ZoningCompliance_130WestDayton-HarborInn.pdf
October 20, 2006
Arla Willis
c/o Surveys, Inc.
1920 South Puget Drive
Renton WA 98055
Email: arlaw@surveysinc.net / Fax: 206.283.277
RE: 130 West Dayton (Harbor Inn) – Edmonds, WA.
Dear Ms. Willis:
This Zoning Confirmation Letter is in response to your inquiry for the above-mentioned
property. I hope you find this information helpful.
General:
Our records indicate that this property, the Harbor Inn, is
located at 130 West Dayton Street in the Harbor Square complex.
This site was part of the original City of Edmonds, which was
established in 1890. The City of Edmonds adopted its first zoning
code in 1956.
Zoning:
The current zoning designation is “General Commercial”
(CG). I have attached Edmonds Community Development Code
(ECDC) chapter 16.60 for your convenience, which outlines the
permitted uses for this zone. This site was also a “Contract
Rezone” (File #R-1979-4) which means that there are several
development covenants that are applicable. I have attached the
ordinance for your convenience. Please review this, as it includes a list of prohibited uses.
Setbacks:
ECDC 16.60 lists setbacks for the CG zone. However, for this site, the contract
rezone setbacks apply. Page 2 of the document (attached) lists the following development
standards. It states that the minimum setback for buildings from Dayton Street and State Route
104 shall be 25 feet and that the minimum setback for parking from Dayton Street and State
Route 104 shall be 10 feet. Setbacks are measured from the edge of the property line or
vehicular access easement to the nearest structure or building.
Nonconforming Use:
ECDC 17.40.010 (attached) deals with nonconforming uses. Here is the
portion you are likely interested in, however the rest of this section is attached for your
convenience. There are no known nonconforming uses for this site.
ECDC 17.40.010.G.1. Lapse of Time.
If a nonconforming use ceases for a continuous period of six months, any later use of the
property occupied by the former nonconforming use shall conform to this zoning ordinance.
Certificates of Occupancy:
Please see attached.
Violations:
There are no known outstanding building code or zoning code violations for this site.
If you have any questions, please don’t hesitate to contact me at 425.771.0220 extension 1778 or
via email at coccia@ci.edmonds.wa.us.
Sincerely,
Gina Coccia, Planner
Development Services Department
CE
ITY OF DMONDS
Attachments:
ECDC 16.60 – General Commercial Zones.
ECDC 21.40.060 – Hotel Definition.
ECDC 21.60.040 – Motel Definition.
ECDC 17.40.010 – Nonconforming Uses.
R-1979-4 “Contract Rezone” Agreement & Covenant.
Certificate of Occupancy.
ECDC Chapter 16.60
CG – GENERAL COMMERCIAL: CC AND CG2 ZONES
Sections:
16.60.000 CC 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.
16.60.030 Operating restrictions.
16.60.000 CC 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). \[Ord. 2527 § 7, 1985\].
16.60.005 Purposes.
The CC 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. To reserve areas where the fewest use restrictions are imposed, in order to allow use allocations to be made by
economic and market forces;
B. To reserve areas for those uses which involve outdoor activities and display, fabrication, manufacturing,
processing, assembling, heavier truck traffic, and convenient vehicle access to sales area;
C. To allow highrise buildings to the maximum intensity possible, subject to specifically defined performance
standards;
D. To allow areas zoned comparably to the city’s CG zone and adjacent to Highway 99, currently within the
unincorporated area of Snohomish County to maintain their current building height of 45 feet upon annexation to the
city of Edmonds. \[Ord. 2527 § 7, 1985\].
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;
2. Any additional use except as specifically prohibited by subsection C of this section;
3. Mobile homes in planned residential developments;
4. Halfway houses;
5. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC
16.60.015">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.
C. Prohibited Uses.
1. Residential Uses located within the first or second story of any structure, in areas designated “Highway
99 Commercial Area” or “Commercial Highrise” on the comprehensive plan map.
D. Uses Requiring a Conditional Use Permit.
1. Community-oriented open air markets conducted as an outdoor operation and licensed pursuant to
provisions in the Edmonds City Code;
2. Outdoor storage;
3. Aircraft landings as regulated by Chapter 4.80 ECC;
4. Structures exceeding the prescribed height limit, subject to the provisions contained in ECDC
16.60.030(B);
5. Secondary outdoor service or retail uses secondary to the primary on-site use. \[Ord. 3194 § 1, 1998; Ord.
3117 § 15, 1996; Ord. 3100 § 2, 1996; Ord. 2984 § 2, 1994; Ord. 2820 § 3, 1991; Ord. 2615 § 1, 1987; Ord.
2527 § 7, 1985; Ord. 2366 § 10, 1983\].
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: (a) expressive dance; (b) plays, operas, musicals, or other dramatic works; (c) classes, seminars, or
lectures conducted for a scientific or educational purpose; (d) printed materials or visual representations
intended for educational or scientific purposes; (e) nudity within a locker room or other similar facility used
for changing clothing in connection with athletic or exercise activities; (f) nudity within a hospital, clinic, or
other similar medical facility for health-related purposes; and (g) 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 residential use located in a commercial zone when such residential use has been specifically
developed pursuant to a contract rezone;
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. \[Ord. 3117 § 16, 1996\].
