES 11 THROUGH 14, RESERVED; TITLE
15, COMPREHENSIVE PLAN; TITLE 16, ZONING DISTRICTS;
TITLE 17, GENERAL ZONING REGULATIONS; TITLE 18,
PUBLIC WORKS REQUIREMENTS; TITLE 19, BUILDING CODES;
TITLE 20, REVIEW CRITERIA AND PROCEDURES; AND TITLE
21, DEFINITIONS; ADOPTING A REVISED AND UPDATED
OFFICIAL ZONING MAP; ADOPTING A NEW CHAPTER 1.01
PROVIDING FOR CODIFICATION OF CITY ORDINANCES, EF-
FECT AND INTERPRETATION; AND PROVIDING PENALTIES.
WHEREAS, the City Council has adopted by separate ordinance a
new Community Development Code for the City of Edmonds, which Community
Development Code is a portion of the overall Edmonds City Code as Titles
15, 16, 17, 18, 19, 20 and 21 thereof, and
WHEREAS, the City Council has otherwise amended the Edmonds
City Code by a series of ordinances amending the Edmonds City Code in
addition to the newly adopted Edmonds Community Development Code, and
WHEREAS, the Edmonds City Code is hereby being recompiled and
recodified into one revised Edmonds City Code consisting of the prior
Edmonds City Code as amended by the above referenced series of amend-
ments together with and including new Titles 15 through 21, and
WHEREAS, said new Edmonds City Code will be considered as one
newly recompiled and recodified Edmonds City Code, it will for convenience
be fastened into separate volumes for ease of distributing and selling
functional parts to the public, and
WHEREAS, three copies of said recompilation and recodification
of the Edmonds City Code have been filed with the office of the city
clerk, as well as three copies of this adopting ordinance, for examina-
tion and use by the public, for inspection pending consideration by the
city council prior to adoption, and
WHEREAS, said three copies of said recompilation and recodi-
fication, as well as said three copies of this adopting ordinance, shall
be authenticated by the signature of the city clerk and be recorded by
the city clerk in full in the properly indexed book kept for the purpose
of recording all ordinances and resolutions adopted by the city council
and which is available for inspection by the public at reasonable times
and under reasonable conditions, and
WHEREAS, this adopting ordinance shall be published and duly
posted in at least three public places in the City of Edmonds designated
by ordinance as the official posting places for city notices, and
WHEREAS, the title of this adopting ordinance and the title of
the new Community Development Code, constituting Titles 15 through 21 of
said newly recompiled and recodified Edmonds City Code have received a
first reading by the city council, and
WHEREAS, the city council has held a public hearing pursuant
to published and posted notice of same, which said notice indicated that
the ordinances of the City of Edmonds have been recompiled and recodi-
fied, and furthermore indicated that three copies of such recompilation
and recodification have been filed in the office of the city clerk, as
-2-
well as a copy of this adopting ordinance, and furthermore indicated the
time and place of such hearing, and which said notice was published and
posted in three public places in the City of Edmonds, as officially
designated by ordinance, not more than fifteen days nor less that ten
days prior to said public hearing, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Adoption. There is hereby adopted by reference as
a code and compilation, and as a recodification, a new Edmonds City
Code, which is a recompilation and recodification of all ordinances of
the City of Edmonds of a general, public and permanent nature, as
contained in those certain copies on file in the office of the city
clerk consisting of the following titles: Title 1, General Provisions;
Title 2, City Officials and Personnel; Title 3, Revenue and Finance;
Title 4, Licenses; Title 5, Public Safety and Morals; Title 6, Health
and Sanitation; Title 7, Utility Charges and Regulations; Title 8,
Traffic; Title 9, Streets and Sidewalks; Title 10, Boards and Commis-
sions; Titles 11 through 14, Reserved; Title 15, Comprehensive Plan;
Title 16, Zoning Districts; Title 17, General Zoning Regulations; Title
18, Public Works Requirements; Title 19, Building Codes; Title 20,
Review Criteria and Procedures; Title 21, Definitions, together with the
newly revised official zoning map of the City of Edmonds, a copy of
which has been on file with the city clerk for use, examination and
inspection of the public, and together with such other codes as are more
fully referenced in said recodification and recompilation on file in the
office of the city clerk.
-3-
Section 2. There is hereby adopted as a new Chapter 1.01 of
the Edmonds City Code the following:
1.01.005 ADOPTION OF EDMONDS CITY CODE
Pursuant to the provisions of RCW 35A.21.130 and RCW 35.21.500
through 35.21.570, there is hereby adopted the Edmonds City Code as
contained in that certain copy on file in the office of the city
clerk.
1.01.010 TITLE - CITATION - REFERENCE
This code shall be known as the Edmonds City Code and it shall be
sufficient to refer to the code as the code in any prosecution for
the violation of any provisions thereof or in any proceeding at law
or equity. It shall also be sufficient to designate any ordinance
adding to, amending, correcting or repealing all or any part or
portion thereof as an addition to, amendment to, correction of, or
repeal of the Edmonds City Code. Further reference may be had to
the titles, chapters, sections and subsections of the Edmonds City
Code and such reference shall apply to that numbered title, chapter,
section or subsection as it appears in this code.
