Ordinance 43601
ORDINANCE NO. 4360
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO ACCESSORY DWELLING
UNITS (ADU), AMENDING THE EDMONDS CITY CODE AND
EDMONDS COMMUNITY DEVELOPMENT CODE AS THEY
PERTAIN TO ADU UTILITY REQUIREMENTS, ADU IMPACT
FEES, NONCONFORMING ADU REGULATIONS, ADU
PARKING REQUIREMENTS, ADU DEVELOPMENT
STANDARDS, ADU PERMIT PROCESSING REQUIREMENTS,
ADU RELATED DEFINITIONS, ADU USE RESTRICTIONS,
AND ADU RELATED SINGLE FAMILY ZONING
STANDARDS AND AUTHORIZING CITY STAFF TO
RELEASE PREVIOUSLY RECORDED ADU COVENANTS
AND REPEALING CERTAIN ADU RELATED CODE
SECTIONS.
WHEREAS, in 2023, the state legislature passed HB 1337 which requires jurisdictions like
Edmonds to update their development codes to allow for both attached and detached accessory
dwelling units (ADUs) and make related code changes to make it easier to create ADUs; and
WHEREAS, two of the most significant sections of HB 1337 have subsequently been
codified as RCW 36.70A.680 and RCW 36.70A.681; and
WHEREAS, RCW 36.70A.680(1) invalidates and preempts local laws that conflict with
that section and RCW 36.70A.681, stating:
(1)(a) Cities and counties planning under this chapter must adopt or amend by
ordinance, and incorporate into their development regulations, zoning regulations, and
other official controls the requirements of this section and of RCW 36.70A.681, to take
effect six months after the jurisdiction's next periodic comprehensive plan update required
under RCW 36.70A.130.
(b) In any city or county that has not adopted or amended ordinances, regulations,
or other official controls as required under this section, the requirements of this section and
RCW 36.70A.681 supersede, preempt, and invalidate any conflicting local development
regulations.
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WHEREAS, the city council held a public hearing on these proposed code revisions on
May 21, 2024;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. ADU Impact Fee Requirements. The following sections of the Edmonds City
Code are hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted
text is shown in strikethrough), which is attached hereto and incorporated herein as if fully set
forth: ECC 3.36.030, entitled “Assessment and payment of impact fees;” ECC 3.36.040, entitled
“Exemptions;” ECC 3.36.120, entitled “Park impact fee rates;” and ECC 3.36.125, entitled “Street
impact fee rates.”
Section 2. ADU Utility Requirements. The following sections of the Edmonds City Code
are hereby amended to read as set forth in Exhibit A (new text is shown in underline; deleted text
is shown in strikethrough), which is attached hereto and incorporated herein as if fully set forth:
ECC 7.30.030, entitled “Water rates – Meter installation charges;” ECC 7.30.035, entitled “Water
and sewer utility general facilities charges;” ECC 7.30.040, entitled “Utility charges – Sanitary
sewer;” and ECC 7.50.050, entitled “Stormwater rates and charges.”
Section 3. Amendments to Single Family Zoning Code. Chapter 16.20 of the Edmonds
Community Development Code, entitled “RS – Single Family Residential,” is hereby amended to
read as set forth in Exhibit A (new text is shown in underline; deleted text is shown in
strikethrough), which is attached hereto and incorporated herein as if fully set forth.
Section 4. Nonconforming ADU Regulations. The following sections of the Edmonds
Community Development Code are hereby amended to read as set forth in Exhibit A (new text is
shown in underline; deleted text is shown in strikethrough), which is attached hereto and
incorporated herein as if fully set forth: ECDC 17.40.020, entitled “Nonconforming building
and/or structure;” and ECDC 17.40.030, entitled “Nonconforming lots.”
Section 5. Repeal of Prior Nonconforming ADU Regulations. Section 17.40.025 of the
Edmonds Community Development Code, entitled “Vested nonconforming or illegal accessory
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dwelling units,” is hereby repealed as set forth in Exhibit A (new text is shown in underline;
deleted text is shown in strikethrough), which is attached hereto and incorporated herein as if fully
set forth.
Section 6. ADU Parking Requirements. Section 17.50.020 of the Edmonds Community
Development Code, entitled “Parking space requirements,” is hereby amended to read as set forth
in Exhibit A (new text is shown in underline; deleted text is shown in strikethrough), which is
attached hereto and incorporated herein as if fully set forth.
Section 7. ADU Permit Processing. The following sections of the Edmonds Community
Development Code are hereby amended to read as set forth in Exhibit A (new text is shown in
underline; deleted text is shown in strikethrough), which is attached hereto and incorporated herein
as if fully set forth: ECDC 20.01.003, entitled “Permit type and decision framework;” and ECDC
20.35.020 entitled “Applicability.”
Section 8. Repeal of Prior ADU Development Standards and Requirements. Chapter 20.21
of the Edmonds Community Development Code, entitled “Accessory dwelling units,” is hereby
repealed as set forth in Exhibit A (new text is shown in underline; deleted text is shown in
strikethrough), which is attached hereto and incorporated herein as if fully set forth.
Section 9. ADU Related Definitions. The following sections of the Edmonds Community
Development Code are hereby amended to read as set forth in Exhibit A(new text is shown in
underline; deleted text is shown in strikethrough), which is attached hereto and incorporated herein
as if fully set forth: ECDC 21.05.015, entitled “Accessory dwelling unit, attached;” ECDC
21.20.050, entitled “Dwelling unit;” ECDC 21.30.010, entitled “Family;” ECDC 21.35.013,
entitled “Gross floor area;” ECDC 21.35.030 entitled “Guest House;” ECDC 21.80.075 entitled
“Principal dwelling unit;” and ECDC 21.90.080 entitled “Single family dwelling (unit)”.
Section 10. Effect of Previously Recorded Covenants. The city shall not enforce the
provisions of previously recorded ADU covenants that conflict with state law for as long as state
law prohibits cities from requiring those covenants.
Section 11. 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.
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SUMMARY OF ORDINANCE NO. 4360
of the City of Edmonds, Washington
On the 11th day of June, 2024, the City Council of the City of Edmonds, passed Ordinance
No. 4360. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO ACCESSORY
DWELLING UNITS (ADU), AMENDING THE
EDMONDS CITY CODE AND EDMONDS
COMMUNITY DEVELOPMENT CODE AS THEY
PERTAIN TO ADU UTILITY REQUIREMENTS, ADU
IMPACT FEES, NONCONFORMING ADU
REGULATIONS, ADU PARKING REQUIREMENTS,
ADU DEVELOPMENT STANDARDS, ADU PERMIT
PROCESSING REQUIREMENTS, ADU RELATED
DEFINITIONS, ADU USE RESTRICTIONS, AND ADU
RELATED SINGLE FAMILY ZONING STANDARDS
AND AUTHORIZING CITY STAFF TO RELEASE
PREVIOUSLY RECORDED ADU COVENANTS AND
REPEALING CERTAIN ADU RELATED CODE
SECTIONS.
The full text of this Ordinance will be mailed upon request.
DATED this 11th day of June, 2024.
CITY CLERK, SCOTT PASSEY
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Exhibit A
3.36.030 Assessment and payment of impact fees.
A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125,
from any applicant seeking development approval from the city for any development activity
within the city as provided herein, including the expansion of existing structures or uses or
change of existing uses that creates additional demand for public facilities.
