Ordinance 4232ORDINANCE NO. 4232
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 17.75 ECDC,
ENTITLED "OUTDOOR DINING," AND A RELATED
SECTION IN CHAPTER 17.70 ECDC.
WHEREAS, the City Council adopted Ordinance 4210, concerning outdoor dining
regulations, on December 15, 2020, as an interim zoning ordinance; and
WHEREAS, the Planning Board reviewed this issue at its February 10, 2021, meeting and
held a public hearing on March 24th; and
WHEREAS, the Council previewed the issue on June 1, 2021 and held a public hearing on
July 27, 2021; and
WHEREAS, Ordinance 4210 has now expired; and
WHEREAS, the ongoing COVID-19 pandemic keeps the desirability of outdoor dining
spaces at a high level; and
WHEREAS, outdoor dining on commercial properties per Chapter 17.75 ECDC requires a
conditional use permit through a hearing examiner process that is more costly and time-consuming
to obtain than an ordinary administrative permit; and
WHEREAS, City staff have drafted code amendments to allow outdoor dining on
commercial properties without a conditional use permit; and
WHEREAS, the concepts for amending the permit process for on-site outdoor dining have
been incorporated into a set of amendments to Chapter 17.75 of the Edmonds Community
Development Code; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 17.75 of the Edmonds Community Development Code, entitled
"Outdoor Dining," is hereby amended to read as set forth in Exhibit A, which is attached hereto
and incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown
in sir-ilke thFa, gk).
b
Section 2. Section 17.70.010 of the Edmonds Community Development Code, entitled
"Other temporary buildings," is hereby amended to read as set forth below (new text is shown in
underline; deleted text is shown in strike thr-..,g ):
Except as provided in ECDC 17.70.030 and 17.75.010, a conditional
use permit shall be required to construct a temporary building in any
zone. The permit shall be administratively reviewed by staff and
shall be valid for a period of one year; provided, however, that said
permit may be extended by the development services director for a
single one-year extension upon submittal of a written application
prior to the expiration of the original permit. All the requirements of
the zoning district shall be met. An appeal of the staff decision
granting or denying such a permit or extension shall be reviewed by
the hearing examiner in accordance with the requirements for any
other conditional use permit under Chapter 20.06 ECDC.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYX MIKE NELSON
W
ATTEST/AUTHENTICATED:
IT CLERK, S O ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: August 20, 2021
PASSED BY THE CITY COUNCIL: August 24, 2021
PUBLISHED: August 27, 2021
EFFECTIVE DATE: September 1, 2021
ORDINANCE NO. 4232
SUMMARY OF ORDINANCE NO. 4232
of the City of Edmonds, Washington
On the 24th day of August, 2021, the City Council of the City of Edmonds, passed
Ordinance No. 4232. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 17.75 ECDC,
ENTITLED "OUTDOOR DINING," AND A RELATED
SECTION IN CHAPTER 17.70 ECDC.
The full text of this Ordinance will be mailed upon request.
DATED this 24th day of August, 2021.
C LERK, SCOTT S E Y
4
Edmonds City Code and Community Development Code
Chapter 17.75 OUTDOOR DINING
EXHIBIT A
Chapter 17.75
OUTDOOR DINING
Sections:
17.75.010 Outdoor dining — Permitted secondary use.
17.75.020 Outdoor dining — Secondary uses requiring a ^a~d"al use permit.
17.75.030 Outdoor dining buildings or structures.
Page 1/2
17.75.010 Outdoor dining — Permitted secondary use.
A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in the BN— neighborhood
business zone, BC — community business zone, BP — planned business zone, BD — downtown business zone, CW —
commercial waterfront zone, CG — general commercial zone, WMU — Westgate Mixed Use, MU — medical use
zone, and FVN4U — Firdale Village mixed use zone. When To be established as a permitted secondary use, the
outdoor dining area shall sHwenfly eemply eF be pre pese44$comply with at least one of the following criteria:
1. The site is not directly adjacent to any residentially zoned property(ies�.k
2. The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property
line(s) directly adjacent to residentially zoned property(ies-)-.)orr
3. The dining area is screened from adjoining F@-; WPM ' residential l - zoned property(ies) by a building and/or a
four -foot wall, hedge, or solid fence.
