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Ordinance 3962ORDINANCE NO. 3962 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.40 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD SECTION 17.40.023, AMNESTY FOR CERTAIN LONG - EXISTING WIRELESS COMMUNICATION FACILITIES, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, AT&T proposed a new section ECDC 17.40.023 on May 3, 2013 that would give legal nonconforming status to all wireless facilities in existence on August 5, 1998 even if they had not been permitted upon their establishment; and WHEREAS, the proposed language of ECDC 17.40.023 was reworded to the current proposed language prior to the planning board's public hearing on the matter; and WHEREAS, the planning board held a public hearing on December 11, 2013; and WHEREAS, the planning board unanimously recommended approval of the proposed language after the public hearing; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section, 17.40.023, entitled "Amnesty for certain long -existing wireless communication facilities," is hereby added to the Edmonds Community Development Code to read as follows: 17.40.023 Amnesty for certain long -existing wireless communication facilities. A. Any wireless communications facility that was established prior to August 5, 1998 and does not conform to the current standards of chapter 20.50 ECDC shall be treated as a legal nonconforming wireless communications facility regardless of whether the original establishment of that wireless communication facility complied with applicable code that existed at the time of such establishment. B. The owner of such a facility must present substantial evidence that conclusively demonstrates that the wireless communications facility existed on or before August 5, 1998. C. All maintenance and alterations may be made in accordance with ECDC 17.40.020. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. 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. 15E •; i/: ATTEST/AUTHENTICATED: SCOTT PASSE CI CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: February 21, 2014 PASSED BY THE CITY COUNCIL: February 25, 2014 PUBLISHED: March 2, 2014 EFFECTIVE DATE: March 7, 2014 ORDINANCE NO. 3962 SUMMARY OF ORDINANCE NO.3962 of the City of Edmonds, Washington On the 25th day of February, 2014, the City Council of the City of Edmonds, passed Ordinance No. 3962. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.40 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD SECTION 17.40.023, AMNESTY FOR CERTAIN LONG -EXISTING WIRELESS COMMUNICATION FACILITIES, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 26th day of February, 2014. CITY LERK, SCO Y 3 Everett Daily Herald Affidavit of Publication STATE OF WASHINGTON } COUNTY OF SNOHOMISH } SS 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 is a true copy of City Ordinances - Ordinance Nos. 3961 and 3962 546760 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: 1 issue(s), such publication commencing on 03/02/2014 and ending on 03/02/2014 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $ 41.28. L�E' 7-'k-0-fv"n'— Subscribed and sworn before me on th' ay of Notary Public in and for the State of Washington, residing at Everett, Snohomish County. City of Edmonds EDH101416 - PO: ORD. 3961 & 3962 ORDERED BY: SCOTT PASSEY U. H D Of the Cf1y or Edmonds. W 1a6-1&plon tho 25ih Day of Febru", 2p14„ the City Council or Ilia Clt or ponds. W95hh19tan, passed the folfowing Ordlnancos. The N ORDINANCE OF THE CITY OF EDMON MENDING CHAPTER 20.60. WIRELESS ACiLITIES, SECTION 21.05.005, ACCE' EVICE. AND SECTION 17.0.020, NC UILDING_ANDIOR STRUCTURE. OF fE CITY OF EDMONC 17.40 OF THE EOMO TO ADD SECTION 17 rAOr�rtiEs. PROVIDING FOR SEVERABILITY An1D ESTABLISHING AN EFFECTIVE DATE. The lull text of any Ordlydrnce will be mailed upon request. Dated Ihls 26th Day of February, 2014. Published: March 2, 2014., CITY CLERK, SCOTT PASSEY