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Ordinance 4149ORDINANCE NO.4149 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM - ZONING ORDINANCE TO AMEND SUBSECTION 17.40.020(F) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, ENTITLED "NONCONFORMING BUILDING AND/OR STRUCTURES," DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE WHEREAS, local jurisdictions are free within certain constitutional limitations to establish their own standards for the regulation of nonconforming structures; and WHEREAS, The City's Comprehensive Plan Housing Goal D states our city should maintain a valuable housing resource by encouraging preservation and rehabilitation of the older housing stock in the community; and WHEREAS, the Housing Goals also states for our City to evaluate City ordinances and programs to determine if they prevent rehabilitation of older buildings; and WHEREAS, the WA State Supreme Court has held that although found to be detrimental to important public interests, nonconforming uses may be allowed to continue under certain conditions based on the belief that it would be unfair and perhaps unconstitutional to require an immediate cessation of a nonconforming use; and WHEREAS, in the event of a disaster such as a fire or earthquake that destroyed nonconforming condominiums and multi -family structures, the current Edmonds City Development Code does not allow the same number of housing units to be rebuilt, causing undue hardship and leaving residents without a home; and WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an emergency basis without first holding a public hearing; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsection 17.40.020 (F) of the Edmonds Community Development Code, entitled "Restoration," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strikethrough). F. Restoration. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 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, PROVIDED THAT a multifamily residential building may be restored in the same location and to the same density, height, setbacks and covers a as existed before the destruction or damage occurred if an application for building permit is submitted within one year of the date the damage occurred. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. 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 I 9.00.015 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. Section 2. Sunset. This interim ordinance shall remain in effect for 180 days from the effective date or until it is replaced with another ordinance adopting permanent regulations, after which point it shall have no further effect. Section 3. 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 4. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council, and that the same is not subject to a referendum. Section 5. Effective Date. This ordinance shall take effect and be in full force and effect immediately upon passage, as set forth in Section 3, as long as it is approved by a majority plus one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted by a majority plus one of the entire membership of the council, then the language declaring an emergency shall be disregarded, in which case, 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. Section 6. Adoption of Findings. The city council hereby adopts as findings of fact in support of the adoption of this ordinance the "whereas" clauses above. ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY APPROVED: FILED WITH THE CITY CLERK: April 19, 2019 PASSED BY THE CITY COUNCIL: April 23, 2019 PUBLISHED: April 26, 2019 EFFECTIVE DATE: April 23, 2019 ORDINANCE NO. 4149 SUMMARY OF ORDINANCE NO.4149 of the City of Edmonds, Washington On the 23`d day of April, 2019, the City Council of the City of Edmonds, passed Ordinance No. 4149. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE TO AMEND SUBSECTION 17.40.020(F) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, ENTITLED "NONCONFORMING BUILDING AND/OR STRUCTURES," DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM ZONING ORDINANCE.. The full text of this Ordinance will be mailed upon request. DATED this 23rd day of April, 2019. 5; . ERK, SCOTT P SEY Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Leanna Hartell being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH854109 ORDINANCE NO. 4149 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 04/26/2019 and ending on 04/26/2019 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee f is $10;' Subscribed and swom before me on this ,t�����llllllttl day of 9T 4 CP t?93,V,, ► ''{'ll t4 1111 A1tiO � Notary Public in and for the State of Washington. City of Edmond' - LEGAL ADS 114101416 SCOTIPASSEY Classified Proof SUMMARY OF ORDINANCE NO, 4149 or the Clly 'Of f_xfmunds, W40hinoon On Inc 23rd clay of Apr% 2019, the City C:okjxi of .the Chy of Edmonds, ppeeaaed Oro4idnee Na. 4149. A summary or the content Of ealddrdlfoence, corf5[spag of tho U3v, piwldes am fopowi: AN OR,,NANGE flF THE CITY OF EDMONDS. WASNINGTON, ADOMINO AN INTERIM ZONING ORDINANCE TO AMEND SUBSECTION 17.413.02C(PI OF THE EoMomp5 COMMUNITY DEVELOPMENT CODE, ENTITLED "NONCONF[MRMIN3 BUILDING ANDICR 9MUCTURES; DECLARING AN EMERGENCY NECESSITATING IMMEDIATE ADOPTION AND EFFECTIVENESS OF THIS INTERIM TONING ORDINANCE. The fdp"DftYfa OrdKBrKe will bo mdlnd upon m"61. DATED 0" 2W 44y of ApN, 2019, CITY CLERIC, SCOTT PASSEY Pdb15bed:AprIL25, 29i9, EDW6641op Proofed by Hartell, Leanna, 05/16/2019 10:11:13 am Page: 2 Legal Invoice Sound Publishing, Inc. Unit Attn: AIR PO Box 930 Everett WA 98206-0930 Bill To: City of Edmonds - LEGAL ADS Attn: Scott Passey 121 - 5th Ave N Edmonds WA 98020 Legal Description: City Ordinances Desc: ORDINANCE NO.4149 Ordered By: SCOTT PASSEY Issues Ordered: 1 Date: 04/26/2019 Everett Daily Herald Customer Account #: 14101416 Legal Description: EDH854109 Legal #: EDH854109 Ad Cost: $ 30.77 Published: Everett Daily Herald Start Date: 04/26/2019 End Date: 04/26/2019 Due: $ 30.77 Please return this with payment. Questions? Call 1-8004854920 City of Edmonds - LEGAL ADS Account M 14101416 Attn: Scott Passey Invoice M EDH854109 121 - 5th Ave N Edmonds WA 98020 Due: S 30.77