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PLN2022-0003 Zoning Confirmation, 23601 Highway 9914kVLS]& a 0 AITOWKI 121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa. DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION `/)C. 189v 27 April 2022 Julie Morrow The Planning & Zoning Resource Company 1300 S Meridian Ave, Ste. 400 Oklahoma City, OK 73108 Subject Property: 23601, 23611, 236 35 Highway 99 (Parcels: 00451900100201, 00451900100203, 00451900100202) Edmonds WA In response to your request for information regarding the above -referenced property, we have researched our files and present the following: 1. The current zoning classification, including any applicable overlay districts, for the subject property is: The current zoning of the subject property is General Commercial (CG) pursuant to Edmonds Community Development Code (ECDC) Chapter 16.60. Refer to Attachment 1 for a zoning and vicinity map. Additionally, refer to the enclosed copy of ECDC 16.60 (Attachment 2) for information on the allowed uses and applicable development regulations for the CG zone. 2. Adjacent property zoning designations: North: General Commercial (CG) South: General Commercial (CG) East: General Commercial (CG) West: General Commercial (CG) 3. According to the zoning ordinances and regulations for this district, the current use of the subject property is a: ® Permitted Use by Right ❑ Permitted Use by Special/Specific Use Permit ❑ Copy Attached ❑ Copy Not Available (see comment) ❑ Legal Non -Conforming Use (no longer permitted by right due to amendments, re -zoning, variance granted or other changes. See comments) ❑ Non -Permitted Use Comment: The current commercial uses of the property are permitted uses within a CG zone. 4. To the best of our knowledge, the subject structure(s) was developed: ❑ in accordance with Current Zoning Code Requirements and is ❑ Legal Conforming ❑ Non -conforming (see comments) ® in accordance with Previous Zoning Code Requirements (amendments, rezoning, variance granted) and is Legal Non- conforming to current zoning requirements. ❑ Prior to the adoption of the Zoning Code and is Grandfathered/Legal Non -conforming to current zoning requirements. Comment: These sites were constructed between 1968 and 1978. 5. Information regarding variances, special permits/exceptions, ordinances or conditions: ® There do not appear to be any variances, special permits/exceptions, ordinances or conditions that apply to the subject property. ❑ The following apply to the subject property (see comments) ❑ Variance - Documentation attached or is otherwise, no longer available (see comment) ❑ Special Permit/Exception Documentation attached or is otherwise, no longer available (see comment) ❑ Ordinance Documentation attached or is otherwise, no longer available (see comment) ❑ Conditions Documentation attached or is otherwise, no longer available (see comment) 6. Rebuild: In the event of casualty, in whole or in part, the structure located on the subject property: Further study of the site against the provisions of the General Commercial (CG) zone is necessary in order to conclusively determine if any nonconforming issues exist. Any existing nonconforming issues would be subject to the nonconforming regulations and "rebuildability" requirements of ECDC Chapter 17.40 (Attachment 3). ECDC 17.40.020 defines a nonconforming building as "one which met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city." Please refer to the attached copy of ECDC 17.40.020 for the regulations applicable to nonconforming structures. Pursuant to ECDC 17.40.020.F: "If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit which vests as provided in ECDC 19.00.015, et seq., within one year of the date such damage occurred. This right of restoration shall not apply if 1. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or 2. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agents." 7. Code Violations Information: ® There do NOT appear to be any outstanding/open zoning, building or fire code violations that apply to the subject property. ❑ The following outstanding/open ❑ zoning / ❑ building / ❑fire code violations apply to the subject property: 8. Certificate of Occupancy, status: ® A valid Certificate of Occupancy has been issued for the subject property and is attached. ® Certificates of Occupancy have been issued and are in effect for all buildings and, if required, for all units at the Property; however, we are unable to locate a copy in our records. The absence of a copy of the Certificate(s) of Occupancy will not give rise to any enforcement action affecting the property. ❑ Certificates of Occupancy for projects constructed prior to the year are no longer on file with this office. The absence of a copy of the Certificate(s) of Occupancy will not give rise to any enforcement action affecting the property. A Certificate of Occupancy will only be required for new construction. ❑ A Certificate of Occupancy is not required for the subject property. Comment: A certificate of occupancy was found for 23166 Highway 99. These are all of the certificates of occupancy currently located within the street file for this property. I was unable to find a Coo for 23611 Highway 99. This information was researched on 27 April 2022, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to, the information supplied by the requestor. The Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. By: Printed Name: Amber Brokenshire Title: Planner Department: Planning Department, City of Edmonds Phone: 425-771-0220 Encl: Zoning and Vicinity Map ECDC Chapter 16.60 General Commercial ECDC Chapter 17.40 Nonconforming Uses, Buildings, Signs, and Lots 23611 Highway 99 Certificate of Occupancy = - City of Edmonds STF2022-0003 lynrwv d - ` �Ebmonds id� i Iry J -- L. Moun:l.:• �Terr� Legend k _ 0 ReZones - — PRD • .� RoW — r'- Zoning — - - -— --- RS-6 -- RS-8 -- C. RS-10 `\ RS-12 ® RSW-12 RS-20 RS-MP RM-3 ■ RM-2.4 ■ RM-1.5 RM-EW BD2 .. ( BD3 BD4 �!• Q 3 OR Or� 73711 WMU 23725. 0./ R -$ BP } . BN ® FVMU BC + 1: 1,516 O Notes 23601 HIGHWAY 0 126.30 252.6 Feet 99 2,257 188.1 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web _Mercator _Auxiliary -Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION �r Y Cit of Edmonds STF2022-0003 0 252.60 505.2 Feet 376.2 This ma is a user generated static output from an Internet mapping site and is for 4,514 p B p PP B reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web _Mercator _Auxiliary -Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Lynrww d F6—ds rN J %4.. W.I. �Terr� Legend ArcSDE.GIS.STREET CENTERLINE; — all other values, 1 2 514 9;71;7;8 State Highways <all other values> 0 1 2 Sections Boundary Sections I- Edmonds Boundary ArcSDE.GIS.PROPERTY_BUlILDIN( ArcSDE.GIS.STREET CENTERLINE; <all other values, Interstate Principal Arterial Minor Arterial; Collector Local Street, On Ramp State Highways ,all other values> 0 1 2 Notes 23601 HIGHWAY 99 Chapter 16.60 CG — GENERAL COMMERCIAL ZONE Sections 16.60.000 CG zone. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards — General. 16.60.030 Site development standards — Design. 16.60.040 Operating restrictions. 16.60.000 CG zone. A. This chapter establishes the general commercial zoning district. B. Definitions. For purposes of this chapter, the following definitions apply: 1. "Amenity space" means outdoor space for uses that are considered to provide an amenity or benefit to people. 