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Ordinance 28200006.150.018A WSS/klt/naa 09/21/90 R:01/10/91 ORDINANCE NO. 2820 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 16.30.010, SUBSECTIONS A AND C, TO INCLUDE NON-PROFIT AND CONSENTUAL GROUP HOMES AND HALFWAY HOUSES AS PERMITTED USES, AMENDING SECTION 16.60.010(A) TO ADD HALFWAY HOUSES AS A PERMITTED USE IN CG ZONE, ADDING NEW SECTIONS 21.20.025, 21.35.015 AND 21.40.005 TO DEFINE "DISABLED", "GROUP HOME" AND "HALFWAY HOUSE", AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City currently requires a conditional use permit for group homes and halfway houses in the multi -family residential zones; WHEREAS, Title VIII of the Fair Housing Act approved in 1988 by the U.S. Congress promotes housing opportunities for the disabled and prohibits both discrimination against the disabled with respect to housing as well as ordinances which may have a disparate impact on the disabled; WHEREAS, boarding and rooming houses as well as multiple family dwellings are permitted uses in RM zones as well as retirement homes and housing for the elderly while halfway houses and group homes require issuance of a conditional use permit; WHEREAS, the existing ordinance could have a disparate impact upon the disabled and thereby limit their housing opportunities; and WSS52672O -1- WHEREAS, the City Council with the positive recommendation of the Planning Board wishes to provide for group homes for the disabled as permitted uses in order to promote housing opportunities for the disabled so long as the City's density requirements are met; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 16.30.010 USES of the Edmonds Community Development Code, subparagraph A(3), is hereby amended to include housing arrangements for the disabled as permitted uses, such amendment to read as follows: 16.30.010 USES A. Permitted Uses. 3. Retirement homes; 4. Group homes for the disabled; 5. Baording houses and rooming houses; 6. Housing for low income edlerly in accordance with the requirements of Chapter 20.25; 7. Bus Stop Shelters. Section 2. Section 16.30.010 USES, subsection C Primary Uses Requiring A Conditional Use Permit, subparagraph (2)(i), of the Edmonds Community Development Code is hereby amended to read as follows: WSS52672O -2- 16.30.010 USES C. Primary Uses Requiring A Conditional. Use Permit. i. Counseling centers and residential treatment facilities for current alcoholics and drug abusers. Section 3. Section 16.60.010(A) of the Edmonds Community Development Code relating to uses for CG zones is hereby amended to include Halfway Houses and to read as follows: 16.60.010 USES A. Permitted Primary Uses Permit. 4. Halfway Houses. Section 4. Chapter 21.20 of the Edmonds Community Development Code is hereby amended by the addition of a new section 21.20.025 DISABLED to read as follows: 21.20.025 DISABLED Disabled shall refer to persons who are defined as disabled under the provisions of state or federal law. This definition shall be applicable only to the provisions of the Edmonds Community Development Code and shall not vary any definition or usage contained in the City Code. WSS52672O -3- 21.35.015 GROUP HOME to read as follows: 20.35.015 GROUP HOME A group home shall be defined as a state licensed foster home for children (not including nursing homes), and residential homes for the disabled, homes for the elderly and homes for the mentally ill, including homes for those with developmental disabilities and excluding residential rehabilitation centers for current alcohol and drug abusers. Section 6. Chapter 21.40 of the Edmonds Community Development Code is hereby amended by addition of a new section 21.40.005 HALFWAY HOUSE to read as follows: 21.40.005 HALFWAY HOUSE A halfway house shall include state licensed group care homes for juvenile delinquents, halfway houses providing residence in lieu of institutional sentencing, halfway houses providing residence to those needing correc- tional institutionalization, and detoxifica- tion centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from the effects of alcohol and drugs. Section 7. 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 ordinance or a summary thereof consisting of the title. APPROVED: 'T�4z 4��, — MAY Y NAUGHTEN WSS52672O -4- ATTEST/AUTHENTICATED: `l z ITY'CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: MNA FILED WITH THE CITY CLERK: January 14, 1991 PASSED BY THE CITY COUNCIL: January 22, 1991 PUBLISHED: January 27, 1991 EFFECTIVE DATE: February 1, 1991 ORDINANCE NO. 2820 WSS52672O -5- Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHO1r,ISH, ORDINANCE ND 2820 The undersigned, being first duly sworn on oath deposes and says EdmondseWoahlf on that she is Principal Clerk of THE HERALD, a daily newspaper On The 22nd day of January, 1991 the City Council of the CI1y of Edmonds, Possed Ordinance printed and published in the City of Everett, County of Snohomish, Na. 2820. A summary of the content OF sold ordlnon[e, Consisting Of the tlfie, t.Ades and State of Washington; that said newspaper is a newspaper of faRows , A ORDI AN ORDINANCE OF THE CITY g y general circulation in said Count and State; that said newspaper AMENf7 NDF G DThE PROVISION OP SEC'nON 15,10,010, SUBSEC• has been approved as a legal newspaper by order of the Superior VONS A AND C TO INCLUDE NON-PROF§T Z40 CONSEN. fUAI- naftl iD un".. .— Court of Snohomish County and that the notice ........................................ ............. Summary, of Ordinance No. 2820 full *0 of this Ordinance ............. »................................. .,............................... ............... ....:............_.................... Mailed upon rtquoSt, ED thfs 22nd day , of Myy 1991 a printed copy of which is hereunto attached, was published in said ELINE G. PARRETT ClarkClarkLd:-January 77, 1991. newspaper proper and not in supplement form, in the regular and ie entire edition of said paper on the following days and times, namely: January 27, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal lark Subscribed and sworn to before me this........28,th anuar � dayof ............. :...'...... .7...............]y...,.........:............., X19-911.... Nat r Public in and for the State of Washington, res d' g at Everett, Snohomish County. B - 2 - I