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Ordinance 4151ORDINANCE NO.4151 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO THE ABILITY TO REBUILD CERTAIN NONCONFORMING STRUCTURES 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 that the 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 state that City ordinances and programs should be evaluated to determine if they prevent rehabilitation of older buildings; and WHEREAS, the Washington 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 Edmonds City Development Code did not allow the same number of housing units to be rebuilt, causing undue hardship, particularly in cases where units in multi -family structures are each separately owned; and WHEREAS, pursuant to RCW 36.70A.390, the City adopted Ordinance 4149 on April 23, 2019 to address these issues on an interim basis; and WHEREAS, the Planning Board has since considered these issues further and has held a public hearing on May 22, 2019; and WHEREAS, after its public hearing, the Planning Board recommended that the City Council adopt the following amendments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 17.040.010 of the Edmonds Community Development Code, entitled "Nonconforming uses," is hereby amended to read as set forth on Attachment A hereto which is incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in strikethrough). Section 2. Section 17.040.020 of the Edmonds Community Development Code, entitled "Nonconforming building and/or structure," is hereby amended to read as set forth on Attachment A hereto which is incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in strikethrough). Section 3. A new Section 19.00.045 of the Edmonds Community Development Code, entitled "Reconstruction of damaged buildings," is hereby adopted to read as set forth on Attachment A hereto which is incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in strikethrough). Section 4. Repealer of Interim Ordinance. Ordinance 4149 is hereby repealed. Section 5. 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 G. 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. ATTEST/AUTHENTICATED: C CLE , SCOTT P SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY APPROVED: MAYOR DAV 2 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: May 31, 2019 June 4, 2019 June 7, 2019 June 12, 2019 4151 SUMMARY OF ORDINANCE NO.4151 of the City of Edmonds, Washington On the 4t' day of June, 2019, the City Council of the City of Edmonds, passed Ordinance No. 4151. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO THE ABILITY TO REBUILD CERTAIN NONCONFORMING STRUCTURES The full text of this Ordinance will be mailed upon request. DATED this 51" day of June, 2019. 0 Edmonds Page 1/4 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 the ordinance codified in this chapter 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 17.40.050. 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 75 percent of its replacement cost, the use may be reestablished if, but only if, an application for a building permit which vests as provided in ECDC ' 9.^�t519.00.025(G), 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 subsection (C)(2) of this section 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 subsection (C)(3)(a) or (b) of this section apply, the nonconforming use shall be abated if damage exceeds 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. [Ord. 3696 § 1, 2008]. 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 altered in any manner which increases the degree of nonconformity of the building except as expressly provided in subsections (C) through (I) of this section. 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, or 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 The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019. Edmonds Page 2/4 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. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar energy installation mounted on a nonconforming building that exceeds the existing height limit may be approved as a Type II staff decision if: a. The installation exceeds the existing roof height by not more than 36 inches. b. The installation is designed and located in such a way as to provide reasonable solar access while limiting visual impacts on surrounding properties. 3. 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. 4. In an effort to provide modular relief, minor architectural improvements in commercial and multifamily zones may encroach into the nonconforming setback adjacent to an access easement or public right-of-way not more than 30 inches. Minor architectural improvements may also be permitted in nonconforming side or rear yard setbacks only if they intrude not more than 30 inches nor 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 architectural design review. Nothing herein shall be interpreted to exempt such improvements in compliance with the State Building and Fire Codes. 5. Alterations required by law or the order of a public agency in order to meet health and safety regulations shall be permitted. 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 standards of the city applicable to the building or structure. F. Restoration. 1. 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. 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 ' 9.^�1519.00.025(G) et seq. within one-yeaf18 months of the date such damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. This right of rester-a4ion shall not ply ;f-. 1. The building or straetwe was damaged or destroyed due to the unlawful act of the owner or the owner's o The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019. Edmonds Page 3/4 2. 455-Residential Buildings i C^m ner-ci ' Zones. Existing nonconforming buildings in commercial zones in use solely for residential purposes, or structures attendant to such residential use, may ber-emadeled or - reconstructed without regard to the limitations of subsections4$} (E) and (F) of this section, if, but only if, the following conditions are met: Via. If a nonconforming multifamily residential building or a mixed use building containing multiple residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction, the building may be restored to the same density, height, setbacks or coverage as existing before the destruction or damage occurred if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred. The director mU grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. The-efflade er mean an afea equal to the smallest r-eetangular- afea in a plane pafailel to the ground in whiek the a -ad provided, tLm the new featpr-k4 of the building or- sti%etufe shall not be expanded by fner-e than 10 per-eefft and is fe�d by the eity staff to be substantially similaf to the eriginal style and eans4fuetion fib. All provisions of the State Building and Electrical Codes 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. Vic. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. 4A. 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 as a Type II staff decision, except that any appeal of the staff decision shall be to the Architectural Design Board tADB) rather than to the hearing examiner. The decision of the ADB shall be final and appealable only as provided in ECDC 20.07.006. 3. The right of restoration 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; b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or owner's agents; or &c. The building was demolished for the purpose of redevelopment 4G. 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. -1-.H. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BD5 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). kI. The antenna and related equipment of a nonconforming wireless communication facility may be completely replaced with a new antenna and related equipment; provided, that, upon replacement, the applicant shall use the The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019. Edmonds Page 4/4 best available methods and materials to enhance the appearance of the antenna and related equipment and/or screen it from view in a manner that improves the visual impact or the conspicuity of the nonconformity. [Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 20081. NEW 19.00.045 19.00.045 Reconstruction of damaged buildings. For any structure that is destroyed, damaged or demolished in an amount equal to 75 percent or more of its replacement cost of the time of destruction, the reconstruction shall be considered to be under the category of "New" construction. 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. The "New" construction will be subject to all applicable requirements of the Edmonds Community Development Code for a new building, including but not limited to zoning, utilities and site -related features; provided that Chapter 17.40 ECDC also applies to certain requirements for nonconforming buildings and uses. The Edmonds City Code and Community Development Code are current through Ordinance 4146, passed March 19, 2019. 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 EDH860195 ORDINANCE NO. 4151 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 06/07/2019 and ending on 06/07/2019 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such public ion is $25,3�._ Subscribed and sworn before me on this � - day of Notary Public in and for the State of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTT PASSEY Classified Proof SUMMARY of ORDINANCE NO. 4151 of Ine City of Fdmpnds, 11whi 1plon On the dlh day a} June. 2019, the City CCuncN of the Clly at EdntontlS. pas sea OrWnRnce No. A 141 A summary of Me eorile0 o1 sald ordbe rice, conalsyng of Me IIIk, rwl005 ei WIOW$: AN ORDINANCE OF THE CFI OF EDMONDS. WASHINGTONI ADOPTING AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO THE Af it.fTY TO REBUILD CERTAIN NONCONFORMING STRVMRES The fuo Iext of this Ordinance will be rnsaea uparl request DATED M 5th day of June, 2019, CITY CLERK, SCOTT PASSEY Published: June 7, 2019. EDH960195 Proofed by Hartell, Leanna, 06/07/2019 08:43:55 am Page: 2