1.01.015 REFERENCE APPLIES TO AMENDMENTS
Whenever a reference is made to this code as the Edmonds City Code
or to any portion thereof, or to any ordinance of the city, the
reference shall apply to all amendments, corrections and additions
heretofore, now, or hereafter made.
1.01.020 CODIFICATION AUTHORITY
This code consists of all of the regulatory and penal ordinances
and certain of the administrative ordinances of the city, codified
pursuant to RCW 35A.21.130 and 35.21.500 through 35.21.570.
1.01.025 DEFINITIONS
The following words and phrases whenever used in this code shall be
construed as defined in this section unless from the context a
different meaning is intended, or unless a different meaning is
specifically defined and more particularly directed to the use of
such words or phrases:
A. "City" means the city of Edmonds, Washington, or the area
within the territorial city limits of the city of Edmonds,
Washington, and such territory outside of this city over which
the city has jurisdiction or control by virtue of any consti-
tutional provision, or any law.
B. "City Council" means the city council of the city of Edmonds.
QM
C. "County" means Snohomish County.
D. "Mayor" means the mayor of the city of Edmonds.
E. "Oath" includes affirmation.
F. "Office". The use of the title of any officer, employee, or
any office, or ordinance means such officer, employee, office,
ordinance of the city, unless otherwise specifically designated.
G. "Person" means natural person, joint venture, joint stock
company, partnership, association, club, company, corporation,
business trust, organization, including the manager, lessee,
agent, servant, officer or employee of any of them.
H. "State" means the state of Washington.
I. "Shall" and "must" are each mandatory.
J. "May" is permissive.
K. "Written" includes printed, typewritten, mimeographed, multi -
graphed, or photocopied.
1.01.030 GRAMMATICAL INTERPRETATION
The following grammatical rules shall apply in this code:
A. Gender. Any gender includes the masculine, feminine and
neuter genders.
B. Singular and plural. The singular number includes the plural
and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and
the future tenses and vice -versa.
D. Use of words and phrases. Words and phrases used in this code
and not specifically defined shall be construed according to
the context and approved usage of the language.
1.01.035 CONSTRUCTION
The provisions of this code and all proceedings under it are to be
construed with a view to effect its objects and to promote justice.
1.01.040 TITLE, CHAPTER AND SECTION HEADINGS
Title, chapter and section headings contained herein shall not be
deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any title, chapter or sec-
tion hereof.
M'fl
1.01.050 REFERENCE TO SPECIFIC ORDINANCES
The provisions of this code shall not in any manner affect docu-
ments or other matters of record which refer to, or are otherwise
connected with ordinances which are therein specifically designated
by number or otherwise, and which are included within this code,
but such reference shall be construed to apply to the corresponding
provisions contained within this code.
1.01.060 EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS
Neither the adoption of this code nor the repeal or amendment
hereby of any ordinance or part or portion of any ordinance of the
city shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective
date hereof, nor be construed as a waiver of any license, fee, or
penalty at the effective date and unpaid under such ordinance, nor
be construed as affecting any of the provisions of such ordinance
relating to the collection of any such license, fee, or penalty, or
the penal provisions applicable to any violation thereof, nor to
affect the validity of any bond or cash deposit in lieu thereof
required to be posted, filed, or deposited pursuant to any ordi-
nance, and all rights and obligations thereunder appertaining shall
continue in full force and effect.
1.01.070 REPEAL SHALL NOT REVIVE ANY ORDINANCES
The repeal of an ordinance shall not repeal the repealing clause of
such ordinance or revive any ordinance which has been repealed
thereby.
1.01.080 SUPERSEDURE
All general ordinances of the city inconsistent with this code are
hereby superseded, rather than repealed, and in the event any por-
tion of this code is for any reason found or held to be invalid,
the superseded ordinance shall be revitalized and shall prevail.
1.01.090 EXCLUSIONS
Every special ordinance of this city governing the following
subject matter, whether contained in whole or in part within this
code, is excluded from the operation and effect of Section 1.01.080
and is not affected by the superseding provisions hereof: Annexa-
tions; franchises; naming roads, streets and public places; ac-
quisition or disposal of public property; vacation of streets,
alleys, or public ways; acceptance of any gift, device, license or
other benefit; provided that the foregoing enumeration of excep-
tions or exclusions shall not be deemed to be exclusive or exhaus-
tive, it being the intent and purpose to exclude from repeal any
and all ordinances not of a general nature.
1.01.100 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING, ETC.
Whenever in this code any act or omission is made unlawful it
includes causing, allowing, permitting, aiding, abetting, suffer-
ing, or concealing the fact of such act or omission.
1.01.110 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this code
is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of
this code. The council declares that it would have passed this
code and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases had been declared in-
valid or unconstitutional, and if for any reason this code or any
portion thereof should be declared invalid or unconstitutional,
then the original ordinance or ordinances shall be in full force
and effect.
Section 3. Severability. If any provision of this ordinance
is held invalid in whole or in part, the remaining portions of this
ordinance shall not be affected.
Section 4. Effective Date. This ordinance and the Edmonds
City Code shall be in full force and effect on and after January 1,
1981. The city clerk shall publish this ordinance by newspaper publi-
cation and by posting.
