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Ordinance 33000006.900000 WSS /gjz 2/15/00 R:3 /9 /00gjz R:3 /22 /00gjz ORDINANCE NO. 3300 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER 17.40 NONCONFORMING USES. BUILDING SIGNS AND LOTS TO ADD A NEW SECTION 17.40.025 NONCONFORMING ACCESSORY DWELLING UNITS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds City Council has initiated amendments to the provisions of Chapter 20.21 Accessory Dwelling Units, and WHEREAS, in the course of such testimony, the Planning staff and other persons testified that a potentially large but unknown number of accessory dwelling units currently exist within the City of Edmonds, including both legal nonconforming uses and illegal units, and WHEREAS, the City Council wishes to establish an amnesty period for the registration of legal nonconforming and the permitting of illegally initiated attached and detached accessory dwelling units in order to provide for their inspection to determine conformance with life safety codes applicable to all buildings as well as, in the case of illegal units, State building codes as amended by the City of Edmonds with respect to the building, and WHEREAS, the City Council deems it appropriate to register existing nonconforming uses and to establish a permitting process to register illegal accessory dwelling units upon proof of compliance with existing building codes, NOW, THEREFORE, {GJZ424625.DOC;1/00006.900000/} - 1 - THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.40 of the Edmonds Community Development Code Nonconforming Uses, Building Signs and Lots shall be amended to add the following: 17.40.025 Nonconforming accessory dwelling units. A. Commencing on April 15, 2000, a registration period of six months, ending October 16, 2000 at 5:00 p.m. is hereby established for the registration of legal nonconforming and illegal detached and attached accessory dwelling units (ADU). No fees shall be charged for such registration. Accessory Dwelling Unit (ADU) is defined in Chapter 20.21. Upon receipt of the registration, the City shall develop a schedule for the inspection of such accessory dwelling units to determine compliance with the State Building and Fire Codes. An inspection of such structures by the State electrical inspector shall also be requested if no records of a prior electrical inspection is provided by the registrant. B. Nonconforming structures. An attached or detached ADU, which qualifies as a legal nonconforming building as defined in ECDC 17.40.020(A), shall be inspected to determine whether it was in compliance with the State Building and Fire Codes in existence at the date it was constructed. An applicant shall submit a final occupancy permit issued by the City of Edmonds or Snohomish County, as appropriate, with respect to said ADU prior to the date said use was regulated by the agency with jurisdiction, as proof of its legal nonconformity or such other proof as may be reasonably available. Upon an adequate showing of nonconformity as determined at the discretion of the City, the ADU shall be required to meet the provisions of the State Building and Fire Code which are applicable to any building or structure and are considered life safety codes. The City shall issue a certificate of noncompliance noting the size and characteristics of the ADU and the structure in which it is located in order to permit its use and continuation and to determine its compliance with the other provisions of ECDC 17.40.020. Such legal nonconforming ADU's and the structures in which they are located shall not be required to obtain a conditional use permit in accordance with the provisions of Chapter 20.21 ECDC.' Such registration of legal nonconforming structures may include both attached and detached units which were in conformance with the applicable provisions of law and ordinance at the date constructed. {GJZ424625.DOC;1/00006.900000/} - 2 - C. Registration of Illegal Accessory Dwelling Units. ADU's which were not legal uses at the date constructed may be registered during the registration period set forth in paragraph A. above. Registration shall be accompanied by the fee established for issuance of a conditional use permit for each ADU with such fees to be used to defray the cost of building, fire and other inspections. The City shall establish an inspection schedule for ADU's. A certificate of registration and permit shall be issued to the former illegal structure granting the privileges of a legal nonconforming building subject to the provisions of ECDC 17.40.020 upon certification of that the structure is or has been brought into compliance with all current provisions of the State building codes and city ordinance. 1. Once registered, a formerly illegal ADU shall enjoy all the protections and privileges afforded to a nonconforming building under the provisions of ECDC 17.40.020, provided, however, that such ADU shall be subject to the permit review requirement of ECDC 20.100.040 to the end that the City Council reserves the right to impose additional conditions on the continued use and occupancy of the formerly illegal ADU if it is found to constitute a nuisance or present a hazardous condition, or to revoke such registration and permit if a nuisance or hazardous condition relating to the ADU is not abated. 