2. "Auto sales use" means facilities for the commercial sale of motor vehicles, including buildings and areas typically associated with auto sales use, such as areas for the display and storage of automobiles that are sold or serviced as part of the overall auto sales use. 3. "Frontage" means the front part of a property or building adjacent to a street. 4. "Primary frontage" (or "primary street frontage") means the frontage for a property that is adjacent to only one street or, for a property that is adjacent to more than one street, the frontage that is adjacent to the street that is considered primary over any other streets to which the property is adjacent. 5. "Step -back" means the upper portion of a building that is required to be set (or stepped) further back than the minimum setback otherwise required by ECDC 16.60.020(A). C. Where this chapter conflicts with any other, this chapter shall prevail for the general commercial district. [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.005 Purposes. The CG zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Encourage economic vitality through businesses, investment, redevelopment, and efficient use of land; B. Encourage safe and comfortable access for pedestrians, transit, and motorists; C. Encourage attractive mixed -use development, affordable housing, and a variety of commercial uses; and D. Recognize the district's evolving identity and sense of place, including distinctions between different parts of the district, and be sensitive to adjacent residential zones. [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsections (B) and (D) of this section; 2. Halfway houses; 3. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. B. Permitted Secondary Uses. 1. Off-street parking and loading areas to serve a permitted use. 2. Indoor storage facilities that either comprise less than 40 percent of a permitted primary use of the building in which they are located or are in a separate accessory building or buildings comprising less than 40 percent of the total leasable building space used for the parcel's permitted primary use(s). 3. Outdoor storage areas that are integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales; provided, that such outdoor uses are screened from adjacent residential zoning districts. C. Prohibited Uses. 1. Mobile home parks. 2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.015 Location standards for sexually oriented businesses. All sexually oriented businesses shall comply with the requirements of this section, the development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (1) expressive dance; (2) plays, operas, musicals, or other dramatic works; (3) classes, seminars, or lectures conducted for a scientific or educational purpose; (4) printed materials or visual representations intended for educational or scientific purposes; (5) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (6) nudity within a hospital, clinic, or other similar medical facility for health -related purposes; and (7) all movies and videos that are rated G, PG, PG-13, R, and NC-17 by the Motion Picture Association of America. A. Separation Requirements. A sexually oriented business shall only be allowed to locate where specifically permitted and only if the following separation requirements are met: 1. No sexually oriented business shall be located closer than 300 feet to any of the following protected zones, whether such protected zone is located within or outside the city limits: a. A residential zone as defined in Chapter 16.10 ECDC; b. A public use zone as defined in Chapter 16.80 ECDC. 2. No sexually oriented business shall be located closer than 300 feet to any of the following protected uses, whether such protected use is located within or outside the city limits: a. A public park; b. A public library; c. A nursery school or preschool; d. A public or private primary or secondary school; e. A church, temple, mosque, synagogue, or other similar facility used primarily for religious worship; f. A community center such as an amusement park, public swimming pool, public playground, or other facility of similar size and scope used primarily by children and families for recreational or entertainment purposes; g. A permitted residential use located in a commercial zone; h. A museum; and i. A public hospital or hospital district. 3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern within or outside the city limits. B. Measurement. The separation requirements shall be measured by following a straight line from the nearest boundary line of a protected zone specified in subsection (A) of this section or nearest physical point of the structure housing a protected use specified in subsection (A) of this section to the nearest physical point of the tenant space occupied by a sexually oriented business. C. Variance from Separation Requirements. Variances may be granted from the separation requirements in subsection (A) of this section if the applicant demonstrates that the following criteria are met: 1. The natural physical features of the land would result in an effective separation between the proposed sexually oriented business and the protected zone or use in terms of visibility and access; 2. The proposed sexually oriented business complies with the goals and policies of the community development code; 3. The proposed sexually oriented business is otherwise compatible with adjacent and surrounding land uses; 4. There is a lack of alternative locations for the proposed sexually oriented business; and 5. The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed sexually oriented business. D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation requirements of this section shall not apply to a sexually oriented business once it has located within the city in accordance with the requirements of this section. [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.020 Site development standards — General. A. Table. Except as hereinafter provided, development requirements shall be as follows: Minimum Minimum Minimum Lot Minimum Lot Street Side/Rear Maximum Maximum Area Width Setback Setback Height Floor Area CG None None 5710'2 0715" 75'3 None Fifteen feet from all lot lines adjacent to RM or IRS zoned property; otherwise no setback is required by this subsection The five-foot minimum width applies only to permitted outdoor auto sales use; otherwise the minimum is 10 feet. None for structures located within an area designated as a high-rise node on the comprehensive plan map. B. Maximum height for purposes of this chapter need not include railings, chimneys, mechanical equipment or other exterior building appurtenances that do not provide interior livable space. In no case shall building appurtenances together comprise more than 20 percent of the building surface area above the maximum height. C. Pedestrian Area. 1. For purposes of this chapter, the pedestrian area described herein is the area adjacent to the street that encompasses the public right-of-way from the edge of the curb (or, if no curb, from the edge of pavement) and the street setback area, as identified in the table in subsection (A) of this section. 