1. For the purposes of this chapter, development activity shall not include miscellaneous
improvements that do not add any demand for public facilities, including, but not limited
to, fences, walls, swimming pools accessory to a residential use, and signs.
2. For the purposes of this chapter, development activity shall not include replacement of
a residential structure with a new residential structure of the same type at the same site or
lot when such replacement occurs within 12 months of the demolition or destruction of the
prior residential structure. Replacement of a residential structure with a new residential
structure of the same type shall be interpreted to include any residential structure for
which there is no increase in the number of residential units.
3. For the purposes of this chapter, development activity shall not include alterations,
expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling
unit where no additional dwelling units are created and the use is not changed. Note:
accessory dwelling units (ADUs) are not considered to create additional dwelling units
because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a
single-family residential neighborhood.
B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee
rates in effect at the time of issuance of the building permit, including but not limited to change
of use permit or remodel permit.
1. For a change in use of an existing building or dwelling unit, including any alteration,
expansion, replacement or new accessory building, the impact fee shall be the applicable
impact fee for the new use, less an amount equal to the applicable impact fee for the prior
use.
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2. For mixed use developments, impact fees shall be imposed for the proportionate share
of each land use based on the applicable measurement in the impact fee rates set forth in
ECC 3.36.120 and 3.36.125.
3. Where the impact fees imposed are determined by the square footage of the
development, the building official will establish the gross floor area created by the
proposed development.
4. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ECC 3.36.050 shall submit, along with the complete
building permit application, a copy of the letter or certificate prepared by the director
pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded.
5. Applicants shall pay an administrative fee that covers the cost of staff time in
administering the impact fee program. The amount of the administrative fee shall be
established and updated from time to time by resolution of the city council.
C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time
the building permit or business license is issued by the city. The department shall not issue the
required building permit or business license or other approval unless and until the impact fees
set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed
exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building
permits may be issued without impact fee payment when payment is deferred in accordance
with ECC 3.36.160. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.040 Exemptions.
A. Except as provided for below, the following shall be exempted from the payment of all
impact fees under this chapter:
1. Alteration of an existing nonresidential structure that does not involve a change in use
and does not expand the usable space or add any residential units;
2. Miscellaneous improvements that do not expand usable space or add any residential
units, including, but not limited to, fences, walls, swimming pools, and signs;
3. Demolition or moving of a structure;
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4. Expansion of an existing structure that results in the addition of 100 square feet or less
of gross floor area;
5. Replacement of a structure with a new structure of the same size and use at the same
site or lot when a building permit application for such replacement is submitted to the city
within 12 months of the demolition or destruction of the prior structure. Replacement of a
structure with a new structure of the same size shall be interpreted to include any
structure for which the gross square footage of the building will not be increased by more
than 100 square feet; or
6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an
existing dwelling unit where no additional dwelling units are created and the use is not
changed. (accessory dwelling units (ADUs) are not considered to create additional dwelling
units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of
a single-family residential neighborhood, and because the city’s traffic model does not
assign additional trips to the network as a result of ADUs).
B. Low-income housing units shall be exempt from paying 80 percent of the street impact fees
to the extent the units satisfy this subsection. Such exemption shall be conditioned upon the
developer recording a covenant that prohibits using the low-income housing units for any
purpose other than for low-income housing. At a minimum, the covenant must address price
restrictions and household income limits for the low-income housing development, and that if
the property is converted to a use other than for low-income housing, the property owner must
pay the applicable impact fees in effect at the time of conversion. The covenant shall also
require the owner to submit an annual report to the city along with supporting documentation
that shows that the low-income units are continuing to be rented in compliance with the
covenant. The covenant shall be an obligation that runs with the land upon which the housing is
located. The covenant shall be in a form acceptable to the city attorney and shall be recorded
upon the developer’s payment of the remaining 20 percent of the street impact fee.
C. Except as provided for below, the following shall be exempted from the payment of park
impact fees under this chapter:
1. Low-income housing provided by nonprofit organizations such as, but not limited to,
Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums
and other low-income housing shall execute and record a lien against the property, in favor
of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be
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used for low-income housing or that impact fees from which the low-income housing is
exempted, plus interest, shall be paid. The lien against the property shall be subordinate
only to the lien for general taxes. In the event that the development is no longer used for
low-income rental housing, the owner shall pay the city the impact fee from which the
owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an
exemption for low-income owner occupied housing must be made no later than the time of
application for a building permit. Any claim not so made shall be deemed waived.
D. Early learning facilities shall be exempt from paying 80 percent of street and park impact
fees; provided, that the early learning facility satisfies the conditions of this subsection. Such
exemption shall be conditioned upon the developer recording a covenant that requires that at
least 25 percent of the children and families using the early learning facility qualify for state
subsidized child care, including early childhood education and assistance under Chapter 43.216
RCW, and that provides that if the property is converted to a use other than for an early
learning facility, the property owner must pay the applicable impact fees in effect at the time of
conversion, and that also provides that if at any point during a calendar year the early learning
facility does not achieve the required percentage of children and families qualified for state
subsidized child care using the early learning facility, the property owner must pay the
remaining impact fee that would have been imposed on the development had there not been
an exemption. The covenant shall also require the owner to submit an annual report to the city
along with supporting documentation that shows that the early learning facility is in compliance
with the covenant. The covenant shall be an obligation that runs with the land upon which the
early learning facility is located. The covenant shall be in a form acceptable to the city attorney
and shall be recorded upon the developer’s payment of the remaining 20 percent of the impact
fees.
E. The director shall be authorized to determine whether a particular development activity falls
within an exemption identified in this section, in any other section, or under other applicable
law. Determinations of the director shall be in writing and shall be subject to the appeals
procedures set forth in ECC 3.36.070. [Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A),
2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.120 Park impact fee rates.
The park impact fee rates in this section are generated from the formula for calculating impact
fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise
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provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and
credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee
applicable to the type of development as follows:
A. Effective October 1, 2014:
1. Single-family house: $2,734.05 per dwelling unit.
2. Accessory dwelling units: $1,367.03 per dwelling unit.
3. 2. Multifamily residential housing: $2,340.16 per dwelling unit.
4. 3. Nonresidential development: $1.34 per square foot. [Ord. 4048 § 1, 2016; Ord. 4037 § 1
(Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013].
3.36.125 Street impact fee rates.
The street impact fee rates in this section are generated from the formula for calculating impact
fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise
provided for herein, all new developments in the city will be charged the street impact fee
applicable to the type of development as follows in the table below.
For properties zoned BD – Downtown Business, an ITE Land Use Code of 814 – Specialty Retail
shall be applied.
