Ordinance 36960006.900000
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ORDINANCE NO. 3696
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE COMMUNITY
DEVELOPMENT CODE BY THE REPEAL AND
REENACTMENT OF CHAPTER 17.40 NONCONFORMING
USES, BUILDINGS, SIGNS AND LOTS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, existing Chapter 17.40 Nonconforming Uses, Buildings, Signs and
Lots was enacted in 1980 with the goal of achieving strict compliance with the City's zoning
code; and
WHEREAS, significant changes have occurred including but not limited to the
enactment of Historic Preservation provisions, changes in the state regulatory structure and the
City's Comprehensive Plan designed to encourage mixed use development, preserve affordable
housing and permit reuse and reconstruction of buildings within the City; and
WHEREAS, in order to encourage annexations to the City, the City wishes to
provide for greater flexibility in the preservation of existing legally non - conforming uses,
buildings and structures; and
WHEREAS, the City Council finds that the business environment and economic
development can be stimulated by allowing greater flexibility regarding the reuse of
nonconforming signs, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.
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Chapter 17.40
NONCONFORMING USES, BUILDINGS,
SIGNS AND LOTS
Sections:
17.40.000
Purpose.
17.40.010
Nonconforming uses.
17.40.020
Nonconforming buildings.
17.40.030
Nonconforming accessory dwelling units.
17.40.040
Nonconforming lots.
17.40.050
Nonconforming signs.
17.40.060
Nonconforming community facilities
17.40.000 Purpose.
The purpose of this chapter is to allow certain nonconforming uses,
buildings, signs and lots to continue while limiting the
continuation of certain aspects of nonconformity. Other
nonconforming uses, buildings, signs and lots, which are declared
to be nuisances, are required to be eliminated.
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one which was once
allowed by applicable land use regulations, but is no longer
allowed, due to the passage or later change of this or a prior
ordinance.
B. Continuation. A nonconforming use may continue, unless
required to be abated by subsection C of this section, but it may not
be expanded in any way, including additional lot area, floor area,
height, number of employees, equipment, or hours of operation
except as otherwise provided in ECDC 17.40.060.
C. Lapse of Time.
1. If a nonconforming use ceases for a period of six
continuous months, any later use of the property occupied by the
former nonconforming use shall conform to this zoning ordinance.
Uses such as agricultural uses, which vary seasonally, shall be
deemed abandoned if the seasonal use is not utilized during one
full season consistent with the traditional use.
2. If a nonconforming residential use ceases because
its building is damaged in excess of seventy -five (75) percent of its
replacement cost, the use may be reestablished if, but only if, an
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application for a building permit which vests as provided in ECDC
19,00.015, et seq, is filed within 18 months of the date such
damage occurred. After the application has been filed, only one
180 -day extension may be granted.
3. The right of reestablishment of use described in
ECDC 17.040.10.C.2, above, shall not apply if:
(a) The building or structure was damaged or destroyed
due to the unlawful act of the owner or the owner's agent;
or
(b) The building is damaged or destroyed due to the
ongoing neglect or gross negligence of the owner or the
owner's agent.
In the event that 17.40.010.C.3(a) or (b) apply, the nonconforming
use shall be abated if damage exceeds twenty -five (25) percent of
replacement cost. "Replacement cost" shall be determined as
provided in ECDC 17.40.020(F).
D. Conditional Uses. A legal use does not become
nonconforming because the zone in which it is located is changed
to a zone district which requires a conditional use permit for the
use. However, the use may not be expanded, as provided for in
subsection B of this section, without obtaining a conditional use
permit.