2. The pedestrian area is composed of three zones: the activity zone, the pedestrian zone, and the streetscape zone. Providing improvements to the pedestrian area, as needed to be consistent with this subsection on at least the primary street, is required as part of development projects, excluding development that would not add a new building or that consists of building improvements that do not add floor area equaling more than 10 percent of the building's existing floor area or that consists of additional parking stalls that comprise less than 10 percent of the existing parking stalls or that consists of development otherwise exempted under this chapter. a. Activity Zone. The activity zone shall be the open-air pedestrian area from the building front to the edge of the pedestrian zone. The activity zone is the section of the pedestrian area that is reserved for activities that commonly occur immediately adjacent to the building facade. Typical amenities or activities included in the activity zone include, but are not limited to, sidewalks, benches, potted plants, outdoor dining and shopping. The area shall be paved to connect with the pedestrian zone in an ADA- accessible manner. Stairs, stoops and raised decks or porches may be constructed in a portion of the activity zone. b. Pedestrian Zone. The pedestrian zone is located between the activity zone and the streetscape zone. The pedestrian zone consists of a minimum five-foot clear and unobstructed path for safe and efficient through traffic for pedestrians. Architectural projections and outdoor dining may be permitted to encroach into the pedestrian zone only where a minimum five-foot clear path and seven -foot vertical clearance is maintained within the pedestrian zone. c. Streetscape Zone. The streetscape zone is located between the curb or pavement edge to the edge of the pedestrian zone and shall be a minimum of five feet wide. The streetscape zone is the section that is reserved for pedestrian use and for amenities and facilities that commonly occur between the adjacent curb or pavement edge and pedestrian through traffic. Typical amenities and facilities in the streetscape zone include, but are not limited to, street trees, street lights, benches, bus stops, and bike racks. Street trees shall be required in conformance with the Edmonds Street Tree Plan. I C L C eo O N N tl N Q N -+�S'mn.S'-1Vt-.jC Is'-X.* Note: Numerical Ranges for the Pedestrian Zone and the Activity Zone are typical but do not control over other requirements of this chapter. (Illustration- Pedestrian area) D. Building Step -Back When Adjacent to IRS Zones. 1. The portion of the buildings above 25 feet in height shall step back no less than 10 feet from the required setback to an adjacent IRS zone. That portion of the building over 55 feet in height shall be step back no less than 20 feet from the required setback to an adjacent IRS zone. 2. Balconies, railings, parapets and similar features that do not enclose an interior space may extend into the step -back area in order to encourage more human activity and architectural features. mourn• �---�--- C 4 6 i F 4 a a �s 3 n 2 Its t (Illustration: Setback and "step -back" of building adjacent to RS zones) [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 20071. 16.60.030 Site development standards — Design. Design review by the architectural design board is required for any project that includes buildings exceeding 75 feet in height as identified in ECDC 16.60.020. Projects not exceeding this height may be reviewed by staff as a Type I decision. Regardless of what review process is required, all projects proposed in the CG zone must meet the design standards contained in this section. A. Screening and Buffering. 1. General. a. Retaining walls facing adjacent property or public rights -of -way shall not exceed seven feet in height. A minimum of four feet of planted terrace is required between stepped wall segments. b. Tree landscaping may be clustered to soften the view of a building or parking lot, yet allow visibility to signage and building entry. c. Stormwater facilities shall be designed to minimize visual impacts and integrate landscaping into the design. d. All parking lots are required to provide Type V interior landscaping, consistent with Chapter 20.13 ECDC. e. Type I landscaping is required for commercial, institutional and medical uses adjacent to single- family or multifamily zones. The buffer shall be a minimum of 10 feet in width and continuous in length. f. Type I landscaping is required for residential parking areas adjacent to single-family zones. The buffer shall be a minimum of four feet in width and continuous in length. g. Type I landscaping is required for commercial and multifamily uses adjacent to single-family zones. The buffer shall be a minimum of four feet in width and 10 feet in height and continuous in length. h. If there is a loading zone and/or trash compactor area next to a single-family or multifamily zone, there shall be a minimum of a six -foot -high masonry wall plus a minimum width of five feet of Type I landscaping. Trash and utility storage elements shall not be permitted to encroach within street setbacks or within setbacks adjacent to single-family zones. Mechanical equipment, including heat pumps and other mechanical elements, shall not be placed in the setbacks. Landscape buffers, Type I, shall be used along the edge of parking areas adjacent to single-family zones. j. Outdoor storage areas for commercial uses must be screened from adjacent RS zones. 2. Parking Lots Abutting Streets. a. Type IV landscaping, minimum five feet wide, is required along all street frontages where parking lots, excluding for auto sales use, abut the street right-of-way. b. For parking lots where auto sales uses are located, the minimum setback area must be landscaped to include a combination of vegetation and paved pedestrian areas. c. All parking located under the building shall be completely screened from the public street by one of the following methods: i. Walls that have architectural treatment meeting at least three of the elements listed in subsection (D)(2)(e) of this section; ii. Type III planting and a grill that is 25 percent opaque; or iii. Grill work that is at least 80 percent opaque. B. Parking, Access, and Bicycle Storage Standards. 1. Parking Requirements. Vehicle parking shall be provided as follows: a. Nonresidential uses, one space per 500 square feet of leasable building space; and b. Residential uses, an average of 0.75 space per unit that is less than 700 square feet, an average of 1.25 parking spaces per unit that is between 700 and 1,100 square feet, and otherwise 1.75 spaces per unit. c. In addition, guest parking for residential uses at a minimum ratio of one guest space for every 20 required parking spaces. d. For mixed -use development, a portion of the parking spaces may be shared between residential and commercial uses provided the director finds that the proposal is supported by a parking study and/or nationally recognized parking standards and that the site plan assures access for all shared parking uses. e. Parking meeting the nonresidential parking requirements shall be open to the public throughout business operating hours. 2. The first 3,000 square feet of commercial space in a mixed -use development with a shared parking plan is exempt from off-street parking requirements. 