ITE Land Use Code –
Description
Fee
Calculation
2016 (w/
$1,049.41
cost per
trip)
2017 (w/
$2,543.01
cost per
trip)
2018 (w/
$4,036.61
cost per
trip)
2019 and
beyond (w/
$5,530.21 cost
per trip)
110 – Light Industrial per square foot $1.50 $3.64 $5.77 $7.91
140 – Manufacturing per square foot $1.12 $2.72 $4.32 $5.92
151 – Mini-warehouse per square foot $0.40 $0.97 $1.54 $2.10
210 – Single-family house per dwelling
unit
$1,196.33 $2,873.60 $4,561.37 $6,249.14
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ITE Land Use Code –
Description
Fee
Calculation
2016 (w/
$1,049.41
cost per
trip)
2017 (w/
$2,543.01
cost per
trip)
2018 (w/
$4,036.61
cost per
trip)
2019 and
beyond (w/
$5,530.21 cost
per trip)
215 – Accessory dwelling units per dwelling
unit
$3,124.57
220 – Apartment per dwelling
unit
$776.56 $1,881.83 $2,987.09 $4,092.36
230 – Condominium per dwelling
unit
$629.65 $1,525.81 $2,421.97 $3,318.13
240 – Mobile home per dwelling
unit
$671.62 $1,627.53 $2,583.43 $3,539.33
251 – Senior Housing per dwelling
unit
$157.41 $584.89 $928.42 $1,271.95
320 – Motel per room $629.65 $1,525.81 $2,421.97 $3,318.13
420 – Marina per boat berth $188.89 $457.74 $726.59 $995.44
444 – Movie theater per screens $13,166.00 $31,905.90 $50,645.37 $69,384.85
492 – Health/fitness club per square foot $2.78 $6.74 $10.98 $14.66
530 – High school per square foot $0.82 $1.98 $3.15 $4.31
560 – Church per square foot $0.69 $1.68 $2.67 $3.65
565 – Day care center per square foot $6.57 $15.77 $25.02 $34.29
620 – Nursing home per bed $199.39 $483.17 $766.96 $1,050.74
710 – General office per square foot $2.07 $5.01 $7.95 $10.89
720 – Medical office per square foot $3.81 $9.54 $15.14 $20.74
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ITE Land Use Code –
Description
Fee
Calculation
2016 (w/
$1,049.41
cost per
trip)
2017 (w/
$2,543.01
cost per
trip)
2018 (w/
$4,036.61
cost per
trip)
2019 and
beyond (w/
$5,530.21 cost
per trip)
820 – Shopping center per square foot $1.34 $3.26 $5.17 $7.08
826 – Specialty retail per square foot $0.93 $2.06 $3.27 $4.48
850 – Supermarket per square foot $4.80 $10.50 $16.84 $22.84
850 – Convenience market 15 –
16 hrs
per square foot $5.80 $14.07 $22.38 $30.58
912 – Drive-in bank per square foot $7.00 $15.97 $25.41 $34.73
932 – Restaurant: sit-down per square foot $4.70 $10.04 $15.95 $21.84
933 – Fast food, no drive-up per square foot $9.19 $22.28 $35.36 $48.44
934 – Fast food with drive-up per square foot $11.23 $26.24 $41.66 $57.07
936 – Coffee/donut shop, no
drive-up
per square foot $5.73 $13.88 $22.04 $30.19
938 – Coffee/donut shop, drive-
up, no indoor seating
per square foot $10.55 $25.56 $40.37 $55.58
945 – Gas station with
convenience
per vehicle
fueling position
$3,347.62 $6,916.99 $10,979.58 $15,042.18
[Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016].
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7.30.030 Water rates – Meter installation charges.
A. Base Rate. The bimonthly rates of water supplied through meters shall be fixed at the
following levels:
Effective Date
Current 1/1/24 1/1/25 1/1/26
Single-family residence (per unit) $44.08 $48.05 $52.37 $57.08
Duplex, accessory dwelling unit(s)
(attached and detached), apartment
houses, condos and other multiunit
residences (per unit)
$38.82 $42.31 $46.12 $50.27
Effective Date
Current Meter 1/1/24 1/1/25 1/1/26
All other
customers
$53.30 3/4" $58.10 $63.33 $69.03
$108.51 1" $118.28 $128.92 $140.52
$200.66 1 1/2" $218.72 $238.40 $259.86
$305.92 2" $333.45 $363.46 $396.18
$659.94 3" $719.33 $784.07 $854.64
$934.80 4" $1,018.93 $1,110.64 $1,210.59
$1,895.91 6" $2,066.54 $2,252.53 $2,455.26
B. Variable Rate. In addition to the base rate set forth above, the customer shall be charged the
following rate per 100 cubic feet of water consumed:
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Effective Date
Variable Rate Current 1/1/24 1/1/25 1/1/26
$4.60 $5.01 $5.47 $5.96
For the purposes of understanding the reference to the “effective date” in the above tables, all
water base rate and variable rate charges on water utility bills mailed on or after January 1st of
each year shall be based on the adopted rates for that effective date even if the utility service
period reflected on the bill includes time from before the effective date.
C. Meter Installation Charges. Fees shall be at set forth in ECDC 15.00.020.
1. New service line and meter installation charges are required.
2. The actual cost of street restoration (with regard to all surface streets) shall be added to
any meter installation charge, if applicable.
D. All rates set forth in this section shall be exclusive of any applicable taxes.
E. Repealed by Ord. 3618. [Ord. 4333 § 4 (Exh. A), 2023; Ord. 4330 § 1, 2023; Ord. 4286 § 1, 2022; Ord. 4169
§ 1, 2019; Ord. 4052 § 1, 2016; Ord. 3945 § 1, 2013; Ord. 3903 § 1, 2012; Ord. 3802 § 1, 2010; Ord. 3618 § 2,
2006; Ord. 3616 §§ 1 – 3, 2006; Ord. 3400 § 1, 2002; Ord. 3339 § 2, 2000; Ord. 2974 §§ 1 and 2, 1994; Ord. 2898
§ 1, 1992; Ord. 2880 § 1, 1992; Ord. 2657 § 1, 1988; Ord. 2361 § 1, 1983; Ord. 2339 § 2, 1982; Ord. 2305 § 2,
1982; Ord. 2255 § 1, 1981; Ord. 2211 § 1, 1981; Ord. 2197 § 1, 1981; Ord. 2139, 1980; Ord. 1963 § 1, 1977; Ord.
1898 § 1, 1977; Ord. 1709 § 1, 1974; Ord. 1457 § 1, 1970; Ord. 1385 § 2, 1968; Ord. 1263 § 1, 1967; Ord. 0901,
1961; Ord. 0786 § 2, 1959].
7.30.035 Water and sewer utility general facilities charges.
A general facilities charge (GFC) (formerly known as a “connection charge”) shall be paid by each
customer connecting to the city’s water or sewer system in accordance with the following
requirements:
A. Sewer System GFC. The sanitary sewer GFC shall be paid at the time of side sewer permit
issuance. The payment amount shall be established based upon the GFC in effect on the date
of side sewer permit application. Sewer GFCs shall be in an amount per equivalent residential
unit (ERU) added as a result of the development as set forth below; provided, that
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nonresidential building permit and business license applicants shall pay sewer system GFC
when the proposed structure and/or business activity would generate additional probable
sewer usage.
1. Sewer system GFCs before the year 2024 shall be assessed on $4,417.00 equivalent
residential unit per (ERU) basis as follows:
a. A single-family residential applicant shall pay a GFC equal to one ERU per dwelling
unit.
b. A multifamily residential applicant shall pay a GFC equal to 0.67 ERU per dwelling
unit.
c. Applicants for nonresidential development shall pay a GFC equal to the ERU
determination that is made by the public works director. This determination shall be
made by estimating the probable sewer usage of the proposed development. In
estimating the probable sewer usage, the public works director may consider, among
other factors, the average winter water consumption for similar existing development
in the city. If the applicant disagrees with the director’s ERU determination, the
applicant may submit additional information and analysis from a qualified engineer,
with an additional $200.00 review fee, in support of a request for an alternate ERU
determination. The director shall review the request for an alternate ERU
determination and may accept the alternate calculation, revise the earlier ERU
determination based on the new information, or uphold the earlier ERU determination.
Once the director has made a final ERU determination, the applicant may pay the GFC
under protest and appeal the determination, along with the underlying permit, to the
hearing examiner.