17.40.020 Nonconforming building and /or structure.
A. Definition. A nonconforming building is one which once
met bulk zoning standards and the site development standards
applicable to its construction, but which no longer conforms to
such standards due to the enactment or amendment of the zoning
ordinance of the City of Edmonds or the application of such
ordinance in the case of a structure annexed to the City. Subject to
the other provisions of this section, an accessory building that is
not an accessory dwelling unit shall be presumptively
nonconforming if photographic or other substantial evidence
conclusively demonstrates that the accessory building existed on or
before January 1, 1981. In the case of a property that was annexed
after January 1, 1981, then the date shall be that of the effective
date of the annexation of the City of Edmonds. Such presumption
may be overcome only by clear and convincing evidence.
B. Continuation. A nonconforming building or structure may
be maintained and continued, unless required to be abated
elsewhere in this chapter or section, but it may not be changed or
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altered in any manner which increases the degree of nonconformity
of the building except as expressly provided in subsection C
through I.
C. Historic Buildings and Structures. Nothing in this section
shall prevent the full restoration by reconstruction of a building or
structure which is either listed on the National Register of Historic
Places, the Washington State Register of Historic Places, the
Washington State Cultural Resource Inventory, the Edmonds
Register of Historic Places, or is listed in a Council- approved
historical survey meeting the standards of the State Department of
Archaeology and Historic Preservation. "Restoration" means
reconstruction of the historic building or structure with as nearly
the same visual design appearance and materials as is consistent
with full compliance with the State Building Code and consistent
with the requirements of Chapter 20.45 ECDC Edmonds Register
of Historic Places. The reconstruction of all such historic
buildings and structures shall comply with the life safety
provisions of the State Building Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a
nonconforming building or structure shall be permitted.
2. Alterations which otherwise conform to the
provisions of the zoning ordinance, its site development and bulk
standards, and which do not expand any nonconforming aspect of
the building, shall be permitted.
3. In an effort to provide modular relief, minor
architectural improvements in commercial and multiple family
residential zones may encroach into a nonconforming setback
adjacent to an access easement or public right -of -way not more
than 30 inches or one half of the distance to the property line
whichever is less. "Minor architectural improvements" are defined
as and limited to bay windows, eaves, chimneys and architectural
detail such as cornices, medallions and decorative trim. Such
improvements shall be required to obtain administrative design
review. Nothing herein shall be interpreted to exempt such
improvements from compliance with the state building and fire
code.
4 Alterations required by law or the order of a public
agency in order to meet health and safety regulations shall be
permitted.
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E. Relocation. Should a nonconforming building or structure
be moved horizontally for any reason for any distance, it shall
thereafter come into conformance with the setback and lot
coverage requirements for the zone in which it is located.
Provided, however, that a building or structure may be moved on
the same site without full compliance if the movement reduces the
degree of nonconformity of the building or structure. Movement
alone of a nonconforming building or structure to lessen an aspect
of its nonconformity shall not require the owner thereof to bring
the building or structure into compliance with other bulk or site
development standard of the city applicable to the building or
structure.
F. Restoration. If a nonconforming building or structure is
destroyed or is damaged in an amount equal to seventy -five (75)
percent or more of its replacement cost at the time of destruction,
said building shall not be reconstructed except in full conformance
with the provisions of the Edmonds Community Development
Code. Determination of replacement costs and the level of
destruction shall be made by the building official and shall be
appealable as a staff decision under the provisions of ECDC
20.105.030. Damage of less than 75 percent of replacement costs
may be repaired, and the building returned to its former size, shape
and lot location as existed before the damage occurred, if, but only
if, such repair is initiated by the filing of an application for a
building permit which vests as provided in ECDC 19,00.015, et
seq, within one year of the date such damage occurred. This right
of restoration shall not apply if-
1 . The building or structure was damaged or destroyed
due to the unlawful act of the owner or the owner's agent; or
2. The building is damaged or destroyed due to the
ongoing neglect or gross negligence of the owner or the owner's
agents.
