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Ordinance 29360006.150.003 WSS /are 05/18/93 rev: 05/19/93 ORDINANCE NO. 2936 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RETITLING AND AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.40.070 NONCONFORMING LOTS IN ORDER TO PROVIDE AN EXCEPTION FROM LOT COMBINATION PROVISIONS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City has for a number of years maintained.a zoning ordinance in which contiguous nonconforming lots in common ownership are deemed combined under the provisions of the code, and WHEREAS, the City's mandate under the Growth Management Act includes the ability to accept additional density, and WHEREAS, the City Council deems it to be in the public interest to accept additional density through existing lots which, while substandard, may be developed in a manner consistent with the surrounding neighborhood in situations where there are no negative impacts to the neighbors or the general public, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds Community Development Code Section 17.40.070 PROVISIONS REGARDING NONCONFORMING LOTS is hereby retitled and amended to read as follows: 17.40.070 NONCONFORMING LOTS. A. Definition. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and 47519.1 -1- other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the City, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development. B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of the district, so as long as all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. C. Combination. If, since the date on which it became nonconforming, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and may only be used in accordance with the provisions of the Edmonds Community Development Code, except that: 1. In an RS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: r a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject 47519.1 -2- property is located; and b. Community faci- lities, public util- ities and roads re- quired to serve the nonconforming lot are available con- currently with the proposed develop- ment; and C. Existing housing stock will not be destroyed in order to create a new bui- ldable lot; and d. The proposed devel- opment of the lot is generally consistent with the character of the surrounding neighborhood. Lot Area Table $ Needed for Lot Size Needed Zone Legal Lot for Legal Lot (1) RS -20 60% 12,000 (2) RS -12 70% 8,400 (3) RS -8 80% 6,400 (4) RS -6 90% 5,400 Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 47519.1 -3- Section 3. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: ATTEST /AUTHENTICATED: T CLERK, JMONDA J. MARCH APPROVED AS TO FORM: OFFIr F THE CITY ATTORNEY: BY i , FILED WITH THE CITY CLERK: 1 -by 20, 1993 PASSED BY THE CITY COUNCIL: June 1, 1993 PUBLISHED: June 6, 1993 EFFECTIVE DATE: June 11, 1993 ORDINANCE NO. 2936 47519.1 -4- SUMMARY OF ORDINANCE NO. 2936 of the City of Edmonds, Washington On the 1st day of June , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2936 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RETITLING AND AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.40.070 NONCONFORMING LOTS IN ORDER TO PROVIDE AN EXCEPTION FROM LOT COMBINATION PROVISIONS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 2nd day of June , 1993.. C TY CLERK, MiONDA J. MARCH FIVED Affidavit of Publication ,SUN 1 1 1993 10MON08 CITY CIEM STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ss 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, 4ANCE� ANCE N of O. 296 and State of Washington; that said newspaper is a newspaper of N � � f the CMy of nds Washington st da of June 199y general circulation in said County and State; that said newspaper ouncl� of the ERv of A�� a°yd�.n1e has been approved as a legal newspaper by order of the Superior )f sold .ordinance, of the tMe, provides Court of Snohomish County and that the notice ......... ............................... SummarX of Ordinance No. 2936 ....... ............... City of Edmonds ...................................................................................................... ............................... wlll be'molled upon this 2nd day of June, a printed copy of which is hereunto attached, was published in said DA IMARCH newspaper proper and not in supplement form, in the regular and June e, M3, entire edition of said paper on the following days and times, namely: June 6, 1993 ..............•--............................................---...........................---........--- .....-- •-------- •--- •-- ...... ......................................................................................................... ............................. and that said newspaper was regularly distributed to its subscribers during all said eriod. . .............. ... ......................... *: ...... Principal Clerk Subscribed and sworn to before me this...... 711l .............. f...... ..June............ ............. 19...93 fre�s --- ......,.. ....... . .. . . .M ........ ........... ............................... tary Public in and for t e Stat of Washington, id ing at Everett, Sno u _.ass/ `0N ,.���c OWAVA A B -2 -1