APPROVED: Q
MAYOR, H. Hi HARRISON
ATTEST/AUTHENTICATED:
14 0*t I./ ' n A, — A I I hw_'et4v
CITY CLERK, IRENE PARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY `�la—
FILED WI THE CITY CLERK: November 13, 1980
PASSED BY THE CITY COUNCIL: December 2, 1980
POSTED: December 3, 1980
PUBLISHED: December 8, 1980
EFFECTIVE DATE: January 1, 1981
-7-
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 3rd day of December , 1980, affiant posted true and
correct copies of the attached Ordinance No. 2183, passed by the
City Council on the 2nd day of December , 1980, at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 3rd day of December , 19-M.
SUBSCRIBED AND SWORN to before me this day of
19 'qd.
v
N tar Public in and for the
State of Washing, residing
at �
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVIISH, �•
•� ORDINANCE NO 21e3 T
AN. •OROtNANCE'OF :•THE CITY OFEDMONDS,
The undersigned, being first duly sworn on oath deposes and says
P y
WASHINGTON, ADOPTING BY REFERENCE AND
BY CODIFICATION As PROVIDED - FOR. AND
that she is Principal y
pal Clerk of the EVERETT HERALD, a daily news -
PURSUANT TO 'THE. REVIS$ED -'CODE OF
WAS"INOTON, .�.'' A RE COMPItATION . AND
CT�' QF!6DMONb$FOF LA GEN ERAL, ORDINANCESHE
ICTOR
paper printed and published in the City of Everett, County of Snoho-
PE MA90NT NATURE AS ANEW EDMONDS "CITY
COOS CONSISTING OF TITLE 1, GENERAL 'PRO•
mish, and State of Washington; that said newspaper is a newspaper
VISION$; TITLE 2,'CITY-OFFICIAL AND PERSON-
NAL; TITLE .3,REVENUUE AND FINANp E• TITLE
a, LICENSES; TITLE 5. I BUC. SAFETY -AND
Of general circulation in said County and State; that said newspaper
MORALS; TITLE- 6,' HEALTH AND SANITATION;
has been approved as a legal newspaper bSuperior
y order of the
TITLE 7 UTILIT C ILEGES qpD REGULATION;
TITLE ,�,. 'q�iF7'CY TITLE '9, STREETS AND
Court of Snohomish County, and that the notice
SIDEWAL*,� ��!!j hTLE 10, BOARDS AND ' COM•
TITLE Nl' },
................ """"-""""""
IOMPREHENSRVE GPLAN; RT TITLE E 6,
ZONING DI�TRICTS;. TITLE If, GENERAL 7nmimr
ORDINANCE N0. 2183
10, :-: FVt1LIC WORKS "RE.
ITEIRIA. AND PIRO.CEOUR€S;
EOFF CIAL ZONI
D NG MAP
CHAPTER 1.01: PROVIDING
F CITY'.OR,DINANCES,-EF
RPRETATION; ANDt .PRO-
,uhcil ;has adopted by Separate
Ally Development: Code for ,the
:amMunity Developlhent Code Is
dmonds City. Code at Tilles 15,
hereof, and :. -
ndl,has, otherwise amended the
WHEREAS,.' the.: Edmonds City Code is hereby being
recompiled'pro, Yecodffled. loto'one revised Edmonds City
Code consisting 'of the":prior Edmonds City' Code. as
amended-by.the above referenced. series Of amendments
toltelher with 'and including new Titles IS through 21,'
and
WHEREAS, SAW new Edmonds. Llty Code will tie: con-
sidered as one newly recomplled and retodiflod' Edmonds
Clly Code, it will for convenience be fastened into
seoarote Volumes! for ease of distributing and selling
functiWM
onal parts to the. public, antl d
recatlEiRo kn, olhihe-, Edmonds ,City 'Code h ve ttieenn and
�tiled
with the Office of the dtv clerk, . as well as: three copies
of this odopl(Oa ordinance, for examination and use by
the Public, for inspection pehalno , Consideration by the ;
city Council Drlor to'adophon; and.
WHEREAS, said three coples-Ot'said recomplla)lon and
recodllicatlon, as well, as said Ihtee copies of this adob
ling ordinance, shall be •Oufheoticdfed by the slgnafure of
'It City clerk and be recorded' by "the fily Clerk in full
In the properly' Indexed book kept for, the 0.1m,e of
recording all ordinances and resohitiun5 adopted by the
CITY council and 'which Is av011able for inspection by the
PIN
al'reosonobio-times 'Ord "under eeoSonoble ton•
dihons,. and -
WHEREAS, this adopting 'ordinance Shall be oebllsned'
and duly posted in at leasf Three" DubliC places in the
City OI Edmonds' designated- by ordinance as pipe oTfidol i
Posting places for city. notices, and.
