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Ordinance 33670006.900000 WSS /gjz 6/14/01 ORDINANCE NO. 3367 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER 18.70 RELATING TO STREET RIGHT -OF -WAY USE AND ENCROACHMENT PERMITS IN ORDER TO PROVIDE FOR THE ISSUANCE OF SUCH PERMITS FOR ARCHITECTURAL FEATURES WITHIN THE CENTRAL BUSINESS DISTRICT OR OTHER DISTRICT WHICH PERMIT ZERO LOT LINE DEVELOPMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has received the recommendation of its Planning Board and considered the testimony of its citizens at public hearing regarding the use of an encroachment permit to authorize the construction of bay windows, decks and other related architectural features within the public right -of -way, and WHEREAS, the City Council finds that the development of architectural features in the Central Business District and other areas of the City where zero lot line development is permitted by zoning district, may provide additional architectural detail and modulation which would enhance the charm of the Central Business District and the livability in the City so long as such features are consistent with the public's use of the public right -of -way, and where appropriate, adequate compensation has been provided for the use of the public right -of -way, and WHEREAS, any private use of the public right -of -way is at will, subject to revocation and confers no permanent benefit on any party; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: {WSS482223.DOC;2/00006.900000/} - 1 - Section 1. The Edmonds Community Development Code Chapter 18.70 Street Right -of -Way Use and Encroachment Permits is hereby repealed and reenacted to read as follows: Chapter 18.70 Street right -of -way use and encroachment permits. 18.70.000 Permits required. No person shall use or encroach upon any public place without a permit from the development services director and city engineer. A. To encroach means to construct, erect or maintain in, over or under any public place, right -of -way, roadway, parking strip and/or sidewalk, including the airspace above them, any sign, building extension, staging, scaffold, marquee, clock, retaining wall or any other building or structure, or to occupy a public right -of -way during construction activities for equipment or storage. B. To use means to place or maintain in, over or under any public place, right -of -way, roadway, parking strip and/or sidewalk, including the air space above them, lawn furniture or any other temporary or movable object. Neither of the above definitions shall be interpreted to prohibit the parking of a properly licensed vehicle within the parking strip adjacent to their property line of sight, and street plantings. 18.70.010 Exemptions. This chapter shall not apply to: A. Any noncommercial use in areas zoned residential which does not involve a building or structure other than a fence. Fences shall be permitted in accordance with this chapter and the provisions of this code. This exemption use shall not be construed to grant any vested right of use or to permit the continuation of such use and such uses are hereby deemed and declared to be permissive and shall be promptly removed upon the order of the city of Edmonds. B. Street maintenance work performed by the city, street or sewer installation or improvement work authorized by permit or ordinance, street improvement projects or utility work covered by a blanket permit pursuant to the order of the city engineer. {WSS482223.DOC;2/00006.900000/} - 2 - 18.70.020 Applications. Applications for street /right -of -way use or street encroachment permits shall contain, in addition to the information required under any other applicable city code, the following information: A. Use or Encroachment. A description of the use or encroachment to be made of or within the public place or right -of -way to be used or encroached upon. B. A legal description, drawing, or other appropriate designation of the public place or right -of -way to be used or encroached upon. C. Ownership. Evidence showing the applicant to be the agent record owner of the property immediately adjoining the public place or right -of -way. D. Such other information as the city engineer or designee of the development services director shall designate. E. The city engineer may require that the application attach an encroachment agreement in a form established by the city, if, in the city engineer's discretion, he /she deems it reasonably necessary due to the size, duration and/or nature of the encroachment. The encroachment agreement shall require prompt removal of the encroachment by the applicant at his/her /its expense upon reasonable demand by the city engineer and legally adequate for recording in the land records of Snohomish County and the chain of title of the applicant's property. Such encroachment agreements may be executed as acknowledged on behalf of the city by the city engineer and recorded by the city clerk following approval as to form by the city attorney. 18.70.030 Review. A. Architectural Design Board. Any application for a permit to construct, erect or maintain an awning, marquee, sign or any structure in a public place shall be referred by the development services director or his/her designee to the architectural design board. The board shall review the plans and specifications as they relate to Chapter 20.10 ECDC. Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12.055 by the architectural design board. B. Issuance by Development Services Director and City Engineer. The development services director, city engineer or their respective {WSS482223.DOC;2/00006.900000/} - 3 - designee, may administratively, without hearing, approve a street /right -of -way use or encroachment permit if. 1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to the following requirements: a. No portion of the public right -of -way designed and intended for vehicular traffic or parking shall be occupied, permanently or temporarily; b. Requirements of the State Building Code, including but not limited to all provisions relating to handicapped accessibility and barrier free design requirements shall be met; c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC; and d. Adequate compensation has been paid for use of the public right -of -way (see C below). 2. The architectural design board has reviewed and approved any proposal which includes a request to construct, erect or maintain an awning, building, sign or any building or structure; 3. The proposal will not unreasonably interfere with the rights of the public; and 4. The proposal is in the public interest, safety and convenience. C. Bay Windows, Decks, and Related Architectural Features In an effort to allow for more creative designs and a better overall appearance in the downtown area, bay windows, decks, and related architectural features may encroach into the public right -of -way within the Central Business District or any other zone in which no setback from the lot line is required, subject to the following requirements: 1. All conditions and requirements set forth in this chapter have been met and adequate compensation has been paid; 2. The encroachment shall not occur over alleys; 3. The building encroachment shall not project more than two feet (24 inches) into the right -of -way. 4. The encroachment shall not exceed 30% of the length of the fagade on any one side of the building. {WSS482223.DOC;2/00006.900000/1 - 4 - 5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian right -of -way and a minimum clearance height of eleven feet over any vehicular right - of -way, whichever is greater. 