G. Residential buildings in commercial zones. Existing
nonconforming buildings in commercial zones in use solely for
residential purposes — or structures attendant to such residential use
— may be remodeled or reconstructed without regard to the
limitations of ECDC 17.40.020(B), (E) and (F), if, but only if the
following conditions are met:
1. The remodel or reconstruction takes place within
the footprint of the original building or structure. "Footprint" shall
mean an area equal to the smallest rectangular area in a plane
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parallel to the ground in which the existing building could be
placed, exclusive of uncovered decks, steps, porches, and similar
features and provided that the new footprint of the building or
structure shall not be expanded by more than ten (10) percent and
is found by the City Staff to be substantially similar to the original
style and construction after complying with current codes.
2. All provisions of the state building and electrical
code can be complied with entirely on the site. No nonconforming
residential building may be remodeled or reconstructed if, by so
doing, the full use under state law or city ordinance of a
conforming neighboring lot or building would be limited by such
remodel or reconstruction.
3. These provisions shall apply only to the primary
residential use on site and shall not apply to nonconforming
accessory buildings or structures.
4. A nonconforming residential single- family building
may be rebuilt within the defined building envelope if it is rebuilt
with materials and design which are substantially similar to the
original style and structure after complying with current codes.
"Substantial compliance" shall be determined by the City Staff as a
Staff Decision — Notice Required under the provisions of ECDC
20.95.050, except that any appeal of the Staff Decision shall be to
the ADB rather than to the Hearing Examiner. The decision of the
ADB shall be final and appealable only as provided in ECDC
20.105.070.
H. Subject to the other provisions of this section, an accessory
building that is not an accessory dwelling unit shall be
presumptively nonconforming if photographic or other substantial
evidence conclusively demonstrates that the accessory building
existed on or before January 1, 1981. In the case of a property that
was annexed after January 1, 1981, then the date shall be that of
the effective date of the annexation to the City of Edmonds. Such
presumption may be overcome only by clear and convincing
evidence.
I. BD -5 Zone. The BD -5 zone was created in part to
encourage the adoption reuse of existing residential structures to
live /work and commercial use as set forth in ECDC
16.43.030(B)(5). In the BD -5 zone, conforming and
nonconforming buildings may be converted to commercial or other
uses permitted by ECDC 16.43.020 without being required to
come into compliance with the ground floor elevation requirements
of ECDC 16.43.030(B).
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17.40.025 Vested nonconforming or illegal accessory
dwelling units.
A. Illegal or nonconforming accessory dwelling units which
registered with the City during the registration period which ended
October 16, 2000, at 5:00 p.m. are hereby declared to be legal
nonconforming detached and attached accessory dwelling units
(ADU). Accessory dwelling unit (ADU) is defined in Chapter
20.21 ECDC.
B. Once registered, a formerly illegal or nonconforming 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.
C. Legal nonconforming units which received a permit
certificate confirming such status and listing the physical
dimensions and other characteristics of the structure may be
continued in accordance with such permit certificate; provided,
however, that the registration and permit of a formerly illegal ADU
may be revoked and /or conditioned in accordance with the
provisions of ECDC 20.100.040.
D. Failure to register a structure within the time period
established by the provisions of this section 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 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.
17.40.030 Nonconforming lots.
A. Definition. A nonconforming lot is one which met
applicable zoning ordinance standards as to size, width, depth and
other dimensional regulations at the date on which it was created
but which, due to the passage of a zoning ordinance, the
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amendment thereof or the annexation of property to the city, no
longer conforms to the current provisions of the zoning ordinance.
A lot which was not legally created in accordance with the laws of
the local governmental entity in which it was located at the date of
the creation is an illegal lot and will not be recognized for
development.
B. Continuation. A nonconforming lot may be developed for
any use allowed by the zoning district in which it is located, even
though such lot does not meet the size, width, depth and other
dimensional requirements of the district, so as long as all other
applicable site use and development standards are met or a
variance from such site use or development standards has been
obtained. In order to be developed a nonconforming lot must meet
minimum lot size standards established by the provisions of this
code, subject to the provisions of subsection D of this section.
