Ordinance 1861ORDINANCE NO. 1861
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTION 12.13.040 SECONDARY USES IN RS
DISTRICTS BY IMPOSING CERTAIN RESTRICTIONS ON
ACCESSORY BUILDINGS AND STRUCTURES PERMITTED AS
SECONDARY USES IN RS DISTRICTS PURSUANT TO
PLANNING COMMISSION RESOLUTION NO. 509 AND
ESTABLISHING NEW PROCEDURES FOR PROCESSING HOME
OCCUPATION PERMITS AND ESTABLISHING CRITERIA
FOR GRANTING OF THE SAME PURSUANT TO PLANNING
COMMISSION RESOLTUION NO. 508.
WHEREAS, The City Council of the City of Edmonds,
Washington, pursuant to Planning Commission Resolutions No.
508 and 509, called public hearings, and having during said
hearings determined it to be in the best interests of the
public health, safety and welfare to amend the Edmonds
zoning Ordinance as set forth below, pursuant to Planning
Commission Resolutions No. 508 and 509, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 12.13.040 of the Edmonds City Code is hereby
amended to read as follows:
"12.13.040. Secondary Uses in RS Districts. In an RS
zone the following noncommercial uses only are permitted
as secondary uses and as hereinafter specifically
provided and allowed by this section, subject to the
general provisions and exceptions set forth in this
title.
1. Secondary uses permitted shall include the following:
A. Day nurseries, child care centers, preschools
and private kindergartens, subject to grant
of conditional use permit and statement of
operating conditions, provided there is
established and maintained in connection
therewith a fenced play lot on the premises,
with a minimum area of four hundred (400)
square feet, plus an additional forty (40)
square feet for each child in excess of ten
(10) in number, and subject to the regulations
of the State Department of Social and Health
Services. Appeal procedures for rehearing
shall be as provided in Section 12.13.110(1)(8);
B. Foster homes with not more than the number of
persons permitted by definition of a "family"
as defined in Chapter 12.12.
C. Home -Occupations: Intent: The home -occupation
is a special use allowing people to use their
residence for a low profile office or workshop
as long as such a business maintains the
residential character of the.area and does
not generate any more traffic than is normal
for a single residence in .the neighborhood
nor gives the appearance of a commercial
enterprise.
(1) Review procedure:
(a) City Planner: Applications for a
home -occupation permit which do not
include outside storage of materials,
equipment or machinery, or traffic
or other conditions which may be
incompatible in a residential zone,
as determined by the City Planner,
shall be processed and heard by the
City Planner or his designee
in accordance with this section and
Sections 12.16.080 and 12.16.090 of
the Edmonds City Code. The City
Planner shall hold a hearing not
later than thirty (30) days from
the date that an application is
received and notification shall be
accomplished in compliance with
Section 12.16.150 of this Code.
All permits approved by the City
Planner shall be subject to review
by the Board of Adjustment if, at
the next regular meeting of the
Board following the approval of the
permit by the City Planner the
-2-
majority of those Board members
present at said meeting shall vote
to set the matter for hearing.
Anyone desiring to appeal the
decision of the City Planner
granting or denying such a permit
may appeal the decision of the
Planner to the Board of Adjustment
by filing notice of such appeal
with the Planning Department within
ten (10) days following the hearing.
(b) Board of Adjustment. The Board of
Adjustment shall hear all applications
for home -occupation permits involving
conditions which the City Planner or his
designee determines may not be compatible
in residential zones, including, by way
of example and not limitation, those in-
volving unusual traffic and/or vehicles,
outside storage of materials or machinery,
noise or other conditions which might
make the proposed home -occupation
incompatible with a residential zone.
The Board may, upon a vote of the
majority of the Board at the next
regular meeting following approval of
any home -occupation permit by the City
Planner, request and set a review of any
home -occupation permit approved by the
City Planner.
The Board shall hear all appeals from
decisions of the City Planner or his
designee approving or denying any permit
pursuant to the procedure provided
hereinabove.
(2) All home -occupations shall comply with the
following regulations:
(a) Area used: The occupation shall be
conducted entirely within the principal
building or other accessory structures.
(b) Employment: The employment of any
persons other than a member of the
immediate family residing on the pre-
mises is prohibited for those enter-
prises conducted primarily on the
-3-
premises. Building trades and similar
persons using their home or apartment
primarily as an office in conjunction
with business activities conducted off
the premises may have other employees
provided they are not employed on the
premises, they do not park on or near
the residential dwelling site, and they
are not required to visit the residence
during the course of business.
(c) Equipment use: Mechanical equipment can
be used provided it is compatible with
a residential environment.