2. Sewer system GFCs in the year 2024 and beyond shall be assessed on $6,598.00
equivalent residential unit (ERU) basis as follows:
a. A single-family residential applicant shall pay a GFC equal to one ERU per dwelling
unit.
b. A multifamily residential applicant shall pay a GFC equal to 0.67 ERU per dwelling
unit.
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c. An accessory dwelling unit (attached or detached) shall pay a GFC equal to 0.67 ERU
per dwelling unit.
d.c. Applicants for nonresidential development shall be assessed GFCs as follows:
i. The sewer system GFC for a development without an existing water meter shall
be paid upon, and according to the date of, application for sewer service, and
based upon an ERU equivalent for the size of the water meter to be installed, as
set forth in the table below.
ii. The sewer system GFC for a development with an existing water meter shall be
paid upon, and according to the date of, application for sewer service, and based
upon the difference in the upsize of water meter to be installed, as set forth in the
table above.
iii. A sewer system GFC shall not be assessed for a dedicated fire service.
Sewer GFC – ERU
Equivalent Water
Meter Size
Effective 2024 and
Beyond
3/4" Meter $6,598.00
1" Meter $16,495.00
1 1/2" Meter $32,990.00
2" Meter $52,784.00
3" Meter $105,568.00
4" Meter $164,950.00
6" Meter $329,900.00
8" Meter $527,840.00
B. Water System GFC. The water system GFC shall be paid at the time of issuance of the water
meter permit. The payment amount shall be established based upon the GFC in effect on the
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date of application for water meter. Water GFCs shall be based upon the size of the meter to be
installed, as set forth below:
Water GFC per
Water Meter
Size
Effective
Before 2024
Effective 2024
and Beyond
3/4" meter $5,050.00 $6,358.00
1" meter $12,624.00 $15,895.00
1 1/2" meter $25,248.00 $31,790.00
2" meter $40,397.00 $50,864.00
3" meter $80,794.00 $101,728.00
4" meter $126,240.00 $158,950.00
6" meter $252,480.00 $317,900.00
8" meter $403,968.00 $508,640.00
1. Water system GFCs before the year 2024 shall be assessed on the size of water meter to
be installed as set forth in the table above.
2. Water system GFCs in the year 2024 and beyond shall be assessed as follows:
a. The water system GFC for a development without an existing water meter shall be
based upon the size of the water meter to be installed, as set forth in the table above.
b. The water system GFC for a development with an existing water meter shall be
based upon the difference in upsize of the water meter to be installed, as set forth in
the table above.
c. For single water connections that provide fire protection and domestic service
through a combination water line, the GFC shall be based on domestic service demand
alone and shall not be subject to the cost differential when an up-sized water meter is
required to meet the design flow rate for an automatic fire sprinkler system. All other
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costs, including the expense of a larger meter, a general facility charge attributable to
the meter sized for the domestic service alone, and other permits and fees, shall
remain the responsibility of the owner. This provision only applies to a building
containing one or two dwelling units constructed under the International Residential
Code (IRC).
3. A water system GFC shall not be assessed for a dedicated fire service.
4. No water GFCs shall be levied for connections to water mains installed pursuant to local
Improvement Districts Nos. 115, 146, and 152 by properties which participated in the
establishment of said local improvement districts.
5. For the purposes of this section a water meter shall be considered an “existing water
meter” if a prior structure served by a water meter is replaced with a new structure on the
same site or lot when a water meter application for such replaced structure is submitted to
the city within 12 months of the demolition or destruction of the prior structure. [Ord. 4323
§ 1 (Exh. A), 2023; Ord. 3883 § 1 (Att. A), 2012; Ord. 3339 § 3, 2000].
14
7.30.040 Utility charges – Sanitary sewer.
The utility charges for sanitary sewer service set forth in this section shall be added to and
made a part of the bimonthly or monthly rates for water supplied through the meters as set
forth in ECC 7.30.030:
A. The following rates shall be charged on all billings after the effective date shown with
respect to the following customers and/or service:
Effective Date
Current 1/1/24 1/1/25 1/1/26
Single-family residence
(bimonthly per unit)
Connected $106.11 $117.25 $129.56 $142.52
Unconnected $17.14 $18.94 $20.93 $23.02
Duplex, accessory dwelling
unit(s) (attached and
detached), apartment houses,
condos, and other multiunit
residences (bimonthly per
unit)
Connected $85.26 $94.21 $104.10 $114.52
Unconnected $17.14 $18.94 $20.93 $23.02
All other customers
(bimonthly per unit)
Fixed rate $12.05 $13.32 $14.71 $16.18
Volume charge
(per ccf)*
$6.84 $7.56 $8.35 $9.19
* per 100 cubic feet (1 unit) of metered water consumption
For the purposes of understanding the reference to the “effective date” in the above tables, all
sanitary sewer rates and charges on sewer utility bills mailed on or after January 1st of each
year shall be based on the adopted rates for that effective date even if the utility service period
reflected on the bill includes time from before the effective date.
B. For customers who are not served by city waterlines but who are connected to city sewers,
the charges shall be the same as set forth in subsection A of this section and its subparagraphs.
15
C. These rates do not apply to industries or manufacturing concerns which have industrial
wastes. These, together with other activities not covered in this chapter, shall be dealt with on a
special basis and have special rates set for the particular business by the water/utility
administrative staff, subject to review and approval by the city council.
D. All property owners within an area served by a sanitary sewer system in the city of
Edmonds are hereby directed and compelled to connect their private drains and sewers to the
city system. Failure to do so within 30 days of written notice to connect by the city shall subject
the property owner to a monthly penalty equal to that charge imposed by subsections A, B,
and/or C above. Said penalty shall be billed to the property owner, and they shall be subject to
payment, collection and enforcement in all respects as though they were utility customers of
the city. All penalties collected shall be considered revenues of the sewer utility system.
7.50.050 Stormwater rates and charges.
A. The following rates shall be charged on all billings with respect to the following customers
and/or service:
Effective Date
Category Current 1/1/24 1/1/25 1/1/26
Single-family residential, accessory dwelling
unit(s) (attached and detached), and multifamily
residential (bimonthly per unit)
$46.90 $50.89 $55.21 $59.90
All other customers per ESU (bimonthly) $46.90 $50.89 $55.21 $59.90
For the purposes of understanding the reference to the “effective date” in the above tables all
stormwater rates and charges on stormwater utility bills mailed on or after January 1st of each
year shall be based on the adopted rates for that effective date even if the utility service period
reflected on the bill includes time from before the effective date.
B. An ESU is hereby defined to be the impervious surface area estimated to contribute an
amount of runoff which is approximately equal to that created by an average single-family
16
residential parcel. A single-family residential parcel is one ESU. For all other parcels, one ESU is
equivalent to 3,000 square feet of impervious surface area.
17
Chapter 16.20
RS – SINGLE-FAMILY RESIDENTIAL
Sections:
16.20.000 Purposes.
16.20.010 Uses.
16.20.020 Subdistricts.
16.20.030 Table of site development standards.
16.20.040 Site development exceptions.
16.20.045 Site development standards – Single-family master plan.
16.20.050 Site development standards – Accessory dwelling units.
16.20.06050 Site development standards – Accessory buildings.
16.20.000 Purposes.
The RS zone has the following specific purposes in addition to the general purposes for
residential zones of ECDC 16.00.010 and 16.10.000:
A. To reserve and regulate areas primarily for family living in single-family dwellings;
B. To provide for additional nonresidential uses which complement and are compatible with
single-family dwelling use. [Ord. 3547 § 1, 2005].
