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Ordinance 3918 Downtown BD zones.pdfORDINANCE NO. 3918 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTERS 16.43 AND 22.43 ECDC RELATING TO THE DEVELOPMENT REGULATIONS AND DESIGN STANDARDS FOR THE DOWNTOWN BUSINESS (BD) ZONES. WHEREAS, in 2011 the Planning Board recommended that the City Council remove stepback requirements from the BD zones as part of its recommendations on a package of BD zoning amendments; and WHEREAS, the Council held a public hearing on July 26, 2011; and WHEREAS, on October 16, 2012, the City Council voted to ask the Planning Board to recommend design standards that could be put in place in the BD zones so that the stepback requirements could be removed; and WHEREAS, following a work session with members of the Architectural Design Board on January 9, 2013, the Planning Board held public hearings on this proposal on February 13 and February 27, 2013; and WHEREAS, the Planning Board recommended certain code revisions, which were forwarded to the City Council for consideration; and WHEREAS, the City Council held a public hearing on the proposed code revisions on April 2, 2013; and WHEREAS, after the public hearing, the City Council deliberated regarding the proposed amendments and voted to direct the City Attorney to prepare an ordinance that adopts the Planning Board's recommendations along with an additional amendment requiring that building facades echo historic patterns; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 Section 1. Chapter 16.43 of the Edmonds Community Development Code, entitled `BD — Downtown Business," is hereby amended to read as set forth in Attachment 1 (new text is shown in underline; deleted text is shown in stfike *'Tough) Section 2. Chapter 22.43 of the Edmonds Community Development Code, previously entitled "Design Standards for the BD 1 Zone," is hereby entitled "Design Standards for the BD Zones," and amended to read as set forth in Attachment 2 (new text is shown in underline; deleted text is shown in strike flffe g ). 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 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: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY (��> JEFF TARADAY FILED WITH THE CITY CLERK: 04-19-2013 PASSED BY THE CITY COUNCIL: 04-23-2013 PUBLISHED: 04-28-2013 EFFECTIVE DATE: 05-03-2013 ORDINANCE NO. 3918 2 SUMMARY OF ORDINANCE NO. 3918 of the City of Edmonds, Washington On the 23`d day of April, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3918. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTERS 16.43 AND 22.43 ECDC RELATING TO THE DEVELOPMENT REGULATIONS AND DESIGN STANDARDS FOR THE DOWNTOWN BUSINESS (BD) ZONES. The full text of this Ordinance will be mailed upon request. DATED this 24th day of April, 2013. CITY CLERK, SANDRA S. CHASE 4840-7251-8158, v. 1 Chapter 16.43 BD — DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.035 Design standards — BD4- zones. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity. C. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown's focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. D. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multifamily residential uses. [Ord. 3700 § 1, 2008]. 16.43.010 Subdistricts. The "downtown business" zone is subdivided into five distinct subdistricts, each intended to implement specific aspects of the comprehensive plan that pertain to the Downtown Waterfront Activity Center. Each subdistrict contains its own unique mix of uses and zoning regulations, as described in this chapter. The five subdistricts are: BD — Downtown Retail Core; BD2 — Downtown Mixed Commercial; BD3 — Downtown Convenience Commercial; BD4 — Downtown Mixed Residential; BD5 — Downtown Arts Corridor. [Ord. 3700 § 1, 2008]. 1IPage 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD2 B1)3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A Offices A A A A A Service uses A A A A A Retail sales requiring intensive outdoor display or storage X X X X X areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services Enclosed fabrication or assembly areas associated with and A A A A A on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on-site retail outlet open to the public Automobile sales and service X A A X X Dry cleaning and laundry plants which use only C A A A X nonflammable and nonexplosive cleaning agents Printing, publishing and binding establishments C A A A C Community -oriented open air markets conducted as an A A A A A outdoor operation and licensed pursuant to provisions in the Edmonds City Code Residential Uses Single-family dwelling A A A A A Multiple dwelling unit(s) A A A A A Other Uses Bus stop shelters A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A Primary and high schools, subject to the requirements of A A A A A ECDC 