(d) Traffic: The home -occupation shall not
generate any more traffic than is normal
for a single residence in the neighborhood.
(e) General regulations: No commodities
shall be sold or rented on the premises
except instructional materials pertinent
to the home -occupation (i.e., music
books). The display of commodities
outside the premises or in a window is
prohibited, nor shall the home -occupation
require purchasers or prospective purchasers,
to visit the site to view the merchandise.
No unreasonable amount of dust, odor,
smoke or noise shall be permitted.
(f) Signs: A sign is permitted provided it
does not exceed three (3) square feet in
size. It shall contain only the name
and/or address of the residents.
(g) Other criteria for Board or City
Planner action: The following
conditions by way of example and
not as a limitation, may justify a
denial by the Board or City Planner
of a conditional use permit for a
home -occupation:
(1) The on -street or on -site
parking of trucks or other
types of equipment associated
with the home -occupation.
(2) The presence of materials
stored outside the residential
structure and used in conjunction
with the proposed home -occupation.
(3) The littered, unkept, and
otherwise poorly maintained
condition of the dwelling
site.
(h) All permits approved by either the
Board or the Planner shall be
personal to the applicant and shall
not be transferable or otherwise
assignable.
(i) Appeal by adjoining residents: Any
time after three (3) months following
the granting of a conditional use
permit, adjoining residents may
initiate a hearing before the Board
to consider the revocation of the
permit if they consider the home -
occupation to be a neighborhood
nuisance. This complaint action is
initiated by petition signed by
three (3) persons living in separate
residences within three hundred
(300) feet of the subject property
and accompanied by the conditional
use permit fee. The petition shall
set forth separately each reason for
the revocation and a brief statement
of the facts forming the basis for
each allegation. The petitioners or
their representative shall be required
to be present at the hearing and shall
be required to present testimony or
other evidence in support of the allega-
tion.
At the public hearing called in the
manner as the original application,
the permit may be revoked if the
Board finds the use to be a nuisance,
deleterious to the neighborhood or
inconsistent with the expressed
purposes of "RS" classified property.
D. Plant nurseries, subject to grant of conditional
use permit;
E. Roomers, limited to two (2);
-5-
F. Signs, as follows:
(1) Nameplates not exceeding three (3)
square feet in area, containing the name
and/or address of the occupant of the
premises, provided churches shall be
permitted an increase to the size of
twenty-five (25) square feet for the
purpose of outside bulletin boards;
(2) One unlighted sign not exceeding six (6)
square feet in area pertaining only to
the sale, lease or hire of only the
particular building, property or premises
upon which displayed, and for no more
than three (3) months;
(3) Where dimensional and other regulations
are in conflict with Chapter 11.36,
Uniform Sign Code, as amended, the more
stringent regulation shall apply.
G. Small animals, including household pets, not
to exceed three (3) in any combination thereof,
when kept on the same lot as the resident of
the owners of such animals or pets.
2. Permitted accessory buildings and structures shall
include the following:
A. Uses in accessory buildings and structures.
(1) Amateur radio tower subject to condi-
tional use permit grant;
(2) Fallout shelters;
(3) Greenhouses, private and noncommercial,
for propagation and cluture only and no
sales from the premises shall be permitted;
(4) Guest houses subject to the following
conditions:
(a) The grant of a conditional use
permit;
(b) The lot upon which said guest house
is located shall contain not less
than 20,000 square feet regardless
of the zoning established on a
property;
(c) It shall be accessory to a one
family dwelling and shall be a
detached structure;
(d) It shall not contain more than two
(2) bedrooms;
(e) It shall have no kitchen or cooking
facilities, shall be used and/or
designed for use primarily by
guests and/or servants and primarily
for sleeping quarters; and
(f) It shall not be occupied by paying
tenants and/or roomers and/or
boarders.
(5) Private Docks and Mooring: Facilities
and a private boathouse or hanger for
the sole use of the -occupant of the
premises and their guests, to accom-
modate private noncommercial pleasure
craft, provided that such docks, moorages,
boathouses and appurtenances thereto be
in harmony with the character of the
principal structure and the dwellings in
the district.
(6) Private Garages: Private garages and/or
carports designed to accommodate no more
than four (4) cars;
(7) Private Stables: Privately owned non-
commercial stables for the keeping of
horses for personal use with the minimum
lot size and open space for maintaining
and pasturing said horses in compliance
with Chapter 3.30 of the Edmonds City
Code and providing a minimum setback of
thirty (30) feet from any property line
and subject to the approval of the City
Health Officer.
(8) Swimming pools and other recreational
facilities for the sole use of occupants
or premises and their guests.