WHEREAS, the link of 1Nis adopling ordinohei antl' the
hhe of the new Community Development 'Code, con-
stlNtin; Titles IS throu04 21 of said newly -recompiled
and recodhied Edmonds City Code have received a first
reading by the city council, and
WHEREAS, the city countll has held a public hearing
pursuant to published' and Posted police Of same, which
said notice indicoled that the Ordinances of the City of
Edmonds hove been recompiled and recodified, and
furthermore Indicated that three' copies of such
recompliollon and recodlficollon have beenfiled in the
office of the city clerk, as well as O copy of this Odoo.
ling ordinance, and furthermore Indicated the time and
Place
of such hecrino, and. which said notice was
published. one posted In three public places in the City
of Edmonds, as officially aeSIOnoted by ordinance, not
more than fifteen days nor less than ten. days prior to
said Public hearing, now,. therefore,
THE CITY COUNCIL OE THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:'
SecliOn 1. Adoption, There is hereby adopted by
reference as a Cade" and [ampllolfan, and as a
re Codihcafion, a new Edmonds Clly. Cotle, which Is a
recomoifalion and recodiftcollon of all ordinances of the
City of Edmonds of o -general, public and permanent
nature, as contained In those certain copies on file in
the Office Of the city Clerk consisting of the follOwing
files: Title 1, Oeneral Provisions; .T1116 2, City Officials
and Personnel; Title 3, Revenue and Financo; Title e,
Licenses; Title 5, Public Safely and Moral$; Title 6,
4eo1
1
h and Sanitation; Title 1,- Utility Charges and
4eguiotlons; Title 8, Traffic;. Title 0. Streets and
ildewa`ksi Titre 10, Boards and Commissions;. Tilles 11
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
DEC. 86 1980
and that said newspaper was regularly distributed to its subscribers
during all of said period.
t
/ Principal Clerk
/ 9th
o
Subscribed and sworn to before me this ....................
day of ....................... . DECEMBER 80
�........ ........................ 19.........
U Notary Public in and for the'State of Washington,
residing ,at Everett, Snohomish County.
1,
cedures; Title 21, Definitions, together with tAe newly
revised oHlcial zoning mop- of the City of Edmonds, a
copy of which has. been .on file with the city clerk for
use, examination - and . Inspection of the .public, and -
together with such Other " Codes a5 .Ore more lolly
referenced In sold recodillcali6a and recompilation on file
In the office of the city clerk. ,
Section 2. There Is hereby adopted as ay new. Chapter -
i.O1.g031ADOPTIDN IdsCity
t EDMONDS, CiTV ICODE:
Pursuant to the provisions. Of RCW 35A.21.130 and
RCW 3S.21.500. Ihrouoh 35:21.S70, there is he
.adopted the Edmonds. City Code as captained in that
certain copy on file In the office of the :City clerk.• -
1.01.101 .TITLE - CITATION — REFERENCE
This code 'shall be known as the Edmonds :.City •-
Code and it shall be sufficient to refer to the Code
as the code In any Drosecullon for the violation of
any Provlslorts'ther"i or in any-proteedlno at jaw
or eauily. It shall also be suflklertl to deslgntlle any
ordinance adding to, amending,. Correctino or reveal.
no all or any port or portion Ihereo/ Os on.addiilon
to' amendment to, correction of, Or repeal of the Ed.
monds City code. Further reference may, be hod to
the Titles, chapters, sections and subsections of the
Edmonds Cily Code and such reference shall apply
to That numbered title, chapter, section or subsection
as It appears 1n this code.
1.01.01$ REFERENCE. APPLIES TO AMENDMENTS
Whenever a reference is made to .this code as the
Edmonds City Code or to any Portion thereof, or to
any ordinance of the city, the reference scroll apply
to all amendments, corrections and .odditions I -
heretofore, now, or hereafter made.
1101.020 CODIFICATION AUTHORITY
This code consists of all Of the rfoulotory and '
Penal ordinances and certain of the adminkirnfivn
Eduses, cnopters, steflon5 and subsections of the
monds Clty Code and such reference shall apply
I.
trial aumbered title, chapter, section or subsection
as It o... in this code.
t•WheneverFaRMerencePIs made 0 his codeE0Tlhe
Edmonds Cily Code or to any portion thereof, or to
any ordinance of the city, the reference shall ODDIV
to ^oil _ omendmenls," _ corrections and .additions
of the regulatory and
of ;the. administrative
fne lonowing words and Phrases whenever used in
this tale shall be construded Ps defined• is this sec•
In unless from the context a :dllterent meaning is
dttndetl, or unless a dlflerehl rteoninq Is spedlicaily
refined and more particularly directed to the use of
Guth words or'phroses:;
A. ^City" means Me dlv'. or',
f Edmonds, Washington,
.or the OrtO within rite Iorrltorlal. eily limits of the
ON at , Edmonds, Washington, and such territory
outside of this 11 11 over whIt 'Ine dlV has
lurlsdictlon or control by virtue of any cofh
B. "CityloCouncll'yOmea,nt Irt Vdly councll of the city
Of Edmonds.
C. "County" means Snohomish 'County
0. "Mayor' .means the mayor of the city of Ed.
monds.
E. "Ooth" includes allirmolion.
F. "Office". The use. of ,the like of any ollicer,
emplovee, or'anV ollic%or artll%nce means such
Officer,
emplovee, ., of lice,, ardIno.ce of the city,
unless otherwise specifically designoletl.
G. i"Person" means natural, person: loint venture,
oint ,stock" company, Partnership, dssodatien.
rate of
are ea
lode:vw,winu grammatical rules -shall apply In this
sA. Gendeer�: Any gentler -includes' the masculine,
IeminRie,and neuigqr genders.
B. SIn9Ular and'Plurol. cludes the singular.
The singular numfier Includes
ithe glurol In
.