17.100.050(G) through (R) Local public facilities, subject to the requirements of ECDC C C C A C 17.100.050 Neighborhood parks, natural open spaces, and community A A A A A parks with an adopted master plan subject to the requirements of ECDC 17.100.070 2 1 P a g e Permitted Uses BD1 BD2 BD3 BD4 BD5 Off-street parking and loading areas to serve a permitted use B B B B B Commuter parking lots in conjunction with a facility B B B B X otherwise permitted in this zone Commercial parking lots C C C C X Wholesale uses X X C X X Hotels and motels A A A A A Amusement establishments C C C C C Auction businesses, excluding vehicle or livestock auctions C C C C C Drive-in businesses C C A C X Laboratories X C C C X Fabrication of light industrial products not otherwise listed as X X C X X a permitted use Day-care centers C C C A C Hospitals, health clinics, convalescent homes, rest homes, X C C A X sanitariums Museums and art galleries of primarily local concern that do A A A A A not meet the criteria for regional public facilities as defined in ECDC 21.85.033 Zoos and aquariums of primarily local concern that do not C C C C A meet the criteria for regional public facilities as defined in ECDC 21.85.033 Counseling centers and residential treatment facilities for X C C A X current alcoholics and drug abusers Regional parks and community parks without a master plan C C C C C subject to the requirements of ECDC 17.100.070 Outdoor storage, incidental to a permitted use D D D D D Aircraft landings as regulated by Chapter 4.80 ECC D D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it 3 1 P a g e shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. [Ord. 3700 § 1, 2008]. 16.43.030 Site development standards. A. Table 16.43-2. ' The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. 2 Specific provisions regarding building heights are contained in ECDC 16.43.030(C). 3 Within the 13134 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 45 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g., an entirely residential building is proposed), then the building setbacks listed for the RM -1.5 zone shall apply. See ECDC 16.43.030(B)(8) for further details. 4 "Minimum height of ground floor within the designated street -front' means the vertical distance from top to top of the successive finished floor surfaces for that portion of the ground floor located within the designated street front (see ECDC 16.43.030(B)); and, if the ground floor is the only floor above street grade, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. "Floor finish" is the exposed floor surface, including coverings applied over a finished floor, and includes, but is not limited to, wood, vinyl flooring, wall-to-wall carpet, and concrete, as illustrated in Figure 16.43-1. Figure 16.43-1 shows an example of a ground floor height of 15 feet; note that the "finished" ceiling height is only approximately 11 feet in this example. 5 Site development standards for single-family dwellings are the same as those specified for the RS -6 zone. Minimum Height of Ground Floor Minimum Minimum Minimum within the Sub Minimum Lot Minimum Street Side Rear Maximum Designated District Area Lot Width Setback Setback' Setback' Height2 Street Fronto BD 1' 0 0 0 0 0 2-5-'30' 15' BD25 0 0 0 0 0 23=30' ........... 12' BD35 0 0 0 0 0 25=30' 12' BD43,5 0 0 0 0 0 23=30' 12' BD55 0 0 0 0 0 25' 12' ' The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. 2 Specific provisions regarding building heights are contained in ECDC 16.43.030(C). 3 Within the 13134 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 45 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g., an entirely residential building is proposed), then the building setbacks listed for the RM -1.5 zone shall apply. See ECDC 16.43.030(B)(8) for further details. 4 "Minimum height of ground floor within the designated street -front' means the vertical distance from top to top of the successive finished floor surfaces for that portion of the ground floor located within the designated street front (see ECDC 16.43.030(B)); and, if the ground floor is the only floor above street grade, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. "Floor finish" is the exposed floor surface, including coverings applied over a finished floor, and includes, but is not limited to, wood, vinyl flooring, wall-to-wall carpet, and concrete, as illustrated in Figure 16.43-1. Figure 16.43-1 shows an example of a ground floor height of 15 feet; note that the "finished" ceiling height is only approximately 11 feet in this example. 5 Site development standards for single-family dwellings are the same as those specified for the RS -6 zone. 1 13LL � E lMM IWMI uj .... MAME ST �,...,LT 1 l4L DER ST � 1 .ODER ST " 1 1 f �( ...... E9�6 , A _..,. 