-7-
B. Requirements for Accessory Buildings
(1) Area: Maximum square footage of coverage
shall not exceed 1,000 square feet, but
in no case shall the combined area of
the accessory structure or building and
other buildings on said premises exceed
the allowable lot coverage.
(2) Basements: Accessory buildings, excepting
fallout shelters, shall not have basements.
(3) Height: Maximum height shall be fifteen
(15) feet except amateur radio towers.
(4) Setbacks: Accessory buildings and
structures shall meet all front and side
yard setbacks but may be located to
within five (5) feet of the rear property
line.
APPROVED:
MAYOR, H. H.`HARRISON
ATTEST:
�. �✓xL � tea-/— �,�%
CITY CLERK, IRE .VARNEY MORAN
FILED WITH THE CITY CLERK: June 10, 1976
PASSED BY THE CITY COUNCIL: August 17, 1976
PUBLISHED: ;august 25, 1976
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON ss
COUNTY OF SNOHOMISH
THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS
TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such
by Court Order No. 38282, and is now and has been for more than six months prior to the date of the publications herein-
after referred to, published in the English language continually as a weekly
newspaper in Snohomish County, Washington, and it is now and during all of
said time was printed in an office maintained at the aforesaid place of publication
of said newspaper, and that it was of general circulation in said Snohomish
grin t shop
County
That the annexed is a true copy of a Ordinance No, 1861
as it was published in regular issues (and not in supplement form) of said news-
paper once each week for a period of one �MXXLjt�M week/
commencing on the 2 th day of August 19 -
and ending on the day of 19 —,
both dates inclusive, and that such newspaper was regularly distributed to its
subscribers during all of said period. That the full amount of the fee charged
for the foregoing publication is the sum of $ 118.40 , which amount has
been paid in full, at the rate of $ 2.00 a hundred words for the first insertion
and $ a hundred words for each subsequent insertion.
Subscribed and sworn to before me this 25th day of Ate gti s • 197A
Notary Public in and for the State of Washington, residing at Edmonds, Wash.
are done both by hand and machine.
MEDICARE SUPPLEI
FOR SENIO
Snohomish County Physicians Corporatioi
September 1 thru September 2S, 1976 1
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON as
COUNTY OFSNOHOMISH
THOMAS J. COAD, being first duly sworn, on oath deposes and says that he is the Publisher of the EDMONDS
TRIBUNE -REVIEW, a weekly newspaper. That said newspaper is a legal newspaper and has been designated as such
by Court Order No. 311282, and is now and has been for more than six months prior to the date of the publications herein -
ORDINANCE NO,1861
;AN ORDINANCE OF THE
CITY OF EDMONDS,
SHINGTON, AMENDING
ICTION 12.13.040
SUONDARY USES IN RS
DISTRICTS BY IMPOSING
CERTAIN RESTRICTIONS
OR ACCESSORY BUILD-
II((GS AND STRUCTURES
PERMITTED AS
SACONDARY USES IN RS
DISTRICTS PURSUANT TO
PLANNING- COMMISSION
RESOLUTION NO. -509 AND
—99TARLISHING NEW PRO-
C E D U R E S F O R
;;PROCESSING HOME
�WUPATION PERMITS
.,AND ESTABLISHING
_CRITERIA FOR GRANTING
-.'OF THE SAME PURSUANT
70 PLANNfNG COM-
m MISSION RESOLTUION NO.
- WHEREAS, The City
.'.6iincil of the City of
"Etlmonds, Washington,
,,pursuant to _Planning
Eommission Resolutions No.
Wo and WS, called public
'hearings, and having during
said hearings determined it to
i�In the best interests of the
r 0iihne health, safety and
Zwelfare to amend the
tE"dmonds Saning Ordinance
" ,getforth below, pursuantto
l tanning Commission
'-Hesolutions No. 508 and 509.
''dOw, therefore,
THE CITY COUNCIL OF
THE CITY OF EDMONDS,
„Iy.ASHINGTON, DO ORDAIN
ASPOLLOWS:
Section 12.13.040 of the
Edmonds City Code is hereby
amended toread as follows:
"12.13.040. Secondary Uses
in RS Districts. In an RS zone
Ofollowing noncommercial
ores only are permitted as
2 ondary uses and as herein -
Er specifically provided
allowed by this section,
Masbject to the general
�p5h is t s and exceptions set
Tenth inthis title.
tecondary uses
NA shall Include the
ng:
y nurseries, child care
s, preschools and
te kindergartens,
to grant of conditional
rmit and statement of
ting conditions,
d there is established
intained in connection
ith a fenced play lot on
remises, with a
um area of four
d (400) square feet,
additional forty (40)
feet for each child in
excess of ten (10) in number,
and subject to the regulations
Of the State Department of
4 Social and Health Services.
Appeal procedures for
-re-hearing shall be as
provided -in Section
I2.13.110(1)(6);
(c) Equipment use:
Mechanical equipment can be
used provided it is compatible
R Ith a residential environ-
ment.
