Loading...
Ordinance 35220006.90000 WSS /amg 10/22/04 ORDINANCE NO. 3522 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING AN INTERIM ZONING ORDINANCE AMENDING THE DEFINITIONS OF SIDE SETBACK ECDC 21.90.050, STREET SETBACK ECDC 21.90.140, REAR SETBACK ECDC 21.85.020, PROVIDING FOR A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has in a separate quasi judicial decision determined that provisions of the Edmonds Community Development Code regarding setback are ambiguous, and WHEREAS, the City Council wishes to establish a definition of setback which comports with the City's prior administration, while exempting minor structures from its regulation, and forwarding the issue of exemptions to the Planning Board for public input, and WHEREAS, the maintenance of front, rear and side yard setbacks is critical to the residential character of the neighborhoods of the City and provides for privacy, the passage of light and air, and a uniform and neighborhood- friendly environment, and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to the authorization of RCW 36.70A.390, the following interim zoning ordinance amending the provisions of Edmonds Community Development Code Sections 21.90.050, 21.90.140 and 21.85.020 is hereby enacted. {WSS583527.DOC;1/00006.900000/} - 1 - follows: Section 2. ECDC 21.90.050 Side Setback is hereby amended to read as follows: 21.90.050 Side Setback. Side setback is the minimum distance required by this code for a building or structure to be set back from a side lot line. Section 3. ECDC 21.90.140 Street Setback is hereby amended to read as 21.90.140 Street Setback. Street setback means the minimum distance required by this code for a building or structure to be set back from the street lot line. Section 4. ECDC 21.85.020 Rear Setback is hereby amended to read as follows: 21.85.020 Rear Setback. Rear setback means the minimum distance required by this code for a building or structure to be set back from the rear lot line. Section 5. Pursuant to RCW 36.70A.390, public hearing on this interim zoning ordinance shall be held on the 7th day of December, 2004, at 7:00 p.m., or as soon thereafter as the matter may be heard by the City Council. The City Clerk is authorized to provide notice of this hearing. Section 6. The Edmonds Planning Board is hereby charged with the evaluation of this interim zoning ordinance for adoption, and particularly is requested to advise the Council regarding any exceptions or exclusions which should be made for minor structures such as birdhouses, play structures, tree houses, trash containers, front yard light poles, mailboxes, and other similar minor structures greater than three (3) feet in height but which are common to residential neighborhoods and do not impose inappropriate burdens on neighboring properties. Section 7. 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 (WS S583527.DOC;1/00006.900000/} - 2 - effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MA OR HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY 5s7— — W. SCOTT SNYDER FILED WITH THE CITY CLERK: 10/29/2004 PASSED BY THE CITY COUNCIL: 11/01/2004 PUBLISHED: 11/07/2004 EFFECTIVE DATE: 11/12/2004 ORDINANCE NO. 3522 {WSS583527.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3522 of the City of Edmonds, Washington On the 1" day of November, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3522. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTING AN INTERIM ZONING ORDINANCE AMENDING THE DEFINITIONS OF SIDE SETBACK ECDC 21.90.050, STREET SETBACK ECDC 21.90.140, REAR SETBACK ECDC 21.85.020, PROVIDING FOR A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 2r'a day of November, 2004. ITY CLERK, SANDRA S. CHASE tWSS583527.DOC;1/00006.900000/} - 4 - Page 1 of 1 RCW 36.70A.390 Moratoria, interim zoning controls -- Public hearing -- Limitation on length -- Exceptions. A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, or interim official control may be renewed for one or more six -month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. This section does not apply to the designation of critical areas, agricultural lands, forest lands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 3.6.70A.120, if a public hearing is held on such proposed actions. [1992 c 207 § 6.] Adopted by Reference Ordinance #3522 on��11 -I -O ��t- Ci y Clerk http: / /www.mrsc.org /nxt /gateway.dll /rcw /rcw %20% 2036 %20 %20title /rcw %20 %2036 %20... 12/1/2004 STATE OF WASHINGTON, COUNTY OF SNOHOTMSH - -- �, SUMMARY OF ORDINANCE NO. 3522 o t e ity of Edmonds, as inyton On the 1st day of November, 2004, the City Council of the C ty o1 Edmonds, passed Ordinance No. 3522. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, ENACTING AN INTERIM ZONING ORDINANCE AMENDING THE DEFINITIONS OF SIDE SETBACK ECDC 21.90.050, STREET SETBACK ECDC 21.90.140, REAR 'SETBACK ECDC 21.85.020, PROVIDING FOR A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of November, 2004. CITY CLERK, SANDRA S. CHASE Published: November 7, 2004. RECEIVED 21M 1 :'! 1- Account Name: City of Edmonds Affidavit of Publication S.S. 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 No. 3522 City of Edmonds 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: November 07, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of November, 2004 Notary Public in an or he State of 1 County. Account Number: 101416 8th u�� A Q� � 1S5VON Ai 0 O q residing at Everett Sno mish --�- -- PUBLIC N� 9-17 -2008 Or: w Vr... Order Number. 0001229940