Park 212 Apartments zoning confirmation letter.pdf10C. 199 -
March 18, 2016
Michelle Dahlke
CITY OF EDMONDS
1215 1h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmond.swa. ov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
Zoning Specialist
National Zoning Consultants, LLC
940 West Fairway Drive
Mesa, AZ 85201
RE: Zoning Verification letter for 7300 213th Place SW, Edmonds WA (Park 212 Apartments)
File No. STF20160007
Dear Ms. Dahlke:
This Zoning Confirmation Letter is in response to your March 8 request regarding the
multifamily residential buildings at the referenced property (APN: 00580700000202).
1. Zoning. The site is zoned "General Commercial" (CG2),
2. Conformance with current zonin re uirements, Based on City records, the project is:
A legal, conforming use. Multiple residential is a permitted primary use in the CG2 zone
and the Park 212 Apartments are a multiple residential use.
A legal, conforming structures. The zoning designation has not changed since the
apartments were built, therefore they are assumed to be legal conforming structures
relative to zoning.
3. Violations. There are no open building, zoning or fire code violations on the property. The
apartment project is assumed to be in compliance with the applicable building codes in
effect at the time of completion of construction.
4. Variances. There are no known variances or special permits for the site.
5. Certificate of Occupancy. The certificates of occupancy for each of the buildings on the site
are attached.
6. Site Plan. Two as -built plans are attached — one showing the two 1984 buildings on the east
part of the site and the other showing the west. Also attached is the General Commercial
zoning code.
7. Reconstruction. Chapter 17.40 ECDC (Nonconformances) is attached,
If you have any further questions, please contact me at michael.clu ston@edmondswa. ov or
(425) 771-0220.
Sincerely,
Mike Clugston, AICP
Associate Planner
Attachments
1. Certificates of Occupancy
2. Site Plans
3. General Commercial (CG2) zone district standards (ECDC 16.60)
4. Nonconforming standards (ECDC 17.40.020)
5. Request letter
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES
Chapter 16.60
CG — GENERAL COMMERCIAL: CG AND CG2 ZONES
Sections:
16.60.000
CG and CG2 zones.
16.60.005
Purposes.
16.60.010
Uses.
16.60.015
Location standards for sexually oriented businesses.
16.60.020
Site development standards — General.
16.60.030
Site development standards — Design standards.
16.60.040
Operating restrictions.
Page 1 of 10
16.60.000 CG and CG2 zones.
This chapter establishes the general commercial zoning district comprised of two distinct zoning
categories which are identical in all respects except as specifically provided for in ECDC 16.60.020
(A). [Ord. 3981 § 1 (Aft. A), 2014; Ord. 3635 § 1, 2007].
16.60.005 Purposes.
The CG and CG2 zones have the following specific purposes in addition to the general purposes for
business and commercial zones listed in Chapter 16.40 ECDC:
A. Encourage the development and retention of commercial uses which provide high economic
benefit to the city. Mixed-use and transit -oriented developments are encouraged which provide
significant commercial uses as a component of an overall mixed development scheme.
B. Improve access and circulation for people by encouraging a development pattern that supports
transit and pedestrian access. Improve vehicular circulation and access to support business and
economic development.
C. Provide and encourage the opportunity for different sections along the Highway 99 corridor to
emphasize their unique characteristics and development opportunities rather than require the corridor
to develop as an undifferentiated continuum. New development should be high-quality and varied —
not generic — and include amenities for pedestrians and patrons.
D. Encourage a variety of uses and building types. A variety of uses and building types is appropriate
to take advantage of different opportunities and conditions. Where designated in the comprehensive
plan, the zoning should encourage mixed-use or taller high-rise development to occur.
E. Encourage development that is sensitive to surrounding neighborhoods. Protect residential
qualities and connect businesses with the local community. Pedestrian connections should be made
available as part of new development to connect residents to appropriate retail and service uses.
F. New development should be allowed and encouraged to develop to the fullest extent possible
while assuring that the design quality and amenities provided contribute to the overall character and
quality of the corridor. Where intense development adjoins residential areas, site design (includi^^
Attachment 3
STF20160007
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 2 of 10
buffers, landscaping, and the arrangement of uses) and building design should be used to minimize
adverse impacts on residentially zoned properties.
