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Ordinance 35440006.90000 WSS /amg 10/22/04 R:3 /29 /05gjz ORDINANCE NO. 3544 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, 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, WHEREAS, interim zoning ordinance 3522 was enacted by the Council and will expire unless extended, and WHEREAS, a public hearing was held April 5, 2005 and based upon the legislative record, the City Council finds that the public health, safety and welfare would be served by an extension of the interim zoning ordinance until such time as the Planning Board's recommendation is received, NOW, THEREFORE, {WSS583 527.DOC; 1/00006.900000/1 - 1 - 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. 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. 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. APPROV D: MAYOR G Y HAAKENSON {WSS583527.DOC;1/00006.900000/} - 2 - ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE ClT y ATTORNEY: BY r FILED WITH THE CITY CLERK: 04/01/2005 PASSED BY THE CITY COUNCIL: 04/05/2005 PUBLISHED: 04/10/2005 EFFECTIVE DATE: 04/15/2005 ORDINANCE NO. 3544 {WSS583527.DOC;1/00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3544 of the City of Edmonds, Washington On the 5th day of April, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3544. 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, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 6th day of April, 2005. ITY CLERK, SANDRA S. CHASE {WSS583527.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 36.70A.120, if a public hearing is held on such proposed actions. [1992 c 207 § 6.] Adopted by Reference Ordinance A # -3_51/ on y s Ofty Clerk http: / /search.mrsc. org /nxtlgateway.dll /rcw /rcw %20 %203 6 %20 %20title /rcw %20 %2036 %2... 4/29/2005 Affidavit of Publication STATE OF WASHINGTON, � COUNTY OF SNOHOMISH S.S. SUMMARY OF ORDINANCE NO. 3544 The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of City of mon s, Washing ton + of THE HERALD, a daily newspaper printed and published in the City of Everett, County of On the 51h day -of April, 2005, the City Council of the City of it Edmonds, passed Ordinance No. 3544. A summary of the Snohomish, and State of Washington; that said newspaper is a newspaper of general content of said ordinance, consisting of the title, provides as }follows: I circulation in said Count and State; that said newspaper has been approved as a legal Y PP g AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, ENACTING AN INTERIM ZONING ORDINANCE, newspaper by order of the Superior Court of Snohomish County and that the notice AMENDING THE DEFINITIONS OF SIDE SETBACK ECDC 21.90.050, STREET SETBACK ECDC .21.90.140, REARI Summary of Ordinance No. 3544 E SETBACK ECDC 21.85.020, AND FIXING A TIME WHEN I THE SAME SHALL BECOME EFFECTIVE. - The full text of this Ordinance will be mailed upon request. City of Edmonds r DATED this 6th day of Apol, 2005. CITY CLERK, SANDRA S. CHASE, L Published: April 10, 2005. i 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: April 10, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this RECEIVED day of April, 2005 APR 15 2005 A, ,, l EDMONDS CITY CLERK Account Name: City of Edmonds 11th �S Notary Public i fo the State of Washington, residing at Everet Sno omishPUBLIC County. tp 9.17 <2Q08 OP Account Number: 101416 Order Number: 0001276149