16.20.010 Uses.
A. Permitted Primary Uses.
1. Single-family dwelling units;
2. Churches, subject to the requirements of ECDC 17.100.020;
3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R);
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4. Local public facilities that are planned, designated, and sited in the capital improvement
plan, subject to the requirements of ECDC 17.100.050;
5. Neighborhood parks, natural open spaces, and community parks with an adopted
master plan subject to the requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Foster homes;
2. Accessory dwelling units, subject to the requirements of 16.20.050 ECDC;
3. 2. Home occupation, subject to the requirements of Chapter 20.20 ECDC;
3.4. The renting of rooms without separate kitchens to one or more persons;
5. 4. The following accessory buildings:
a. Fallout shelters,
b. Private greenhouses covering no more than five percent of the site,
c. Private stables,
d. Private parking for no more than five cars,
e. Private swimming pools and other private recreational facilities;
6. 5. Private residential docks or piers;
7. 6. Family day-care in a residential home;
8. 7. Commuter parking lots that contain less than 10 designated parking spaces in
conjunction with a church, school, or local public facility allowed or conditionally permitted
in this zone. Any additionally designated parking spaces that increase the total number of
spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking
lot to a conditional use permit as specified in subsection (D)(5) of this section, including
commuter parking lots that are located upon more than one lot as specified in ECDC
21.15.075;
9. 8. Bed and breakfasts, as in ECDC 20.23.020(A)(1).
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C. Primary Uses Requiring a Conditional Use Permit.
1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R);
2. Local public facilities that are not planned, designated, and sited in the capital
improvement plan, subject to ECDC 17.100.050;
3. Regional parks and community parks without a master plan subject to the requirements
of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Preschools;
2. Guest house;
2.3. Amateur radio transmitting antennas;
4. Accessory dwelling units;
3. 4. Commuter parking lots with 10 or more designated parking spaces in conjunction
with a church, school, or local public facility allowed or conditionally permitted in this zone;
and
4. 5. Bed and breakfasts, as in ECDC 20.23.020(A)(2). [Ord. 3988 § 7, 2015; Ord. 3900 § 4, 2012;
Ord. 3702 § 1, 2008; Ord. 3547 § 1, 2005].
16.20.020 Subdistricts.
There are established seven subdistricts of the RS zone in order to provide site development
standards for areas which differ in topography, location, existing development and other
factors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-10 zone, the
RS-12 zone, the RSW-12 zone, the RS-20 zone, and the RS-MP zone. [Ord. 3547 § 1, 2005].
20
16.20.030 Table of site development standards.
Sub
District
Minimum
Lot Area
(Sq. Ft.)
Maximum
Density1
Minimum
Lot
Width
Minimum
Street
Setback
Minimum
Side
Setback
Minimum
Rear
Setback
Maximum
Height
Maximum
Coverage
(%)
Minimum
Parking
Spaces2
RS-20 20,000 2.2 100' 25' 35'3 &
10'
25' 25' 35% 2
RS-12 12,000 3.7 80' 25' 10' 25' 25' 35% 2
RSW-
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12,000 3.7 — 15' 10' 35' 25' 35% 2
RS-10 10,000 4.4 75' 25' 10' 20' 25' 35% 2
RS-8 8,000 5.5 70' 25' 7-1/2' 15' 25' 35% 2
RS-6 6,000 7.3 60' 20' 5' 15' 25' 35% 2
RS-MP5 12,0005 3.75 80'5 25'5 10'5 25'5 25' 35% 2
1 Density means “dwelling units per acre” determined by dividing the total lot area by the density allowed by
the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole
number.
2 See Chapter 17.50 ECDC for specific parking requirements.
3 Thirty-five feet total of both sides, 10 feet minimum on either side.
4 Lots must have frontage on the ordinary high water line and a public street or access easement approved by
the hearing examiner.
5 “MP” signifies “master plan.” The standards in this section show the standards applicable to development
without an approved master plan. Properties in this zone may be developed at a higher urban density lot
pattern equivalent to RS-8 but this shall only be permitted in accordance with a duly adopted master plan
adopted under the provisions of ECDC 16.20.045.
[Ord. 3547 § 1, 2005].
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16.20.040 Site development exceptions.
A. Average Front Setback. If a block has residential buildings on more than one-half of the lots
on the same side of the block, the owner of a lot on that block may use the average of all the
setbacks of the existing residential buildings on the same side of the street as the minimum
required front setback for the lot. Detached structures such as garages; carports; and
uncovered porches, decks, steps and patios less than 30 inches in height, and other uncovered
structures less than 30 inches in height shall not be included in the “average front setback”
determination.
An applicant for such a determination shall provide a drawing which locates the street property
line for the entire block, as well as the existing street setbacks of all buildings required to be
used for the purpose of calculating the “average front setback.” The drawing shall be prepared
and stamped by a land surveyor registered in the state of Washington.
B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than
30 inches.
C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project
into a required setback not more than one-third of the required setback, or four feet, whichever
is less; provided, that they are no more than 30 inches above ground level at any point.
D. Reserved.
E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks
shall be side setbacks.
F. Docks, Piers, Floats.
1. Height. The height of a residential dock or pier shall not exceed five feet above the
ordinary high water mark. The height of attendant pilings shall not exceed five feet above
the ordinary high water mark or that height necessary to provide for temporary emergency
protection of floating docks.
2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet
or the average length of existing docks or piers within 300 feet of the subject dock or pier.
3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot
width when measured parallel to the shoreline.
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4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard
setback from a property line or a storm drainage outfall. Joint use docks or piers may be
located on the side property line; provided, that the abutting waterfront property owners
shall file a joint use maintenance agreement with the Snohomish County auditor in
conjunction with, and as a condition of, the issuance of a building permit. Joint use docks or
piers shall observe all other regulations of this subsection.
5. Number. No lot shall have more than one dock or pier or portion thereof located on the
lot.
6. Size. No residential dock or pier shall exceed 400 square feet.
7. Floats. Offshore recreational floats are prohibited.
8. Covered Buildings. No covered building shall be allowed on any residential dock or pier.
[Ord. 3845 § 5, 2011; Ord. 3547 § 1, 2005].
16.20.045 Site development standards – Single-family master plan.
A. General. The “single-family – master plan” zone is intended to apply to the area lying along
the south side of SR-104 north of 228th Street SW, where there are development constraints
related to access and traffic on SR-104. Development in this zone may be approved at RS-12
standards without an approved master plan. An approved master plan is required before any
development can occur at RS-8 densities.
B. Criteria for Approving a Master Plan. Properties seeking to develop at RS-6 or RS-8 densities
shall be developed according to a master plan (such as through a PRD) that clearly
demonstrates the following:
1. That access and lot configurations shall not result in additional curb cuts or unmitigated
traffic impacts on SR-104; at a minimum, a traffic study prepared by a traffic engineer
approved by the city shall clearly demonstrate this requirement.
2. That the configuration and arrangement of lots within the master plan area provide for
setbacks on the perimeter of the proposed development that are compatible with the
zoning standards applied to adjoining developed properties. For example, a master plan
adjoining developed lots in an RS-MP zone that were developed under RS-12 standards
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shall have RS-12 setbacks along common property lines, although the lot sizes, widths, and
other bulk standards may conform to the higher density lot configuration approved
through the master plan. [Ord. 3547 § 1, 2005].