G. Upgrade the architectural and landscape design qualities of the corridor. Establish uniform signage
regulations for all properties within the corridor area which provide for business visibility and
commerce while minimizing clutter and distraction to the public. Make the corridor more attractive and
pedestrian -friendly (e.g., add trees and landscaping) through a combination of development
requirements and — when available — public investment.
H. Within the corridor, high-rise nodes designated in the comprehensive plan should provide for
maximum economic use of suitable commercial land. High-rise nodes should be:
1. Supported by adequate services and facilities;
2. Designed to provide a visual asset to the community through the use of distinctive forms and
materials, differentiated facades, attractive landscaping, and similar techniques;
3. Designed to take advantage of different forms of access, including automobile, transit and
pedestrian access;
4. Designed to provide adequate buffering from lower intensity uses and residential
neighborhoods. [Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 20071.
16.60.010 Uses.
A. Permitted Primary Uses,
1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited
by subsection (C) of this section or limited by subsection (D) of this section;
2. Any additional use except as specifically prohibited by subsection (C) of this section or limited
by subsection (D) of this section;
3. Halfway houses;
4. Sexually oriented businesses, which shall comply with the location standards set forth in
ECDC 1 60.01 5, the development regulations set forth in Chapter 17.50 ECDC, and the
licensing regulations set forth in Chapter 4.52 ECC.
B. Permitted Secondary Uses.
1. Off-street parking and loading areas to serve a permitted use.
2. Storage facilities or outdoor storage areas secondary or integral to a permitted primary use,
such as storage or display areas for automobile sales, building materials or building supply
sales, or garden/nursery sales. Such outdoor storage or display areas shall be designed and
organized to meet the design standards for parking areas for the CG zone contained in this
chapter.
C. Prohibited Uses.
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 3 of 10
1. Mobile home parks.
2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a
permitted commercial or residential use. Automobile wrecking yards, junk yards, or businesses
primarily devoted to storage or mini storage are examples of this type of prohibited use.
D. Uses Requiring a Conditional Use Permit.
1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3981 § 1 (Att. A), 2014; Ord. 3635
§ 1, 2007].
16.60.015 Location standards for sexually oriented businesses.
All sexually oriented businesses shall comply with the requirements of this section, the development
regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in
this section shall not be construed to restrict or prohibit the following activities or products: (1)
expressive dance; (2) plays, operas, musicals, or other dramatic works; (3) classes, seminars, or
lectures conducted for a scientific or educational purpose; (4) printed materials or visual
representations intended for educational or scientific purposes; (5) nudity within a locker room or
other similar facility used for changing clothing in connection with athletic or exercise activities; (6)
nudity within a hospital, clinic, or other similar medical facility for health-related purposes; and (7) all
movies and videos that are rated G, PG, PGA 3, R, and NC -17 by the Motion Picture Association of
America.
A. Separation Requirements. A sexually oriented business shall only be allowed to locate where
specifically permitted and only if the following separation requirements are met:
1. No sexually oriented business shall be located closer than 300 feet to any of the following
protected zones, whether such protected zone is located within or outside the city limits:
a. A residential zone as defined in Chapter 16.10 ECDC;
b. A public use zone as defined in Chapter 1680 ECDC.
2. No sexually oriented business shall be located closer than 300 feet to any of the following
protected uses, whether such protected use is located within or outside the city limits:
a. A public park;
b. A public library;
c. A nursery school or preschool;
d. A public or private primary or secondary school;
e. A church, temple, mosque, synagogue, or other similar facility used primarily for religious
worship;
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 4 of 10
f. A community center such as an amusement park, public swimming pool, public
playground, or other facility of similar size and scope used primarily by children and families
for recreational or entertainment purposes;
g. A permitted residential use located in a commercial zone;
h. A museum; and
i. A public hospital or hospital district.
3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern within
or outside the city limits.
B. Measurement. The separation requirements shall be measured by following a straight line from the
nearest boundary line of a protected zone specified in subsection (A) of this section or nearest
physical point of the structure housing a protected use specified in subsection (A) of this section to
the nearest physical point of the tenant space occupied by a sexually oriented business.
