STF20120013.pdf
CITY OF EDMONDS
th
121 5Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.EdmondsWA.gov
DEVELOPMENT SERVICESDEPARTMENT •PLANNING DIVISION
October 2, 2012
Secretary of Housing & Urban Development
And
CWCapital, LLC
Attn: Melissa J. Wells, Closing Coordinator
805 Broadway, Suite 705
Vancouver WA 98660
Subject:Verification of Zoning Code Compliance
Pacific Park Apartments: 23231 Highway 99, Edmonds WA 98026
Parcel #: 00576700001411 / CW#: 11-0521
To Whom It May Concern:
In response to your inquiry regarding the above property, please be advised that:
1.The Pacific Park Apartments are located in the General Commercial (“CG”) zone
pursuant to Edmonds Community Development Code (ECDC) Chapter 16.60. Please
refer to the attached copy of ECDC Chapter 16.60 for information on the allowable uses
and applicable development regulations.The property is also located within the
“Highway 99 Corridor” Comprehensive Plan designation.
The project is currently non-conforming in the following respects. Per ECDC
16.60.010.C.1, residential uses are prohibited from being located within the first or
second story of any structure within the “Highway 99 Corridor” designation. Thus, the
use of apartments within the first two stories on the subject property does not comply
with the current zoning code requirements. The Pacific Park Apartments were legally
constructed and will allowed to be continued pursuant to ECDC 17.40.010 as a legal
nonconforming use (see enclosed copy of ECDC 17.40).
CITY OF EDMONDS
The parking requirements for multifamily residential units such as the Pacific Park
th
121 5Avenue North, Edmonds WA 98020
Apartmentsdepend on the number of bedrooms per dwelling unit pursuant to ECDC
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
17.50.020.A.1.b (enclosed). I am unable to determine the number and types of dwelling
DEVELOPMENT SERVICESDEPARTMENT •PLANNING DIVISION
units from the information available to calculate the parking spaces required for this site.
Pleaserefer to ECDC 17.50.020 for information on the City of Edmonds parking
requirements and to calculate how many spaces are required.
2.A review of our records indicates that there are no outstanding zoning code violations
issued by this office affecting the property.
3.The Secretary of Housing & Urban Development, mortgage lenders, and their successors
and assigns may rely upon this letter.
I hope the above information is helpful. If you have any questions, please don’t hesitate to
contact me at 425.771.0220 extension 1778 or at Gina.Janicek@EdmondsWA.gov.
Sincerely,
Gina Janicek, Associate Planner
Development Services
City of Edmonds
cc:File #: STF20120013
enc:ECDC Chapter 16.60
ECDC Chapter 17.40
ECDC Chapter 17.50.020
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 Î General.
16.60.030 Site development standards Î Design standards.
16.60.040 Operating restrictions.
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).
\[Ord. 3635 § 1, 2007\].
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 Î not
generic Î 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 (including 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 Î
when available Î 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:
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Chapter 16.60 CG – GENERAL COMMERCIAL: CG AND CG2 ZONES
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.
\[Ord. 3635 § 1, 2007\].
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
16.60.015, 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.
1. Residential uses located within the first or second story of any structure in areas designated
ÐHighway 99 CorridorÑ or ÐHigh-Rise NodeÑ on the comprehensive plan map. There are two
exceptions to this prohibition:
a. Residential uses may be allowed as part of large-scale mixed-use developments, as
described in ECDC 16.60.020(B); and
b. Residential uses are allowed on the second floor of buildings that are not located in areas
designated as ÐHigh-Rise NodeÑ on the comprehensive plan map and which are not located on
lots that have frontage on Highway 99.
2. Mobile home parks.
3. 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. \[Ord. 3635 § 1, 2007\].
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Chapter 16.60 CG – GENERAL COMMERCIAL: CG AND CG2 ZONES
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, PG-13, 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 16.80 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; and
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;
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Chapter 16.60 CG – GENERAL COMMERCIAL: CG AND CG2 ZONES
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. \[Ord. 3635 § 1, 2007\].
16.60.020 Site development standards – General.
A. Table. Except as hereinafter provided, development requirements shall be as follows:
MinimumMinimumMaximum
MinimumMinimumStreetSide/RearMaximumFloor
Lot AreaLot WidthSetbackSetbackHeightArea
CGNoneNone213None
4None60
CG2NoneNone213None
4None75
1
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. Mixed-Use Developments.