8D �y..y W..y� r,. WA VIII I tl�� 1 13LL � E Map 16.43-1: Designated Street Front for BD Zones 51Page uj .... MAME ST �,...,LT 1 l4L DER ST � 1 f �( ...... E9�6 s pp . wP A Map 16.43-1: Designated Street Front for BD Zones 51Page 5 ft. Figure 16.43-1: Ground Floor Height Measurement B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. For all BD zones, the ground floor is considered to be that floor of a building which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the designated street front of the building (this is normally the adjacent sidewalk). For the purposes of this section, the ground "floor" is considered to be the sum of the floor planes which, in combination, run the full extent of the building and are closest in elevation to one another. For the purposes of this chapter, the definition of "ground floor" contained in ECDC 21.35.017 does not apply. 2. Designated Street Front. Map 16.43-1 shows the streets that define the designated street front for all properties lying within the BD zones. The designated street front is defined as the 45 feet measured perpendicular to the street front of the building lot fronting on each of the mapped streets. 6 1 P a g e 3. Minimum Height of the Ground Floor within the Designated Street Front. The minimum height of the ground floor specified in Table 16.43-2 only applies to the height of the ground floor located within the designated street front established in subsection (13)(2) of this section. 4. Access to Commercial Uses within the Designated Street Front. When a commercial use is located on the ground floor within a designated street front as defined in subsection (13)(2) of this section, the elevation of the ground floor and associated entry shall be within seven inches of the grade level of the adjoining sidewalk. "Grade" shall be as measured at the entry location. Portions of the ground floor outside the designated street front of the building need not comply with the access requirements specified in this section. 5. When the designated street front of a building is on a slope which does not allow both the elevation of the entry and ground floor within the designated street front to be entirely within seven inches of the grade level of the sidewalk, as specified in subsection (13)(4) of this section, the portion of the ground floor of the building located within the designated street front may be designed so that either: a. The entry is located within seven inches of the grade of the adjacent sidewalk, and the commercial portion of the ground floor located within the designated street front is within seven inches of the grade level of the entry; or b. The building may be broken up into multiple frontages, so that each entry/ground floor combination is within seven inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of determining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the BD5 zone, the primary entry shall always be on 4th Avenue. 6. Within the BD 1 zone, development on the ground floor shall consist of only commercial uses, except that parking may be located on the ground floor so long as it is not located within the designated street front. 7. Within the 13132 and BD3 zones, development on the ground floor shall consist of only commercial uses within the designated street front. Any permitted use may be located on the ground floor outside of the designated street front. 8. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and BD3 zones in subsection (B)(7) of this section. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in subsection (13)(7) of this section, then the building setbacks listed for the RM -1.5 zone shall apply. In the case where RM -1.5 setbacks are required, the required street setback shall be landscaped and no fence or wall in the setback shall be over four feet in height above sidewalk grade unless it is at least 50 percent open, such as in a lattice pattern. 9. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in subsection (13)(7) of this section. When development of the ground floor does not conform to these requirements, then development within the 13135 zone shall meet the following requirements: 7 1 P a g e Figure 16.43-2: BD5 Development Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. a. The building shall be oriented to 4th Avenue. "Orientation to 4th Avenue" shall mean that: i. At least one building entry shall face 4th Avenue. ii. If the building is located adjacent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e., ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on-site. i. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable building occupants to use portion(s) of their space for a commercial or art/fabrication use. "Live/work space" means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household. The live/work space shall be designed so that a commercial or fabrication or home occupation use can be established within the space. 