C. Variance From Separation Requirements. Variances may be granted from the separation
requirements in subsection (A) of this section if the applicant demonstrates that the following criteria
are met:
1. The natural physical features of the land would result in an effective separation between the
proposed sexually oriented business and the protected zone or use in terms of visibility and
access;
2. The proposed sexually oriented business complies with the goals and policies of the
community development code;
3. The proposed sexually oriented business is otherwise compatible with adjacent and
surrounding land uses;
4. There is a lack of alternative locations for the proposed sexually oriented business; and
5. The applicant has proposed conditions which would minimize the adverse secondary effects
of the proposed sexually oriented business.
D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation
requirements of this section shall not apply to a sexually oriented business once it has located within
the city in accordance with the requirements of this section. [Ord. 3981 § 1 (Att. A), 2014; Ord. 3635
§ 1, 2007].
16.60.020 Site development standards — General.
A. Table. Except as hereinafter provided, development requirements shall be as follows:
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Minimum
Minimum Lot Minimum Lot
Minimum
Side/Rear
Maximum
Maximum Flc
Area Width
Street Setback
Setback
Height
Area
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 5 of 10
Minimum
Minimum Lot Minimum Lot Minimum Side/Rear Maximum Maximum Fl(
Area Width Street Setback Setback Height Area
CG
None
None
4 2
None
60'3 None
CG2
None
I None
4 2
None
75'3 None
Fifteen feet from all lot lines adjacent to RM or RS zoned property regardless of the setback provisions
established by any other provision of this code.
2 Street setback area shall be fully landscaped.
3 None for structures located within an area designated as a high-rise node on the comprehensive plan
map.
B. Reporting. The development services director shall provide a report to the city council by February
1, 2016, to summarize 2015 development activities for the CG and CG2 districts in the Highway 99
area, especially related to land uses and vehicle parking. The report is intended to provide
information about how land use and parking aspects of this chapter are working. [Ord. 3981 § 1 (Att.
A), 2014; Ord. 3635 § 1, 2007].
16.60.030 Site development standards — Design standards.
Design review by the architectural design board is required for any project that includes buildings
exceeding 60 feet in height in the CG zone or 75 feet in height in the CG2 zone. Projects not
exceeding these height limits may be reviewed by staff as a Type I decision. Regardless of what
review process is required, all projects proposed in the CG or CG2 zone must meet the design
standards contained in this section.
A. Screening and Buffering.
1. General.
a. Retaining walls facing adjacent property or public rights-of-way shall not exceed seven
feet in height. A minimum of four feet of planted terrace is required between stepped wall
segments.
b. Landscape buffers are not required in land use zones with no required building setback.
c. Tree landscaping may be clustered to block the view of a parking lot, yet allow visibility to
signage and building entry.
d. Landscape buffers shall be integrated into the design and layout of water detention and
treatment elements, to minimize the physical and visual impacts of the water quality
elements.
e. All parking lots are required to provide Type V interior landscaping.
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 6 of 10
f. Type I landscaping is required for commercial, institutional and medical uses adjacent to
single-family or multifamily zones. The buffer shall be a minimum of 10 feet in width and
continuous in length.
g. Type I landscaping is required for residential parking areas adjacent to single-family
zones. The buffer shall be a minimum of four feet in width and continuous in length.
h. Type I landscaping is required for office and multifamily projects adjacent to single-family
zones. The buffer shall be a minimum of four feet in width and 10 feet in height and
continuous in length.
i. If there is a loading zone and/or trash compactor area next to a single-family or multifamily
zone, there shall be a minimum of a six -foot -high concrete wall plus a minimum width of five
feet of Type I landscaping. Trash and utility storage elements shall not be permitted to
encroach within street setbacks or within setbacks adjacent to single-family zones.
Mechanical equipment, including heat pumps and other mechanical elements, shall not be
placed in the setbacks.
j. Landscape buffers, Type I, shall be used in parking areas adjacent to single-family zones.
k. When no setback is otherwise required, Type III landscaping three feet in width and
continuous in length is required between uses in the same zone.
2. Parking Lots Abutting Streets.
a. Type IV landscaping, minimum four feet wide, is required along all street frontages.
b. All parking located under the building shall be completely screened from the public street
by one of the following methods:
i. Walls,
ii. Type I planting and a grill that is 25 percent opaque,
iii. Grill work that is at least 80 percent opaque, or
iv. Type III landscaping.