!= ^ I and .the MuraTepses._.WOrdsused In —
The �esent_Iitgs_e_("dude
the past and the future. lens es oncl vice -versa. --
O. Use of wdid5 and phrases. Words and phrases
us4C In this code and not specifically defined
sh4141 e( conslrued according to the conlexl and
aapr d usage of The language.
1.01,035 CD. STRUCTIQN
The provisions of this code and all Proceedinos
under It pta;80• be constructed with a view to effect
Its obiecly and to promote Iustice.
1.01.040 TITLE, CHAPTER AND SECTION HEAD-
INGS
Title, chapter ,I"nd -section headings contained
herein stint) noh`g0 deemed to govern, limn, modifV
or In any manner affect the scope, meaning or Intent
of the provisions ,Qf any. title, chapter or section
hereof.
1.01,050 REFERENCE TO SPECIFIC ORDINANCES
The provisions of this code shall not In any man-
ner affect documents or other matters '61 record -
which refer to, or r are otherwise connected with
ordinances which ore therein specifically designated
by number or otherwise, and which are Included
within this code, but such reference shall be con-
strued 10 apply to the corresponding provisions can.
ta(ned within this code.
1.01.060 EFFECT OF CODE ON PAST ACTIONS AND
OBLIGATIONS
Neither the odoplion of this code nor the repeal or
amendment hereby of any ordinance or Part *or por-
tion of any ordinance of the city shall In any man-
ner affect the prosecution for violations of ardinon•
ces, which violations were committed Prior to the ef-
fectiv, rdote hereof, not be construetl;ns a waiver of
any license, fee, or. penally al the efle4ltve dale and
unpaid under such ordinance, nor Be construed as
onedla any of the provisions of ,such ordinance
relorhtg )o the collection of any such license. fee, of
venally, or the penal provisions UPulicoble to any
violation thereof, not to affect the va11tlNV, of any '
bowl or cash deposit in lieu thereof rewwired to be
potted, filed, or deans
Pursuant to ady'artllnance,
and 'all. rights and poll got thereunder hpperraining
REVIVE ANY
The repeal ofan ordinance shall not repeal The
repealing clause of such ordinance or revive any
ortlinance which has been repealed Iherebv.
1.01.080 SUPERSEDURE
All general ordinances of the clly Inconsistent with
this code ' are hereby superseded,rather than
repealed, and in The event any portion of this code
Is for any reason found or'.heltl to be invalid, the
superseded ordinance shall be revitalized and shall
Prevail.
1.01.090 EXCLUSIONS
Eyery special ortlinance o1 this city governing the
following Sublecf mplfor, whether contained in whole
or In part within Als code, .is excluded from the
operation and eflect'.ol Section 1,01.080 and Is not of-
lected by .the superseding Provisions hereol: An-
nexoTions; franchises;- naming roads, streets and
Public places; ocaulsAfon or disposal of public pro-
perty; vacation of 'streets, alleys, or public woes; ac-
ceptance of any gift, device, license or other benefit;
provided that the foreaoino enumeration .of exceptions
or exclusions shallnot be deemed to be exclusive or
exhaustive, it being the Intent and purpose to exclude
from repeal any. and all ordinonces not of o general
..lure.
1.01.100 PROHIBITED 'ACTS INCLUDING CAUSING,
PERMITTING ETC.
Whenever In this code any act or omisslon is made
0nlowful it Includes causing, allowing, Permit IIna.
aiding, abettingsuffering, or concealing the fact lot
such act oromisslon,
1.01.110 SEVERABILITY
It any, section, subsection, sentence, clause or
phrase of this code is for any reason held IQ 'be In.
valid or unconstitutional such decision shall not affect
the validity of the remaining Portions of this code.
The council declares that It would hove passed this
code and each sect ton, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any
one or more sections, subsections, s,nlenc,S, (lapses
or phrases- hod been deciaretl invalid or um
constitutional, and it for any reason this code or any
Portion thereof should be declared Invalid or un•
constitutional, then the orioinal ordinance or
ordlnances shall be in full force and effect.
Secflon 3. Severobililv.' If any , provision of this
ordinance Is held Invalid in whole or In Dori, the
remaining portions of .this ordinance shall not be of.
fecled
Section 6. Effective Date. This ordinance and the Ed.
monds CITY Code shall be in full force and effect
on and
after January 1, 1981. The city clerk shall publish this
ortlinance by newspaper publication and by posting.
APPROVED:
JOHN NORDOUIST, PROTEM
MAYOR. H.H. HARRISON
ATTESTfAUTHENTICATED:
IRENE VARNEY MORAN
CITY CLERK,
APPROVED AS TO FORM:
OFFICE OF T E. CITY ATTORNEY:
BY WAYNE TANAKA .
FILED WITH THE CITY CLERK: November 13, i98q
PASSED BY THE CITY COUNCIL: December 2, 980
POSTFO: December 3. 1920
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
ORDINANCE NO. 2183 I
AN ORDINANCE' OF sTHE CITY OF EDMONOS,
WASHINGTON, ADOPTING BY REFERENCE .ACID
BY CODIFICATION AS PROVIDED FOR. AND _
PURSUANT TO ,THE REVISED CODE OF
WASHINGTON:..,.` A RECOMPILATION AND
RECODIFICAT ON OF .ALL ORDINANCES OF THE
CIT-Y OF,; 60,A
0 ONDS OF•. A GE'NERA'L,, PUBLIC OR
PejqMAft$N.T NATURE; AS ANEW EDMONDS'CITY
COEtE CONSISTING OF, TITLE 1, GENERAL PRO-
VISIONS; TITLE 2, CITY OFFICIAL AND PERSON.