1. A mixture of commercial and residential uses, including residential uses located on the first or
second floors of buildings, may be permitted for developments meeting the following requirements:
a. The proposed developmentÓs combined site area is at least two acres.
b. Floor area equivalent to the combined total leasable area of the first (ground) floor for all
buildings located on the site is devoted to commercial use. This commercial floor area may be
provided in any manner desirable on-site, except that for all buildings oriented to and facing
frontage streets the street-facing portions of the ground floor shall be occupied by commercial
uses. Parking area(s) are excluded from this calculation. This requirement is not intended to
require commercial uses facing service drives, alleys, or other minor access easements that
are not related to the main commercial streets serving the site. \[Ord. 3635 § 1, 2007\].
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.
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Chapter 16.60 CG – GENERAL COMMERCIAL: CG AND CG2 ZONES
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.
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. Not more than 50 percent of total project parking spaces may be located between the buildingÓs
front facade and the primary street.
2. 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
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 Grade.
a. For projects where at least 50 percent of the parking is below grade or under the building, the
following code requirements may be modified for the parking that is provided below grade or
under-building:
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.
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:
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Chapter 16.60 CG – GENERAL COMMERCIAL: CG AND CG2 ZONES
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 Ðcut offÑ 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.
D. Building Design and Massing.
1. Buildings shall convey a visually distinct ÐbaseÑ and Ðtop.Ñ A ÐbaseÑ and ÐtopÑ can be emphasized
in different ways, such as masonry pattern, more architectural detail, step-backs and overhangs,
lighting, recesses, visible ÐplinthÑ 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
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Chapter 16.60 CG – GENERAL COMMERCIAL: CG AND CG2 ZONES
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.
j. Vertical differentiation.
k. Lighting fixtures.
l. An architectural element not listed above, as approved, that meets the intent. \[Ord. 3736 § 11,
2009; Ord. 3635 § 1, 2007\].
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(B);
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC;
6. Community-oriented open air markets or seasonal farmers markets;
7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. \[Ord. 3635 § 1, 2007\].
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Chapter 16.60 CG – GENERAL COMMERCIAL: CG AND CG2 ZONES
City Website: http://www.ci.edmonds.wa.us
This page of the Edmonds City Code is current through Ord. 3868,
passed December 20, 2011.(http://www.ci.edmonds.wa.us)
Disclaimer: The City Clerk's Office has the official version of the Edmonds City Telephone: (425) 771-0245
City. Users should contact the City Clerk's Office for ordinances passed Code Publishing Company
subsequent to the ordinance cited above. (http://www.codepublishing.com/)
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
Chapter 17.40
1
NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
Sections:
17.40.000 Purpose.
17.40.010 Nonconforming uses.
17.40.020 Nonconforming building and/or structure.
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. \[Ord. 3696 § 1, 2008\].
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:
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 17.40.020(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. \[Ord. 3696 § 1, 2008\].
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
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 (I) of this section.
C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by
reconstruction of a building or structure which is either listed on the National Register of Historic Places,
the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or
the Edmonds Register of Historic Places, or is listed in a council-approved historical survey meeting the
standards of the State Department of Archaeology and Historic Preservation. “Restoration” means
reconstruction of the historic building or structure with as nearly the same visual design appearance and
materials as is consistent with full compliance with the State Building Code and consistent with the
requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all
such historic buildings and structures shall comply with the life safety provisions of the State Building
Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted.
2. Solar Energy Installations on Buildings That Exceed 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.
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
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:
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.
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
I. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing
residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BD5
zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted
by ECDC 16.43.020 without being required to come into compliance with the ground floor elevation
requirements of ECDC 16.43.030(B). \[Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14,
2009; Ord. 3696 § 1, 2008\].
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. \[Ord. 3696
§ 1, 2008\].
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.
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
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
Lot Sized
% Needed
ZoneNeeded for
for Legal Lot
Legal Lot
(1)RS-2060%12,000
(2)RS-1270%8,400
(3)RS-1075%7,500
(4)RS-880%6,400
(5)RS-690%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 17.40.020(F) if a fully completed building permit
application is submitted within one year of the destruction 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.
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Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
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.
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 plans 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. \[Ord. 3756 § 1, 2009\].
1
Ord. 3696 enacted Chapter 17.40 ECC on August 31, 2008. Prior legislation: Ords. 2292, 2429, 2936,
3024, 3153, 3247, 3283, 3300, 3327, 3353 and 3515.