B. Access and Parking.
1. Parking shall be provided as follows: (a) for nonresidential uses, one space per 400 square
feet of leaseable building space; and (b) for residential uses, as required for RM zones.
2. Not more than 50 percent of total project parking spaces may be located between the
building's front facade and the primary street. Parking lots may not be located on corner
locations adjacent to public streets.
3. Paths within Parking Lots.
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 7 of 10
a. Pedestrian walkways in parking lots shall be delineated by separate paved routes that
are approved by federal accessibility requirements and that use a variation in textures
and/or colors as well as landscape barriers.
b. Pedestrian access routes shall be provided at least every 180 feet within parking lots.
These shall be designed to provide access to on-site buildings as well as pedestrian
walkways that border the development.
c. Pedestrian pathways shall be six feet in width and have two feet of planting on each side
or have curb stops at each stall in the parking lot on one side and four feet of planting on
the second side.
d. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of
every 100 feet.
4. Bonus for Parking Below or Above Ground Floor,.
a. For projects where at least 50 percent of the parking is below or above the ground floor of
the building, the following code requirements may be modified for the parking that is
provided:
i. The minimum drive aisle width may be reduced to 22 feet.
ii. The maximum ramp slope may be increased to 20 percent.
iii. A mixture of full- and reduced -width parking stalls may be provided without meeting
the ECDC requirement to demonstrate that all required parking could be provided at
full -width dimensions.
5. Drive-through facilities such as, but not limited to, banks, cleaners, fast food, drug stores,
espresso stands, etc., shall comply with the following:
a. Drive-through windows and stacking lanes shall not be located along the facades of the
building that face a street.
b. Drive-through speakers shall not be audible off site.
c. Only one direct entrance or exit from the drive-through shall be allowed as a separate
curb cut onto an adjoining street. All remaining direct entrances/exits to the drive-through
shall be internal to the site.
6. Pedestrian and Transit Access.
a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent
developments if feasible.
b. Internal pedestrian routes shall extend to the property line and connect to existing
pedestrian routes if applicable. Potential future connections shall also be identified such that
pedestrian access between developments can occur without walking in the parking or
access areas.
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 8 of 10
c. When a transit or bus stop is located in front of or adjacent to a parcel, pedestrian
connections linking the transit stop directly to the new development are required.
C. Site Design and Layout.
1. General. If a project is composed of similar building layouts that are repeated, then their
location on the site design should not be uniform in its layout. If a project has a uniform site
layout for parking and open spaces, then the buildings shall vary in form, materials, and/or
identity. The following design elements should be considered, and a project shall demonstrate
how at least five of the elements were used to vary the design of the site:
a. Building massing and unit layout,
b. Placement of structures and setbacks,
c. Location of pedestrian and vehicular facilities,
d. Spacing from position relative to adjoining buildings,
e. Composition and types of open space, plant materials and street trees,
f. Types of building materials and/or elements,
g. Roof variation in slope, height and/or materials.
2. Individuality for Particular Structures. If a project contains several new or old buildings of
similar uses or massing, incorporate two of the following options to create identity and promote
safety and feeling of ownership;
a. Individual entry design for each building.
b. Create variety in arrangement of building forms in relation to site, parking, open spaces,
and the street.
c. Create variety through facade materials and organization.
d. Create variety through roof forms.
e. Vary the size/mass of the buildings so they are not uniform in massing and appearance.
3. Lighting.
a. All lighting shall be shielded and directed away from adjacent parcels. This may be
achieved through lower poles at the property lines and/or full "cut off' fixtures.
b. Parking lots shall have lighting poles with a maximum of 25 feet in height.
c. Pedestrian ways shall have low height lighting focused on pathway area. Pole height
shall be a maximum of 14 feet, although lighting bollards are preferred.
d. Entries shall have lighting for safety and visibility integrated with the building/canopy.
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 9 of 10
D. Building Design and Massing,
1. Buildings shall convey a visually distinct "base" and "top." A "base" and "top" can be
emphasized in different ways, such as masonry pattern, more architectural detail, step -backs
and overhangs, lighting, recesses, visible "plinth" above which the wall rises, storefront,
canopies, or a combination thereof. They can also be emphasized by using architectural
elements not listed above, as approved, that meet the intent.
