Ordinance 3932 Public Markets2 (2).pdfORDINANCE NO.3932
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AMENDMENTS TO ZONING
REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS
IN THE BC, BD AND CG ZONES.
WHEREAS, the City of Edmonds only allowed seasonal farmers markets to operate
during the period between May and September, inclusive; and
WHEREAS, there has been interest expressed in having a public market operating any
time of the year; and
WHEREAS, the city council adopted Ordinance 3921 to allow public markets to operate
in the BC, BD, and CG zones on an interim basis; and
WHEREAS, the planning board held a public workshop on the public market regulations
on May 22, 2013; and
WHEREAS, the planning board held a public hearing on the public market regulations on
June 12, 2013; and
WHEREAS, the planning board voted to recommend certain revisions of the interim
public market regulations to the city council for adoption on a permanent basis; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Repealer. Ordinance 3921 is hereby repealed.
Section 2. Definition of Public Market. A new section 21.80.103, entitled "Public
Market," is hereby added to the Edmonds Community Development Code to read as follows:
21.80.103 Public Market.
Public market shall mean an indoor and/or outdoor retail market open to the
public consisting of two or more independent vendors with each vendor operating
independently from other vendors and subleasing booths, stalls or tables for the
purpose of selling farm -grown or home-grown produce food, flowers, plants or
other similar perishable goods and/or new wares used goods or merchandise.
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Section 3. Repealer of Definition of Seasonal Farmers' Market. Section 21.90.009 of the
Edmonds Community Development Code, entitled "Seasonal farmers' market," which reads as
follows:
.. A..
MWETT
2-0
_01
is hereby repealed.
Section 4. Community Business Zone Use Amendments. Section 16.50.010 of the
Edmonds Community Development Code, entitled "Uses," is hereby amended to read as follows
(new text is shown in underline; deleted text is shown in striketlueiiR''):
16.50.010 Uses.
A. Permitted Primary Uses.
1. Single-family dwellings, as regulated in RS-6 zone;
2. Retail stores, offices and service uses, excluding intense uses, such as trailer
sales, used car lots (except as part of a new car sales and service dealer), and
heavy equipment sales and services;
3. New automobile sales and service;
4. Dry cleaning and laundry plants which use only nonflammable and
nonexplosive cleaning agents;
5. Printing, publishing and binding establishments;
6. Bus stop shelters;
7. Ge it , oriented ^reniPublic markets_ eendueted as apJetAdeer-eper-atioi.n.
an4-licensed pursuant to provisions in tliL-Edmonds City Code Chapter 4.90;
8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a
structure;
9. Churches, subject to the requirements of ECDC 17.100.020;
10. Primary and high schools subject to the requirements of ECDC 17.100.050(G)
through (R);
11. Local public facilities subject to the requirements of ECDC 17.100.050;
12. Neighborhood parks, natural open spaces, and community parks with an
adopted master plan subject to the requirements of ECDC 17.100.070-,
13. Seasena4 farmers markets.
B. Permitted Secondary Uses.
1. Limited assembly, repair or fabrication of goods incidental to a permitted or
conditional use;
2. Off-street parking and loading areas to serve a permitted or conditional use;
3. Commuter parking lots in conjunction with a facility meeting the criteria listed
under subsections (C)(11) through (14) of this section, except that the facility may
also be located along a designated transit route in addition to an arterial or
collector street.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Wholesale uses;
3. Hotels and motels;
4. Amusement establishments;
5. Auction businesses, excluding vehicle or livestock auctions;
6. Drive-in businesses;
7. Laboratories;
8. Fabrication of light industrial products;
9. Convenience stores;
10. Day-care centers;
11. Hospitals, convalescent homes, rest homes, sanitariums;
12. Museums, art galleries, zoos, and aquariums of primarily local concern that do
not meet the criteria for regional public facilities as defined in ECDC 21.85.033;
13. Counseling centers and residential treatment facilities for current alcoholics
and drug abusers;
14. Regional parks and community parks without a master plan subject to the
requirements of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Outdoor storage, incidental to a permitted or conditional use;
2. Aircraft landings as regulated by Chapter 4.80 ECC.
Section 5 Community Business Zone Operating Restriction Amendments. Section
16.50.030 of the Edmonds Community Development Code, entitled "Operating restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
str l reugh):
t
16.50.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except:
1. Public utilities and parks;
2. Off-street parking and loading areas, and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Seasonal f Fmers' Public markets, provided that when located next to a single -
Family residential zone the market shall be entirely within a completely enclosed
building;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65
ECDC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.
C. Interim Use Status — Public Markets:
1 Unless a public market is identified on a business license as a year-round market
within the City of Edmonds a premises licensed as a public market shall be considered a
temporary use As a temporary use the city council finds that any signs or structures used in
accordance with thepublic market do not require design review. When a location is utilized for a
business use in addition to apublic market the public market use shall not decrease the required
available parking for the other business use below the standards establislied by Chapter 17.50
F.0 DC:_
Section 6. Downtown Business Zone Use Amendments. Section 16.43.020 of the
Edmonds Community Development Code, entitled "Uses," is hereby amended to read as follows
(new text is shown in underline; deleted text is shown in stfiketlu ,,,g ):
16.43.020 Uses.
A _ Tahle 1 f _41-1
Permitted Uses
BD1
BD2
FBD3]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
4
Retail sales requiring intensive outdoor display or storage 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
X
X
X
X
X
Enclosed fabrication or assembly areas associated with and 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
A
A
A
A
A
Automobile sales and service
X
A
A
X
X
Dry cleaning and laundry plants which use only nonflammable and nonexplosive
cleaning agents
C
A
A
A
X
Printing, publishing and binding establishments
C
A
A
A
C
Community oriented o Public markets
licensed pursuant to provisions in the -Edmonds City Code Chapter 4.90.