This page of the Edmonds City Code is current through Ord. 3868, City Website: http://www.ci.edmonds.wa.us
passed December 20, 2011.(http://www.ci.edmonds.wa.us)
Disclaimer: The City Clerk's Office has the official version of the Edmonds City Telephone: (425) 771-0245
City. Users should contact the City Clerk's Office for ordinances passed Code Publishing Company
subsequent to the ordinance cited above. (http://www.codepublishing.com/)
http://www.mrsc.org/mc/edmonds/edmonds17/edmonds1740.html10/2/2012
Chapter 17.50 OFF-STREET PARKING REGULATIONS
Chapter 17.50
OFF-STREET PARKING REGULATIONS
Sections:
17.50.000 Purposes.
17.50.010 Off-street parking required.
17.50.020 Parking space requirements.
17.50.030 Calculations.
17.50.040 Location.
17.50.050 Standards.
17.50.060 Joint use.
17.50.070 Downtown business area parking requirements.
17.50.075 Parking requirements for sexually oriented businesses.
17.50.090 Temporary parking lots.
17.50.100 Commercial vehicle regulations.
17.50.000 Purposes.
The purposes of this chapter are:
A. To reduce street congestion and avoid crowding of on-street parking space;
B. To require adequate landscaping of off-street parking areas;
C. To protect adjacent property from the impact of a use with inadequate off-street parking. \[Ord. 3496
§ 2, 2004\].
17.50.010 Off-street parking required.
A. New Uses or Structures Not Including the Downtown Business Area.
1. Off-street parking facilities which comply with this chapter shall be provided before any new use is
begun, or any new structure is approved for occupancy. A detailed plan and provisions specifically
setting forth the method and location by which the off-street parking required for the proposed use
will be met, whether by construction, a joint use agreement, or any other method provided by this
code, shall be filed and approved in conformance with the applicable provisions of this code before
any building permit is issued.
2. If any change of use occurs, or any addition is built, additional parking spaces to meet the
requirements of this chapter shall be provided.
B. Existing Uses or Structures Not Including the Downtown Business Area.
1. Existing uses or structures shall not be required to comply with the requirements of this chapter
except under subsection (B)(2) or (B)(3) of this section, if they have off-street parking which
complied with applicable regulations at the time the use began or the structure was occupied.
2. If a change of use takes place, or an addition is built, which increases the number of off-street
parking spaces normally required by this chapter by more than 10 percent but less than 100
percent, the number of additional off-street parking spaces required by this chapter for the new use
or addition shall be required to be provided in addition to the number of spaces previously existing.
In no case shall the total requirement exceed that required by this chapter.
3. If a change of use takes place, or an addition is built, which increases the number of off-street
parking spaces normally required by this chapter by 100 percent or more, the full number of spaces
required by this chapter for the new use or the entire altered building shall be provided.
C. The Downtown Business Area.
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Chapter 17.50 OFF-STREET PARKING REGULATIONS
1. All new buildings or additions in the downtown business area shall provide parking at a flat rate of
one parking stall for every 500 sq. ft. of gross floor area of building. If it is a mixed use building, the
portions of the building used exclusively for residential uses shall only be required to provide parking
at one stall per dwelling unit. For purposes of this chapter, “residential uses” shall refer to lobbies,
stairwells, elevators, storage areas and other similar features.
2. All existing and new uses in existing buildings are considered to comply with the parking
requirements set forth in this chapter of the code. \[Ord. 3496 § 2, 2004\].
17.50.020 Parking space requirements.
\[Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.\]
A. Residential.
1. Single-family and multifamily.
a. Single-family dwellings: two spaces per dwelling unit, except:
b. Multiple residential according to the following table:
Type of multiple Required parking
dwelling unitspaces per dwelling
unit
Studio1.2
1 bedroom1.5
2 bedrooms 1.8
3 or more
bedrooms 2.0
2. Boarding house: one space per bed.
3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per
three beds.