NAL' TITLE .3, REVENUE AND FINANCE; TITLE
d, LICENSE$:;.: TITLE; 5, . PUBLIC -SAFETY AND `
MOR,' HEALTH AND SANITATION;
ALS;
UTILPIt 6CHA GE6 qNO REGULATION;
TITLE ,,g, RAF t TITLE 9 STREETS AND
SIDEw4'L-* '*TITLE .10,- BOARDS AND COM-
MISSIONS;'TITLES 11 THROUGH 10, RESERVED;
TITLE .115; t+OMPREHENSIVE PLAN; TITLE 16,
ZONING: DISTRICTS; TITLE 17, GENERAL ZONING
REGULATIONS; .TITLE 18,'..PUBLIC WORKS -RE.
OUIREMq.NTS; -.TITLE 19, BUILDING. CODES; .
TITLE-211•�.REVIEW CRITERIA AND'P-RO.CEDURES;
AND TIIfLE 21, DEFINITI.ONS; ADOPTING A
REVISED AND UPDATED OFFICIAL• ZONING MAP; r
ADOPTING A'.NEW CHAPTER 1.0,1- PROVIDING
FOR CODIFICATION OF CITY'. ORDINANCES, EF-
FECTIVE AND INTERPRETATION; AND.,PRO-
VIDING 'PENALTIES.
WHEREAS, the city Council has adopted by separate
ordinance a new Community Development Code for :the
City of , Edmonds, . which Community Development Code is
a portion of the overall. Edmonds City Code as Titles 15,
16, 17, 18, 19_20; and 21 thereof, and
WHEREAS; the city Council has otherwise amended the
Edmonds City Code by a series, of ordinancesdmending
the Edmonds City Code .in addition to the newly .adopted
Ednionds'Communtty Development Code, and -
WHEREAS, the Edmonds. City Code is hereby' being
recompiled and recodified. into one revised E-dmonds--City
Code • consisting of the :Prior Edmonds- City' Code' as
amended-by',the above referenced. series of amendments
together with and including new Titles 15 through 21,'
and
WHEREAS, said new Edmonds City Codewill be:'con-
sidered as one newly recomplied .and recodified Edmonds
City Code, it will for convenience be fastened: into
separate volumes- for ease : of distributing and. selling
functional parts to thePublic, and- •
WHEREAS, .three, copies: of said recompilation and
recodificaflon of the Edmonds City Codehave been tiled
with the, office of the city clerk, . as well as. three copies
of this. adopting ordinance .for examination and *use by
the public, for (nsoection pehdl6a , tons iderotion by the
city council prior to; adoption,- and -
WHEREAS, said three copies at said recompilation and
recodificotion, as well as said threecopies of this adob-
ling ordinance,. Shall be authenticated by the signature of
tht city. clerk and be recorded by' the city clerk in full
in; the properly indexed book kept for 'the our pose o
ns adopted f.
recording all ordinances and resolutioby the
city Council and''which- is.OVOiloble for inspection t.
Public 'at'-reosonobie. times and he
oil ions, and under reasonable con-
. - o n
WHEREAS, this adopting ordinance shall be published'
and duly posted in at least three public! places in the
City of Edmonds: designated" by ordinance' as the official
Posting places for city _ notices, and
WHEREAS, the 'title of this adopting 'brdiriont6`cind the
title of the new Community Development Code, con-
stituting Titles 15 through 21 of said newly recompiled
and recodlfied Edmonds City Code have received a first
reading by the city council, and
WHEREAS, the city -council has held a public hearing
pursuant to published' and .posted. notice of some, which
said notice indicated that the. ordinances of the City of
Edmonds " hove been -- recompiled and - recogifled, and
furthermore' indicated .that three' copies of such
recompllation and recodificotion have been. filed in the
office of the city clerk, a$ well 05 a copy of this odoo-
flna ordinance, and furthermore indicated the time and
Place of such hearing, and. Which sold notice was
Published and posted In three public places' in the City
of Edmonds, Os otQcially designated by ordinance, not
more than fifteen days nor less than ten. days prior to
said public hearing, now,, therefore, - THE .CITY COUNCIL OP. THE CITY OF EDMONDS,
WASHINGTON, DO ORDAI.N'.,AS FOLLOWS:
Section 1. Adoption. There is hereby adopted by
reference as a code and compilation,- and cis' a
recodificotion, a new Edmonds City. Code,. which is 0
recompilation and recodlfication of oil ordinances of the
City of Edmonds of 0.'6enerpl, public' and permanent
nature, as contained; in those certain copies on file in
the office of the city clerk consisting of the following
titles: Title ,1, General Provisions; .Title 2,. City 001clals
and Personnel; •Title 3, Revenue and ,Floonce; Title, d,
Licenses; Title. 5,. Public Safety _and' Morals; Title 6,
Health and Sanitation; Title 7.?..Utility Charges and
-Regulations; Title 8, Traffic;. .Title 0, .Streets and
Sidewalks; Title 10, Boards and ..Commissions;. Titles 11
through- 14, Reserved; Title._ 15, Comprehensive Plan; -
Title 16, 201,06g Districts; .Title ., 12, General Zoning
Regulations;, Title 18, .Public. WarksRequirements;. Title
19, Building .Codes; Title 20, Review Criteria and Pro-
cedures; Title 21, Defin0lons; together with the newly
revised. off iciat zoning mop of the City , of. Edmonds, •o
copy of which has. been .on file with the city clerk for
use, examination and inspectionof the ,public, and
together with such other :codes as .are more 'fully
referenced in said recbd(ficott6n and recompilation on -file
In the office .of the. city clerk.