16.20.050 Site development standards – Accessory dwelling units
A. General. Accessory dwelling units must meet all of the standards of Chapter 16.20 ECDC
except as specifically provided in this section. Detached accessory dwelling units are prohibited
in Critical Aquifer Recharge Areas as defined in 23.40.005 until six months after the
jurisdiction's next periodic comprehensive plan update required under RCW 36.70A.130 or June
30, 2025, whichever occurs first.
B. Number of Units. A principal dwelling unit may have two accessory dwelling units in the
following configurations: one attached and one detached accessory dwelling units, two
attached accessory dwelling units, or two detached accessory dwelling units.
C. Table of ADU development standards.
Sub District
Maximum ADU
Gross Floor
Area (Sq. Ft.)
Minimum
DADU Rear
Setback1,2
Maximum DADU
Height
Minimum Parking
Spaces
RS-20 1,200 25' 24' 04
RS-12 1,200 25' 24' 04
RS-10 1,200 20' 24' 04
RS-8 1,000 10'3 24' 04
RS-6 1,000 10'3 24' 04
1 No rear setbacks are required for detached accessory dwelling units from the rear lot line if
that lot line abuts a public alley, regardless of detached accessory dwelling unit size; provided
24
that separation from overhead electrical facilities and vehicular sight distance requirements can
be met..
2 Standard street and side setbacks per ECDC 16.20.030 apply.
3 The normally required rear setback may be reduced to a minimum of five feet for a detached
accessory dwelling units 15’ in height or less.
4 The first accessory dwelling unit on a lot does not require an additional parking space. A
second accessory dwelling unit on a lot requires one additional off-street parking space.
D. Types of Building. A manufactured or modular dwelling unit may be used as an accessory
dwelling unit. Detached accessory dwelling units are allowed to be created in existing legally
permitted buildings, including detached garages. Legal nonconforming buildings converted for
use as an accessory dwelling unit must meet the requirements of 17.40.020(D).
E. Driveways. Access to the principal unit and any residential units shall comply with city codes
and policies as established by ECDC Title 18.
F. Utilities.
1. Utility Access. Occupants of accessory dwelling units and the primary unit must have
unrestricted access to utility controls for systems (Including water, electricity, and gas) in
each respective unit or in a common area.
2. Water. Only one domestic water service and meter is allowed per parcel to serve the
principal unit and each accessory dwelling unit. Private submetering on the property is
allowed, but the City is not involved with installing or reading the submeter.
3. Sewer. Only one sewer lateral is allowed per parcel to serve the principal unit and
each accessory dwelling unit. Separate connections to the main trunk line will not be
permitted.
4. Septic System. Refer to ECDC Chapter 18.20.
5. Storm. Refer to ECDC Chapter 18.30.
6. Other Utilities, All new or extended utilities must be undergrounded in accordance
with ECDC 18.05.010.
25
7. Mailboxes. Additional mailboxes may be added for each permitted unit as approved
by the Post Office.
G. Health and Safety. Accessory dwelling units must comply with all the applicable requirements
of the current building codes adopted by ECDC Title 19 and must comply in all respects with the
provisions of the Edmonds Community Development Code. Accessory dwelling units will be
required to have separate ingress/egress from the principal dwelling unit.
H. Previously approved accessory dwelling units. ADUs that were previously approved by the City
of Edmonds may continue and are not subject to the standards of this subsection. If expansion
or modification to an approved unit is proposed, the ADU must come into full compliance with
the requirements of this section.
16.20.060 16.20.050 Site development standards – Accessory
buildings.
A. General. Accessory buildings and structures shall meet all of the standards of ECDC
16.20.030 except as specifically provided in this section.
B. Height. Height shall be limited to 15 feet, except for amateur radio transmitting antennas
and their supporting structures. Garages or other accessory buildings attached by a breezeway,
hallway, or other similar connection to the main building which results in a separation
exceeding 10 feet in length may not exceed the 15-foot height limit. The separation shall be
determined by the minimum distance between the outside walls of the main building and
accessory building, exclusive of the connecting structure.
C. Rear Setbacks. The normally required rear setback may be reduced to a minimum of five feet
for accessory buildings covering less than 600 square feet of the site.
D. Satellite Television Antenna. A satellite television antenna which measures greater than one
meter or 1.1 yards in diameter shall comply with the following regulations:
1. General. Satellite television antennas must be installed and maintained in compliance
with the Uniform Building and Electrical Codes as the same exist or are hereafter amended.
A building permit shall be required in order to install any such device.
26
2. Setbacks. In all zones subject to the provisions contained herein, a satellite television
antenna shall be located only in the rear yard of any lot. In the event that no usable satellite
signal can be obtained in the rear lot location or in the event that no rear lot exists as in the
case of a corner lot, satellite television antennas shall then be located in the side yard. In
the event that a usable satellite signal cannot be obtained in either the rear or side yard,
then a roof-mounted location may be approved by the staff; provided, however, that any
roof-mounted satellite antenna shall be in a color calculated to blend in with existing roof
materials and, in the case of a parabolic, spherical or dish antenna, shall not exceed nine
feet in diameter unless otherwise provided for by this section. In no event shall any roof-
mounted satellite television antenna exceed the maximum height limitations established
by this section.
3. Aesthetic. Satellite television antennas shall be finished in a nongarish, nonreflective
color and surface which shall blend into their surroundings. In the case of a parabolic,
spherical or dish antenna, said antenna shall be of a mesh construction. No commercial
advertising of any kind shall be displayed on the satellite television antenna.
4. Size and Height. Maximum size for a ground-mounted parabolic, spherical or dish
antenna shall be 12 feet in diameter. No ground-mounted antenna shall be greater than 15
feet in height unless otherwise approved for waiver as herein provided. The height of roof-
mounted satellite television antennas shall not exceed the lesser of the height of the
antenna when mounted on a standard base provided by the manufacturer or installer for
ordinary operation of the antenna or the height limitation provided by the zoning code.
5. Number. Only one satellite television antenna shall be permitted on any residential lot
or parcel of land. In no case shall a satellite television antenna be permitted to be placed
on wheels or attached to a portable device for the purpose of relocating the entire antenna
on the property in order to circumvent the intentions of this section.
E. Amateur Radio Antennas.
1. The following applications for the following approvals shall be processed as a Type II
development project permit application (see Chapter 20.01 ECDC):
a. Requests to utilize an amateur radio antenna dish which measures greater than
one meter or 1.1 yards in diameter;
b. Requests to utilize an antenna which:
27
i. Would be greater than 12 feet in height above the principal building on a site.
The height of the antenna shall be determined by reference to the highest point of
the roof of the principal building, exclusive of the chimney or other roof-mounted
equipment. The request to locate a 12-foot antenna on a building is limited to
buildings whose height conforms to the highest limit of the zone in which the
building is located.
ii. Would exceed the height limit of the zone when mounted on the ground or on
any accessory structure (see subsection (E)(2)(d) of this section).
