Ordinance 3932 Public Markets2.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 Ordinance 3921 is hereby repealed.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 andlor outdoor retail market open to the
p l c co asisti� oftwo or more Inde enden:t ve dors with each vendor o eratin
indenendently from other vendors and subleasing booths stalls or tables for the
ur os'food :flowers tants or
other similar nerishablg Dods az dlor new wares used goods or inerchandise.
1
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:
21-.90..909 Seasonal f ,.,,,ems r-ket
Seasonal farmers' mar-ke4 is a retail market speeializing in the sale of fafm gr -e
or heme- isor- other similar- peri ,t,able geeds. Th
Faar-ket is 5?ii'1s6nal use pe ted er y dufing the a between Tia
September-, e, e f ., gio
is hereby repealed.
Section 4. Communitv 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 _a + a as apJetAdeer-ation
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.
7.100.050;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.
2
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 Gone Overatina 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. Seas located next tQ a sira de -
,L—.
family residential zone fl -ie market shall be entirely iffiinq �completely_enn2(1osed
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:
I Unless market
within the Citv of Edmonds. a rcroses licensed as a ublc market shall be considered a
temliorqr
A use. As a temporary use the cit council finds that an si ns Or StrUCtUres tried in
accordance with the Dublic market do not ae uire design review.'Wlien a location is utilized for a
business arse in addition to a public market the public mafket use shall not decrease the reauired
available toarkiii , for the other business use below the standards established by Clea 17.50
ECDC.
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 stfikethfough):
16.43.020 Uses.
A- Table 16-41-1
Permitted Uses
BD1
I BD72
BD3
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 ruen-d-up-ted a_,; am etAdeor operation and
licensed pursuant to provisions in the -Edmonds City Code Chapter 4.90.
A
A
A
A
A
Seasonal faFmers arkets A LAJ 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
Auction businesses, excluding vehicle or livestock auctions
C
C
C
f
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
C.
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 lone Operating Restriction Amendmepts, 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
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 -
within a coin letel 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 on a business license as a ear -round.
market within the Cit of Edmonds a remises licensed as ab9ic market shall
be considered a ten oras use. As a tem crrar use the cit council flrxds that an.
signs or structures used in accordance with tle roaret do not rec airs clesi n
review. When a location is utilized for a business use in addition to a ublic
market., the public market use shall not decrease the re ui:r°ed available arki.n for
the other business use below the standards established by Cha ter 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 16.60.0 1 O(B);
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65
ECDC;
6. ity e needren "__Public markets seasonal f ____-__ markets
pravideml That whew located neat to a sin le-lamil residential zone tlae markat
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 ublic market is identificd on a business license as aear-roun.d
market within the City of Edmrmonds a revises licensed as a mmblic rnarket shall.
be considered a teniporary use. As a temDorary activity, time 61y, council finds that
4EY si ;ns or stm uctures need ima accords ce with time market Flo not re circ desn
review. Wben a location is utilized for a business use in additiorm to a public
market the public market: use shall not decor°ease tl)e me aired available arkin�r
the other business use below the standards established. byCha )ter 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.
APIA � I:
MA OR DAVID O. EARLING
ATTEST/AUTHENTICATED :
11'Y 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
9
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
At
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
011 o. W11 qq VM Mv, 7013 6N atr enrriuI W 0"9 ("Ay M
'—� , ,
Tk" NO teA IM 1hog "I 04W 44WO rrqr,,4W,
DAT6 ) Nqs Mp day ol 10ydM 3'
M` CLERK, SAPORA S CHASE
p�,sbpvA�wj_ji[gy Zt, 2013,
M
The undersigned, bcing� firm duly swon't on oath deposes and says Ovat she is Principal Clerk rk of
)cr Prillte
,(I and PUb�iStIC(j al I Ile [.:till
i),, 1�
,."
THE HERALD, a daity jwwspa� v rd
Snohomish, and State or Wa$hi sigtoR, that �4iid nc%vspaper is a newspill"af Of".1elicnil
circulation in said Counly and !State; tilzu said ncw,,,ps,j:wr has I)cen approved as to
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary ol'Ordmance 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.