Ordinance 29840006.150.132
WSS/are
05/09/94
R: 06/08/94
ORDINANCE NO. 2984
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ECDC SECTION 16.50.010 USES
(A) PERMITTED PRIMARY USES IN ORDER TO ADD A
NEW SUBPARAGRAPH 7 PERMITTING LICENSED
COMMUNITY MARKETS AS A PRIMARY PERMITTED USE
IN THE BC ZONE, ECDC SECTION 16.60.020 USES, (D)
USES REQUIRING CONDITIONAL USE PERMIT,
SUBSECTION 1 AMENDING THE CITY CODE BY ADDING
A NEW CHAPTER 4.90 PROVIDING FOR LICENSING OF
COMMUNITY ORIENTED OPEN AIR MARKETS,
ESTABLISHING A SUNSET CLAUSE AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, a properly composed and operated community oriented open air
market is an asset contributing to the commercial life and tourism potential of a city, and
WHEREAS, a proposal has been made to the City to establish a community
oriented open air market on each Saturday in July, August and September 1994, and
WHEREAS, the community oriented open air market is proposed to be established
on a location on private property in the BC - Community Business Zone of the City, and
WHEREAS, City zoning ordinances do not currently permit open air activities
to be located in any zone of the City with the exception of outdoor storage with a conditional
use permit in the BC and CG zones and outdoor operations with a conditional use permit in the
CG zone, and
WHEREAS, a community organization - the Edmonds Historical Society - along
with members of the public have provided testimony and the staff provided information
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regarding open air markets in other communities which suggests that establishment of a
community orientated open air market in the business zone of the City on a temporary regular
basis could benefit the City by increasing tourism and otherwise stimulating business within the
central business core of the City so long as the operations are carefully monitored, confined to
the weekend, established as a temporary use and are required to be conducted under the
oversight of a duly licensed charitable institution, and
WHEREAS, the City Council wishes to provide for such a temporary use in order
to study its effects, while sunseting the provisions authorizing the use following a limited study
period in order to consider the long term impacts of such a use on the City in its business zones,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECDC 16.50.010 USES (A) Primary Permitted Uses is hereby
amended by the addition of a new subsection 7 relating to licensed community markets to read
as follows:
16.50.010 USES
A. Permitted Primary Uses.
7. Community oriented open air markets conducted as
an outdoor operation and licensed pursuant to
provisions of the Edmonds City Code. [Void
October 1, 1994].
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Section 2. The Edmonds Community Development Code Section 16.60.020
USES, (D) Uses Requiring Conditional Use Permit, subsection 1 is hereby amended to read as
follows:
16.60.020 USES
D. Uses Requiring Conditional Use Permit
1. Outdoor operations, excluding incidental parking
and loading and properly licensed community
oriented open air markets. [Market provision void
October 1, 1994].
Section 3. The Edmonds City Code is hereby amended by the addition of a new
Chapter 4.90 Community Oriented Open Air Markets to read as follows:
4.90 COMMUNITY ORIENTED OPEN AIR MARKETS.
4.90.010 Definitions.
A. "Community oriented open air market" shall mean a site or
location where new or used items are sold by two or more
individual vendors, with each vendor operating
independently from the other vendors and subleasing
booths, stalls or tables for the purpose of placing before the
public for sale on a temporary basis used goods, new wares
or merchandise.
The activities of the market shall be limited to daylight
hours on Saturday and Sunday of each week during the
months of July, August and September, 1994. No other
community oriented open air market activities shall be
licensed under the provisions of this chapter nor eligible as
a permitted use under the provisions of ECDC Section
16.60.020(D) and 16.15.010(A).
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B. "Vendor" shall mean any person, association, group,
partnership, corporation or firm who exhibits goods or
services in a community oriented open air market provided
through a duly licensed sponsor, for the purpose of selling,
bartering, trading, exchanging for advertising such goods
or services for sale.
C. "Sponsor" shall mean any person, association, group,
partnership, corporation or firm engaged in the business of
providing to any vendor, directly or indirectly, sale spaces,
areas or structures within a site licensed for a community
oriented open air market for the purpose of using such
location during the term of the market's license. During
the study phase in which this ordinance is effective, the
promoter shall be a nonprofit organization as described in
Section 4.90.040.