2. In buildings with footprints of over 10,000 square feet, attention needs to be given to scale,
massing, and facade design so as to reduce the effect of large single building masses. Ways to
accomplish this can include articulation, changes of materials, offsets, setbacks, angles or
curves of facades, or by the use of distinctive roof forms. This can also be accomplished by
using architectural elements not listed above, as approved, that meet the intent. Note that
facade offsets or step -backs should not be applied to the ground floor of street -front facades in
pedestrian -oriented zones or districts.
3. Alternatives to massing requirements may be achieved by:
a. Creation of a public plaza or other open space which may substitute for a massing
requirement if the space is at least 1,000 square feet in area. In commercial zones, this
public space shall be a public plaza with amenities such as benches, tables, planters and
other elements.
b. Retaining or reusing an historic structure listed on the National Register or the Edmonds
register of historic places. Any addition or new building on the site must be designed to be
compatible with the historic structure.
4. To ensure that buildings do not display blank, unattractive walls to the abutting streets or
residential properties, walls or portions of walls abutting streets or visible from residentially
zoned properties shall have architectural treatment applied by incorporating at least four of the
following elements into the design of the facade:
a. Masonry (except for flat 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. Projecting metal canopy.
f. Decorative tilework.
g. Trellis containing planting.
h. Medallions.
i. Artwork or wall graphics.
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Chapter 16.60 CG — GENERAL COMMERCIAL: CG AND CG2 ZONES Page 10 of 10
j. Vertical differentiation.
k. Lighting fixtures.
I. An architectural element not listed above, as approved, that meets the intent. [Ord. 3981
§ 1 (Att. A), 2014; Ord. 3736 § 11, 2009; Ord. 3635 § 1, 2007].
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(6);
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC;
6. Public markets; provided, that when located next to a single-family residential zone, 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.
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, a premises licensed as a public market shall be considered a temporary use.
As a temporary 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 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 established by Chapter 17.50 ECDC.
[Ord. 3981 § 1 (Att. A), 2014; Ord. 3932 § 8, 2013; Ord. 3902 § 5, 2012; Ord. 3635 § 1, 2007].
The Edmonds City Code and Community Development Code
are current through Ordinance 4016, passed January 28,
2016.
Disclaimer: The City Clerk's Office has the official version of the
Edmonds City Code and Community Development Code. Users
should contact the City Clerk's Office for ordinances passed
subsequent to the ordinance cited above.
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
Chapter 17.40
NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS!
Sections:
17.40.000
Purpose.
17.40.010
Nonconforming uses.
17.4µ0w020
Nonconforming building and/or structure.
17.40.023
Amnesty for certain long -existing wireless communication facilities.
17.40.025
Vested nonconforming or illegal accessory dwelling units.
17.40.030
Nonconforming lots.
17.40.040,
Nonconforming signs.
17.40.050,
Nonconforming local public facilities.
17.40.060,
Setback exemption.
17.40.000 Purpose.
The purpose of this chapter is to allow certain nonconforming uses, buildings, signs and lots to
continue while limiting the continuation of certain aspects of nonconformity. Other nonconforming
uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated.
[Ord. 3696 § 1, 2008].
Page I of 8
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations,
but is no longer allowed, due to the passage or later change of the ordinance codified in this chapter
or a prior ordinance.
B. Continuation. A nonconforming use may continue, unless required to be abated by subsection (C)
of this section, but it may not be expanded in any way, including additional lot area, floor area, height,
number of employees, equipment, or hours of operation, except as otherwise provided in ECDC
17.40.050.
C. Lapse of Time.
1. If a nonconforming use ceases for a period of six continuous months, any later use of the
property occupied by the former nonconforming use shall conform to this zoning ordinance.
Uses such as agricultural uses, which vary seasonally, shall be deemed abandoned if the
seasonal use is not utilized during one full season consistent with the traditional use.
2. If a nonconforming residential use ceases because its building is damaged in excess of 75
percent of its replacement cost, the use may be reestablished if, but only if, an application for a
building permit which vests as provided in ECDC 19.00.015, et seq., is filed within 18 months of
the date such damage occurred. After the application has been filed, only one 180 -day
extension may be granted.
