Ordinance 3814ORDINANCE NO. 3814
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 17.105 ECDC
TO DEFINE EMERGENCY TEMPORARY HOMELESS
SHELTER AND IDENTIFY ZONING DISTRICTS WHERE
THEY ARE PERMITTED, REPEALING ORDINANCE NOS.
3730, 3769 AND 3794, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council adopted Ordinance No. 3730 permitting the
temporary change in use of certain buildings to house indigent persons under certain conditions,
and affirming the City Council's commitment to support public and nonprofit agencies in
providing needed services to indigent persons and to allow for a compliance permitting process
for exemptions to State Building Code; and
WHEREAS, the City Council also adopted Interim Ordinance No. 3769, which
was further extended by Ordinance No. 3794 , defining certain words as applied to temporary
homeless shelters regulations and identifying zoning districts where temporary homeless shelters
may be sited; and
WHEREAS, the City of Edmonds Planning Board, after holding a public hearing,
recommended adoption of the instant ordinance codifying the above referenced ordinances with
minor revisions and modifications; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Adopted. A new Chapter 17.105 of the Edmonds Community
Development Code (ECDC) entitled Emergency Temporary Indoor Shelter is hereby adopted to
read as follows:
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Chapter 17.105
Emergency Temporary Indoor Shelter
Sections:
17.105.000 Intent.
17.105.010 Definitions.
17.105.020 Temporary change in use.
17.105.030 Zoning districts where permitted.
17.105.000 Intent.
The city is committed to support public and nonprofit agencies to
safely provide needed emergency temporary indoor shelters to
indigent persons and to allow for a compliance permitting process
for exemptions to State Building Code as set forth in RCW
19.27.042, WAC 51 -16 -030 and ECDC 19.00.040. No provision
in any ordinance adopted by the city shall be applied or interpreted
to prohibit an emergency temporary homeless shelter when the
same or equivalent is specifically allowed under state or federal
law, rule or regulation under similar circumstances, or to impose
any condition to the approval thereof that is specifically prohibited
under the same.
17.105.010 Definitions.
The following definitions shall apply to this Chapter:
A. "Emergency temporary homeless shelter" shall be defined
as short-term residence for a group of people at a permanent
building's indoor facility that is organized by a sponsor with
services provided by a sponsor.
B. "Short- term" shall be defined as fourteen days or less
during any consecutive thirty-day period.
C. "Sponsor" shall be defined as a community based
organization that is a public agency or nonprofit corporation /
organization, and that fulfills its mission, in part, by organizing
living accommodations for the homeless.
17.105.020 Temporary change in use.
A. Pursuant to RCW 19.27.042, WAC 51 -16 -030 and ECDC
19.00.040 the character of use or occupancy of an existing building
located in the City of Edmonds may be temporarily changed in
order to provide emergency temporary homeless shelter for
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indigent persons without conforming to all of the requirements of
the State Building Code; PROVIDED that the proponent of an
exemption applies and is approved for a compliance permit for the
proposed exemption, and complies with conditions thereto.
B. Compliance permits for exemptions shall be reviewed and
approved by the City's Building Official (or designee), in
consultation with the City's Fire Marshal (or designee), as a Type I
action based on the following guidelines:
1. Any code deficiencies to be exempted pose no threat to human
life, health, or safety;
2. The building is owned or administered by a public agency or
nonprofit corporation; and
3. The proposed emergency temporary homeless shelter for
indigent persons is less hazardous than the existing use.
C. The City's Building Official and Fire Marshal (or
designees) shall consider the requirements and exclusions for
nonconforming religious buildings in ECDC 19.00.040 when
reviewing and approving an application for compliance permits for
exemptions.
D. A compliance permit for an exemption shall be valid for no
more than 180 days, except that the City's Building Official, in
consultation with the Fire Marshal or his designee, may approve a
renewal based on the same guidelines as the initial permit. As a
condition of approval, a building for which a compliance permit
for exemption is issued shall not be used as an emergency
temporary homeless shelter for more than fourteen days during any
consecutive thirty -day period. Failure to comply with any
condition of approval shall be cause to suspend or revoke the
permit.
17.105.030 Zoning districts where permitted.
Emergency temporary homeless shelters shall be permitted as a
primary or secondary use at all zoning districts where Churches or
any kind of Local Public Facilities are permitted as primary uses.
Section 2. Repealed. The new Chapter 17.105 ECDC is the codification, with
minor revisions and modifications, of Ordinance No. 3730 and Interim Ordinance No. 3769, as
extended by Ordinance No. 3794, and it is intended to replace them. Ordinance No. 3730 and
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Interim Ordinance No. 3769, as extended by Ordinance No. 3794, are, therefore, hereby
repealed.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect five (5) days after
passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOk MIKE COOPER
ATTEST /AUTHENTICATED:
A.,&, ,d &..,-
CITY CLERK, SANDRA S. CHASE
APPROVED T ORM:
OFFICE OF TY O E
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 10/29/2010
PASSED BY THE CITY COUNCIL: 11/01/2010
PUBLISHED: 11/07/2010
EFFECTIVE DATE: 11/12/2010
ORDINANCE NO. 3814
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SUMMARY OF ORDINANCE NO. 3814
of the City of Edmonds, Washington
On the 1St day of November, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3814. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 17.105 ECDC
TO DEFINE EMERGENCY TEMPORARY HOMELESS
SHELTER AND IDENTIFY ZONING DISTRICTS WHERE
THEY ARE PERMITTED, REPEALING ORDINANCE NOS.
3730, 3769 AND 3794, 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, 2010.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
SUMMARY OF ORDINANCE NO. 3814
of the dy o Edmonds, as ngton
On the 1st day of November, 2010, the City Council of the City
of Edmonds, passed Ordinance No. 3814. A summary of the con-
tent of said ordinance, consisting of the fide, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING -
TON, ADOPTING ANEW CHAPTER 17.105 ECDC TO DE-
FINE EMERGENCY TEMPORARY HOMELESS SHELTER
AND INDENTIFY ZONING DISTRICTS WHERE THEY ARE
PERMITTED, REPEALING ORDINANCE NOS. 3730, 3769
AND 3794, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECT VE:
The full'text of.this Ordinance will be mailed upon request
DATED this 2nd day of November, 2010.
CITY CLERK, SANDRA S. CHASE
Published: November 7, 2010.
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 Courtof Snohomish County and that the notice
Summary of Ordinance No. 3814
Adopting a New Chapter 17.105 ECDC
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, 2010
and that said newspaper was regularly distributed to it
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Account Name: City of Edmonds Account Number: 101416 Order Number: 0001717040