2. The provisions of Section C shall apply to both attached and detached accessory dwelling units, provided, however, that such ADUs shall be registered and permitted to continue subject to the provisions of this section only if they were constructed in good faith by construction completed prior to December 31, 1999. D. Legal nonconforming units shall receive a permit certificate confirming such status and listing the physical dimensions and other characteristics of the structure, provided, however, that the registration and permit of a formerly illegal ADU may be revoked and/or conditioned in accordance with the provisions of Section 20.100.040. E. Failure to register a structure within the time period established by the provisions of this ordinance shall be considered to be presumptive proof that such a unit is an illegal unit and subject to abatement. The owner of such structure may overcome such a presumption only by presentation of substantial and competent evidence which establishes the legal nonconforming nature of such building by clear and convincing evidence that the structure was permitted by Snohomish County or the City of (GJZ424625.DOC;1/00006.900000/) - 3 - Edmonds, was permitted by such agency and was in complete compliance with the applicable provisions of State law and County or City ordinance, at the date such construction was initiated and was completed. Section 2. As part of the commencement of the registration period, the City Clerk is directed to publish such notice of such registration period in the City's official newspaper. In addition, the staff is directed to include notification of the registration period and the provisions of the ordinance in utility billings. 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: xZ�,� JA�-�� MA R, G Y HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CI Y ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 03/24/2000 PASSED BY THE CITY COUNCIL: 03/28/2000 PUBLISHED: 04/02/2000 EFFECTIVE DATE: 04/07/2000 ORDINANCE NO. 3300 (GJZ424625.DOC;1/00006.900000/) - 4 - SUMMARY OF ORDINANCE NO. 3300 of the City of Edmonds, Washington On the 28th day of March, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3300. 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 THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER 17.40 NONCONFORMING USES. BUILDING SIGNS AND LOTS TO ADD A NEW SECTION 17.40.025 NONCONFORMING ACCESSORY DWELLING UNITS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 29th day of March, 2000. CITY CLERK, SANDRA S. CHASE {GJZ424625.DOC;1 /00006.900000/ } - 5 - Affidavit of Publication STATE OF WASHINGTON, l COUNTY OF SNOHOMISH, Jr The undersigned, being first duly sworn on oath deposes and says SUMMARY of ORDINANCE that she is Principal Clerk of THE HERALD, a daily newspaper 3306 — of the C—ityM. `FETmoncls, printed and published in the City of Everett, County of Snohomish, Washington On the 28th day of March, and State of Washington; that said newspaper is a newspaper of 2000, the City Council of the City of Edmonds, passed Ordinance] general circulation in said County and State; that said newspaper No. 3300. A summary of the content of said ordinance, con•i sisting of the title, provides asj has been a pproved as a legal newspaper by order of the Superior follows: AN ORDINANCE OF THE CITY Court of Snohomish County and that the notice ......... ............................... OF EDMONDS, WASHINGTON} AMENDING THE PROVISIONS', OF THE EDMONDS COMMU -' NITY DEVELOPMENT CODE,j Summary Of Ordinance NO. 3300 ✓ - n' 17.40. 25 City of Edmonds ,, In - .............................................................................................................. ........................ ML;I [Vt. ....................................................................................................... ............................... The full text of this Ordinance will be mailed upon request. I DATED this 29th day of March, a printed copy of which is hereunto attached, was published in said 2000. and not in supplement form, in the regular and CITY CLERK, newspaper proper SANDRA CHASE of said on the following ays and times, name] g y' Published: April 2, 2000. 0 entire edition paper April 2, 2000 ....' . ............................................................................................. ..... ................... ....... .. ...... ................................... ..............................�te ..... .> ...................--- ......... that aid neyusp� ple 1r�Y distrid tl its subscribers ne all of said per d. // --------- - - - - -- Principal Clerk Subscribed and sworn to bef� me this ....................3rd B -2 -1 V1 : SHY m P �eCIC y ' o 20w�':'• • O�a' 6�IA7E:906a0