3. The right of reestablishment of use described in subsection (C)(2) of this section shall not
apply if:
Attachment 4
STF20160007
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 2 of 8
a. The building or structure was damaged or destroyed due to the unlawful act of the owner
or the owner's agent; or
b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of
the owner or the owner's agent.
In the event that subsection (C)(3)(a) or (b) of this section apply, the nonconforming use shall be
abated if damage exceeds 25 percent of replacement cost. "Replacement cost" shall be
determined as provided in ECDC 17 0. 0(F).
D. Conditional Uses. A legal use does not become nonconforming because the zone in which it is
located is changed to a zone district which requires a conditional use permit for the use. However, the
use may not be expanded, as provided for in subsection (B) of this section, without obtaining a
conditional use permit. [Ord. 3696 § 1, 2008].
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 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 (1) 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.
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 3 of 8
2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar
energy installation mounted on a nonconforming building that exceeds the existing height limit
may be approved as a Type II staff decision if:
a. The installation exceeds the existing roof height by not more than 36 inches.
b. The installation is designed and located in such a way as to provide reasonable solar
access while limiting visual impacts on surrounding properties.
3. 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.
4. 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.
5. 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.
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:
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 4 of 8
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,
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(6).
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 5 of 8
J. The antenna and related equipment of a nonconforming wireless communication facility may be
completely replaced with a new antenna and related equipment; provided, that, upon replacement,
the applicant shall use the best available methods and materials to enhance the appearance of the
antenna and related equipment and/or screen it from view in a manner that improves the visual
impact or the conspicuity of the nonconformity. [Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781
§ 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 2008].
17.40.023 Amnesty for certain long -existing wireless communication facilities.
A. Any wireless communications facility that was established prior to August 5, 1998, and does not
conform to the current standards of Chapter 20.50 ECDC shall be treated as a legal nonconforming
wireless communication facility regardless of whether the original establishment of that wireless
communication facility complied with applicable code that existed at the time of such establishment.
B. The owner of such a facility must present substantial evidence that conclusively demonstrates that
the wireless communications facility existed on or before August 5, 1998.
C. All maintenance and alterations may be made in accordance with ECDC 17.40.020. [Ord. 3962
§ 1, 2014].
17.40.025 Vested nonconforming or illegal accessory dwelling units.
A. Illegal or nonconforming accessory dwelling units which registered with the city during the
registration period which ended October 16, 2000, at 5:00 p.m. are hereby declared to be legal
nonconforming detached and attached accessory dwelling units (ADU). Accessory dwelling unit
(ADU) is defined in Chapter 20.21 ECDC.
B. Once registered, a formerly illegal or nonconforming ADU shall enjoy all the protections and
privileges afforded to a nonconforming building under the provisions of ECDC 17,40,020; provided,
however, that such ADU shall be subject to the permit review requirement of ECDC 20.100.040 to the
end that the city council reserves the right to impose additional conditions on the continued use and
occupancy of the formerly illegal ADU if it is found to constitute a nuisance or present a hazardous
condition, or to revoke such registration and permit if a nuisance or hazardous condition relating to
the ADU is not abated.
C. Legal nonconforming units which received a permit certificate confirming such status and listing
the physical dimensions and other characteristics of the structure may be continued in accordance
with such permit certificate; provided, however, that the registration and permit of a formerly illegal
ADU may be revoked and/or conditioned in accordance with the provisions of ECDC 20.100.040.
D. Failure to register a structure within the time period established by the provisions of this section
shall be considered to be presumptive proof that such a unit is an illegal unit and subject to
abatement. The owner of such structure may overcome such a presumption only by presentation of
substantial and competent evidence which establishes the legal nonconforming nature of such
building by clear and convincing evidence that the structure was permitted by Snohomish County or
the city of Edmonds, was permitted by such agency and was in complete compliance with the
applicable provisions of state law and county or city ordinance, at the dates such construction was
initiated and was completed. [Ord. 3696 § 1, 2008].
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 6 of 8
17.40.030 Nonconforming lots.
A. Definition. A nonconforming lot is one which met applicable zoning ordinance standards as to size,
width, depth and other dimensional regulations at the date on which it was created but which, due to
the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city,
no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally
created in accordance with the laws of the local governmental entity in which it was located at the
date of the creation is an illegal lot and will not be recognized for development.