3. The development services director may approve a different ratio for the vehicle parking required by standards of subsection (I3)(1) of this section when an applicant submits parking data illustrating that the standards do not accurately apply to a specific development. The data submitted for an alternative parking ratio shall include, at a minimum, the size and type of the proposed development, and the anticipated peak and average parking loads of all uses. The director may approve a parking ratio that is based on the specific type of development and its primary users in relationship to: a. An analysis conducted using nationally recognized standards or methodology, such as is contained in the Urban Land Institute's most recent version of the publication "Shared Parking" or the latest version of the Institute of Transportation Engineers publication "Parking Generation"; or b. A site -specific parking study that includes data and analysis for one or more of the following: i. One -quarter -mile proximity to a bus rapid transit station and methodology that takes into account transit -oriented development; ii. Use of transportation demand management policies, including but not limited to free or subsidized transit passes for residents and workers; iii. On -site car -share and bike -share facilities; iv. Uses that serve patients, clients, or tenants who do not have the same vehicle parking needs as the general population; or v. Other methods that reduce the need for vehicle parking. 4. All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise allowed by this chapter, and shall be screened from the sidewalk by a wall or plantings between two to four feet in height. Outdoor parking areas shall comprise 40 percent or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. The requirements of this subsection do not apply to permitted auto sales uses. 5. Electric Vehicle Charging Stations. One or more electric vehicle charging stations must be provided for all new development that includes housing. Required charging stations shall be installed to serve at least 10 percent of the required residential parking stalls. In addition, either additional stations or planned capacity (or a combination thereof) that can double the amount of initially required stations shall be provided. For this subsection, "planned capacity" means site design and construction that includes electrical wiring connection and ventilation, compliant with the city's building codes, to support potential or actual future electric vehicle charging stations. 6. Bicycle Storage Spaces. Bicycle storage spaces for multifamily housing, excluding housing for assisted living or other specialized facilities where the development services director finds that the targeted population is not likely to use bicycles, shall be provided for residents at a ratio of one bicycle storage space for each residential unit under 700 square feet and two bicycle storage spaces for each residential unit greater than 700 square feet. Bicycle storage spaces shall consist of storage racks, lockers, or other secure space to accommodate sheltered, safe, and convenient bicycle storage for building residents. Such space may be in a vehicle parking garage or another appropriate location but shall not be provided as open storage on a deck or balcony. Where sheltered bicycle storage is being provided within a dedicated common space of the building, the total number of required bicycle storage spaces may be reduced by up to 50 percent from that which is otherwise required; provided, that one or more secure bicycle racks, useable by visitors, for at least four bicycles is provided within the front setback of the property. 7. Driveways Accessing Highway 99. All driveway connections to Highway 99 must meet the applicable requirements of the Washington State Department of Transportation, including minimum requirements for distance between driveway access connections, which may be up to 250 feet to help promote traffic safety and minimize pedestrian -vehicle conflicts. 8. Paths within Parking Lots. a. Pedestrian paths in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands. b. Pedestrian paths shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to on -site buildings as well as to pedestrian walkways that border the development. c. Pedestrian paths shall be a minimum of six feet in width and shall be separated from the parking area either horizontally or vertically (e.g., with curbs). Where paths cross vehicular lanes, raised traffic tables should be considered if feasible. d. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of every 100 feet. 9. Bonus for Parking Below or Above Ground Floor. a. For projects where at least 50 percent of the parking is below or above the ground floor of the building, the following standards may be applied regardless of any ECDC standards that otherwise conflict: i. The minimum drive aisle width may be reduced to 22 feet. ii. The maximum ramp slope may be increased to 20 percent. iii. A mixture of full and reduced width parking stalls may be provided without demonstrating the stalls could also be provided at full width dimensions. 10. Drive -Through Facilities. Drive -through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, and espresso stands, shall comply with the following: a. Drive -through windows and stacking lanes shall not be located along the facades of the building that face a street. b. No more than one direct entrance or exit from the drive -through shall be allowed as a separate curb cut onto an adjoining street. 11. Pedestrian and Transit Access. a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes where applicable. Potential future connections shall also be identified such that pedestrian access between developments can occur without walking in the parking or access areas. c. Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. d. Pedestrian routes shall connect buildings on the same site to each other. C. Site Design and Layout. Overall, the design and use of each site shall be based on the building/street relationship and on the integration of pedestrian features. This will take the form of either a pedestrian -oriented design area or an alternative walkable design area, as described in subsections (C)(1) and (2) of this section; provided, that an exceptions process, pursuant to subsection (C)(3) of this section, may be allowed under the provisions of this section. Additional site design and layout standards in this section must also be met. 1. Pedestrian -Oriented Design Area. Unless otherwise permitted under subsection (C)(2) or (3) of this section, development must meet the requirements of this subsection for a pedestrian -oriented design area. a. Primary Frontage. At least 50 percent of a building's facade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. The illustration below provides an example of this concept. The requirement does not apply to buildings that are behind another building on the same lot when the other building has a footprint of at least 3,000 square feet and has met the requirement. Where site constraints preclude strict compliance with the requirement, the building line shall be measured one foot behind the line created by that constraint. On a corner lot or a lot with frontages on multiple streets, the development services director shall determine the primary street frontage considering the following: i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; or iv. Unique characteristics of the lot or street. b. The building must include a prominent pedestrian entry on the primary frontage. Vehicle parking, other than where permitted for vehicle sales use, shall not be located within the first 20 feet of the primary street frontage. The first 20 feet of the primary street frontage may include building space, landscaping, artwork, seating areas, outdoor displays, and pedestrian and bicycle facilities. 