Ordinance 3866 Solar Energy Upgrades.pdfORDINANCE NO. 3866
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO PROVIDING EXCEPTIONS
TO HEIGHT LIMITATIONS FOR ROOF -MOUNTED SOLAR
INSTALLATIONS AND ENERGY UPGRADES TO HVAC
ROOF -TOP EQUIPMENT, AND PROVIDING APPROVAL
FOR INSTALLATIONS ON NON -CONFORMING
STRUCTURES AS TYPE 2 STAFF DECISIONS, AMENDING
EDMONDS COMMUNITY DEVELOPMENT CODE
SECTIONS 20.40.030 AND 17.40.020.
WHEREAS, on September 20, 2011, the City Council forwarded draft amendment
language to the Planning Board for consideration; and
WHEREAS, the Council draft provided an exception for roof -mounted solar installations
from building height limits, with the exception limited to an additional 36 inches in height; and
WHEREAS, this proposal is consistent with existing city policies in the Community
Sustainability Element, and could be beneficial in situations where buildings are at or near the
height limit; and
WHEREAS, the Planning Board concurred with the intent of the proposal, and also
recommended a similar provision to allow for energy efficient upgrades to HVAC equipment
installations that can't fit within the existing building envelope; and
WHEREAS, the Planning Board felt that to enable some notice to nearby residents, such
approvals should be Type 2 staff decisions with public notice, appealable to the Hearing
Examiner; and
WHEREAS, the City Council deliberated regarding the Planning Board's proposed
amendments on December 6, 2011 and directed the City Attorney to prepare an ordinance to
adopt these amendments; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
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Section 1. Solar and HVAC EnerL-v Unerade Amendment. Section 21.40.030 of the
Edmonds Community Development Code, entitled "Height," is hereby amended to read as
follows (new text is shown in underline; deleted text is shown as strike O,,.,,,..i.:
21.40.030 Height.
A. Height means the average vertical distance from the average level of the undisturbed soil of
the site covered by a structure to the highest point of the structure. (See subsection (D) of this
section for exceptions to this rule.)
B. "Average level" shall be determined by averaging elevations of the downward projections of
the four corners of the smallest rectangle which will enclose all of the building, excluding a
maximum of 30 inches of eaves. If a corner falls off the site, its elevation shall be the average
elevation of the two points projected downward where the two sides of the rectangle cross the
property line. (See subsection (D)(1) of this section for exceptions to this rule.)
C. Accessory buildings that are attached to the main building by a breezeway, hallway, or other
similar connection so that the accessory building is separated by 10 feet or less from the main
building shall be considered to be part of the main building for purposes of determining the
average level. For the purposes of this section, in order for an accessory building to be
considered to be attached to and a part of the main building, the connecting structure must have a
roof and be constructed of similar materials to both the main building and the accessory building
so that it appears to be a unified and consistently designed building.
D. Height Exceptions.
1. (Reserved);
2. Church steeples;
3. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height,
for that portion above the height limit;
4. Chimneys, not to exceed nine square feet in horizontal section or more than three feet in
height, for that portion above the height limit. In RM districts, chimneys shall be clustered. No
multiple -flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall
not exceed nine square feet in horizontal section, and other chimneys shall not exceed six square
feet in horizontal section;
5. Vent pipes not to exceed 18 inches in height above the height limit; and
6. Standpipes not to exceed 30 inches in height above the height limit.
7. Solar energy installations not to exceed 36 inches in height above the height limit. Such an
installation iny be approved as a Type 11 staff. decision if it is designed and located in such a
wav as to provide reasonable solar access while limiting visual impacts on surrounding
properties.
8. Replacementof existing rooftop HVAC equipment which exceeds the existing height limit. so
long as the replacement e ui Plent does not exceed the height of the existing ecigippient by more
than 12 inches. The replacement equipment must have earned the Energy Star label.
Se tine 2 Solar Omnndma,nt Section 17.40.020 of the
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Edmonds Community Development Code, entitled "Nonconforming building and/or structure,"
is hereby amended to read as follows (new text is shown in underline; deleted text is shown as
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
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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 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 existina height limits. A rooftob solar
energv installation mounted on a non -conforming buildnthat exceeds the existing height limit
may be qpproved as a Type II staff decision if:
a. The installation exceeds the existing roof heieht by not more than 36 inches.
b. "Flie installation is designed and located in such a way as to provide reasonable solar access
while limiting visual impacts_ on surrounding properties.
23. 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.
-34. 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.
45. 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.
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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. 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 19.00.015, et seq., within one year of the date
such damage occurred. This right of restoration shall not apply if. -
1.
f:
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.
G. Residential Buildings in Commercial Zones. Existing nonconforming buildings in commercial
zones in use solely for residential purposes, or structures attendant to such residential use, may
be remodeled or reconstructed without regard to the limitations of subsections (B), (E) and (F) of
this section, if, but only if, the following conditions are met:
1. The remodel or reconstruction takes place within the footprint of the original building or
structure. "Footprint" shall mean an area equal to the smallest rectangular area in a plane parallel
to the ground in which the existing building could be placed, exclusive of uncovered decks,
steps, porches, and similar features; and provided, that the new footprint of the building or
structure shall not be expanded by more than 10 percent and is found by the city staff to be
substantially similar to the original style and construction after complying with current codes.
2. 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,
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the full use under state law or city ordinance of a conforming neighboring lot or building would
be limited by such remodel or reconstruction.
3. These provisions shall apply only to the primary residential use on site and shall not apply to
nonconforming accessory buildings or structures.
4. 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 ADB rather than to the hearing examiner. The decision of the ADB shall be final
and appealable only as provided in ECDC 20.07.006.
H. 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.
I. 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).
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.
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Section 4. 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.
APPROVED:
MAYbR DA ID O. EARL➢1' G
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
B
............................ ......................
JEFF TARADAY
FILED WITH THE CITY CLERK: 12- 16-2,0 1.1.
PASSED BY THE CITY COUNCIL: 12-20-2011.
PUBLISHED: 12-25-2011
EFFECTIVE DATE: 12-3-201.1.
ORDINANCE NO. 3866
M
SUMMARY OF ORDINANCE NO. 3866
of the City of Edmonds, Washington
On the 20th day of December, 2011, the City Council of the City of
Edmonds, passed Ordinance No. 3866. A summary of the content of said ordinance,
consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO PROVIDING
EXCEPTIONS TO HEIGHT LIMITATIONS FOR ROOF -
MOUNTED SOLAR INSTALLATIONS AND ENERGY
UPGRADES TO HVAC ROOF -TOP EQUIPMENT, AND
PROVIDING APPROVAL FOR INSTALLATIONS ON
NON -CONFORMING STRUCTURES AS TYPE 2
STAFF DECISIONS, AMENDING EDMONDS
COMMUNITY DEVELOPMENT CODE SECTIONS
20.40.030 AND 17.40.020.
The full text of this Ordinance will be mailed upon request.
DATED this 21" day of December, 2011.
CITY CLERK, SANDRA S. CHASE
E
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
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
and that said was regularly (fiSlIriboted to its subscribers during all of said period.
Subscribed and sworn to before me this
day of Decembqv, 2011
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� 6—lary Public in and for the State
County,
Account Name: City of Edmonds Account Number: 101 616
Surmnary of Ordinance
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in supplement form, in the regular and entire edition of said paper on the following days and
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and that said was regularly (fiSlIriboted to its subscribers during all of said period.
Subscribed and sworn to before me this
day of Decembqv, 2011
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� 6—lary Public in and for the State
County,
Account Name: City of Edmonds Account Number: 101 616