B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in
which it is located, even though such lot does not meet the size, width, depth and other dimensional
requirements of the district, so long as all other applicable site use and development standards are
met or a variance from such site use or development standards has been obtained. In order to be
developed a nonconforming lot must meet minimum lot size standards established by the provisions
of this code, subject to the provisions of subsection (D) of this section.
C. Combination. If, since the date on which it became nonconforming due to its failure to meet
minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same
ownership as a contiguous lot or lots, the nonconforming lot is to be and shall be deemed to have
been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and
thereafter may only be used in accordance with the provisions of the Edmonds Community
Development Code, except as specifically provided in subsection (D) of this section.
D. Exception for Single -Family Dwelling Units. An applicant may build one single-family residence
consisting of no more than one dwelling unit on a lot or parcel regardless of the size of the lot or
parcel if, but only if, one of the following exceptions applies:
1. In an RS zone, such nonconforming lot may be sold or otherwise developed as any other
nonconforming lot pursuant to the following conditions and standards:
a. The lot area of the nonconforming lot is not less than the minimum lot area specified in
the table below for the zoning district in which the subject property is located; and
b. Community facilities, public utilities and roads required to serve the nonconforming lot are
available concurrently with the proposed development; and
c. Existing housing stock will not be destroyed in order to create a new buildable lot.
Lot Area Table
Zone Needed for Lot Sized Needed
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Legal Lot
for Legal Lot
(1)
RS -20
60%
12,000
(2)
RS -12
70%
8,400
(3)
RS -10
75%
7,500
(4)
RS -8
80%
6,400
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 7 of 8
Lot Area Table
% Needed for Lot Sized Needed
Zone
Legal Lot for Legal Lot
(5) RS -6 90% 5,400
2. An applicant applies for necessary permits to construct the unit within five years of the date
the lot or parcel was annexed into the city and the lot or parcel was lawfully created under
provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of
Washington; or
3. An applicant may remodel or rebuild one residence on a nonconforming lot without regard to
the 75 percent destruction requirement of ECDC 17 ", 4 ' 0.020(F) if a fully completed building
permit application is submitted within one year of the estruction of the residence and all other
development requirements of this code are complied with; or
4. The lot lines defining the lot or parcel were recorded in the Snohomish County recorder's
office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously
owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way
subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way
which meets the minimum requirements established by this code. [Ord. 3696 § 1, 2008].
17.40.040 Nonconforming signs.
Nonconforming signs are injurious to health, safety and welfare and destructive of the aesthetic and
environmental living conditions which this zoning ordinance is intended to preserve and enhance.
Nonconforming signs shall be brought into compliance with the provisions of Chapter 20.60 ECDC
under the following terms and conditions:
A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way,
except as provided below. The following acts are specifically permitted and shall not in and of
themselves require conformance with the provisions of Chapter 20.60 ECDC:
1. Normal maintenance of the sign;
2. A change in the name of the business designated on the sign; or
3. Any action necessary to preserve the public safety in the event of damage to the sign brought
about by an accident or an act of God.
B. Any nonconforming sign shall be brought into immediate compliance with the code in the event
that it is expanded in violation of subsection (A) of this section.
C. None of the foregoing provisions relating to permitted maintenance, name change or preservation
of the sign under subsection (A) of this section shall be construed so as to permit the continuation or
preservation of any nonconforming off -premises sign. [Ord. 3696 § 1, 2008].
17.40.050 Nonconforming local public facilities.
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS Page 8 of 8
A. Local Public Facilities. Existing legal nonconforming local public facility uses, buildings, and/or
signs, owned and/or operated by local, state, or federal governmental entities, public service
corporations, or common carriers (including agencies, districts, governmental corporations, public
utilities, or similar entities) may be expanded, enlarged, altered, or modified, subject to review under
Chapter 20.16 ECDC, Essential Public Facilities. [Ord. 3696 § 1, 2008].