In addition all outdoor dininy, areas shall comply with both of the following criteria:
4. Seating +s -shall be limited to an additional 4-0-5U percent of the existing interior seating of the establishment
or X30 seats, whichever is greater.
S. Any dining area ad'acent to vehicle parkine shall be separated by landscaping. curb stop. wall or other
suitable barrier to serve as a safety barrier.
B. For sites directly adjacent to residentially zoned property, the outdoor dining area shall be closed between the
hours of 9:00 p.m. and 8:00 a.m.
C. Areas utilized for outdoor dining shall comply with setback requirements applicable to the site. Temporary
buildings or structures used for the outdoor di ning use do not re uire a separate conditional use permit.
D. Seating shall be located outside of public rights-of-way. Seating within public rights-of-way is reviewed as bistro
dining pursuant to the requirements of ECDC 18.70.030 or as a streatery pursuant to ECDC 18.70.030.
E. No additional parking stalls shall be required for outdoor dining usage. For any outdoor dining area that would
utilize existi rkg non -re uired on-site park in spaces- at least one ADA -accessible space must remain or be located on
the site.
17.75.020 Outdoor dining — Secondary uses requiring permit.
Outdoor dining shall be a secondary use requiring a cenam
use permit only if the use includes a component subject to a building or fire permit. Components requiring a
building or fire oennit include. but are not limited to. detached.{free-standine-1 structures and structures attached to a
buildine. such as awnings, canopies. roofs. and pergolas. Withis the Z......i ..... ed in RGDO 17 7c n 10(A).—This use
shall be established and maintained oRVin accordance with the terms of this chapter_
approved by the h .� ., Type 11.1_4.. o -
eiirni� `-xan:FiHe!` �,crr-cr�ror, ,�,� i.:.�rruu..., .cYw
The Edmonds City Code and Community Development Code is current through Ordinance 4211, passed December 15, 2020.
Edmonds City Code and Community Development Code
Chapter 17.75 OUTDOOR DINING
Page 2/2
. b
Pelated to the awdeer din i.... g
outside of pub 1 ie b
h!S of shall be _..quifed f . tke OUtdOOF linin,,. A ny building or structure such as a service stand fence lanter, kiosk.
awninE or other shelter utilized in servine outdoor diners shall ful. ly comply with all yrovisions of Title 19 bui[din
and fire codes.
a !earn
The Edmonds City Code and Community Development Code is current through Ordinance 4211, passed December 15, 2020.
The Edmonds City Code and Community Development Code is current through Ordinance 4211, passed December 15, 2020.
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being fust duly swom, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH936703 ORDINANCE 4232
as it was published in the regular and entire
issue of said paper and not as a supplement
form thereof for a period of 1 issue(s), such
publication commencing on 08/27/2021 and
ending on 08/27/2021 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The l )unt of the fee for such publication is
$19.60.
ki
Subscribed and sworn b me on this
day of
f
Notary Public in and for the State of
Washington.
City of Edmonds - LEGALADS 114101416
SCOTT PASSEY
Q
Phillips PudicashingtonExpires 0612912025 Number 4417
assified Proof
ORDiN ANC E 15UM MA RY
of the Clty of Edmonds. Was hinglon
On the 241h day ❑f AV usf. 2021, the City Cvuncll of the City o!
Edmorkds, passed the following Ordlrlarlca, the eummmy of adid
ordinance cvnslslaq of title is provided as folkm w.
OROINM%NO. d232
AN ORDINANCE OF THE CITY aF EDMi,7ND$.
WASHINGTON, AMENDING CHAPTER 17.75 ECDC.
ENTITLED "OCITDOOR DINING; AND A RELATED
SECT[ON IN CHAPTER 17.70 ECDC.
Th9 NA IR%t of tints Ordnance wlll be sent Upon request.
DATED INs 24th Day of August, 2021.
CRYCLERK. SCOTT PASgEY
Published: August 27, 2021. EOS936703
Proofed by Phillips, Linda, 08/27/2021 10:52:39 am Page: 2