Ordinance 35860006.90000
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10/22/04
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ORDINANCE NO. 3586
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 3567 was enacted by the Council and will
expire unless extended, and
WHEREAS, a public hearing was held April 4, 2006 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,
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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. This interim ordinance shall expire six (6) months from the date of passage unless
extended by act of the city council.
APPROV .
MAYOR G HAAKENSON
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF HE UTY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/31/2006
PASSED BY THE CITY COUNCIL: 04/04/2006
PUBLISHED: 04/09/2006
EFFECTIVE DATE: 04/14/2006
ORDINANCE NO. 3586
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SUMMARY OF ORDINANCE NO. 3586
of the City of Edmonds, Washington
On the 4th day of April, 2006, the City Council of the City of Edmonds, passed
Ordinance No. 3586. 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 5th day of April, 2006.
CITY CLERK, SANDRA S. CHASE
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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
1 Ordinance # 3586 on
City Clerk
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3586
o t e ty o mon s, as mgton
On the 46 day of April. 2006, the City Council of the City of
Edmonds, passed Ordinance No. 3586. A summary of the
content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TpN, 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 5th day of April,.2006.
CITY CLERK, SANDRA S. CHASE
Published: April 9, 2006. _J
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. 3586
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:
April 09, 2006
and that said newspaper was regularly distributed to its subscribers during all of said period.
. / I r rnnclpal Clerk
Subscribed and sworn to before me this 10th
day of April, 2006
41alssin
e +� Notary Public in fort a State of Washington, residing at Evert, Sn omis
APR 19 2006 County. ��RY y C
7� 9.,808
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Account Name: City of Edmonds Account Number. 175376 Order Number. 100Q1