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Ordinance 32470006.900000 WSS /gjz 04/07/99 ORDINANCE NO. 3247 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE OF THE CITY, AMENDING THE PROVISIONS OF SECTION 17.40.010(C) TO LIMIT THE APPLICATION OF THE CITY'S ABATEMENT PROCESS TO NONCONFORMING COMMERCIAL, BUSINESS AND INDUSTRIAL USES LOCATED IN RESIDENTIAL ZONES, SETTING A HEARING DATE ON SUCH ORDINANCE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, in 1971, the Edmonds City Council adopted Ordinance No. 1550, stating its intent that it apply to nonconforming commercial, business and industrial uses, and the ordinance has been consistently interpreted and applied by City Staff only to amortize commercial uses in residential zones; and WHEREAS, the City Staff has received an Appeal /Request For Reconsideration which points out that the plain meaning of the ordinance applies to all nonresidential uses and not just commercial uses; and WHEREAS, such an interpretation of the ordinance would apply it to nonconforming public facilities such as schools and City utility structures, as well as quasi - public facilities such as churches; and WHEREAS, such an application could potentially be constitutionally overbroad given that the City has an obligation to affirmatively accommodate church uses in its community; and 229515.10 -1- WHEREAS, such a broad application would also potentially impair the public's significant investment in a wide variety of public facilities yet to be inventoried; and WHEREAS, the Edmonds Planning Board is currently reviewing and should shortly bring forward recommendations regarding the amendment of the P zone to distinguish between churches and other public uses thereby permitting differentiation of churches, public facilities, schools and other similar uses; and WHEREAS, the City Council deems it appropriate to adopt an interim zoning ordinance in order to limit application of the abatement provisions of Section 17.40.010(C) until such time as the City Council with the advice of the Planning Board and its citizens, may better define the problem and develop a comprehensive approach thereto, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 17.40.010(C)of the Edmonds Community Development Code is hereby amended to read as follows: 17.40.010 Nonconforming Uses. C. Abatement. Any commercial, business or industrial use located in a residential zone district, or in the OS zone district shall be discontinued within fifteen (15) years after the use first becomes nonconforming. If the affected use is not operated in a building, it shall be discontinued within three (3) years of the notice. These time periods may be extended under Subsections D and E of this Section. The time shall commence from the time the use first became nonconforming under this code, and where applicable, its predecessor. 229515.10 -2- Section 2. As an interim zoning ordinance, this ordinance shall expire six (6) months after the date of its passage unless extended by action of the City council. The City Council shall hold a public hearing regarding this ordinance on the 1st day of June, 1999, such date being within sixty (60) days of the adoption of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED �r'w% � 6ix-e-e�' CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF H Y RNEY: BY FILED WITH THE CITY CLERK: 04 /16/99 PASSED BY THE CITY COUNCIL: 04/20/99 PUBLISHED: 05/06/99 EFFECTIVE DATE: 05/11/99 ORDINANCE NO. 3247 229515.10 -3- SUMMARY OF ORDINANCE NO. 3247 of the City of Edmonds, Washington On the 20th day of April, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3247. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE OF THE CITY, AMENDING THE PROVISIONS OF SECTION 17.40.010(C) TO LIMIT THE APPLICATION OF THE CITY'S ABATEMENT PROCESS TO NONCONFORMING COMMERCIAL, BUSINESS AND INDUSTRIAL USES LOCATED IN RESIDENTIAL ZONES, SETTING A HEARING DATE ON SUCH ORDINANCE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 21st day of April, 1999. CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHONISH, I SUMMARY OF ORDINANCE NO. 3247 of the City of dmonds, Washington On the 20th day of April, 1999, .the City Council of the City of Edmonds, passed Ordinance No. .3247. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON. ADOPTING AN INTERIM ZON- ING ORDINANCE OF THE CITY, AMENDING THE PROVISIONS OF SECTION 17.40.010(C) TO LIMIT THE APPLICATION OF Tuc ciT nonx..aw, -! ING COMMERCIAL, BUSINESSI AND INDUSTRIAL USESi LOCATED IN RESIDENTIAL ZONES, SETTING A HEARINGI DATE ON SUCH ORDINANCE, AND FIXING A TIME WHEN THE SAME SHALL BECOME1 EFFECTIVE. The full text of this Ordinance' will be mailed upon request. DATED this 21st day of April. 1999. CITY CLERK, SANDRA S. CHASE Published: May S, 1999. B -2 -1 ss. Affidavit of Publication 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 Court of Snohomish County and that the notice ......... ............................... Sunrory of Ordinance No. 3247 ........ ............................... °--........................................................... ............................... 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: ...........Niay-- 6..... 1999 .............................................. ................. ........... . .. ............. .................................................................................:....................... ........................I.... and that said newspaper was regularly distributed to its subscribers during all of said period. .. ............CZ............... `..... .---------- ............ - -... . Principal Clerk Subscribed and sworn to before me this.......... 6th..,._,___ of..... .... ...Y ...................... �......... ...., is 99... ............. ......................... ...... Notary Public in and for the tate o Washington, residing at Everett, Snoho ' h Co I ��gE J. q� .,, ,c . •,�� �Ai ' • o NOTARY 9N� .0 r PUBLIC (p