Section 2. There is hereby adopted as athe ,' new, Chapter
1.01.00S.01 of tADhe OPTIONsOF�tEDMONDS'CITYCODE;
Pursuant -Witte provisions- of RCW* 35A.21.130 and
RCW 35.21.500. through: 33:21.570, there is hereby -
adopted the Edmonds City. Code as contained in that
certain copy on file: in,the office of the':citV' Clerk.
1.01.101 ,TITLE - CITATION. REFERENCE ;
This 'code shall be known as the Ed'monds'..City
Code and it shop Abe sufficient to .refer to the cone
as the code in any Prosecution for the violation of .
any provis(ons'theeeof or in anv'.proceeding at low
or equity. It shall also be sufficient to designate any
ordinance -adding to; amending,correcting or'repeal-
Ing all or any part or portion ihOreOf, as;on.oddition
to, amendment to, correction of, or repeal of the Ed-
monds City Code, Further reference may be had to
the titles, 'chapters, sections and subsections of ' the
Edmonds City Code and such reference shall apply
to that numbered title, chapter, section or subsection
as it appears in this code.
1,01.015 REFERENCE. APPLIES TO AMENDMENTS
Whenever o reference is made to this code as the
Edmonds City Code or to any portion.,thereof, or to
any ordinance of the city, the reference Shall apply
to all amendments,' corrections • and .additions i
heretofore, now, or hereafter made.
1.01.020 CODIFICATION AUTHORITY
This code consists of, all of the regulatory and
penol'ordinances and certain of :the administrative
ordinances of the city, codified pursuant to ,RCW
ikA 01.19n n14 It 91'cnl #h. 11,n I I, In
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of the EVERETT HERALD, a daily news-
paper printed and published in the City of Everett, County of Snoho-
mish, 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
Court of Snohomish County, and that the notice ....
ORDINANCE NO. 2183
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
DEC, 8, 1980
........•'---....._.-...'---•.............................................................-----..-......--...... ..............
.................. ......................................................................... .
and that said newspaper was regularly distributed to its subscribers
during all of said period.
'a
..
Principal Clerk
9 th
a:
Subscribed and sworn to before me this ........................
DECEMBER 80'
da$ of ...................... ?........ ............................ , 19.....-....,
r'
p 4 (J
.............................. •� 1. .............
` Notary Public in and for the State of Washington,~
residing ; at Everett, Snohomish County.
1
e mIes, cngpters, sections and subsections of the
Edmonds City Code and such reference shall apply
to that numbered title, chapter, section -or subsection
as it 'appears 9n this code.
1.01.015 REFERENCE APPLIES, TO AMENDMENTS
Whenever a reference is made ,to :this code as .the
Edmonds . City Code or to any portion thereof, or to
any ordinance of the city, the reference shall apply
to all amendments, corrections and .additions
heretofore, now, or hereafter made.
1.01.020 CODIFICATION AUTHORITY,
This ..code consists of, all of the regulatoryPenal and
ordina ordinances and certain of ;the, administrative
ordinances of the city, codified pursuant to .RCW
J3A.21130 and'35.21,500 through 35.21.570.
Lui,uYS DEFINITIONS
The following words and phrases .whenever used. in
this code shall be constructed as definedin this sec-
tion unless .from -the context a :different meaning is
intended, or unless adifferent meaning is specifically
defined and more , particularlydirected to the use of,
such words'or phrases:.
A. "City means the city'. of Edmonds. Washington,
,or the drea within the territorial city `limits of the
city of. Edmonds, Washington,. and such territory
outside of this city. over ' which the city has
jurisdiction or control by. virtue', of any
con-stitutional provision,. or any tow.
S.. "Clty' Council" means the city :council of the city
'of Edmonds.
C. "County" means Snohomish !County.-
D. "Mayor" .meons the mayor of the city of Ed-.
mends, ,
E. "9gth" includes affirmation.
F. "Office", The use . of the title .of any officer,
employee, or any office, or ordinance meanssuch
officer,employee—office, ordinance .of the city,
unless otherwise specifically. designated.
G. "Person" means naturol, person; joint venture,
joint stock' company, partnership, -association,
club, company, corporation,'. business trust,
organization, including the manager', -lessee; agent,
servant, . officer or eniplovee of any at them.
FI. "State" means the state of Washington.
I. "Shall" and, 'must" are'.each<mandatory.
J. "May is permissive. -
K.
mimeographed, or typewritten,
mimholocapied.
