Ordinance 25810006.
WSS/naa
08/28/86
ORDINANCE NO. 2581
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF CHAPTER 15.38 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO INCORP-
ORATE CHANGES REQUIRED FOLLOWING REVIEW BY THE
DEPARTMENT OF ECOLOGY AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, following review by the Planning Board and
public hearing, the Council adopted recommended changes to the
Edmonds Community Development Code (ECDC) by Ordinance No. 2548
to incorporate suggestions of the Department of Ecology (DOE),
and
WHEREAS, upon review of those changes the DOE has
requested certain nonsubstantive changes in said Ordinance No.
2548, and
WHEREAS, all substantive changes have already been
reviewed by the Planning Board and have been the subject of a
public hearing, and based thereon the City Council finds that the
changes should be approved, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECDC Chapter 15.38, sections 15.38.100,
15.38.110, 15.38.120, 15.38.125 and 15.38.130 are hereby amended
to read as follows:
15.38.100 BULKHEADS
A bulkhead is defined as a wall-like structure
primarily designed to resist earth or water pressure,
as a retaining wall holding back ground from sliding
into a channel or to protect a shore from wave erosion.
A. Urban Environment:
1. Bulkheads shall be located and constructed
only to protect upland facilities, and shall
blend with the natural shoreline.
2. Bulkheads shall be designed to minimize
adverse effects on beaches and alteration of
the natural shore.
3. Bulkheads shall be constructed to allow safe
access over the bulkhead in public shoreline
areas.
4. Bulkheads shall not be used to create new
land by buttressing landfills.
B. Conservancy Environment: Bulkheads are allowed as
regulated in the Urban Environment.
C. Natural Environment: Not permitted in this
environment, except to protect the natural
character.
15.38.110 BREAKWATERS
A breakwater is defined as an offshore structure that,
by breaking the force of the waves, protects a harbor,
anchorage, basin, beach or shore area.
A. Urban Environment: Breakwaters shall be permitted
subject to all applicable State and federal
regulations and shall be limited to those areas
located in the commercial waterfront (C.W.) zone.
B. Conservancy Environment: Breakwaters shall not be
constructed in the Conservancy Environment.
C. Natural Environment: Not permitted.
15.38.120 GROINS
A groin is defined as a shore protection structure
usually built perpendicular to the shoreline, to trap
littoral materials or to retard erosion of the shore.
A. Urban Environment: The primary purpose of
constructing groins is to prevent the drift of
sand along the shore and to build up beaches.
Because this affects distribution of beach -
building material all along the shore, groins
shall not be built unless the development would
clearly benefit the public. Groins shall be
installed only under the supervision of a licensed
engineer and shall be designed to minimize off
site disturbance of the shoreline.
- 2 -
B. Conservancy Environment: Permitted as regulated
under the Urban Environment.
C. Natural Environment: Not permitted.
15.38.125 JETTIES
Jetties are defined as structures that are generally
built perpendicular to the shore extending through or
past the intertidal zone or foreshore and designed to
prevent shoaling of a channel by littoral materials,
and to direct and confine tidal or stream flows.
A. Urban Environment: Jetties are much like groins
in their physical appearance. Because they also
impact the distribution of beach -building
materials along the shoreline, they should be
carefully regulated. Jetties shall not be allowed
unless their development would clearly benefit the
public by providing additional public access or
public recreational opportunities. Their
construction shall be allowed only under the
supervision of a licensed engineer, based upon a
design that minimizes off site disturbance to the
shoreline.
B. Conservancy Environment: Permitted as regulated
under the Urban Environment.
C. Natural Environment: Not permitted.
15.38.130 LANDFILLS
Landfill is defined as the creation, extension or
raising of land area by filling or depositing sand,
soil, gravel, dredge spoils or other materials onto a
shoreline, wetland or water body area.
A. Urban Environment -- Conservancy Environment:
Landfills shall be permitted only with actions
that are a direct benefit to the public by
providing additional or enhanced public access or
recreational facilities in the waterfront area of
Downtown Edmonds, from Brackett's Landing Park on
the north to the Edmonds City limits to the south.
Landfills also may be allowed under the following
circumstances:
1. To replace shoreland areas removed by wave
action or normal erosion processes for minor
filling behind bulkheads.
2. For the purpose of providing public access or
recreational facilities in the upland
shoreland area, east of the Burlington
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Northern railroad tracks, designated as
Urban.
All landfill actions shall be carefully analyzed
to insure that no critical marine habitat is
eliminated.
B. Natural Environment: No landfilling shall be
permitted in the Natural Environments.
Section This ordinance, being an administrative
action, is not subject to :referendum and shall take effect five
(5) days after publication of the attached, approved summary.
ATTEST/AUTHENTICATED:
;CIW�C�LERK, JACQUELINE PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITV/CLERK: August 29, 1986
PASSED BY THE CITY COUNCIL: September 9, 1986
PUBLISHED: September 14, 1986
EFFECTIVE DATE: September 19, 1986
ORDINANCE NO. 2581
— 4 —
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
surtn,i Aw of
CR CANA,NCE JO, 2581
A01 ORDII'IAN('t:- ',F THE
CITY
lYJ)!PIG
TF1E Pr:o\/ISlOiv4 OF,.
cstH.F rer.. ts.:, c;F THE=
�DPAONOS COfJ, cAU ill IT
DEVE-LOPAAENT TO
INCORPORATE ..., 1'A AGES
i REr UIf t=L` FOL�O';NIidG
REvit°NI BY THEDEP
MEN T OF ECOLOGI' AND
FIX:)NiG A TIMIE WHEN THL'
S".NE SHALL SECONIc-
FFECTIVE_
Gn Septem6es- 9, 3gg6_-the City
Council Of ft- C-_i;V C` I.dm nrk
Prr,sec�
which prnvic�,�
cf,ar e Idlr,r, ECDC
C FTn lire -"rS. A, sp erif;,all V I
sec%ions 'S.3i;.1il0, 15.3II.1 Id I
l y.3B,12G 15.3s.125 and iS.. J-40
?o subsii�:de .Le word " rsholl (oc-
the c,'ora "should" on:( to revise
the wording of 17 3t. l3a(A)l:'I to
more dosely defino }t!n garo�{t-
iad areas for landfill:.
Sadiop Estaoiishes on I
rflPc'rlVe a(iTe, I
'(he ttuiI text of this ordinance I
will be rn,)Ned VAT`Iotrt aharc3e to 1
anyone who Submits rI w, :then i
request i'o the CifV Clerk of Jhe
.City of F_drnonns for a Capri of
the text.
APPROVED By "I'H� CifV
Council of ';Fir ;ne,thig of
SePtember P 'I91,6,
JACQU LIldl=
( City clerk - _.
11?ubli,;hedc_ Sept. 1:1,
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
..........Surtl^ary...of.... Ord.inanc.e...vo........ 5.81 ..............................
...
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
September 14, 19,36
......................................................................................................................................
......................................................................................................................................
and that said newspaper was regularly distributed to its subscribers
} 3
during all o aid period.
.........'I ?f..�.i...................
Principal Clerk
Subscribed and sworn to before me this..............15 t h
September 86
dayof..............:..a:.........................:.;;......................, 19.........
Y Not } Publiy in and for the State of Washington,
resilin4 at Everett, Snohomish County.
J;
5-2-1