Ordinance 3871 Outdoor Dining.pdfORDINANCE NO. 3871
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY'S OUTDOOR
DINING REGULATIONS; PERMITTING BUSINESSES TO
PROVIDE OUTDOOR DINING AS A PERMITTED
SECONDARY USE IN CERTAIN ZONES WITHOUT
OBTAINING A CONDITIONAL USE PERMIT IF CERTAIN
CRITERIA ARE MET; ESTABLISHING THE HOURS BY
WHICH OUTDOOR DINING IS PERMITTED FOR THOSE
BUSINESSES DIRECTLY ADJACENT TO RESIDENTIALLY
ZONED PROPERTIES; ADDING A DEFINITION OF
"OUTDOOR DINING AREA"; AMENDING EDMONDS
COMMUNITY DEVELOPMENT CODE CHAPTERS 17.75
AND 21.75; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, at the May 25, 2011 Planning Board meeting, staff brought it to the
Board's attention that several inquiries had recently been received by the Development Services
Department for the establishment and/or expansion of outdoor dining areas; and
WHEREAS, under the current outdoor dining regulations, outdoor dining is
permitted outright as a secondary use for an additional 10 percent of the interior seating or eight
seats, whichever is greater; and
WHEREAS, under the current outdoor dining regulations, a conditional use
permit, which carries with it an application fee of approximately $1,500.00, is required for
businesses that wish to provide outdoor dining in excess of the 10 percent or eight seats; and
WHEREAS, the Planning Board held a public hearing on this issue on July 13,
2011, which was continued to August 10, 2011; and
WHEREAS, after discussion, the Planning Board agreed on a few additional
revisions to the draft regulations and then voted to forward the proposed outdoor dining language
to the City Council with a recommendation that the council approve the amendments to the
outdoor dining regulations of ECDC 17.75 and add the definition of "outdoor dining area" to
ECDC 21.75; and
WHEREAS, the revised provisions of the outdoor dining ordinance would allow
outdoor dining as a permitted secondary use within the BN, BC, BP, BD, CW, CG, MU and
FVMU zones if the outdoor dining area complied with certain criteria, and if the dining area did
not comply, only then would a conditional use permit be required; and
WHEREAS, the originally proposed revisions of the outdoor dining ordinance
proposed that outdoor dining areas directly adjacent to residentially -zoned properties would be
closed between 10:00 pm and 7:00 am; and
WHEREAS, after a public hearing on January 23, 2012, the City Council directed
that an ordinance be prepared to adopt the revised outdoor dining regulations, amending the
proposed regulations by changing the allowable hours of operation, thereby mandating outdoor
dining areas directly adjacent to residentially -zoned properties to be closed between 9:00 pm and
8:00 am; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Amendment to Outdoor Dining Regulations. ECDC chapter 17.75,
entitled "Outdoor Dining" is hereby amended to read as set forth in Attachment A, which is
attached hereto and incorporated herein by this reference (new text is shown in underline; deleted
text is shown as strike -through).
Section 2. Adding "Outdoor Dinine Area" to Definitions. A new section
21.75.120, entitled "Outdoor dining area," is hereby added to chapter 21.75 ECDC to read as
follows:
21.75.120. Outdoor dininq area.
An outdoor dining area is a portion of a property utilized by a licensed
food or bevere e establishment for the seating of customers for their
consumption of food or beverages served by the establishment. An
outdoor dining area is not located within a completely enclosed building,
but is instead located outside the building, s-ucli as on an outdoor patio or
deck. The area may be open to the elements or may be covered by a
roof or awning or partially enclosed. A port,ion of a dining area within ars
enclosed building that is temporarily opened to the outdoors such as b
opening windows doors or walls is riot considered to be an outdoor
dining area. An outdoor dining area must be located on property outside
of the City right-of-way.
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. Effective Date. This ordinance, being an exercise of 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.
A'"F"I'E,ST/ALII'f]EN'I'ICATED:
zat'o� Im/ e
(ITY CLERK, SANDRA S. CHASE
AP'ROVED AS TO FORM:
OHICL
BY
CITY ATTORNEY, JEFF TARADAY
FILED WITH THE Cl"l'Y CLERK: 02-03-2011
PASSED BYTHE CITY COUNCIL 02-07-2011
PUBLISHED: 02-12-2011
EFFECTIVE DATE: 02-17-2011
ORDINANCE" NO, 3871
SUMMARY OF ORDINANCE NO. 3871
of the City of Edmonds, Washington
On the 7th day of February, 2012, the City Council of the City of Edmonds,
passed Ordinance No. 3871. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY'S OUTDOOR
DINING REGULATIONS; PERMITTING BUSINESSES TO
PROVIDE OUTDOOR DINING AS A PERMITTED
SECONDARY USE IN CERTAIN ZONES WITHOUT
OBTAINING A CONDITIONAL USE PERMIT IF CERTAIN
CRITERIA ARE MET; ESTABLISHING THE HOURS BY
WHICH OUTDOOR DINING IS PERMITTED FOR THOSE
BUSINESSES DIRECTLY ADJACENT TO RESIDENTIALLY
ZONED PROPERTIES; ADDING A DEFINITION OF
OUTDOOR DINING AREA; AMENDING EDMONDS
COMMUNITY DEVELOPMENT CODE CHAPTERS 17.75
AND 21.75; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of February, 2012.