.01.030 GRAMMATICAL INTERPRETATION
.,. The folllowino grammatical rules shall 'apply in this
?ode:
A., Gender.• Any gender Includes' the masculine,
feminilfe,and neutgqr genders.
;B• Singular and plural. The singular number includes
cis the plural and .the plural Includes the Singular.
Teases._ Words used in the present tsneinclude
.the past and the future tenses ono vice-v_ersa. D. Use of wdids and phrases. Words and phrases
us¢d' in this code and not specifically defined
shbofhf;,be construed according to the context and
appr d usage .of the language.
1.01.035- GONSTRUCTIOt4
The provisions of thh, code and all proceedings
under it aek,to- be constructed with a view to effect
Its objects aiid to promote justice.
1.01.040 TfT'LE, CHAPTER AND SECTION HEAD-
INGS
Title, chapter •`',6nd section .headings contained
herein shell noh-** deemed to govern, limit modity
or in any manner affect the scope, meaning or intent
of the provisions of any. title, chapter or section
hereof,
1,01.050 REFEREN4X TO SPECIFIC ORDINANCES
The provisions of this code shall not In any man-
ner affect documents or .other matters 'of record
which refer to, or are otherwise connected with
ordinances which are therein specifically designated
by number. or otherwise, and which ore included
within this code, but such reference shall be con-
strued to apply to. the .corresponding provisions con-
tained within this code.
1.01.060 EFFECT OF CODE ON PAST ACTIONS AND
OBLIGATIONS
Neither The. adoption of this code nor the repeal or
amendmenthereby of any Ordinance's or part 'or por-
tion of any ordinance of the city shall in any man-
ner affect. the prosecution for violations of o.rdinan-
ces, which violations were committed prior to the ef-
fect ive{�dafe hereof, not be con struedyns a waiver of
any license, fee,. or. penalty at the efi.ective date and
unpaid under such ordinance, nor tie construed as
affecting any of the provisions of „such ordinance
relatingtlto the collection of any such license, fee, or I
penalty, or thepenal provisions applicable to any
violation thereof, not to affect the volt, y., of any
borW or cash deposit in lieu thereof recred to be
po ted, filed, or deposited pursuant to a 'ordinance, i
arid'ail.•rights and obligations thereunder appertaining
-shall continue in full force and effect.
1.01.070 REPEAL -SHALL .NOT - REVIVE ANY
ORDINANCE
The repeal ofan ordinanceshall not repeal the
repealing clause of such ordinance or -revive any
ordinance which has been repealed thereby.
1.01.080 SUPERSEDURE '
All general ordinances of the city inconsistent with
this code 'ore hereby superseded,rather than
repealed, and in the event any portion of this code
is for any reason found or'.held -to be- invalid, the
superseded ordinance shall. be revitalized and shall
prevail -
1.01.090 EXCLUSIONS
Every special ordinance of. .this city governing the
following subject mpfter, whether contained in whole
or In Part. within''fhls 'code, Js excluded. from the
operation and effect'. of Section 1;01.0.80 and is not "af-
fected by :the superseding provisions hereof: An-
nexations; franchises; naming ,roods;- streets and -
public .places; acquisition* or .disposal of public pro-
perty; vacation of streets, alleys, or ,Public ways; ac-
ceptance of any giff, device, license or other benefit;,
provided that the foregoing enumeration'of exceptions.
or exclusions shall' not be deemed to be exclusive or
exhaustive, it being the intent and purpose to exclude
from repeal any. -and all ordinances not of a general
nature.
1.01.100 PROHIBITED 'ACTS INCLUDING CAUSING,
PERMITTING ETC.
Whenever in this code any act or omission is made
unlawful it Includes causing, allowing, permitting, ;
aiding, abetting, suffering, or concealing the fact of
such act or omission.
1.01.110 SEVERABILITY
If..anv, section, subsection, sentence, clause or
phrase of, this code Is for any reason held- to 'be In-
valid or unconstitutional such decision shall not affect'
the validity of the remaining portions of this code.
The council . declares that it would have passed this
code and each section; subsection, sentence, clause
and Phrase thereof, irrespective of the fact that any
one or more sections; subsections, sentences, 'clauses
or 'phrases, had been declared invalid or un-
constitutional, and If for any reason this code or any
portion thereof should be declared invalid or un-
constitutional, . then the original ordinance or
ordinances shall be in full force and effect.
Section 3. Severability.' If any , provision of this
ordinance Is held invalid in . whole or In part, the
remaining portions of this ordinance shall not be af-
fected.
Section 4. Effective Date. This ordinance and the Ed-
monds City Cade shall be in full force and effect on and
otter 'January 1, 1981. The city clerk shall publish this
ordinance by newspaper publication and by posting.
APPROVED;
JOHN NORDOUIST, PROTEM
MAYOR, H.H. HARRISON
ATTEST/AUTHENTICATED:
IRENE VARNEY MORAN
CITY CLERK,
APPROVED A O FORM:
OFFICE OF TV CITY.ATTORNEY:
BY WAYNE TANAKA .
FILED WITH THE CITY' CLERK: November 13, 1980
PASSED BY THE CITY COUNCIL: December 2, 1980
POSTED: December 3, 1980
EFFECTIVE DATE: January 1, 1981