D. "Sales Area" shall mean any stall, booth, stand, space,
section, unit or specified floor area within a licensed
community oriented open air market location where goods
or services are offered or displayed by a vendor for the
purpose of sale, trade, barter, exchange or advertisement.
E. "Rental Space" shall mean all space at the licensed business
location to be used for the undertaking being licensed
except for that space specifically set aside and designated
for vehicle parking, fire lanes and refuse collection areas.
4.90.020 Activities Requiring a License. It shall be unlawful for
any person to own, use or permit property to used as a market
until the market and site have been licensed under this chapter.
No person shall then, sell or offer for sale products at any location
in conjunction with a market activity until sponsor has been duly
licensed and each vendor submitted to the City. Nothing in this
chapter shall be deemed to authorize activities to be conducted in
accordance with the market's activities unless appropriately
licensed as required under another provision of this code.
Provided, however, that business license requirements are limited
as provided in Section 4.90.050. For example, pawnbrokers and
dealers of secondhand goods shall not conduct activities in
accordance with a market until duly licensed in accordance with
the provisions of Edmonds City Code Chapter 4.75. Licensing
under the provision of this chapter shall be an alternative to special
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event licensing under the authority of the City Council or a license
for a public amusement as required under Chapter 4.32.
A. It shall be unlawful for any person to sell or offer for sale
goods at a community oriented open air market unless such
person has been listed on the application fee of the licensee
and paid the processing requirement specified herein.
B. All structures employed on the site shall comply with the
requirements of the State Building Code, including but not
limited to the Uniform Building and Fire Code elements.
4.90.025 Exemptions. The provisions of this chapter shall not be
applied to:
A. Require any farmer, gardener or other person who sells
any fruits, vegetables or other farm produce or edibles
produced by such person within Snohomish County,
Washington and exempt pursuant to RCW 36.71.090 from
paying any fee or application. Such persons are exempt
from the licensing and fee requirements of ECC 4.90.080
but may be listed by the licensee as a vendor when sales
are conducted in conjunction with a community oriented
open air market.
B. Garage sales conducted by an individual on his or her
private property and not exceeding twelve (12) days or
twelve (12) times per year are exempt from the provisions
of this ordinance.
4.90.030 Prohibited Activities. It shall be unlawful for any person
to own, use or permit property to be used for any of the following
prohibited acts in conjunction with the market and unlawful for
any person to conduct any of the following acts in conjunction with
the public market:
A. The sale of any raw meat, fish or poultry product unless
approved in writing for inclusion by the Snohomish County
Health District;
B. The sale of any beverage or foodstuff unless appropriately
licensed from the Snohomish County Health District; and
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C. No sound amplification system shall be used in conjunction
with the market which produces noise which is audible
beyond the boundaries of the area designated in the
application.
4.90.040 Licensees Limited to Non -Profit Community Oriented
Organizations. This temporary license and use provision has been
established by the Edmonds City Council in order to study the
effects of open air markets on the community and determine
appropriate limits and conditions for license issuance. In order to
limit activities during the three (3) month 1994 test period, licenses
to conduct a community oriented open air market shall be issued
only to nonprofit community organizations. Nonprofit community
organizations are hereby defined to mean: bonafide nonprofit
religious, charitable, benevolent, fraternal or social organizations
recognized by the United States Internal Revenue Service as a
charitable institution exempt from taxation under Section 503C of
the Internal Revenue Code and whose principal offices or meeting
place is located within the City of Edmonds.
Section 4.90.050 Sponsor Licensee - Business License Required,
When. The issuance of a community oriented open air market
license to the sponsor is intended to serve as a master license
authorizing limited business activities during the hours of daylight
on Saturday and Sunday during July, August and September.
Vendors at the markets renting or leasing space from the master
licensee are not required to have a City business license unless
they engage in other business activities subject to licensing under
the provisions of this title. By way of illustration and not
limitation the following examples are offered:
A. Pawnbrokers and secondhand dealers are required to have
licenses as provided by ECC Chapter 4.75.