10. Exceptions and Clarifications. The regulations for the ground floor contained in subsections (13)(1) through (9) of this section apply with the following exceptions or clarifi- cations: a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single- family use is the only permitted primary use located on the property. c. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height, so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25 percent. Permitted uses may occupy an existing space regardless of whether that space meets the ground floor requirements for height. 8 1 P a g e d. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement within the designated street front (e.g., when the first 45 feet of a building are within a designated street front in the BD 1 zone, parking may not be located within that 45 feet). e. For properties within the BD2 or BD3 zone which have less than 90 feet of depth measured from the street front, parking may be located in the rearmost 45 feet of the property, even if a portion of the parking extends into the first 45 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. f. Within the BD2, BD3 and BD4 zones, if the first 45 feet of the building as measured perpendicular to the street consist only of commercial uses and permitted secondary uses, then permitted multiple -family residential unit(s) may be located behind the commercial uses. g. Recodified as ECDC 22.43.050(B)(4). h. Within the BD1 zone, each commercial space located on the ground floor within the designated street front shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. 1. The basic height limit for each BD zone is e scr ed .. Table 16.43-2 -2 . f et. (see definition of "height" detailed in ECDC 21.40.030). , .r . � $111'�w°u���P�w���l��g-N�-��=�• ����'��ig bui4diiig w h4-,-iu+H ced .. ``,-�:_.�ae�ti��imc��4f--�.��-�-&��..�-e�e�l-t��t�e�--��•f�l�19�� NN, ibili tl��lww �9et 9 + Pitti,- 4 ba 04, tli�--1C+X4*1 line-4� all : a w of- lie k v -1 - ., a ,. j a =CD ) or --lot ha ient- 1 ; 111 (i a 4eet--4 R able -4 -t s u Y4)(-- t lutea i u .ars-t4aet- a,� 4..4tp-bari4 4��1 • =tl-���4�po��t-�...-eal� ,.. • : qtr-��-��r��,e-�4r°�d��r��rnr�t4°a_4�a r4efd=t+A)e-A ba kr-42 mI , .W 1� Wet 4h+ m- 54�)(* 9 1 P a g e Figure 16.43-3: Uphill Example 15'-0" .. 15'-0" - Required building step -backs 32'-6" 30.0- 25-0" ' 5"..0" 0" StreetlROW 120'-0" Dept o/'Properh Average Level for height c:alculatio — • — - — Original Grade . . .... 30' Height Limit from "`aver a level" Allowed building heigh nvelope No required building step -back at street, since height limit of 30' above average Figure 16.43-4: Downhill Example level is lower than 25' above street 15'-0" w • 15'-0" ww.. Recgk " d building step -back 25'4' 30"'-0" 3T-6" 25'-0" Street/ROW 15,-O.0 — _ r°.6. 120'-0" Depth of f'ropergr -" • Average Level for height calculation • _ • — Original Grade ........ ,. „.. 30' Height Limit from "average level" Allowed building height envelope of te-&Xrou:t4-1 ttt watts' t nd-4; . 24, 4144.;0, 10 P a g c 2. Within the BD5 zone, the maximum height may be increased to 30 feet if the building meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof is at least six -by -12 and the roof includes architectural features, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. b. If the building does not make use of a pitched roof system as described in subsection (C)(3)(a) of this section, s�la1 s1llw�'�u�mea1 011,, ` 11 a lm ldin& t �c r l.l._ .1:c rw lei i l �a 15 f l im"ally street front. Within the 15 - ®qt step -back. theaxi u building height is the lesser of 25w feet above grade at the pro erg µline ..(no ally the back of the ..sidewglk)mm ®r 30 feet above the avers e level as a%clioled in ECDC 21,40.030, For corner lots, a15 wlommom[ steback is required along both street fronts. If a buildin located pan a comer lot has insufficient lot width i.e. less than mm40mmfeet of lot width) to enable it to 1j1q'vkJe Itie reqt6red deli -beck onbothstreet lrow tlicrt theWWWWWstep.- gqk,M4y be waived facing the seconder street, 3. Height Exceptions. In addition to the height exceptions listed in ECDC 21.40.030, the following architectural features are allowed to extend above the height limits specified in this chapter: a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of five feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or facade of the building. The decorative architectural element shall not cover more than five percent of the roof area of the building. b. Roof or deck railings may extend a maximum of 42 inches above the specified height limit within any building step -back required under subsection (C)(2)(121 of this section; provided, that the railing is constructed so that it has the appearance of being transparent. An example meeting this condition would be a railing that is comprised of glass panels. D. Off -Street Parking and Access Requirements. The parking regulations included here apply specifically within the BD zone. Whenever there are conflicts between the requirements of this chapter and the provisions contained in Chapter 17.50 ECDC, Off -Street Parking Regulations, the provisions of this chapter shall apply. 