2. The application shall comply with the following regulations:
a. Definition. “Amateur radio antenna” means an antenna, or any combination of a
mast or tower plus an attached or mounted antenna, which transmits noncommercial
communication signals and is utilized by an operator licensed by the Federal
Communications Commission. Guy wires for amateur radio antennas are considered
part of the structure for the purpose of meeting development standards.
b. General. Amateur radio antennas must be installed and maintained in compliance
with the Uniform Building and Electrical Codes, as the same exist or are hereafter
amended. A building permit shall be required to install an amateur radio antenna.
c. Location. Amateur radio antennas may be ground- or roof-mounted, however, these
devices shall:
i. Be located and constructed in such a manner as to reasonably ensure that, in
its fully extended position, it will not fall in or onto adjoining properties;
ii. Not be located within any required setback area; and
iii. Be retracted in inclement weather posing a hazard to the antenna.
d. Height. The height of a ground-mounted tower or roof-top antenna may not exceed
the greater of the height limit applicable to the zone or 65 feet when extended by a
telescoping or crank-up mechanism unless an applicant obtains a waiver (see
subsection (F) of this section).
i. Only telescoping towers may exceed the height limits established by subsection
(E)(1)(b) of this section. Such towers shall comply with the height limit within the
28
applicable zone and may only exceed the height limit of the applicable zone and/or
65-foot height limit when extended and operating and if a waiver has been
granted.
ii. An antenna located on a nonconforming building or structure which exceeds
the height limit of the zone in which it is located shall be limited to height limit of
the zone plus 12 feet.
e. Aesthetic. To the extent technically feasible and in compliance with safety
regulations, specific paint colors may be required to allow the tower to blend better
with its setting.
F. Technological Impracticality – Request for Waiver.
1. The owner, licensee or adjacent property owner may apply for a waiver if:
a. Strict application of the provisions of this zoning code would make it impossible for
the owner of a satellite television antenna to receive a usable satellite signal;
b. Strict application of the provisions of this zoning code would make it impossible for
the holder of any amateur radio license to enjoy the full benefits of an FCC license or
FCC protected right; or
c. An adjacent property owner or holder of an FCC license or right believes that
alternatives exist which are less burdensome to adjacent property owners.
2. The request for waiver shall be reviewed by the hearing examiner as a Type III-A
decision and may be granted upon a finding that one of the following sets of criteria have
been met:
a. Technological Impracticality.
i. Actual compliance with the existing provisions of the city’s zoning ordinance
would prevent the satellite television antenna from receiving a usable satellite
signal or prevent an individual from exercising the rights granted to him or her by
the Federal Communications Commission (FCC) by license, law or FCC regulation;
or
29
ii. The alternatives proposed by the property owner or licensee constitute the
minimum necessary to permit acquisition of a usable satellite signal by a satellite
television antenna or to exercise the rights granted pursuant to a valid FCC license,
law or FCC regulation.
b. Less Burdensome Alternatives. The hearing examiner is also authorized to consider
the application of adjacent property owners for a waiver consistent with the provisions
of subsection (F)(1)(c) of this section without the requirement of a finding that a usable
satellite signal cannot be acquired when the applicant or adjacent property owner(s)
establish that the alternatives proposed by the applicant are less burdensome to the
adjacent property owners than the requirements which would otherwise be imposed
under this section. For example, adjacent property owners may request alternative or
additional screening or the relocation of the antenna on the licensee’s property. In the
interactive process described in subsection (F)(3) of this section, the hearing examiner
shall attempt to balance the impact of the tower on the views of adjacent properties,
as well as the impacts of alternative screening and relocation in order to equitably
distribute any negative impacts among the neighbors while imposing reasonable
conditions on the antenna, its location and screening that do not impair the rights
granted by the FCC to the licensee.
3. The process shall be an interactive one in which the hearing examiner works with the
licensee to craft conditions which place the minimum possible burden on adjacent
property owners while permitting the owner of the satellite antenna or holder of an
amateur radio license to fully exercise the rights which he or she has been granted by
federal law. For example, the number of antennas and size of the array shall be no greater
than that necessary to enjoy full use of the FCC license. Conditions may include but are not
limited to requirements for screening and landscaping, review of the color, reflectivity and
mass of the proposed satellite television antenna or amateur radio facilities, and other
reasonable restrictions. Any restriction shall be consistent with the intent of the city council
that a waiver to the antenna owner be granted only when necessary to permit the satellite
television antenna to acquire usable satellite signal or to allow the licensee to exercise the
rights granted by Federal Communications Commission license after consideration of
aesthetic harmony of the community. The process employed should involve the interaction
of the licensee or owner and the neighborhood. Certain issues have been preempted by
federal law and shall not be considered by the hearing examiner. Such issues include, but
30
are not limited to, the impacts of electromagnetic radiation, the potential interference of
the amateur radio facility with electronic devices in the neighborhood and any other matter
preempted by federal law or regulation. Impact on view and on the values of neighboring
properties may be considered in imposing reasonable conditions but shall not be a basis
for denial of a permit to construct the antenna.
4. The application fee and notification for consideration of the waiver by an owner of a
satellite television antenna shall be the same as that provided for processing a variance. No
fee shall be charged to the holder of a valid FCC amateur radio license.
5. In the event that an applicant for waiver is also obligated to undergo architectural
design review, the architectural design board shall defer any issues relating to the antenna
and/or other amateur radio equipment to the hearing examiner. The hearing examiner
may, at his or her discretion, request the architectural design board review and comment
regarding required screening and landscaping and its integration into sight and
landscaping plans. No additional fee shall be required of the applicant upon such referral.
G. The provisions of subsections (D), (E) and (F) of this section shall be interpreted in
accordance with the regulations of the Federal Communications Commission including but not
limited to PRB-1. In the event of ambiguity or conflict with any of the apparent provisions of this
section, the provisions of federal regulations shall control. [Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3,
2009; Ord. 3547 § 1, 2005].
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.
31
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 (J) (I) 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.
D. 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
32
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.
F. 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
33
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.
34
G. Accessory Dwelling Units. A legal nonconforming detached accessory building may be
converted into an accessory dwelling unit provided it meets the standards in ECDC 16.20.050(E),
(F), and (G). Minor exterior modifications required for conversion into conditioned space or
other minor exterior modifications required by the International Residential Code adopted by
ECDC Title 19 may be permitted. ‘Minor exterior modifications’ include, but are not limited to,
egress windows, exhaust vents, and other minor modifications that are required for health and
safety as determined by the Building Official.
G. H. 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. I. 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. J. 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 (Att. A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2, 2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13, 14,
2009; Ord. 3696 § 1, 2008].
17.40.025 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.
35
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.
C. 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
36
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.
D. Exception for Single-Family Dwelling Units. An applicant may build one single-family residence,
and accessory dwelling units as permitted in ECDC 16.20.050, 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 RS 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
Zone
%
Needed
for
Legal
Lot
Lot
Sized
Needed
for
Legal
Lot
(1) RS-20 60% 12,000
(2) RS-12 70% 8,400
37
Lot Area Table
Zone
%
Needed
for
Legal
Lot
Lot
Sized
Needed
for
Legal
Lot
(3) RS-10 75% 7,500
(4) RS-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].
38
17.50.020 Parking space requirements.
[Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business
area.]
A. Residential.
1. Single-family and multifamily.
a. Single-family dwellings: two spaces per principal dwelling unit, except:
b. Multiple residential according to the following table:
Type of multiple
dwelling unit
Required parking
spaces per dwelling
unit
Studio 1.2
1 bedroom 1.5
2 bedrooms 1.8
3 or more
bedrooms
2.0
2. Boarding house: one space per bed.
3. Rest home, nursing home, convalescent home, residential social welfare facilities: one
space per three beds.