2. Alternative Walkable Design Area Option. An alternative to the pedestrian -oriented design area requirements of subsection (C)(1) of this section may be allowed by the development services director only for sites that the director has found to have unique and significant constraints related to pedestrian access and for which a phased design plan to increase pedestrian access and connectivity has been submitted to the development services department. While they currently may be largely auto -oriented, walkable design areas have a high potential for walking, bicycling and transit service. If a development is allowed to use this standard, it shall be subject to the requirements of this subsection. a. Building Placement. For any new building permitted on a property after August 1, 2017, a minimum of 50 percent of the building's facade facing the primary street shall be located within 60 feet of the front property line or within 65 feet where a five-foot landscaping area is provided between the parking lot and the sidewalk. When site constraints preclude strict compliance with this requirement, the building line shall be measured one foot behind the line created by that constraint. b. On a corner lot or a lot with frontages on multiple streets, the development services director shall determine the primary street frontage considering the following- i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; iv. The location of any alley or parking areas-, or v. Unique characteristics of the lot or street. c. No more than one double -sided row of parking spaces shall be allowed in the front of a building on its primary frontage. d. A pedestrian entrance must be located on the primary frontage. Surdrq facade f2d.9 p —y -el oe Pedestrian entrance toted v hn 60 bet of the hoot PfoP" Yoe MAO ■rrr■ rrrrrrrrr■� -- �QM r, Vil Primary wee: honose e. Required amenity spaces, under subsection (C)(4) of this section, shall be located to connect the building to the street as much as practicable; provided, that amenity space may also be located between buildings where the space will be used in common. 3. Exceptions Process for Pedestrian or Walkable Design. An exception to the exact requirements of subsection (C)(1) or (2) of this section may be allowed by the hearing examiner under a Type IIIA decision process to provide for design flexibility that still encourages pedestrian orientation and efficient land uses when the following criteria are met- a. The property is located within 300 feet of a highway interchange and has unique pedestrian access constraints or is primarily used for motor vehicle sales; b. The development provides business and pedestrian areas that are near the primary street frontage and likely to be active throughout the day and evening; c. The development features a prominent building entry for pedestrian use that is highly visible and connected by a well -lit walkway from the primary street frontage; d. At least 25 percent of the required amenity space shall be located to connect the building to the street in a manner that encourages pedestrian use and include seating, landscaping, and artwork; e. Where a site has multiple buildings (excluding accessory utility buildings), 50 percent or more of the required amenity space shall be located between buildings to allow for shared use; f. No more than 50 percent of vehicle parking, other than that associated with a permitted vehicle sales facility use, may be located within 20 feet of the front property line; g. One or more buildings on the site must have at least two stories of useable space. 4. Amenity Space. Amenity space is intended to provide residents, employees, and visitors with places for a variety of outdoor activities. a. An area equivalent to at least five percent of the building footprint shall be provided as amenity space. If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least five percent of the additional parking area. b. The amenity space shall be outdoor space that incorporates pedestrian -oriented features, such as, but not limited to, seating, paths, gazebos, dining tables, pedestrian -scale lighting, and artwork. A minimum of 10 percent of the required amenity space shall be comprised of plantings, which may include tree canopy areas and other shade or screening features. Native vegetation is encouraged. c. The majority of the required amenity space must be provided in one or more of the following forms: i. Recreation areas: an open space available for recreation. The area may be spatially defined by landscaping rather than building frontages. Its surface shall consist primarily of hardy groundcover or a material conducive to playground or recreational use. Decorative landscape features, such as flower beds, shall not comprise more than 15 percent of the total area. ii. Plazas: an open space available for community gathering and commercial activities. A plaza shall be spatially defined primarily by either building facades, with strong connections to interior uses, or close proximity to the public sidewalk, especially at the intersection of streets. Its surface shall be primarily hardscape; provided, that trees, shade canopies, and other landscaping, as well as water features and artwork, may add visual or environmental features to the space. iii. Squares or courtyards: an open space available for unstructured recreation or community gathering purposes. A square is spatially defined by building facades with strong connections to interior uses. Its surface shall be primarily hardscape, supplemented by trees and other landscaping. Water features and artwork are optional. iv. Exception. A community garden may comprise a portion of any amenity space; provided, that it: (A) Is located more than 20 feet from a primary street frontage; (B) Is dedicated to ongoing use by residents of the site, including for growing edible produce; and (C) Includes facilities for watering the garden and storing garden supplies. 5. Lighting. All lighting shall be shielded and directed downward and away from adjacent parcels. This may be achieved through lower poles at the property lines and/or full "cut off' fixtures. a. Parking lots shall have lighting poles that are a maximum of 25 feet in height. Pedestrian paths or walkways and outdoor steps shall have pedestrian -scaled lighting focused on the travel path. Pole height shall be a maximum of 14 feet, although lighting bollards are preferred. b. For pedestrian paths and walkways on internal portions of the site, solar -powered lighting may be sufficient. c. Entries shall have lighting for safety and visibility integrated with the building/canopy. D. Building Design Standards. 1. General. To provide variety and interest in appearance, the following design elements should be considered, and a project shall demonstrate how at least four of the elements will be used to vary the design of the site: a. Building massing and unit layout; b. Placement of structures and setbacks; c. Location of pedestrian and vehicular facilities; d. Composition and character of open space, plant materials and street trees; e. Variety in architectural elements, facade articulation, and/or building materials; f. Roof variation in slope, height and/or materials. 