1. Within the BD zone, no new curb cuts are permitted along 5th Avenue or Main Street. 2. No parking is required for any commercial floor area of permitted uses located within the BD I, BD2, BD4, and BD5 zones. 3. No parking is required for any floor area in any building with a total building footprint of less than 4,800 square feet. E. Open Space Requirements. 1. For buildings on lots larger than 12,000 square feet or having an overall building width of more than 120 feet (as measured parallel to the street lot line), at least five percent of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10 percent. Open space shall be provided adjacent to the street front (street lot line). Such open space may be provided as any combination of: a. Outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); 111 Page Figtr,-e 16.43-5: Building Size, Width and Open Space Example: • Building is lots, each feet. • Building wi 120 feet. • Open spac required dL building wii due to lot a • Open spac provided e: the 5% of I requiremer ------- Lo Bu 30'-0"--� b. Public plaza or sidewalk that is accessible to the public; c. Landscaping which includes a seating area that is accessible to the public. 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75 percent of the depth of the open space, measured relative to the street (i.e., width is measured parallel to the street lot line, while depth is measured perpendicular to the street lot line). F. Historic Buildings. The exceptions contained in this section apply only to buildings listed on the Edmonds register of historic buildings. 1. If a certificate of appropriateness is issued by the Edmonds historic preservation commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be processed as a Type 11 development project permit application (see Chapter 20.01 ECDC). a. Building step -backs required under subsection (C)(2)(b,) of this section. b. Open space required under subsection (E) of this section. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds register of historic buildings. Note that additional parking exceptions involving building expansion, remodeling or restoration may also apply, as detailed in ECDC 17.50.070(C). 121Page 3. Within the BD5 zone, if a building listed on the Edmonds register of historic buildings is retained on-site, no off-street parking is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the city shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is maintained in its historic form and appearance so long as the additional building(s) obtaining the parking benefit exist on the property. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R -zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in residential use. I. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. J. Satellite Television Antennas. In accordance with the limitations established by the Federal Communications Commission, satellite television antennas greater than two meters in diameter shall be reviewed in accordance with the provisions of ECDC 16.20.050. [Ord. 3865 § 1, 2011; Ord. 3736 § 10, 2009; Ord. 3700 § 1, 2008]. 16.43.035 Design standards — BDI zones. Design standards for the BD4- zones are contained in Chapter 22.43 ECDC. [Ord. 3700 § 1, 2008]. 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3700 § 1, 2008]. 131Page Title 22 DESIGN STANDARDS Chapters: 22.43 Design Standards for the BD4- Zones...........,„.......................„,„....„„..„3 22.100 Firdale Village Site Design Standards.........,.„„.....................„.,,...„.,..„.8 Chapter 22.43 DESIGN STANDARDS FOR THE BD1- ZONES Sections: 22.43.000 Applicability. 22.43.010 Massing and articulation. 22.43.020 Orientation to street. 22.43.030 Ground level details. 22.43.040 Awnings/canopies and signage. 22.43.050 Transparency at street level. 22.43.060 Treating blank walls. 22.43.070 Building HVAC equipment. 22.43.000 Applicability. The design standards in this chapter apply to all development within the BD I, BD2, BD3, and BD4 downtown retail eer-e-zones, except for multifamily buildings in the BD4 zone. [Ord. 3697 § 2, 2008]. 22.43.010 Massing and articulation. A. Intent. To reduce the massiveness and bulk of large box -like buildings, and articulate the building form to a pedestrian scale. B. Standards. 