C. Combination. If, since the date on which it became
nonconforming due to its failure to meet minimum lot size or
width criteria, an undeveloped nonconforming lot has been in the
same ownership as a contiguous lot or lots, the nonconforming lot
is and shall be deemed to have been combined with such
contiguous lot or lots to the extent necessary to create a
conforming lot and thereafter may only be used in accordance with
the provisions of the Edmonds Community Development Code,
except as specifically provided in subsection D of this section.
D. Exception for Single - Family Dwelling Units. An applicant
may build one single - family residence consisting of no more than
one dwelling unit on a lot or parcel regardless of the size of the lot
or parcel if, but only if, one of the following exceptions applies:
1. In an RS zone, such nonconforming lot may be sold
or otherwise developed as any other nonconforming lot pursuant to
the following conditions and standards:
a. The lot area of the nonconforming lot is not
less than the minimum lot area specified in the table below for the
zoning district in which the subject property is located, and
b. Community facilities, public utilities and
roads required to serve the nonconforming lot are available
concurrently with the proposed development, and
C. Existing housing stock will not be destroyed
in order to create a new buildable lot.
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Lot Area Table
2. An applicant applies for necessary permits to
construct the unit within five years to the date the lot or parcel is
annexed into the city and the lot or parcel was lawfully created
under provisions of Snohomish County subdivision and zoning
laws as well as the laws of the state of Washington; or
3. An applicant may remodel or rebuild one residence
on a nonconforming lot without regard to the seventy -five (75)
percent destruction requirement of ECDC 17.40.020(F) if a fully
completed building permit application is submitted within one year
of the destruction of the residence and all other development
requirements of this code are complied with; or
4. The lot lines defining the lot or parcel were
recorded in the Snohomish County recorder's office prior to
December 31, 1972, and the lot or parcel has not at any time been
simultaneously owned by the owner of a contiguous lot or parcel
which fronts on the same access right -of -way subsequent to
December 31, 1972, and the lot or parcel has access to an access
right -of -way which meets the minimum requirements established
by this code; or
5. The owner of a lot which was lawfully created
under the Snohomish County subdivision and zoning laws and
which was annexed to the city of Edmonds on or after December
16, 1958, may file a fully completed building permit application
for a development lot in accordance with the provisions of this
chapter and develop the lot if a fully completed building
application to develop said lot was filed with the city on or before
the date established by Ordinance No. 3024. This paragraph (D)(5)
shall sunset and be removed from the code two years after the
effective date of the passage of Ordinance No. 3024 and is
intended to provide a window of opportunity for those persons who
comply with the provisions of subsection D of this section but who
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Zone
% Needed for
Legal Lot
Lot Size Needed
for legal Lot
(1)
RS -20
60%
12,000
(2)
RS -12
70%
8,400
(3)
RS -10
75%
7,500
(3)
RS -8
80%
6,400
(4)
RS -6
90%
5,400
2. An applicant applies for necessary permits to
construct the unit within five years to the date the lot or parcel is
annexed into the city and the lot or parcel was lawfully created
under provisions of Snohomish County subdivision and zoning
laws as well as the laws of the state of Washington; or
3. An applicant may remodel or rebuild one residence
on a nonconforming lot without regard to the seventy -five (75)
percent destruction requirement of ECDC 17.40.020(F) if a fully
completed building permit application is submitted within one year
of the destruction of the residence and all other development
requirements of this code are complied with; or
4. The lot lines defining the lot or parcel were
recorded in the Snohomish County recorder's office prior to
December 31, 1972, and the lot or parcel has not at any time been
simultaneously owned by the owner of a contiguous lot or parcel
which fronts on the same access right -of -way subsequent to
December 31, 1972, and the lot or parcel has access to an access
right -of -way which meets the minimum requirements established
by this code; or
5. The owner of a lot which was lawfully created
under the Snohomish County subdivision and zoning laws and
which was annexed to the city of Edmonds on or after December
16, 1958, may file a fully completed building permit application
for a development lot in accordance with the provisions of this
chapter and develop the lot if a fully completed building
application to develop said lot was filed with the city on or before
the date established by Ordinance No. 3024. This paragraph (D)(5)
shall sunset and be removed from the code two years after the
effective date of the passage of Ordinance No. 3024 and is
intended to provide a window of opportunity for those persons who
comply with the provisions of subsection D of this section but who
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are barred due to the passage of time an equal opportunity to
develop a lot in accordance with the provisions of the code.