2. Building Design and Massing. a. Buildings shall convey a visually distinct "base" and "top," which may be achieved through differences in massing elements and/or architectural details. b. The bulk and scale of buildings of over 3,000 square feet in footprint shall be mitigated through the use of massing and design elements such as facade articulation and modulation, setbacks, step -backs, distinctive roof lines or forms, and other design details. c. Primary Frontage. On the primary frontage, to provide visual connection between activities inside and outside the building, 50 percent of the building facade between two and 10 feet in height, as measured from the adjacent sidewalk, shall be comprised of windows or doors that are transparent, the bottom of which may not be more than four feet above the adjacent sidewalk. A departure from this standard may be approved when the facade will not be visible from the public street due to the placement of other buildings on the site; provided, that the requirements of subsection (D)(2)(e) of this section shall apply. a , ■ 50% Min Transparoncy (may inclodc all windows and glass doors, but not mirrored finishes) i. On the primary frontage, no vehicle parking shall be located within the first 20 feet of the first level of a building facing the street except where such parking is underground. d. All Other Building Frontages. All street -facing facades within 30 feet of a public street, other than for the primary frontage or those facing an alley or the last block of a dead-end street, shall comply with the standard below. i. Thirty percent of the building facade between two and 10 feet in height shall be made of windows or doors that are transparent, the bottom of which may not be more than four feet above the adjacent sidewalk. Windows shall not be mirrored or have glass tinted darker than 40 percent in order to meet this requirement. e. Wall Treatment. Building facades not subject to all requirements of subsection (D)(2)(c) or (d) of this section are intended to not display blank, unattractive walls to the public or to other building tenants. To accomplish this, walls greater than 30 feet in length shall have architectural treatment that incorporates at least four of the following elements into the design of the facade: i. Masonry (except for flat concrete block). ii. Concrete or masonry plinth at the base of the wall. iii. Belt courses of a different texture and color. iv. Projecting cornice. v. Projecting metal or wood canopy. vi. Decorative tilework. vii. Trellis containing planting. viii. Medallions. ix. Artwork or wall graphics. x. Vertical differentiation. xi. Decorative lighting fixtures. xii. Glazing. xiii. An architectural element not listed above that is approved by the director to meet the intent of this subsection. [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3736 § 11, 2009; Ord. 3635 § 1, 2007]. 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except the following 1. Public utilities; 2. Off street parking and loading areas; 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.010(B); 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 6. Public markets; provided, that when located next to a single-family residential zone, the market shall be entirely within a completely enclosed building; 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC; 8. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. B. Interim Use Status — Public Markets. Unless a public market is identified on a business license as a year- round market within the city of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary activity, any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established in this chapter. C. Ongoing Uses. 1. Audio equipment at drive -through facilities shall not be audible off site. 2. Development subject to the standards of this chapter shall continue to meet the standards of this chapter except as specifically permitted otherwise. [Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3932 § 8, 2013; Ord. 3902 § 5, 2012; Ord. 3635 § 1, 2007]. The Edmonds City Code and Community Development Code is current through Ordinance 4201, passed November 2, 2020. Disclaimer: The city clerk's office has the official version of the Edmonds City Code and Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: http://www.edmondswa.gov/ City Telephone: (425) 775-2525 Code Publishing Company Chapter 17.40 NONCONFORMING USES, BUILDINGS, SIGNS AND LOTS! Sections: 17.40.000 Purpose. 17.40.010 Nonconforming uses. 17.40.020 Nonconforming building and/or structure. 17.40.023 Amnesty for certain long -existing wireless communication facilities. 17.40.025 Vested nonconforming or illegal accessory dwelling units. 17.40.030 Nonconforming lots. 17.40.040 Nonconforming signs. 17.40.050 Nonconforming local public facilities. 17.40.060 Setback exemption. 17.40.000 Purpose. The purpose of this chapter is to allow certain nonconforming uses, buildings, signs and lots to continue while limiting the continuation of certain aspects of nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. [Ord. 3696 § 1, 2008]. 17.40.010 Nonconforming uses. A. Definition. A nonconforming use is one which was once allowed by applicable land use regulations, but is no longer allowed, due to the passage or later change of the ordinance codified in this chapter or a prior ordinance. B. Continuation. A nonconforming use may continue, unless required to be abated by subsection (C) of this section, but it may not be expanded in any way, including additional lot area, floor area, height, number of employees, equipment, or hours of operation, except as otherwise provided in ECDC 17.40.050. C. Lapse of Time. 1. If a nonconforming use ceases for a period of six continuous months, any later use of the property occupied by the former nonconforming use shall conform to this zoning ordinance. Uses such as agricultural uses, which vary seasonally, shall be deemed abandoned if the seasonal use is not utilized during one full season consistent with the traditional use. 2. If a nonconforming residential use ceases because its building is damaged in excess of 75 percent of its replacement cost, the use may be reestablished if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date such damage occurred. After the application has been filed, only one 180-day extension may be granted. 3. The right of reestablishment of use described in subsection (C)(2) of this section shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agent. In the event that subsection (C)(3)(a) or (b) of this section apply, the nonconforming use shall be abated if damage exceeds 25 percent of replacement cost. "Replacement cost" shall be determined as provided in ECDC 17.40.020(F). D. Conditional Uses. A legal use does not become nonconforming because the zone in which it is located is changed to a zone district which requires a conditional use permit for the use. However, the use may not be expanded, as provided for in subsection (B) of this section, without obtaining a conditional use permit. [Ord. 4151 § 1 (Att. A), 2019; Ord. 3696 § 1, 2008]. 