1. Buildings shall convey a visually distinct base and top. A "base" can be emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line. Buildings should convey a distinct base and top. 3 1 P a g e The base can be emphasized by t+ -different materialL; . M base I BujidlEg fac,"Ides ShajI respect ajr,d echo historic patlerns. Where as single btffldfil, exceeds the historic bgildingwidflj-E,!i .erj ... iris Li chars in desiggi features (SLICII aS a, coijil')ination ofmateria ls, windows or decorative detai Us . stwoest I-MildiII& widths. 4 1 P a g e 22.43.020 Buildings shall be oriented to the street. Orientation to street. A. Intent. To reinforce pedestrian activity and orientation and enhance the liveliness of the street through building design. B. Standards. 1. Buildings frontag��Lshall bepEnrii_virilN� oriented to the adjacent street, rather than to a parking lot _qLjfflcy. 2. Entrances to buildings i ' P the 131)1, 13D2 and BD4 zones shall be visible from the street and accessible from the adjacent sidewalk. 3. Entrances shall be given a visually distinct architectural expression by one or more of the following elements: a. Higher bay(s); b. Recessed entry (recessed at least three feet); c. Forecourt and entrance plaza. Entrances shall be given visually distinct expression. 5 1 P a g e 22.43.030 Ground level details. A. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing pedestrian streets. B. Standards. 1. Ground -floor, street -facing facades of commercial and mixed-use buildings shall incorporate at least five of the following elements: a. Lighting or hanging baskets sup- ported by ornamental brackets; b. Medallions; c. Belt courses; d. Plinths for columns; e. Bulkhead for storefront window; f. Projecting sills; g. Tile work; h. Transom or clerestory windows; i. Planter box; j. An element not listed here, as approved, that meets the intent. 2. Ground floor commercial space is intended to be ac e'ssib�le and at grade with the sidewalk, as provided for in ECDC 16.43.030. Ground floor details encourage visual interest along the ground level of buildings facing pedestrian streets. 6 1 P a g e 22.43.040 Awnings/canopies and signage. A. Intent. 1. To integrate signage and weather protection with building design to enhance busi- ness visibility and the public streetscape. 2. To provide clear signage to identify each business or property, and to improve way - finding for visitors. 3. To protect the streetscape from becoming cluttered, and to minimize distraction from overuse of advertisement elements. B. Standards. 1. Structural canopies are encouraged along pedestrian street fronts. If a canopy is not provided, then an awning shall be provided which is attached to the building using a metal or other framework. 2. Awnings and canopies shall be open -sided to enhance visibility of business signage. Front valances are permitted. Signage is allowed on valances, but not on valance returns. 3. Marquee, box, or convex awning or canopy shapes are not permitted. 4. Retractable awnings are encouraged. 5. Awnings or canopies shall be located within the building elements that frame store- fronts, and should not conceal important architectural details. Awnings or canopies should be hung just below a clerestory or transom window, if it exists. 6. Awnings or canopies on a multiple -storefront building should be consistent in character, scale and position, but need not be identical. Open -sided nonstructural awning with front valance. Open -sided structural canopy. 71Page 7. Nonstructural awnings should be constructed using canvas or fire-resistant acrylic materials. Shiny, high-gloss materials are not appropriate; therefore, vinyl or plastic awning materials are not permitted. 8. Signage should be designed to integrate with the building and street front. Com- binations of sign types are encouraged, which result in a coordinated design while minimiz- ing the size of individual signs. 9. Blade or projecting signs which include decorative frames, brackets or other design elements I'r(.J tij jg _... . , iticlqcFing blad .µ.si ns) 011" 11'001 S( lare feet or less are permitted and are not c.,��g:nted when talc latirflgt �L ITIT Dunt of si na e pjw tL�ji ted for a bgsidiess iii 1. "DC�)O "his type of detail can be used to satisfy one of the required elements under ECDC 22.43.03(B). 10. Use graphics or symbols to reduce the need to have large expanses of lettering. 11. Instead of broadly lighting the face of the sign, signage should be indirectly lit, or backlit to only display lettering and symbols or graphic design. 12. Signage should be given special consideration when it is consistent with or con- tributes to the historic character of sites on the National Register, the Edmonds Register of Historic Places, or on a city council-approved historic survey. 13. Signage shall include decorative frames, brackets or other design elements. An - - .dard. Retractable and open -sided awnings allow signage to be visible. 