B. A business license shall be obtained by any vendor who
conducts covered business activities beyond the premises
licensed as a community oriented open air market and/or
outside of the time for which the license is issued. For
example, a business operating from a booth on the
premises licensed as a community oriented open air market
during the days of approved market operation shall not
require a business license to conduct such activities. If,
however, the vendor conducts other business activities
subject to the provisions of ECC Chapter 4.72, the person
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conducting such activities shall be duly licensed in
accordance with the provisions of that chapter.
4.90.060 Premises: Zoning and Land Use Requirements. A
premise licensed as a community oriented open air market shall be
considered a temporary use for the purposes of ECDC Section
16.50.010(A)(7) and ECDC Section 16.60.020 Uses (D)(1). As
a temporary activity, the City Council finds that any signs or
structures used in accordance with the market do not require
review or approval by the Architectural Design Board, provided,
however, that when a location is utilized for a business use other
than an community oriented open air market, the location of the
market shall not decrease the required available parking for the
underlying permanent business use below the standards established
by Edmonds Community Development Code Chapter 17.50.
4.90.070 License Fee. An applicant for a license to operate a
community oriented open air market shall pay a fifty dollar
($50.00) base fee plus an additional five dollars ($5.00) for each
one hundred (100) square feet of rentable space as shown on their
application. This fee for reviewing and processing shall be
submitted in conjunction with the application and no application
shall be deemed complete until the fee has been paid. Each
participating vendor shall pay an amount equal for five dollars
($5.00) for each day of participation, not to exceed a total of forty
dollars ($40.00).
4.90.080 Term of License. Each license issued under this chapter
shall be limited to the number of days approved for operation for
the community oriented open air market for which the license was
issued. Licenses shall be valid only during daylight hours in July,
August and September, 1994. No license shall be effective beyond
September 30, 1994.
4.90.090 Application for License. Each applicant for a license to
operate a community oriented open air market shall file an
application with the City Clerk accompanied by the license fee
provided for in Section 4.90.070. The application shall be in
writing and submitted on a form prepared by the City Clerk and
signed by the applicant. The application shall give the applicant's
nonprofit organization's business address and principal business
location, a copy of documents indicating its charitable nonprofit
status as well as the residence address and phone number of the
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applicant's agent. In addition to such other information as the City
Clerk shall require, the application shall be accompanied by:
A. A plot plan showing the location of any outdoor facilities
or activities. Adequate parking and ingress and egress
shall be maintained during the course of this temporary
special event. Applications to utilize a site or lot already
occupied by an existing business shall show on the plot
plan the location of all parking required to be provided
under the provisions of ECDC Chapter 17.50 for such
business.
B. A list of each and every vendor participating or anticipated
to participate in the market for which the license is sought
shall be submitted to the City Clerk. The listing shall
include the vendor's name, address and business phone
number together with a general description of goods and/or
services offered by each vendor. Any changes in the list
of vendors shall be provided to the City Clerk in a
minimum of three (3) business days prior to the date of the
proposed change (i.e., the first date at which the new
vendor will participate in the market).
C. Provisions for event management and garbage control shall
be addressed in a management plan. All tables, tents,
booths, signs and other structures associated with the
market shall be removed at the end of each day, provided,
however, that approved outdoor storage may be provided
between the close of business Saturday night and the
commencement of business on Sunday morning. Garbage
receptacles shall be strategically located and have sufficient
capacity to accommodate the vendors and estimated
members of the public in attendance. In addition the area
shall be kept clean of rubbish, garbage, junk, waste paper,
plastic, Styrofoam cups, sacks, food and other waste. The
license holder shall be responsible to keep the area clean.
The area to be kept clean shall include the area
immediately surrounding sidewalks and public streets.
D. Temporary signage announcing the event shall be approved
on the site in the licensing process in accordance with the
requirements of ECDC 20.60.080.
73867.1 -8-
E. The Fire Marshal shall designate appropriate fire lanes
through the licensed area on the plan. These fire lanes
shall be kept free of structures, debris or other blockage.
Failure to maintain appropriate fire lanes shall be cause for
immediate revocation of the license. The Police Chief
may, in his or her sole discretion, require that security
personnel be provided by the community oriented open air
market during times and in a number designated by the
Police.
4.90.100 Records. The named licensee sponsor of the community
oriented open air market shall maintain a record of all vendors
participating in the event. Such record shall be available for
inspection by the City Clerk or a designated agent during normal
business hours of City offices (that is 8:00 a.m. to 5:00 p.m.