17.40.020 Nonconforming building and/or structure. A. Definition. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. B. Continuation. A nonconforming building or structure may be maintained and continued, unless required to be abated elsewhere in this chapter or section, but it may not be changed or altered in any manner which increases the degree of nonconformity of the building except as expressly provided in subsections (C) through (1) of this section. C. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council -approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. Maintenance and Alterations. 1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted. 2. Solar Energy Installations on Buildings That Exceed Existing Height Limits. A rooftop solar energy installation mounted on a nonconforming building that exceeds the existing height limit may be approved as a Type II staff decision if: a. The installation exceeds the existing roof height by not more than 36 inches. b. The installation is designed and located in such a way as to provide reasonable solar access while limiting visual impacts on surrounding properties. 3. Alterations which otherwise conform to the provisions of the zoning ordinance, its site development and bulk standards, and which do not expand any nonconforming aspect of the building, shall be permitted. 4. In an effort to provide modular relief, minor architectural improvements in commercial and multifamily zones may encroach into the nonconforming setback adjacent to an access easement or public right-of-way not more than 30 inches. Minor architectural improvements may also be permitted in nonconforming side or rear yard setbacks only if they intrude not more than 30 inches nor one-half of the distance to the property line, whichever is less. "Minor architectural improvements" are defined as and limited to bay windows, eaves, chimneys and architectural detail such as cornices, medallions and decorative trim. Such improvements shall be required to obtain architectural design review. Nothing herein shall be interpreted to exempt such improvements in compliance with the State Building and Fire Codes. 5. Alterations required by law or the order of a public agency in order to meet health and safety regulations shall be permitted. E. Relocation. Should a nonconforming building or structure be moved horizontally for any reason for any distance, it shall thereafter come into conformance with the setback and lot coverage requirements for the zone in which it is located. Provided, however, that a building or structure may be moved on the same site without full compliance if the movement reduces the degree of nonconformity of the building or structure. Movement alone of a nonconforming building or structure to lessen an aspect of its nonconformity shall not require the owner thereof to bring the building or structure into compliance with other bulk or site development standards of the city applicable to the building or structure. Restoration. 1. If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or more of its replacement cost at the time of destruction, said building shall not be reconstructed except in full conformance with the provisions of the Edmonds Community Development Code. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of replacement costs may be repaired, and the building returned to its former size, shape and lot location as existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. within 18 months of the date such damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. 2. Residential Buildings. Existing nonconforming buildings in use solely for residential purposes, or structures attendant to such residential use, may be reconstructed without regard to the limitations of subsections (E) and (F) of this section, if, but only if, the following conditions are met: a. If a nonconforming multifamily residential building or a mixed use building containing multiple residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction, the building may be restored to the same density, height, setbacks or coverage as existing before the destruction or damage occurred if, but only if, an application for a building permit which vests as provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred. The director may grant a one-time extension of up to 180 days if a written extension request has been received from the applicant prior to the expiration of the initial 18 months. b. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a conforming neighboring lot or building would be limited by such remodel or reconstruction. c. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. d. A nonconforming residential single-family building may be rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. Substantial compliance shall be determined by the city as a Type II staff decision. The decision of the hearing examiner shall be final and appealable only as provided in ECDC 20.06.150. 3. The right of restoration shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or owner's agents; or c. The building was demolished for the purpose of redevelopment. G. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. H. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In the BD5 zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030(B). I. The antenna and related equipment of a nonconforming wireless communication facility may be completely replaced with a new antenna and related equipment; provided, that, upon replacement, the applicant shall use the best available methods and materials to enhance the appearance of the antenna and related equipment and/or screen it from view in a manner that improves the visual impact or the conspicuity of the nonconformity. [Ord. 4154 § 6 (Att. D), 2019; Ord. 4151 § 2 (Aft. A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14, 2009; Ord. 3696 § 1, 2008]. 17.40.023 Amnesty for certain long -existing wireless communication facilities. A. Any wireless communications facility that was established prior to August 5, 1998, and does not conform to the current standards of Chapter 20.50 ECDC shall be treated as a legal nonconforming wireless communication facility regardless of whether the original establishment of that wireless communication facility complied with applicable code that existed at the time of such establishment. B. The owner of such a facility must present substantial evidence that conclusively demonstrates that the wireless communications facility existed on or before August 5, 1998. All maintenance and alterations may be made in accordance with ECDC 17.40.020. [Ord. 3962 § 1, 2014]. 17.40.025 Vested nonconforming or illegal accessory dwelling units. A. Illegal or nonconforming accessory dwelling units which registered with the city during the registration period which ended October 16, 2000, at 5:00 p.m. are hereby declared to be legal nonconforming detached and attached accessory dwelling units (ADU). Accessory dwelling unit (ADU) is defined in Chapter 20.21 ECDC. B. Once registered, a formerly illegal or nonconforming ADU shall enjoy all the protections and privileges afforded to a nonconforming building under the provisions of ECDC 17.40.020. Legal nonconforming units which received a permit certificate confirming such status and listing the physical dimensions and other characteristics of the structure may be continued in accordance with such permit certificate. D. Failure to register a structure within the time period established by the provisions of this section shall be considered to be presumptive proof that such a unit is an illegal unit and subject to abatement. The owner of such structure may overcome such a presumption only by presentation of substantial and competent evidence which establishes the legal nonconforming nature of such building by clear and convincing evidence that the structure was permitted by Snohomish County or the city of Edmonds, was permitted by such agency and was in complete compliance with the applicable provisions of state law and county or city ordinance, at the dates such construction was initiated and was completed. [Ord. 4154 § 7 (Att. D), 2019; Ord. 3696 § 1, 2008]. 