z4Aic'_ '.6( ��
ITY CLERK, SANDRA S. CHASE
4822-3045-2750, v. 2
Chapter 17.75
OUTDOOR DINING
Sections:
17.75.010 Outdoor dining —Permitted secondary use.
17.75.020 Primary uses requiring a conditional use permit.
17.76.030 RedUGtion of outdoor seating by existing n9nG0nf0Fn;ing 6ea#Ftg.
17.75.0340 Outdoor dining buildings or structures.
17.75.010 Outdoor dining — Permitted secondary use.
A. Limited outdoor seating for outdoor dining is hereby allowed as a permitted secondary use in
the BN — neighborhood business zone, BC — community business zone, BP -planned business
zone, BD — downtown business zone, CW — commercial waterfront zone, apd CG — general
commercial zone, MU — medical use zone, and FVMU — firdale village mixed use zone. When
established as a Permitted seconds use the outdoor dinin area shall currently comply or be
proposed to comply with at least one of the following criteria:
1 The site is not d'irectl adiacent to an residentiafl -zoned ro ert ies
residentialgropert�y line(s) directly adjacent to
3 The dining area is screened from adjoining residential ro ert ie by, a building
and/or a 4 -foot wall, hedge, or solid fence.
(4) Seating shall be is limited to an additional 10 percent of the existing interior seating of
the establishment or e4N 12 seats, whichever is greater_
B. For sites directly adjacent to residentially -zoned property, the outdoor dining, area shall be
closed between the hours of 9:00 PM and 8:00 AM.
C. Areas utilized for outdoor dining shall compty with setback re uirements applicable,to the site.
D. Seating d shall be located outside of public rights-of-way. Seating within public rights-of-
way is reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030.
E. No additional parking stalls shall be required for outdoor dining usage. [Ord. 3628 § 3, 2007;
Ord. 3312 § 1, 2000].
17.75.020 Outdoor dining — Secondary t Fimar-y uses requiring a conditional use permit.
Outdoor dining not meeting the requirements of ECDC 17.75.010 shall be a primary secondary
use requiring a conditional use permit within the zones states in 17.75.010(A). OR the BN
r�siberhe- irnes rye„��rr�r-n�arrifywbesinees-z-cep-D--de«nte+n�w� business -ori+
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[ATTACHMENT A]
wh GheyeF is gFeate" This use shall be established and maintained only in accordance with the
terms of a conditional use permit approved by the hearing examiner as a Type III -A decision
under the procedural requirements contained in Chapter 20.06 ECDC. At a minimum, the
conditions considered for imposition by the hearing examiner may include a restriction on
operating hours, location of the outdoor seating, and/or buffering of the noise and visual impacts
related to the outdoor dining seating. All seating permitted pursuant to the conditional use permit
shall be located outside of public rights-of-way. If outdoor seating is approved under these
provisions, no additional parking stalls shall be required for the outdoor dining. [Ord. 3783 § 5,
2010; Ord. 3775 § 5, 2010; Ord. 3736 § 19, 2009; Ord. 3628 § 4, 2007; Ord. 3312 § 1, 2000].
-- -
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.- ---... - - ---
17.75.0340 Outdoor dining buildings or structures.
Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter
utilized in serving outdoor diners shall fully comply with all provisions of the State Building Code
and this community development code, including but not limited to arshitestUral design approval
review. [Ord. 3312 § 1, 2000].
4838-5790-8238, v. 1
[ATTACHMENT A]
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
"M "I'll"
The undersigned, being first duly sworn on oath deposes and says that she is Principal Cleric of
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THE HERALD, a daily newspaper printed and published in the City of'Everett, County of
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Snohomish, and State of Washington-, that said newspaper is a newspaper of general
AN OFKANIANCE OF YHE (,N ar, EDM(Xq1)S,
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circulation in said County and State- that said newspaper has been approved as a legal
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newspaper by order of the Superior Court of Snohomish County and that the notice
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Summary of Ordinance
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No. 3871
AN AND ESTAIIN SHINGAN E1::1::E(-,WTVE OAru,
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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:
February 12, 2012
and that said newspaper was regularly distributed to its subscribers during all of said period.
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Subscribed and sworn to before me this
day of 17pbr
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Account Name: City of Edmonds Account Number: 101416 Order Number: 0001767099