4. Single-family dwellings with accessory dwelling unit: three spaces total.
B. Business.
1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug
stores, grocery stores, supermarkets: one space per 300 square feet;
2. Furniture, appliances, and hardware stores: one space per 600 square feet;
3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one
space per 600 square feet;
4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet;
5. Business and professional offices with on-site customer service: one space per 400 square feet;
6. Offices not providing on-site customer service: one space per 800 square feet;
7. Bowling alley: four spaces per bowling lane;
8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed
by the maximum permitted occupant load;
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Chapter 17.50 OFF-STREET PARKING REGULATIONS
9. Car repair, commercial garage: one space per 200 square feet;
10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500
square feet of lot area;
11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square
feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross
floor area in excess of 4,000 square feet;
12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail area;
13. Motels and hotels: one space per room or unit;
14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one
per three employees;
15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space
per two employees on largest shift;
16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is
greater;
17. Marina: to be determined by the hearing examiner, using information provided by the applicant,
and the following criteria:
a. The type of storage facility (moorage, dry storage, trailer parking) and intended use
(sailboats, fishing boats, leisure boats),
b. The need to accommodate overflow peak parking demand from other uses accessory to the
marina,
c. The availability and use of public transit;
18. Storage warehouse: one space per employee;
19. Wholesale warehouse: one space per employee;
20. Adult retail store: one space per 300 square feet;
21. Sexually oriented business (except adult retail store): one space for each customer allowed by
the maximum permitted occupant load.
C. Community Facilities.
1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed
seats, or per 100 square feet of assembly area, whichever is greater;
2. Theaters: one space per five seats;
3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or
one space per 40 square feet of assembly area, whichever is greater;
4. Elementary schools, junior high schools, boarding schools (elementary through senior high),
residential colleges and universities: six spaces per classroom, or one space per daytime employee,
whichever is greater;
5. Nonresidential colleges and universities: one space per daytime employee;
6. High schools (senior): one space per daytime employee;
7. Museums, libraries, art galleries: one space per 250 square feet;
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Chapter 17.50 OFF-STREET PARKING REGULATIONS
8. Day-care centers and preschools: one space per 300 square feet, or one per employee, plus one
per five students, whichever is larger;
9. Hospitals: three spaces per bed;
10. Maintenance yard (public or public utility): one space per two employees. \[Ord. 3496 § 2, 2004\].
17.50.030 Calculations.
A. Square Feet. Unless otherwise specified, square feet refers to the gross building square footage,
including outdoor areas used for the same use (such as an outdoor eating area for a restaurant).
B. Combination of Uses. Combination of uses shall meet the requirement based on the sum of all the
uses reduced by any applicable joint use provisions (see ECDC 17.50.060). Examples of such combined
uses are: a furniture store with a retail display area and attached storage warehouse, a storage
warehouse with attached office, a church with a parochial school, mixed use building with commercial
and residential uses and so forth.
C. Different Uses on Same Site. The requirement for different uses on the same site shall be the sum of
all requirements for the individual uses, reduced by any applicable joint use provisions.
D. Uses Not Specified. Any use not listed above shall meet the requirements of the most similar listed
use as determined by the community development director.
E. Fractions. When the requirements of this chapter result in a fractional number of parking spaces, one
space shall be provided for a fraction of one-half or more, and no space shall be required for a fraction of
less than one-half. \[Ord. 3496 § 2, 2004\].
17.50.040 Location.
A. Permitted Uses in Residential Zones. Off-street parking shall be located on the same lot and within
100 feet walking distance of the use for which it is required.
B. All Other Uses. Off-street parking shall be located within 300 feet walking distance of the use for which
it is required, except that the only requirement of the location of off-street parking required for a use in the
downtown business area shall be that such parking be located within the downtown business area. If the
off-street parking is not on the same lot as the use for which it is required, the owner or lessor shall
provide an agreement to the city for recording with the county auditor which specifies:
1. The location, by legal description or survey, of the off-street parking and the use for which it is
required;
2. A restriction on the property designated for off-street parking that it may not be used for any other
purpose unless the parking is no longer required for the use specified in subsection (B)(1) of this
section. \[Ord. 3628 § 1, 2007; Ord. 3496 § 2, 2004\].
17.50.050 Standards.
See Chapter 18.95 ECDC for size, construction and maintenance of off-street parking. \[Ord. 3496 § 2,
2004\].
17.50.060 Joint use.
See Chapter 20.30 ECDC for joint use of off-street parking facilities. \[Ord. 3496 § 2, 2004\].
17.50.070 Downtown business area parking requirements.
A. See ECDC 17.50.010(C) for the parking requirements in the downtown business area.
B. Downtown Business Area Defined. The downtown business area consists of all land zoned BC, BD or
CW and located in the area east of Puget Sound, south of Edmonds Street, west of Seventh Avenue, and
north of Pine Street. For the purposes of this chapter only, the downtown business area shall include all
commercially zoned properties within the specified boundaries.