(it) Traffic: The home -
occupation shall not generate
any more traffic than is
normal for a single residence
in the neighborhood.
(e) General regulations: No
_Lommodides shall be sold or
rented on the premises except
instructional materials
pertinent to the home-occppa-
tion (i.e., music books). The
display of commodities
outside the premises or to a
window is prohibited, nor
shall the home -occupation
require purchasers or
prospective purchasers, to
visit the site to view the mer-
chandise. No unreasonable
amount of dust, odor, smoke
nor noise sballbepermilted.
(f) Signs: A sign is
permitted provided it does not
exceed three (3) square feet
in size. It shall contain only
the name and/or address of
the residents,
(g ) Other criteria for Board
or City Planner action: The
following conditions by way of
example and not as a
limitation, may justify a
denial by the Board or City
Planner of a conditional use
permit for a home-occupa-
lion:
(1) The on -street or on -site
parking of trucks or other
types of equipment associated
with the home.-001tup9fi0a.
(2) The presence of
materials stored outside the
residential structure and used
in conjunction with the
proposed home -occupation.
(a) The littered, unkept,
and otherwise poorly
maintained condition of the
dwelling site.
(h) All permits approved by
either the Board or the
Planner shall be personal to
The applicant and shalt not be
transferable or otherwise
assignable.
(i) Appeal by adjoining
residents: Any time after
three (3) months following the
granting of a conditional use
permit, adjoining residents
may initiate a hearing before
the Board to consider the
revocation of the permit if
they consider the home -
occupation to be, a neighbor-
hood nuisance. This
complaint action is initiated
by petition signed by three (3) the City Planner, request and English language continually as a weekly
persons living in separate set a review of any home- 'ashington, and it is now and during all of
residences within three occupation permit approved
hundred (39D) feet of the by the City Planner. ntained at the aforesaid place of publication
Subject property and The Board sball hear all of general circulation in said Snohomish
accompanied by the appeals from decisions of the
conditional use permit fee. Ctty Planner or his designee
The petition shall set forth approving or denying any Ordinarloe No. 1861
separately each reason for Permit pursuant to the
the revocation and a brief procedure provided herein•
statement of the facts above.
forming the basis for each (2) All home-occupatlans' (and not in supplement form) of said news-
allegafion. The petitioners or shall comply with the of one pygp weeki,
their representative shall be following regulations:
required to be present at the (a) Area used: The of Augi3st 1936
hearing and shall be required occupation shall be conducted
to present testimony or other entirely within the principal of 18
evidence in support of the building or other accessory newspaper was regularly distributed to its
allegation, structures. d. That the full amount of the fee charged
At the public hearing called (b) Employment: The
in the manner as the original employment of any persons rim of $ --- i&4, , which amount has
application, the permit may other than a member of the
be revoked if the Board finds immediate family residing on ' 00 a hundred words for the first insertion
the use to be a nuisance, the premises is prohibited for ch subsequent insertion.
deleterious to the neighbor- those enterprises conducted
hood or inconsistent with the primarily on the premises.
expressed purposes of "RS" Building trades and similar
classified property. persons using their home or
D. Plant nurseries, subject apartment primarily as an, zSII-day of Aiagra} lg.,
to grant of conditional use office in conjunction with
permit; business activities conducted
E. Roomers, limited to two off the premises may have __ +~'J-'�-%4��-•"
(2); other employees provided
,f Washington, residing at Edmonds, Wash.
F. Signs, as follows: they are not employed on the
(1) Nameplates not premises, they do not park on
exceeding three (3) square or near the residential
feet in area, containing the - dwelling site, and they are not
name and/or address of the required to visit the residence
occupant of the premises, during the course of business.
