Ordinance 32830006.900000
WSS /gjz
11/15/99
ORDINANCE NO. 3283
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, 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,
DIRECTING DEFINITION OF COMMERCIAL, BUSINESS
AND INDUSTRIAL USES TO THE PLANNING BOARD FOR
RECOMMENDATION, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council of the City of Edmonds enacted an interim zoning
Ordinance No. 3247 which limited the application of the City's abatement process in accordance
with the City Council's original intent, and
WHEREAS, the City Council desires to regularly enact such changes as a part of
its zoning code, and
WHEREAS, the City Council wishes to refer the issue of definition of the terms
"commercial ", "business ", and "industrial" to the Planning Board for further definition, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 17.40.010 Nonconforming Uses, paragraph C. Abatement is
hereby regularly amended to read as follows:
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17.40.010 Nonconforming uses.
C. Abatement. Any commercial, business or industrial use
located in a residential zoned district or in the OS zoned district
shall be discontinued within fifteen (15) years after the use first
became non - conforming. 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.
Section 2. The Planning Board is hereby requested and directed to consider
appropriate definitions of the terms "commercial ", "business, or "industrial" as such terms are
used in Section 17.40.010(C). Until such time as the report of the commission is received and
action taken by the City Council, the terms shall be defined in accordance with their standard
ordinary usage interpreted in light of the purposes and intent of the City's zoning provisions and
recognizing that in the event of ambiguity the terms shall be defined in such a way as to permit
full exercise of the common law property rights of property owners within the City of Edmonds
and to effectuate the purposes of the zoning code.
Section 3. Effective Date. 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 an approved summary thereof consisting of
the title.
APPROVED:
O� �.� I .,
MAYOR, BARBARA S. FAHEY
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT E CI ATTORNEY:
BY
FILED WITH THE CITY CLERK: 12/03/1999
PASSED BY THE CITY COUNCIL: 12/07/1999
PUBLISHED: 12/12/1999
EFFECTIVE DATE: 12/17/1999
ORDINANCE NO. 3283
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SUMMARY OF ORDINANCE NO. 3283
of the City of Edmonds, Washington
On the 7th day of December, 1999, the City Council of the City of Edmonds,
passed Ordinance No. 3283. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, 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, DIRECTING DEFINITION OF
COMMERCIAL, BUSINESS AND INDUSTRIAL USES TO THE PLANNING BOARD FOR
RECOMMENDATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of December, 1999.
,,�tS;.r�r,�
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOYLISH,
SUMMARY OF ORDINANCE
283
of the IF-oio EcTmonds,
Washington
On the 7th day of December,t
1999, the City Council of the City,
of Ednwnds, passed Ordinance
No. 3283. A summary of the
content of said ordinance, con-
sisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY,
OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS
OF SECTION 17.40.010(C) TO
LIMIT THE APPLICATION OF
THE CITY'S ABATEMENT.
PROCESS TO NONCONFORW
ING COMMERCIAL, BUSINESS
AND INDUSTRIAL USES
LOCATED IN RESIDENTIAL
ZONES, DIRECTING DEFINI-
TION OF COMMERCIAL, BUSI-
NESS AND INDUSTRIAL USES'
TO THE PLANNING BOARD
FOR RECOMMENDATION, AND
FIXING A TIME WHEN THE
SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 81h day of
December, 1999.
CITY CLERK,
SANDRA S. CHASE
Published: December 12, 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 ......... ...............................
Summary of Ordinance
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City of Edmonds #3283
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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:
ember 12, 1999
.................................................. .................................... ......................... . . . . ..
ted to its subscribers
..................... .......................
Principal Clerk
Subscribed and sworn to before me this.. 14 th
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°.93, �S 20�2•,�Q ��
Sq`1��e `���
1999__.
............. ........
Tashington,