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Chapter 17.50 OFF-STREET PARKING REGULATIONS
C. Exceptions to the required parking standards in the downtown area. When requested by the
developer, the staff, using information provided by the applicant, may decrease the required parking for a
building listed on the Edmonds register of historic places in order to retain historic elements of the
building during its expansion, remodeling or restoration. Any building construction or remodeling activities
serving as the justification for the parking exception shall be consistent with the criteria and procedures
governing historic buildings contained in Chapter 20.45 ECDC. The decision on the parking exception
shall be processed as a Type II decision. \[Ord. 3736 § 15, 2009; Ord. 3628 § 2, 2007; Ord. 3496 § 2,
2004\].
17.50.075 Parking requirements for sexually oriented businesses.
A. All off-street parking areas shall be clearly visible from the street.
B. Off-street parking facilities shall be illuminated by overhead lighting at a minimum average of 20
footcandles. Lighting shall be directed downward and away from external property lines. \[Ord. 3496 § 2,
2004\].
17.50.090 Temporary parking lots.
A. Conditional Use. A conditional use permit shall be required in order to construct or maintain a
temporary parking lot in any B (business) or C (commercial) zone. The initial permit shall be valid for a
term of one year; provided, however, that extensions may be approved under the following conditions:
1. The applicant may apply to the community services director to have said permit extended for a
period of one year upon the filing of a written application stating the reasons for said requests prior
to the expiration of the original permit.
2. The applicant may, in addition, apply for an additional two-year extension through the vehicle of a
conditional use permit for a temporary parking lot. In addition to satisfying the criteria of ECDC
20.05.010, the applicant shall be required to demonstrate that a public benefit will result from the
issuance of the two-year extension. In no event shall a temporary parking lot be permitted to
continue beyond four years from the date the initial conditional use permit is granted.
3. Applications for a conditional use permit, or an appeal of a staff decision approving or denying a
one-year extension thereof, shall be reviewed by the hearing examiner under the same terms and
conditions as any conditional use permit utilizing the criteria contained in Chapter 20.05 ECDC and
under the procedural requirements contained in Chapter 20.06 ECDC. An application for a two-year
extension shall be processed in the same manner as an initial application for a conditional use
permit for a temporary parking lot and new or changed conditions may be imposed in the course of
that process.
B. Improvements. The hearing examiner shall require the applicant to meet the public improvement and
dedication requirements for permanent use of the director of community services. The applicant shall
also be required to provide a durable, well-drained, dust-free and hard surface for the parking lot.
C. Review by the Architectural Design Board. If the conditional use permit is approved, the applicant shall
then submit the proposal for review to the architectural design board, and shall comply with any
requirements of the board as to signage, lighting, screening and landscaping. Nothing herein shall be
interpreted to prohibit an applicant from filing a simultaneous request for review of his conditional use
permit application by the hearing examiner and/or review of said lot by the architectural design board.
\[Ord. 3783 § 3, 2010; Ord. 3775 § 3, 2010; Ord. 3736 § 16, 2009; Ord. 3496 § 2, 2004\].
17.50.100 Commercial vehicle regulations.
A. No person shall park or store more than one commercial vehicle or any commercial vehicle over
10,000 pounds licensed gross vehicle weight per dwelling unit on any lot in any R zoned district unless
he/she has first obtained a conditional use permit. For the purposes of this section, “commercial vehicle”
means any motor vehicle, the principal use of which is the transportation of commodities, merchandise,
produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction or
farming, including but not limited to bulldozers, backhoes, tractors and cranes.
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Chapter 17.50 OFF-STREET PARKING REGULATIONS
B. The provisions of this section shall not apply to commercial vehicles which are being loaded or
unloaded. \[Ord. 3496 § 2, 2004\].
This page of the Edmonds City Code is current through Ord. 3868, City Website: http://www.ci.edmonds.wa.us
(http://www.ci.edmonds.wa.us)
passed December 20, 2011.
Disclaimer: The City Clerk's Office has the official version of the Edmonds City Telephone: (425) 771-0245
City. Users should contact the City Clerk's Office for ordinances passed Code Publishing Company
subsequent to the ordinance cited above. (http://www.codepublishing.com/)
http://www.mrsc.org/mc/edmonds/edmonds17/edmonds1750.html10/2/2012