provided churches sball be (1) Amateur radio tower -
permitted an increase to the subject to conditional use
size of twenty-five (25) square permit grant;
feet for the purpose of outside (2) Fallout shelters;
bulletin boards; (3) Greenhouses, private
(2) One unlighted sign not and noncommercial, for
exceeding six (6) square feet propagation and cluture only
in area pertaining oaly to the and no sales from the
sale, lease or hire of only the premises shall bepermitted;
particular building, property (4) Guest houses subject to
or premises upon which the following conditions:
displayed, and for no more (a) The grant of a
than three (1) months; conditional usepermit;
(3) Where dimensional and (b) The lot upon which said
other regulations are in guest house is located shall
conflict with Chapter 11.36. contain not less than 29.000
Uniform Sign Code, as square feet regardless of the
amended, the more stringent zoning established on a
regulation shall apply. property
G.SmaRanimals,including (c) It shell be accessary to
fiousehald pets, not to exceed one family dwelling and sh
three (3) in any combination he a detached structure;
thereof, when kept on the ( it) Itshall not contain more
same lot as the resident of the than two (2) bedrooms;
owners of such animals or (e) It shall have no kitchen
pets• or cooking facilities, shall be
2. Permitted accessary used and/or designed for
buildings and structures shall primarily by guests and/
include the following: servants and primarily
A. Uses In accessory sleeping quarters; and
buildings and structures. (f) It shall not be occupier.
B. Foster homes with not by paying tenants and/afY
more than the number of roomers and/or boarders.
Persons permitted by (5) Private Docks aaf
definition of a "family" as Mooring: Facilities and
defined in Chapter 12.12. private boathouse or ban
C. Home -Occupations: for the sole use of thy,.
Intent: The home -occupation occupant of the premises and1
is a special use avowing their guests, to accommodafi
people to use their residence private noncommercial;
for a low profile office or pleasure craft, provided that'
workshop as long as such a such docks, moorages, boat -
business maintains the houses and appurtenances
residential character of the thereto be in harmony with
area and does not generate the character of the principal
any more traffic than is structure and the dwellings in
normal for a single residence the district.
in the neighborhood nor gives (6) Private Garages:
the appearance of a Private garages and/or car -
commercial enterprise. ports designed to accom-
(1) Review procedure: modate no more than four (4)
(a) City Planner: Apphea- cars;
Baas for a home -occupation (7) Private Stables:
permit which do not include Privately owned non-com-
outside storage of materials, mercial stables for the
equipment or machinery, or keeping of horses for personal
traffic or other conditions use with the minimum lot size
which maybe incompatible in and open space for
a residential zone, as maintaining and pasturing
determined by the City said horses in compliance
Planner, shall be processed with Chapter 3.30 of the
and heard by the City Planner Edmonds City Code and
or his designee in accordance providing a minimum setback
with this section and Sections of thirty (30) feet from any
12.14.080 and 12.16.090 of the property line and subject to
Edmonds City Code. The City the approval of the City
Planner shall hold a hearing Health officer.
not later than thirty (30) days (a) Swimming pools and
from the date that an other recreational facilities
application is received and for the sale use of occupants
sotification shall be or premises and their guests.
accomplished in compliance B. Requirements for Acces-
with Section 12.16.150 of this sory Buildings
Code. All permits approved (1) Area: Maximum square
by the City Planner shall be footage of coverage shah not
Subject to review by the exceed 1,000 square feet, but
Board of Adjustment if, at the in no case shall the combined
next regular meeting of the area of the accessory
Board following the approval structure or building and
of the permit by the City other buildings on said
Planner the majority of those premises exceed the
Board members present at allowable lot coverage.
said meeting shall vote to set (2) Basements: Accessory
the matter for hearing. buildings, excepting fallout
Anyone desiring to appeal the shelters, shall not have base -
decision of the City Planner meats.
granting or denying such a (3) Height: Maximum
permit may appeal the height shall be fifteen (15)
decision of the Planner to the feet except amateur radio
Board of Adjustment by filing towers.
notice of such appeal with the (4) Setbacks: Accessory
Planning Department within buildings and structures shall
ten (10) days following the meet all front and side yard
hearing. setbacks but may be located
(b) Board of Adjustment. to within five (5) feet of the
The Board of Adjustment rear property line.
shall hear all applications for APPROVED:
home -occupation permits /s/H.H.HARRISON
involving conditions which MAYOR. H.H.HARRISON
the City Planner or his ATTEST:
designee determines may not /s/ Irene Varney Moran
be compatible in residential CITYCLERK,
tones, including, by way of IRENE VARNEY MORAN
example and not limitation, FILED WITH THE CITY
those involving unusual CLERK ' June 10,1976
traffic and/or vehicles, P ;SSF.p BY THE CITY
outside storage of materials COUNCIL: August 17,1976
or machinery, noise or other PUBLISHED: August 25,
conditions which might make 1976-863
the proposed home -occupa-
tion incompatible with a resi-
dential zone.
The Board may, upon a vote
of the majorityof the Board at
the next regular meeting
following approval of any
home -occupation permit by