17.40.030 Nonconforming lots. A. Definition. A nonconforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development. B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, even though such lot does not meet the size, width, depth and other dimensional requirements of the district, so long as all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. In order to be developed a nonconforming lot must meet minimum lot size standards established by the provisions of this code, subject to the provisions of subsection (D) of this section. C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is to be and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code, except as specifically provided in subsection (D) of this section. Exception for Single -Family Dwelling Units. An applicant may build one single-family residence consisting of no more than one dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: 1. In an IRS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject property is located; and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development; and c. Existing housing stock will not be destroyed in order to create a new buildable lot. Lot Area Table Lot Sized % Needed for Zone Needed for Legal Lot Legal Lot (1) RS-20 60% 12,000 (2) RS-12 70% 8,400 (3) RS-10 75% 7,500 (4) IRS-8 80% 6,400 (5) RS-6 90% 5,400 2. An applicant applies for necessary permits to construct the unit within five years of the date the lot or parcel was annexed into the city and the lot or parcel was lawfully created under provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of Washington; or 3. An applicant may remodel or rebuild one residence on a nonconforming lot without regard to the 75 percent destruction requirement of ECDC 17.40.020(F) if a fully completed building permit application is submitted within one year of the destruction of the residence and all other development requirements of this code are complied with; or 4. The lot lines defining the lot or parcel were recorded in the Snohomish County recorder's office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way which meets the minimum requirements established by this code. [Ord. 3696 § 1, 2008]. 17.40.040 Nonconforming signs. Nonconforming signs are injurious to health, safety and welfare and destructive of the aesthetic and environmental living conditions which this zoning ordinance is intended to preserve and enhance. Nonconforming signs shall be brought into compliance with the provisions of Chapter 20.60 ECDC under the following terms and conditions: A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, except as provided below. The following acts are specifically permitted and shall not in and of themselves require conformance with the provisions of Chapter 20.60 ECDC: 1. Normal maintenance of the sign; 2. A change in the name of the business designated on the sign; or 3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident or an act of God. B. Any nonconforming sign shall be brought into immediate compliance with the code in the event that it is expanded in violation of subsection (A) of this section. None of the foregoing provisions relating to permitted maintenance, name change or preservation of the sign under subsection (A) of this section shall be construed so as to permit the continuation or preservation of any nonconforming off -premises sign. [Ord. 3696 § 1, 2008]. 17.40.050 Nonconforming local public facilities. A. Local Public Facilities. Existing legal nonconforming local public facility uses, buildings, and/or signs, owned and/or operated by local, state, or federal governmental entities, public service corporations, or common carriers (including agencies, districts, governmental corporations, public utilities, or similar entities) may be expanded, enlarged, altered, or modified, subject to review under Chapter 20.16 ECDC, Essential Public Facilities. [Ord. 3696 § 1, 2008]. 17.40.060 Setback exemption. A. Notwithstanding the current criteria in the ECDC relating to residential building setbacks, development projects in areas annexed by the city of Edmonds from unincorporated Snohomish County since January 1, 1994, with building permits from Snohomish County that were valid on the effective date of the annexation, but which have subsequently expired without final approval, shall be exempt from the setback requirements specified in ECDC 16.20.030 and 16.30.030; provided, that the development projects are (1) residential in nature; (2) located in residentially zoned areas of the city of Edmonds; (3) meet setback requirements of the then -current Snohomish County code in effect on the effective date of the annexation; (4) consistent with the plans approved by the county (it will be the applicant's responsibility to provide the city with evidence that the project was approved by the county); and (5) compliant with all other applicable criteria in the current ECDC. B. Nothing in this section shall be interpreted to allow any development project in the city of Edmonds, for which a valid building permit from the city is required under the current ECDC, to begin, proceed or be completed without the same. [Ord. 3756 § 1, 2009]. jOrd. 3696 enacted Chapter 17.40 ECC on August 31, 2008. Prior legislation: Ords. 2292, 2429, 2936, 3024, 3153, 3247, 3283, 3300, 3327, 3353 and 3515. The Edmonds City Code and Community Development Code is current through Ordinance 4232, passed August 24, 2021. Disclaimer: The city clerk's office has the official version of the Edmonds City Code and Community Development Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: https://www.edmondswa.gov/ City Telephone: (425) 775-2525 Code Publishing Company r � G q �I {T'7'Iffi T✓!T?'�'ZT�jS� ('[. 1(` •�,,,.,:,n.,,. -�f r I.:Y�. E I^C"�, �,yeeag-'Lla'" „-� !t +6+•��tt .,-;�-{,If'� .-'�TIS-'r,YJtYint. ,'� S'z At 23611 HIGHWAY 99 Occupancy established by this certificate: Building Permit Number 780454 Fire Zone 2 1Qo. Stories 3 F-2 Type Const.V— I Hour Basement Fluor Load signs _ in place (per Sec, 23o8 U.B.C.) — Capacity signs posted (per Sec. }}os (i) U.B.C.) Floor load and roum capacity signs, when required, must remain posted at all liniei. THE OFFICE BUILDING HAS BEEN INSPECTED AND APPROVED AS COMPLYING WITH PROVISIONS OF THE EDMONDS BUILDING CODE AND WITH UNIFORM BUILDING CODES. Issued this 22nd day of May ,9 79 CHIEF BUILDING OFFICIAL By This certificate shall be posted in a conspicuous public area and shall not be removed, mu aced or obscured and sha:: he main- tained in legible condition at all times. Any change of occupancy requires a new certificate. 2 ON "!�� �4%2� " - ra, " t 06-