17.40.060 Setback exemption.
A. Notwithstanding the current criteria in the ECDC relating to residential building setbacks,
development projects in areas annexed by the city of Edmonds from unincorporated Snohomish
County since January 1, 1994, with building permits from Snohomish County that were valid on the
effective date of the annexation, but which have subsequently expired without final approval, shall be
exempt from the setback requirements specified in ECDC 16.20.030 and 16.30.030; provided, that
the development projects are (1) residential in nature; (2) located in residentially zoned areas of the
city of Edmonds; (3) meet setback requirements of the then -current Snohomish County code in effect
on the effective date of the annexation; (4) consistent with the pians approved by the county (it will be
the applicant's responsibility to provide the city with evidence that the project was approved by the
county); and (5) compliant with all other applicable criteria in the current ECDC.
B. Nothing in this section shall be interpreted to allow any development project in the city of
Edmonds, for which a valid building permit from the city is required under the current ECDC, to begin,
proceed or be completed without the same. [Ord. 3756 § 1, 2009].
Ord. 3696 enacted Chapter 1 T410 ECC on August 31, 2008. Prior legislation: Ords. 2292, 2429, 2936,
3024, 3153, 3247, 3283, 3300, 3327, 3353 and 3515.
A
The Edmonds City Code and Community Development Code
are current through Ordinance 4016, passed January 28,
2016.
Disclaimer: The City Clerk's Office has the official version of the
Edmonds City Code and Community Development Code. Users
should contact the City Clerk's Office for ordinances passed
subsequent to the ordinance cited above.
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Planning Division
ion
121 5q"' xvenue North
Edmonds, WA 98020
Request for honing Verification Letter and Property Information
Addre&,c 7300 fmd 7301 2.13i' Place SW
APN: 00580700000202
Dear Sir or Madam:
I have been retained to do a full property report on the property referenced above, which
is located within your jurisdiction. I have attached a check in the amount of $ to
effectuate this request. Can you please answer the following questions in writing?
1. What zoning district (including overlay districts) is the property located within?
2. Does your jurisdiction consider this property to be legal/conforming or
legal/nonconforming? If not, please explain.
3. Are there any open zoning, building, or fire code violations on file? If so, please
provide copies.
4. Were there any special permits, plans of development or variances issued on the
property? If so, please provide copies.
5. Please attach copies of all Certificates of Occupancy on file for the property. If there
are no Certificates of Occupancy on file please attach one of the two below statements to
your written response to this letter:
Statement 1: Certificate(s) of Occupancy for developments constructed prior to
the year are not on file with this office. The existing development was
constructed in the year . The total number of buildings approved for
this development when it was originally constructed was , and the total
number of dwelling units approved for this development when it was originally
Attachment 5
STF20160007
Coll's t ructed ww" "I'll -11-11 1"he alb-Scrlcc Ofa Certificate(s) of0ccupancy ('or this
development will not give rise to any clif"orcelneril action affecting the
development or property, The development or property NNill only be required to
obtain a Certificate(s) of0ceupancy to ille exterlt of' any finurc crsilstruction
activity (such as restoring, renovation or expanding the development or any part
thereof).
RIJ
Statement 2: We are unable to locate a Certificate(s) of Occupancy for the
development or property in our records. However, we have evidence in our
records that a Certificate(s) of Occupancy was issued and has been subsequently
lost or misplaced. The total number of buildings approved for this development
when it was originally constructed in (year built), was _(# of
buildings) and the total number of dwelling units approved for this development
when it was originally constructed was -. The absence of a Certificate(s)
of Occupancy for the development or property will not give rise to any
enforcement action affecting the property. A Certificate(s) of Occupancy for the
development or property will only be required to the extent of any future
construction activity (such as restoring, renovating or expanding the Project or
any part thereof).
6. Please attach any site plans or final building permits on file as well as any pertinent
sections of the zoning ordinance.
7. Please make sure that the letter includes the provisions from your zoning code that
address rebuilding the structure if destroyed.
Please fax (Fax: 318-397-4040) or email Q�ivnub! L Lq,v,gq) a copy of the
letter prior to mailing once it is completed. Please mail hard copies of all
documents to Michelle Dahike at the address below.
I fyou have any questions or need further information from me regarding this request,
please lei me know initnediately,
Sincerely
'Michelle Dah1kc
Zoning Specialist
National Zoning Consultants, LLC
940 West Fairway Drive
Mesa, Arizona 85201
480-228-2150 (Cell)