6. The encroachment shall be approved by the Architectural Design Board as contributing to a modulated facade design which enhances the variation and appearance to the public of the overall building design and public streetscape. D. Appeal. The decision of the development services director and city engineer, or their respective designees, may be appealed to the hearing examiner under ECDC 20.105.030, PROVIDED, HOWEVER, that the establishment of compensation for use of the public right -of -way is a legislative decision of the City Council and is not subject to judicial review. E. Whenever in the discretion of the development services director and city engineer, or their respective designees, the issuance of the permit could negatively impact the public interest by imposing a risk of liability, the applicant may be required to provide a certificate of insurance naming the city as a primary named insured and providing that it shall be primary as to any other policy of insurance in any amount sufficient to insure the anticipated risk, or in the event that such policy cannot be obtained, a covenant to hold harmless and indemnify the city which will be recorded and run with the land in a form approved by the city attorney. F. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located upon or attached to the ground within the public right -of -way. 18.70.040 Revocation. A. Except as provided below, all permits approved under this chapter shall be temporary, shall vest no permanent right and shall be issued and may in any case be revoked at the sole discretion of the City upon 30 days' notice, or without notice, in the event any such use or occupation shall become dangerous; any structure or obstruction so permitted shall become insecure or unsafe, shall become a public nuisance; or shall not be constructed, maintained or used in accordance with the provisions of this chapter. The determination by the City Engineer that a structure is dangerous, insecure, unsafe, a nuisance or has not been constructed, used or maintained in accord with this chapter shall be conclusive. {WSS482223.DOC;2/00006.900000/) - 5 - B. Permits issued for architectural features pursuant to ECDC 18.70.030(c) shall be issued for an initial term of ten years. A permit for an architectural feature may be revoked at any time as provided in subsection A. above. If revoked before the end of the ten -year term, at the will of the City, the holder of the permit shall be reimbursed for any consideration provided for the permit. Reimbursement shall not be required if the permit is revoked due to its having become dangerous, a public nuisance, unsafe or is not constructed in accord with the terms of permit issuance. Permits for architectural features shall be automatically renewed, if not revoked by the City, for additional ten -year terms subject to such additional consideration as the City may require. C. If any such structure, obstruction, use or occupancy is not discontinued on notice to do so by the city engineer and within the time period designated, he may remove any structure or obstruction, or make such repairs upon the structure or obstruction as may be necessary to render the same secure and safe, at the expense of the permittee, or his successor, and such expense may be recorded as a lien and otherwise collected in the manner provided by law. 18.70.050 Fees. Application fees for street/right -of -way use or street encroachment permits are those established by the city council by resolution in its sole legislative discretion. Application fees for street use permits shall be paid to the city prior to issuance of any street use permit. Renewals of street use permit for the maintenance of any continuing use or structure in the public right -of -way shall be reviewed in accordance with rules established by the development services director. There shall be no judicial appeal from a determination of the compensation to be paid for the use of public right -of -way. Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally 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. APPROVED: .4't�4'44�� . M OR GlrAAKENSON {WSS482223.DOC;2/00006.900000/} - 6 - ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CI ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/15/2001 PASSED BY THE CITY COUNCIL: 06/19/2001 PUBLISHED: 06/24/2001 EFFECTIVE DATE: 06/29/2001 ORDINANCE NO. 3367 {WSS482M.D0C;2/00006.900000/} - 7 - SUMMARY OF ORDINANCE NO. 3367 of the City of Edmonds, Washington On the 19th day of June, 2001, the City Council of the City of Edmonds, passed Ordinance No. 3367. 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 PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER 18.70 RELATING TO STREET RIGHT -OF -WAY USE AND ENCROACHMENT PERMITS IN ORDER TO PROVIDE FOR THE ISSUANCE OF SUCH PERMITS FOR ARCHITECTURAL FEATURES WITHIN THE CENTRAL BUSINESS DISTRICT OR OTHER DISTRICT WHICH PERMIT ZERO LOT LINE DEVELOPMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of June, 2001. 19 . 4�4 .. CITY CLERK, SANDRA S. CHASE {WSS482223.DOC;2/00006.900000/} - 8 - STATE OF WASHINGTON, l COUNTY OF SNOHOMISH, )r SUMMARY OF ORDINAN E N . 3367 o theo the iryT�monds, Washington On the 19th day of June, 2001, the Ciry Council of the City of Edmonds, passed Ordinance No. 3367. 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 PROVISIONS OF THE EDMONDS COMMUN- ITY DEVELOPMENT CODE, CHAPTER 18.70 RELATING TO STREET RIGHT -OF -WAY USE AND ENCROACHMENT PER- MITS IN ORDER TO PROVIDE FOR THE ISSUANCE OF SUCH PERMITS FOR ARCHITEC- TURAL FEATURES WITHIN THE CENTRAL BUSINESS DIS- TRICT OR OTHER DISTRICT WHICH PERMIT ZERO LOT LINE DEVELOPMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of June, 2001. CITY CLERK, SANDRA S. CHASE Published: June 24, 2001. M Affidavit of Publication 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 ......... ............................... Summary of .... Ordinance N.o ... .3367 . ............................................. ............ City of Edmonds .................. ...... ............... ........ ............................... . ............... .................. ...................................................................... ............................... .. ............................... 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: June 24, 2001 ...................... ............. ................ ............. .. ......................................................... ......... ............................................................ ............................... ........................................ and that said newspaper was regularly distributed to its subscribers during all of said period. y� .......... -- te a:.... ...................... ............................ Principal Clerk Subscribed and sworn to before me this ......25th N9 - W �1' tin' (P PUBLIC :,Z: 20.01-. ......... ............. Vashington, U RECE!`V"ED JUN 7 2001 B-2-1 EDMONDS CITY CLERK