Ordinance 37780006.90000
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ORDINANCE NO. 3778
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 19.00 TO ADD A NEW SECTION 19.00.040
EXCLUSION OF CHURCHES PROVIDING EMERGENCY
HOUSING FOR THE INDIGENT FROM CERTAIN
REQUIREMENTS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, emergency housing for indigent persons is an historic component of
the exercise of religion; and
WHEREAS, the City is required under the provisions of the Washington State
and United States Constitutions as well as Federal law to permit the free exercise of religion and
to be flexible in its approach to an otherwise neutral provision which may have the indirect effect
of adversely impacting or prohibiting religious exercise; and
WHEREAS, the State Building Code RCW 19.27.060(3) permits the City to
exclude certain classes of uses from coverage under the Code so long as such exclusion does not
involve single - family and multi - family uses; and
WHEREAS, the City Council deems it to be in the public interest to exclude
churches, synagogues, mosques and other religious buildings from the State Building Code
sprinkler requirements and any other minimum building code requirement which would
otherwise attach to a change in use in certain limited situations; NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code Chapter 19.00 is
hereby amended by the addition of a new Section 19.00.040 Excluding Nonconforming
Religious Buildings From Certain Requirements to read as follows:
19.00.040 Excluding nonconforming religious building
from certain requirements.
Existing legal nonconforming churches, synagogues, mosques and
other buildings use for religious observance (hereinafter "church"
or "churches ") are hereby excluded from any requirement of the
State Building Code which would be triggered by a change of use
as specifically limited and set forth herein:
1. This change in use exclusion is limited solely to a change
in use for the provision of emergency housing to the homeless and
other indigent persons. The term "emergency" shall mean to the
housing of indigent and homeless persons when the ambient
temperature is forecast by the National Weather Service to be
below 33 degrees for a four -hour overnight period or when wind
chill, violent storms or other inclement conditions present a direct
threat to the lives of homeless and other indigent persons without
shelter. Such danger could include, but is not limited to, the threat
presented by carbon monoxide poisoning for persons attempting to
take shelter in cars or other vehicles with the motor running.
2. In order to claim this exclusion, a church shall:
a. Be a legal nonconforming structure prior to the
provision of emergency housing for the homeless and indigent. In
the alternative, a church may establish that it has previously
provided overnight housing to members of its congregation or the
public in emergencies, for educational, religious or other purposes.
b. Maintain a "fire watch." The term "fire watch"
shall mean the maintenance during all times when indigent housing
services are provided of a watch by paid staff or volunteers who
shall, on premises, monitor for fires or violations of no smoking
prohibitions. At least one fire monitor shall be provided for each
eight persons housed.
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C. Provide an operational smoke detection system.
d. Prohibit the smoking of tobacco or similar products
on the premises and prohibit the use of any open flame in the area
in which the homeless or indigent persons are temporarily housed.
e. Maintain clear and unobstructed means of egress.
Exits must not be locked in the direction of egress unless a special
egress control device is installed in accordance with the Building
Code.
3. The application of this exclusion is intended to fulfill the
City's obligation to provide flexibility and consider reasonable
alternatives in the application of the rigid requirements of the State
Building Code. The Building Official is directed to avoid
technical inflexibility, to consider the use of any reasonable
alternative which would provide the minimum protections required
either under the State Building Code or this exclusion and to be
flexible when considering alternative approaches to the specific
requirements set forth above. All decisions by the Building
Official shall be in writing and articulate the public interest to be
served as well as an analysis of the alternatives.
4. These provisions are for the purpose of providing for and
promoting the health, safety and welfare of the general public. See
Chapter 19.00 Limitation of Benefitted and Protected Classes.
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
immediately.
APPROM:
MAYA G Y HAAKENSON
ATTEST /AUTHENTICATED :
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ITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF 71-111 rITY EY:
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BY wr
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3778
01 -15 -2010
01 -19 -2010
01 -24 -2010
01 -19 -2010 (* See note below)
*Note: Section 2 of the Ordinance states that the Ordinance is effective immediately.
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SUMMARY OF ORDINANCE NO. 3778
of the City of Edmonds, Washington
On the 19th day of January, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3778. 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 CHAPTER 19.00 TO ADD A NEW SECTION 19.00.040 EXCLUSION OF
CHURCHES PROVIDING EMERGENCY HOUSING FOR THE INDIGENT FROM
CERTAIN REQUIREMENTS, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of January, 2010.
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ITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHING'T'ON,
COUNTY OF SNOHOMISH S.S.
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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
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circulation in said County and State; that said newspaper has been approved as a legal
SUMMARY OF ORDINANCE NO. 3778
o the fly of dmonds, ashington
newspaper by order of the Superior Court of Snohomish County and that the notice
19th day of January, 2010, the City Council of the City of
passed Ordinance No. 3778. A summary of the content
NANCE OF THE CITY Otitle EDMONDS aWASHINGTON,
IG THE PROVISIONS OF CHAPTER 19.00 TO ADD A
Summary of Ordinance
TION 19.00.040 EXCLUSION OF CHURCHES PRO -
MERGENCY HO IN OR HE iNDI M
No. 3778
I E A FIXI A TIME WHEN T HF
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of January, 2010.
Published: January 24 2010 CITY CLERK, SANDRA S. CHASE
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:
January 24, 2010
and that said new aper was regularly distributed to its subscribers during all of said period.
Principal Clerk
Subscribed and sworn to before me this 25th
. TE ;( 1 IjEj 11/ ED` day of
FEB 0 2 2010
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Account Name: City of Edmonds
Notary Public in and
County. t
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Account Number: 10141t-
2010
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