A
A
A
A
A
Seasonal faFmers .,..vets A A A A A
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 ECDC 17.100.050(G)
through (R)
A
A
A
A
A
Local public facilities, subject to the requirements of ECDC 17.100.050
C
C
C
A
C
Neighborhood parks, natural open spaces, and community parks with an adopted
master plan subject to the requirements of ECDC 17.100.070
A
A
A
A
A
Off-street parking and loading areas to serve a permitted use
B
B
B
B
B
Commuter parking lots in conjunction with a facility otherwise permitted in this zone
B
B
B
B
X
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 a permitted use
X
X
C
X
X
Day-care centers
C
C
C
A
C
Hospitals, health clinics, convalescent homes, rest homes, sanitariums
X
C
C
A
X
Museums and art galleries of primarily local concern that do not meet the criteria for
regional public facilities as defined in ECDC 21.85.033
A
A
A
A
A
Zoos and aquariums of primarily local concern that do not meet the criteria for
regional public facilities as defined in ECDC 21.85.033
C
C
C
C
A
Counseling centers and residential treatment facilities for current alcoholics and drug
abusers
X
C
C
A
X
Regional parks and community parks without a master plan subject to the
requirements of ECDC 17.100.070
C
C
C
C
C
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 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
0
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.
Section 7 Downtown Business Zone Operating Restriction Amendments. Section
16.43.040 of the Edmonds Community Development Code, entitled "Operating restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
triketh , h):
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 f nner&'Public markets provided that when located next to a single-
family residential zone the market shall be entirely within a completely enclosed
building;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65
EC
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.
C. Interim Use Status - Public Markets:
1 Unless a public market is identified oii a business license as a year-round
market within the Cif of Edmonds apremises licensed as a public market shall
be considered a temporary use As a temporal use the city council finds that any
signs or structures used in accordance with the market do not require design
review. When a location is utilized for a business use in addition to a public
market the public market use shall not decrease the required available parking for
the other business use below the standards establislied by Chapter 17.50 ECDC.
7
Section 8. General Commercial Zone Use Amendments. Section 16.60.040.A of the
Edmonds Community Development Code, entitled "Operating restrictions," is hereby amended
to read as follows (new text is shown in underline, deleted text is shown in st-Fikefluetig ):
16.60.040 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except the following:
1. Public utilities;
2. Off-street parking and loading areas;
3. Drive-in business;
4. Secondary uses permitted under ECDC 16.60.010(B);
Limited outdoor display of merchandise meeting the criteria of Chapter 17.65
ECDC;
6. ity e need re._ "__Public markets seasonal f ____-__ markets
provided that wlien located next to a single-family residential -none, the market
shall be entirely within a completely enclosed building;
7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC;
8. Motorized and nonmotorized mobile vending units meeting the criteria of
Chapter 4.12 ECC. [Ord. 3902 § 5, 2012; Ord. 3635 § 1, 2007].
B. Interim Use Status - Public Markets:
1 Unless a Public market is identified on a business license as a year-round
market within the City of Edmonds apremises licensed as a public market shall
be considered a temporary use As a teniporary activity the city council finds that
any signs or structures used in accordance with the market do not require design
review. When a location is utilized for a bllSilless use in addition to a public
market the public market use shall not decrease the required available parking for
the other business use below the standards established by Chapter 17.50 ECDC.
:,
Section 9. 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 10. 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.
APP ED:
QrerCo
MA OR DAVID O. EARLING
ATTEST/AUTHENTICATED :
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: 07-12-2013
PASSED BY THE CITY COUNCIL: 07-16-2013
PUBLISHED: 07-21-2013
EFFECTIVE DATE: 07-26-2013
ORDINANCE NO. 3932
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SUMMARY OF ORDINANCE NO.3932
of the City of Edmonds, Washington
On the 16th day of July, 2013, the City Council of the City of Edmonds, passed
Ordinance No. 3932. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AMENDMENTS TO
ZONING REGULATIONS THAT WOULD ALLOW
PUBLIC MARKETS IN THE BC, BD AND CG ZONES.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of July, 2013.
4852-4054-9897, v. 1
10
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE N0.3S32
of the City d Edmonds. Washingtoa
On the 161h day d July. 913, the City Counal of the City d,
Edmonds, passed Otdinenee No._ A summdry of the content.
of said ordinance: cony d the lf{1e. provldeS ea fellows
AN ORDINANCE OF THE Cf1Y OF EDMONDS
WASHINGTON. ADOPTING AMENDMENTS TO ZONING
REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS
IN THE BC, BD AND CG ZONES.
01 is dnanoe wMbe maied upon request.
DATED t ay
CRY CLERK. SANDRA S. CHASE
Puollshed: July 21, 2013.
Affidavit of Publication
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
Summary of Ordinance No 3932
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:
July 21, 2013
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day 0 July, 2013 /
Y✓•11L.�.� � l
Notary Public in and for the State of
County.
Account Name: City of Edmonds Account Number: 101416
22nd
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