Monday through Friday, excluding legal holidays).
4.90.110 Administration. The license for a community oriented
open air market may be revoked at the discretion of the Mayor at
any time for failure to comply with the provisions of this chapter
or for violation of any other provision of City Code. Notice of
revocation shall be served personally twenty four (24) hours prior
to the date such revocation shall be effective. The licensee may
request a hearing before the Edmonds City Council, provided,
however, that in the interim no activity shall be conducted until
such time as the Edmonds City Council has heard the appeal of the
licensee from the original determination of the Mayor.
4.90.120 Violation of the Provisions of the Chapter: Civil
Infraction. Any person violating any of the requirements of this
chapter shall be guilty of a civil infraction and shall be punishable
of a fine of up to one thousand dollars ($1,000.00). Each day of
violation shall be a separate offense.
Section 4. Sunset Provision. This ordinance shall sunset and expire on midnight,
September 30, 1994. The Mayor is requested to initiate a report on the licensee(s) activities,
recommending whether such use and activities should be permitted in the future. A public
hearing shall be held in conjunction with the delivery of the report and prior to any renewal of
these provisions.
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Section 5. Effective Date. This ordinance, being an administrative action, is not
subject to referendum and shall take effect five (5) days after publication of an approved
summary thereof consisting of the title.
APPROVED:
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE-0-TY. AT
MAI
FILED WITH THE�CITY CLERK: 06/08/94
PASSED BY THE CITY COUNCIL: 06/07/94
PUBLISHED: 06/12/94
EFFECTIVE DATE: 06/17/94
ORDINANCE NO. 2984
73867.1 -10-
Affidavit of Publication
STATE OF WASHINGTON, )
COUNTY OF SNOHOZVISH,
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
SUMMACourt of Snohomish County and that the notice ........................................
ORDINANCE` 0:2984T`
of the Clty of . :,
Edmonds Washington Summary.of Ordinance No. 2984
On the 7th bay of June 1994..........................................
.the City Council of the 6ty of
Edmonds, passed ordinance
No. 2984.: A. summary of the
contentof sold ordinance, City of Edmonds
consisting of the title, provides .............. •.•••.••--.........-
as follows:.. :.
AN ORDINANCE OF THE CITY
OF EDMONDS WASHINGTON
AMENDING-.9CDC SECTIOR
16,50.010- USES (A) PERMIT- .........................•---••---.....................................-
TED : PRTNrXRY USES IN
ORDER.. TO ADD A NEW a printed copy of which is hereunto attached was published in said
SUBPARAGRAPH 7 PERMIT-
TING'UCENSED COMMUNITY
MARKETS AS A PRIMARY newspaper proper and not in supplement form, in the regular and
PERMITTED USE IN THE BC
ZONE, ECDC.: SECTION entire edition of said paper on the following days and times, namely:
1EQUIRI USES (D) USES p p g y
REQUIRING—CdNDITIQAAL
A79IEFDiflC�HE CITY CODE
BY ADDING A NEW CHAPTER
PROVIDING FOR IN -
...... .June... 12,... 19.9.4.......................-----•-----.....................
..... LICENS-
ING OF' COMMUNITY
-ORIENTED OPEN AIR•- __ •• _ _ _ __ •-•
MARKETS, ESTABLISHING A
SUNSET CLAUSE AND
FIXING A TIME WHEN THE
SAMESHALL BECOME..................................................................................••-----.......................................
EFFECTIVE.
The full text of this and that s paper was regularly
'Ordinance will be mailed upon P P g arly distributed o subscribers
request.
DATED this sth day of June, during 11 of sai period.
1994.
RHOClerk MARCHV
CIfY Clerk
Published: June 12, 1994.
....................... ...
........---.......---............................................-............--.................
Principal Clerk
Subscribed and sworn to before me this........13th
day of_.. ........... . ----- June...... 19...94
.....--•---••
.................... ..... •--•--......-•---- .. ...... -..--•---............ ....................................
Notary Public in and for the of Washington,
residing at Everett, Sno sLi C un
h .�
�4SION
`,,OTARy
5.19-9t3 �O
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