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Ordinance 29550006.150.014B WSS /are /lfs 09/16/93 rev. 09/23/93 ORDINANCE NO. 2955 AN. ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 20.10 RELATING TO THE ARCHITECTURAL DESIGN BOARD TO ADD A NEW SECTION 20.10.090 LAPSE OF APPROVAL ESTABLISHING AN EXPIRATION DATE FOR ADB APPROVAL AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, approvals granted under the City's architectural design review process do not contain a specific expiration date, and WHEREAS, issues relating to the quality of the neighborhood, available building materials, aesthetic and other design requirements are subject to change, particularly given the City's obligations under the Growth Management Act to review and revise its Comprehensive Plan, and WHEREAS, the Edmonds City Council wishes to adopt a expiration for such architectural design approvals in conjunction with the process for extending in certain limited situations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Chapter 20.10 relating to the Architectural Design Board is hereby amended by the addition of a new Section 20.10.090 LAPSE OF APPROVAL to read as follows: 56560.1 -1- 20.10.090 LAPSE OF APPROVAL A. Time Limit. Unless the owner submits a fully completed building permit application necessary to bring about the approved alterations, or if no building permit application is required, substantially commences the use allowed within 18 months from the date of approval, Architectural Design. Board approval shall expire and be null and void, unless the owner files a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the Board's minutes or other method of conveying the final written decision of the Board as adopted are mailed to the applicant. In the event of appeal, the date of approval shall be the date on which a final decision is entered by the City Council or court of competent jurisdiction. B. Time Extension. 1. Application. The applicant may apply for a one time extension of up to one (1) year by submitting a letter, prior to the date that approval lapses, to the Planning Division along with any other supplemental documentation which the Planning Director may require, which demonstrates that he /she is making substantial progress relative to the conditions adopted by the Architectural Design Board and that circumstances are beyond his /her control preventing timely compliance. In the event of an appeal, the one (1) year extension shall date from the date a final decision is entered in favor of such extension. 56560.1 -2- 2. Fee. . The applicant shall include with the letter of request such fee as is established by ordinance. No application shall be complete unless accompanied by the required fee. 3. Review of Extension Application. An application for an extension shall be reviewed by the Planning Official as provided in Section 20.95.050 (staff decision - optional hearing). Section 2. 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 3. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: /' 0 • ATTEST /AUTHENTICATED: C TY CLERK, PJrONDA J. MARCH 56560.1 -3- APPROVED AS TO FORM: OFFICE 04' TZIT CIT*-'F. BY FILED WITH THE CITY CMRK: 10/1/93 PASSED BY THE CITY COUNCIL: 10/5/93 PUBLISHED: 10/10/93 EFFECTIVE DATE: 10/15/93 ORDINANCE NO. 2955 56560.1 -4- i SUMMARY OF ORDINANCE NO. 2955 of the City of Edmonds, Washington On the 5th day of October , 1993, the City Council of the City of Edmonds, passed Ordinance No. 2955 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDSI WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 20.10 RELATING TO THE ARCHITECTURAL DESIGN BOARD TO ADD A NEW SECTION 20.10.090 LAPSE OF APPROVAL ESTABLISHING AN EXPIRATION DATE FOR ADB APPROVAL AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 6th day of October , 1993. CITY CLERK, RHONDA J. MARCH Affidavit of Publication STATE OF WASHINGTON, sa COUNTY OF SNOH02YISH, :OVAL AND FIXING Cit.. of Edmonds ✓VHEN THE SAME City - •-•• COME EFFECTIVE. Ill text of this will be mailed upon the6th day. of .................................................................................•--...... .--.--..................--•--.- r93. e kJ. MARCH a printed copy of which is hereunto attached, was published in said October 10, 1993.. ; newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: oc. tuber .... 1II-r .... 1. 99. 3 .................................................... ............................... and that said..neW aper was regularly distributed to its subscribers during, "Of sal per'od. ...........( . ...... .... ... ......................... ...v`' .... - - -. . ......... ....... Principal Clerk Subscribed and sworn to before me this....... 11th........ d .....ber...... ...... ..................... . ..... ls....93 ......................... .............................. ............................... Ny ulic in and for t xe of Washington, S De 'shy d Y. ` q ��SS►01� F�, 'c i OTAgy�u' P 5.19 -94 r� 0 B -2 -1 The undersigned, being first duly sworn on oath deposes and says that she is Principal-Clerk of THE HERALD, a daily newspaper SUMMARY OF ORDINANCE NO. 2955 printed and published in the City of Everett, County of Snohomish, of the City of Edmonds, WashingtoA on the 5th day of. October, and State of Washington; that said newspaper is a newspaper of 1993, the City Council bf the City ord of Edmonds, passed OrdinanVVCe No. 2955. A general circulation in said County and State- that said newspaper � sold ordinanfce, the content of has been approved as a legal newspaper by order of the Superior follows: AN ORDINANCE OF THE CITY OF EDMONDS WASHINGTON Court of Snohomish County and that the notice ......... ............................... AMENDING .TAE .PROVISIONS OF CHAPTER 20.10 RELAT- TURAL DESIGN BOARD. o Summary of ordinance No. 2955 ADDA NEW SECTION .......................................... ............................... ............................................................. 20.10.090 LAPSE nF :OVAL AND FIXING Cit.. of Edmonds ✓VHEN THE SAME City - •-•• COME EFFECTIVE. Ill text of this will be mailed upon the6th day. of .................................................................................•--...... .--.--..................--•--.- r93. e kJ. MARCH a printed copy of which is hereunto attached, was published in said October 10, 1993.. ; newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: oc. tuber .... 1II-r .... 1. 99. 3 .................................................... ............................... and that said..neW aper was regularly distributed to its subscribers during, "Of sal per'od. ...........( . ...... .... ... ......................... ...v`' .... - - -. . ......... ....... Principal Clerk Subscribed and sworn to before me this....... 11th........ d .....ber...... ...... ..................... . ..... ls....93 ......................... .............................. ............................... Ny ulic in and for t xe of Washington, S De 'shy d Y. ` q ��SS►01� F�, 'c i OTAgy�u' P 5.19 -94 r� 0 B -2 -1