16.60.020 Site development standards.
A. Table. Except as hereinafter provided, development requirements shall be as follows:
Minimum MinimumMaximum
Minimum MinimumStreetSide/RearMaximumFloor
Lot Area Lot Width Setback Setback Height Area
213
CG None None 15None35None
2213
CGNone None 15None45None
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 as required by the architectural design review board in accordance
with Chapters 20.10 and 20.12 ECDC.
3
None for structures obtaining conditional use permits under ECDC 16.60.010(D)(4), except as provided by ECDC
16.60.030(B).
B. Signs, Parking, and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC.
C. Screening. The required setback from RS or RM zoned property shall be landscaped and permanently
maintained by the CG/CG2 property owner with trees and ground cover. A six-foot minimum height fence, wall or
solid hedge shall be provided at some point in the setback. \[Ord. 2921 § 1, 1993; Ord. 2527 § 7, 1985\].
16.60.030 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. Plant nurseries;
5. Lumber yards;
6. Automotive wrecking yards;
7. Outdoor storage;
8. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
B. Height Exceptions. Buildings may exceed the maximum height limit subject to the issuance of a conditional
use permit. The hearing examiner shall find that all of the following conditions have been fulfilled prior to issuing
said permit.
1. The structure is located within an area designated on the comprehensive plan for “Commercial
Highrise.”
2. A declaration of non-significance or final environmental impact statement has been issued for the
project.
3. The project has been reviewed by the architectural design board and the board’s findings have been filed
with the examiner.
4. No shadow will be cast upon any solar energy panel (which either exists or for which a building permit
has been requested at the time an application for a conditional use is received for the subject project, and
which is located upon any adjacent structure or property).
5. There shall be at least one foot of distance measured from the nearest residentially zoned property line,
for each foot of building height, measured from the average residential property grade.
6. Sufficient utility and street capacity is available to the structure.
7. Parking areas shall be screened to minimize their visibility from adjacent streets and from the first floor
of the proposed structure. \[Ord. 3320 § 5, 2000; Ord. 2527 § 7, 1985\].
ECDC 21.40.060 Hotel.
“Hotel means any building containing five or more separately occupied rooms that are rented out for sleeping
purposes. A central kitchen and dining room and interior accessory shops and services catering to the general public
can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or
care. (See also, Motel.)”
ECDC 21.60.040 Motel.
“Motel means a building containing units which are used as individual sleeping units having their own private toilet
facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient
automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge,
auto court, cabin court, motor hotel, motor inn and similar names. (See also, Hotel.)”
ECDC Chapter 17.40
NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS
Sections:
17.40.000 Purpose.
17.40.010 Nonconforming uses.
17.40.020 Nonconforming buildings.
17.40.025 Nonconforming accessory dwelling units.
17.40.030 Nonconforming lots.
17.40.040 Nonconforming signs.
17.40.050 Nonconforming community facilities.
17.40.000 Purpose.
The purpose of this chapter is to allow certain nonconforming uses, buildings and lots to continue while
prohibiting further nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be
nuisances, are required to be eliminated.
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 this zoning ordinance and where applicable its predecessor.
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. Abatement. Any commercial, business or industrial use located in a residential zoned district or in the OS
zoned district shall be discontinued within 15 years after the use first became nonconforming. If the affected use is
not operated in a building, it shall be discontinued within three years of the notice. These time periods may be
extended under subsections D and E of this section. The time shall commence from the time the use first became
nonconforming under this code, and where applicable, its predecessor.
D. Notice to Owner. The community development director shall notify each property owner affected by
subsection C of this section. The notice shall state the provisions of subsection C, and that the owner may apply
within one year of the date of the notice for an extended amortization period. The notice shall be filed for record
with the county auditor. Failure to provide notice, or to record the same, shall not extend the mandatory time of
conformance or discontinuance.
E. Extended Amortization Application. The owner shall, with his application, deposit $500.00 with the city to
cover the cost of the city hiring an economic consultant to provide an analysis of what amortization period would be
reasonable in terms of the particular use and the owner’s investment. The application shall be processed in the same
20.05 ECDC). The hearing examiner shall base his decision on the data
manner as a conditional use permit (Chapter
contained in the economic analysis, plus other information introduced at the hearing, including information on the
significance of the use’s incompatibility with nearby residents or property. The city shall refund any portion of the
$500.00 deposit not used in processing the application.
F. Recorded Notice. After the one-year period has passed, or an extended amortization application has been
processed, the community development director shall file for record with the county auditor, a notice of the date by
which the nonconforming use must be discontinued.
G. Lapse of Time.
1. If a nonconforming use ceases for a continuous period of six months, any later use of the property
occupied by the former nonconforming use shall conform to this zoning ordinance.
2. If a nonconforming residential use ceases because its building is damaged in excess of 50 percent of its
value, the use may be reestablished if construction of a new or repaired building begins within one year of the
date the damage occurred.
H. 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 altered,
as stated in subsection B of this section, without obtaining a conditional use permit. \[Ord. 3353 § 9, 2001; Ord. 3283
§ 1, 1999; Ord. 3247 § 1, 1999\].