17.40.040 Nonconforming signs.
Nonconforming signs are injurious to the health, safety and welfare
and destructive of the aesthetic and environmental living
conditions which this zoning ordinance is intended to preserve and
enhance. Nonconforming signs shall be brought into compliance
with the provisions of Chapter 20.60 ECDC under the following
terms and conditions:
A. No nonconforming sign shall be expanded, extended,
rebuilt, reconstructed or altered in any way, except as provided
below. The following acts are specifically permitted and shall not
in and of themselves require conformance with the provisions of
Chapter 20.60 ECDC:
1. Normal maintenance of the sign;
2. A change in the name of the business designated on
the sign; or
3. Any action necessary to preserve the public safety
in the event of damage to the sign brought about by an accident or
an act of God.
B. Any nonconforming sign shall be brought into immediate
compliance with the code in the event that it is expanded in
violation of subsection A above.
C. None of the foregoing provisions relating to permitted
maintenance, name change or preservation of the sign under
paragraph A of this section shall be construed so as to permit the
continuation or preservation of any nonconforming off - premises
sign.
17.40.050 Nonconforming local public facilities.
A. Local Public Facilities. Existing legal nonconforming local
public facility uses, buildings, and /or signs, owned and /or operated
by local, state, or federal governmental entities, public service
corporations, or common carriers (including agencies, districts,
governmental corporations, public utilities, or similar entities) may
be expanded, enlarged, altered, or modified, subject to review
under the Essential Public Facilities provisions of this code.
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Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally 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:
MAY R 4"AKENSON
ATTEST /AUTHENTICATED :
"f 2,6"
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO ORM:
OFFICE OF H ITY AaZ NEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 08/22/2008
PASSED BY THE CITY COUNCIL: 08/26/2008
PUBLISHED: 08/31/2008
EFFECTIVE DATE: 09/05/2008
ORDINANCE NO. 3696
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SUMMARY OF ORDINANCE NO. 3696
of the City of Edmonds, Washington
On the 26th day of August, 2008, the City Council of the City of Edmonds,
passed Ordinance No. 3696. 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
COMMUNITY DEVELOPMENT CODE BY THE REPEAL AND REENACTMENT OF
CHAPTER 17.40 NONCONFORMING USES BUILDINGS SIGNS AND LOTS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 27th day of August, 2008.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3696
o the iry of Edmonds, Washington '
On the 26th day of August, 2008, the City Council of the
City of Edmonds, passed Ordinance No. 3696. A summary of
the co WASHING-
AN of said ordinance, consisting of the title, provides
as f011ows:.
AN ORDINANCE OF THE CITY OF EDMONDS,
TON, AMENDING THE COMMUNITY DEVELOPMENT
CODE BY THE REPEAL AND REENACTMENT OF CHAP -
TER 17.40 NONCONFORMING USES BUILDINGS' SIGNS
AND LO' T-S AITD FIX N A TIM' VV1,104 T E A E HALL
BE ME EFFECTIVE.
The full
DATED text
s 27t h day of Ordinance will be . ailed upomrequest;
CITY CLERK, SANDRA S. CHASE
Published: August 31, 2008.
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. 3696
Amending the Community Development Code
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:
August 31, 2008
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of
Notary Public in and or the tate of
County.
1st
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�t.Verett,
Snohomish
Account Name: City of Edmonds Account Number. 10141 ""J _ U Ofif f�Qi
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