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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 - 3 - 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