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Ordinance 2292MAE/lc 3/30/82 ORDINANCE NO, 2292 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SUBSECTIONS B AND C OF SECTION 17.40.030 OF THE COMMUNITY DEVELOP- MENT CODE REMOVING THE REQUIREMENT THAT AGGREGATED NONCONFORMING LOTS BE RESUB- DIVIDED INTO CONFORMING LOTS. WHEREAS, the Community Development Code currently deems any adjacent nonconforming lots under the same owner- ship as being combined and further requires that any division of such combined lot be done pursuant to the procedure for subdivisions pursuant to the Community Development Code, although such procedure is not required by State law, and WHEREAS, the City Council finds that the resub- division requirement is imposed to avoid the sale of a sub- standard lot to an innocent purchaser, and to insure proper dedication of roads and installation of needed public improvement, and WHEREAS, the City Council finds that these public interests can be met without requiring the added expense necessitated by the subdivision approval process, and WHEREAS, this proposed ordinance has been considered by the Planning Advisory Board at a public hearing and sub- mitted to the appropriate offical for the State of Washington where it has been on file at least 30 days prior to the City Council's action on this ordinance pursuant to RCW 58.17.270, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 17.40.030B and C are hereby amended as follows: B. Continuation. A nonconforming lot may be used or any use allowed by the zone district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of that district, so long as all other applicable site use and development stan- dards are met, or a variance from such standards is obtained. C. Combination. If a nonconforming lot has ever been in the same ownership as an adjacent lot or lots, at any time after the date it became non- conforming, the nonconforming lot is deemed to have been combined with the adjacent lot or lots to the extent necessary to create a conforming lot and may only be used in accordance with this Community Development Code. Resubdivision of such aggregated nonconforming lots shall not be required, provided however, the City may condition the issuance of any building or land use permit upon the filing for record of a covenant appurtenant with the County Auditor. Such real covenant shall run with the land and contain one or more of the following provisions: 1. A description of the exact location of all property lines. 2. Dedication of any property or right of way required by the City. 3. Any other conditions that the City would require if this property were resubdivided by the procedure of this code. -2- Section 2. This ordinance shall be in full force and effect five days after passage and publication by posting as provided by law. APPROVED: e MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: .'jan CI'T'Y CLERK), IRENE17VARNEY MORAN APPROVED AS TO FORM: OFFICE .OF THE CI'T'Y ATfiO,RNEY:. y} B1'-1. e;%Iy FILED WITH THE CITY CLERK: March 31, 1982 PASSED BY THE CITY COUNCIL: May 4, 1982 POSTED: May 5, 1982 EFFECTIVE DATE: May 10, 1982 =19 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 5 day of MAY , 1932, affiant posted true and correct copies of the attached Ordinance No. 2292, passed by the City Council on the 4 day of MAY , 19_a? , 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 5 day of MAY , 1982. SUBSCRIBED AND SWORN to before me this day of . 19 el N to Public in and for the State of Wa ington, residing at