8 1 P a g e Examples of projecting signs using decorative frames and design elements. Awning or canopy shapes: S tan dard [= • M arque e 9 1 P a g e 22.43.050 Transparency at street level. A. Intent. To provide visual connection between activities inside and outside the building. B. Standards. 1. The ground level facades of buildings that face a clesignated street I , rolit tostyeshall have transparent windows cov vi minimum of 75 percent the I)gilding- raca(le t1gitlie: s -between an average of two feet and 10 feet above grade. 2. To qualify as transparent, windows shall not be mirrored or darkly tinted glass, or prohibit visibility between the street and interior. 3. Where transparency is not—pi*+vi-det'1_1ead tts" o e�, the facade shall comply with the standards under ECDC 22.43.060. Ground level facades of buildings should have transparent windows between two to 10 feet above grade. Windows shall provide a visual connection between activities inside and outside the building, and therefore should not be mirrored or use darkly tinted glass. 4. Within the BDI zone, ground floor windows parallel to street lot lines shall be transparent and unobstructed by curtains, blinds, or other window coverings intended to obscure the interior from public view from the sidewalk.* [Ord. 3697 § 2, 2008]. 10 1 P a g e 22.43.060 Treating blank walls. A. Intent. To ensure that buildings do not display blank, unattractive walls to the abutting street. B. Standards. 1. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment (see standards under ECDC 22.43.050). At least four --five of the following elements shall be incorporated into any ground floor, street -facing facade: a. Masonry (except for flat, nondecorative concrete block); b. Concrete or masonry plinth at the base of the wall; c. Belt courses of a different texture and color; d. Projecting cornice; e. Decorative tile work; f. Medallions; g. Opaque or translucent glass; h. Artwork or wall graphics; i. Lighting fixtures; j. Green walls; ik. An architectural element not listed above, as approved, that meets the intent. lighting fixture medallion projecting comice masonry belt course metal canoov opaque glass recess plinth Blank walls shall be treated with architectural elements to provide visual interest. 111Page Buildings shall not display blank, unattractive walls to the abutting street. 121Page 22.43.070 Building HVAC equipment. A. Intent. To ensure that HVAC equipment, elevators, and other building utility features are designed to be a part of the overall building design and do not detract from the streetscape. B. Standards. 1. Rooftop HVAC equipment, elevators and other rooftop features shall be designed to fit in with the materials and colors of the overall building design. These features shall be located away from the building edges to avoid their being seen from the street below. If these features can be seen from the adjoining street, building design shall use screening, decoration, plantings (e.g., rooftop gardens), or other techniques to integrate these features with the design of the building. 2. When HVAC equipment is placed at ground level, it shall be integrated into build- ing design and/or use screening techniques to avoid both visual and noise impacts on adjoining properties. Rooftop equipment should be screened from view. 131Page STATE F WASHINGTON, NT' F' SN IS } S.S. yllt Rf� est M t: ttl lG et t t w+Cu ','l The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of l,aurut . squVire, urotta 1 tBur "at it �0t sturN stn�t, 13 t ahry a"'lriy 4Yrwwri% asN the t;uey of THE HEI7ALD, a daily newspaper printed and published in the City of Everett, County of ���� ktoa r9ray aia ttturpram lx plats +t rtuadaars-ttt tttt. y surnmuuaay rto aauaa°ut Snohomish, and State of Washington; that said newspaper is a newspaper of general V'311du6lru ail ra, nx rkw�� ra4 8dw al rr 3 6x a a wtal�a� r 11.1 urtn n9t t §` ttgt � 10 G4tts s, circulation in said County and State; that said newspaper has been approved as a legal AN yJdt�t4t tt 49. A6a�[spClVNsta Otbt�'ltl6 10 1Atrgwt p bt�t Ott ttyf, ty�atttCt4ttpt 6ttV6 mergthd� newspaper by order of the Superior Court of Snohomish County and that the notice t a"fug Vbr t Nt Vdt Bt a�4M^VAtONC EK�tt t �r�drrAi fisitt3{ ut a lel"A AttNq� � BuU touwrsa rut tdi wrihtirrd upon recStd®�• C�Yclirvaata;� yrsVU 24tlra day 0 PtP0, M3 CiTy SANDRA $. CHASE Summary of Ordinance No. 3918 _ ....,... ---- ... .... Pubfished: Atlp61128, 2013. 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: April 28, 2013 and that said newspaper was regularly distributed to its subscribers during all of said period. ....... . Subscribed and sworn to before me this 29th day of April, 2013 Notary Public in and for the State of Wa�slt'an on, a sidit6TY, I/R46 County. "1 Plt ,h p(JEl is 2 17' 201t'li Account Name: City of Edmonds Account Number. 101416 r,!Ii ^r 1^#fljpaabO 0001818606