4. Single-family dwellings with accessory dwelling unit: three spaces total.
B. Business.
1. Retail stores, including art galleries, convenience stores, department stores, discount
stores, drug stores, grocery stores, supermarkets: one space per 300 square feet;
39
2. Furniture, appliances, and hardware stores: one space per 600 square feet;
3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair
shops: one space per 600 square feet;
4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square
feet;
5. Business and professional offices with on-site customer service: one space per 400
square feet;
6. Offices not providing on-site customer service: one space per 800 square feet;
7. Bowling alley: four spaces per bowling lane;
8. Commercial recreation: one space per 500 square feet, or one space for each customer
allowed by the maximum permitted occupant load;
9. Car repair, commercial garage: one space per 200 square feet;
10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per
500 square feet of lot area;
11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per
200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100
square feet gross floor area in excess of 4,000 square feet;
12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail
area;
13. Motels and hotels: one space per room or unit;
14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area
or one per three employees;
15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels:
one space per two employees on largest shift;
16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area,
whichever is greater;
40
17. Marina: to be determined by the hearing examiner, using information provided by the
applicant, and the following criteria:
a. The type of storage facility (moorage, dry storage, trailer parking) and intended use
(sailboats, fishing boats, leisure boats),
b. The need to accommodate overflow peak parking demand from other uses
accessory to the marina,
c. The availability and use of public transit;
18. Storage warehouse: one space per employee;
19. Wholesale warehouse: one space per employee;
20. Adult retail store: one space per 300 square feet;
21. Sexually oriented business (except adult retail store): one space for each customer
allowed by the maximum permitted occupant load.
C. Community Facilities.
1. Outdoor places of public assembly, including stadiums and arenas: one space per eight
fixed seats, or per 100 square feet of assembly area, whichever is greater;
2. Theaters: one space per five seats;
3. Indoor places of public assembly, including churches, auditoriums: one space per four
seats or one space per 40 square feet of assembly area, whichever is greater;
4. Elementary schools, junior high schools, boarding schools (elementary through senior
high), residential colleges and universities: six spaces per classroom, or one space per
daytime employee, whichever is greater;
5. Nonresidential colleges and universities: one space per daytime employee;
6. High schools (senior): one space per daytime employee;
7. Museums, libraries, art galleries: one space per 250 square feet;
8. Day-care centers and preschools: one space per 300 square feet, or one per employee,
plus one per five students, whichever is larger;
41
9. Hospitals: three spaces per bed;
10. Maintenance yard (public or public utility): one space per two employees.
D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for
parking standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4251 § 2 (Exh. A),
2022; Ord. 3496 § 2, 2004].
20.01.003 Permit type and decision framework.
A. Permit Types.
TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V
Zoning
compliance
letter
Accessory
dwelling unit
Contingent
critical area
review
Essential
public
facilities
Site specific
rezone
Lot line
adjustment
Formal
interpretation
of the text of
the ECDC by
the director
Shoreline
substantial
developme
nt permit,
where
public
hearing not
required
per ECDC
24.80.100
Technologic
al
impracticali
ty waiver
for amateur
radio
antennas
Developme
nt
agreement
s
Zoning text
amendment;
area-wide
zoning map
amendments
Critical area
determinatio
ns
SEPA
determination
s
Critical area
variance
Comprehensi
ve plan
amendments
Shoreline
exemptions
Preliminary
short plat
Contingent
critical area
review if
Condition
al use
permits
Annexations
42
TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V
public
hearing
requested
(where
public
hearing
by
hearing
examiner
is
required)
Minor
amendments
to planned
residential
development
Land
clearing/gradi
ng
Shoreline
substantial
developme
nt permit,
where
public
hearing is
required
per ECDC
24.80.100
Variances Development
regulations
Minor
preliminary
plat
amendment
Revisions to
shoreline
management
permits
Shoreline
conditional
use
Staff design
review,
including
signs
Administrativ
e variances
Shoreline
variance
Final short
plat
Land use
permit
Design
review
43
TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V
extension
requests
(where
public
hearing by
architectura
l design
board is
required)
Sales
office/model
(ECDC
17.70.005)
Guest house Preliminary
formal plat
Final formal
plats
Innocent
purchaser
determination
Preliminary
planned
residential
developme
nt
Final planned
residential
development
Staff design
review
pursuant to
ECDC
20.12.010(B)(2
)
B. Decision Table.
44
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT
APPLICATIONS (TYPE I – IV) LEGISLATIVE
TYPE I TYPE II-
A
TYPE II-
B TYPE III-A TYPE
III-B TYPE IV TYPE V
Recommendat
ion by:
N/A N/A N/A N/A N/A Planning
board
Planning
board
Final decision
by:
Direct
or
Director Director Hearing
examiner/A
DB
Hearin
g
examin
er
City council City council
Notice of
application:
No Yes Yes Yes Yes Yes No
Open record
public hearing
or open
record appeal
of a final
decision:
No Only if
appeale
d, open
record
hearing
before
hearing
examin
er
(1) If
director
decision
is
appeale
d, open
record
hearing
before
hearing
examin
er
(2) If
convert
ed to
Type III-
Yes, before
hearing
examiner
or board to
render final
decision
Yes,
before
hearing
examin
er or
board
to
render
final
decisio
n
Yes, before
planning
board which
makes
recommendat
ion to council
Yes, before
planning
board which
makes
recommendat
ion to council
or council
could hold its
own hearing
45
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT
APPLICATIONS (TYPE I – IV) LEGISLATIVE
TYPE I TYPE II-
A
TYPE II-
B TYPE III-A TYPE
III-B TYPE IV TYPE V
A
process
Closed record
review:
No No No No Yes,
before
the
council
Yes, before
the council
Judicial
appeal:
Yes Yes Yes Yes Yes Yes Yes
C. Any reference to “Type II” in the Edmonds Community Development Code without expressly
being modified as “Type II-B” shall be construed to mean Type II-A for the purposes of this
section unless the context clearly suggests otherwise. [Ord. 4302 § 2 (Att. A), 2023; Ord. 4299 § 39 (Exh.
A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 4072 § 7 (Att. G), 2017; Ord. 4026 § 4, 2016; Ord. 3982 § 4, 2014; Ord.
3817 § 1, 2010; Ord. 3806 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
Chapter 20.21
ACCESSORY DWELLING UNITS
Sections:
20.21.000 Purpose.
20.21.010 Accessory dwelling units prohibited.
20.21.020 Density limitation – Limitation on the total occupancy.
20.21.025 Application and filing fee.
20.21.030 Criteria for attached accessory dwelling units.
20.21.040 Nontransferability.
20.21.050 Preexisting accessory dwelling units.
20.21.060 Permit conditions.
46
20.21.000 Purpose.
The purpose of this chapter is to regulate the establishment of accessory dwelling units within
or in conjunction with single-family dwellings while preserving the character of single-family
neighborhoods. The primary purpose of this chapter shall be to permit establishment of
additional living quarters within single-family residential neighborhoods in order to (1) make it
possible for adult children to provide care and support to a parent or other relatives in need of
assistance, or (2) provide increased security and companionship for homeowners, or (3) provide
the opportunity for homeowners to gain the extra income necessary to help meet the rising
costs of home ownership, or (4) to provide for the care of disabled persons within their own
homes. [Ord. 3294 § 1, 2000].
20.21.010 Accessory dwelling units prohibited.
No accessory dwelling unit shall be permitted within any planned residential development or
any individual lot within such a development. [Ord. 3465 § 5, 2003].
20.21.020 Density limitation – Limitation on the total occupancy.
No lot shall be occupied by more than one family as defined in ECDC 21.30.010. This limitation
shall be interpreted to accomplish its purpose, which is to ensure that the approval of an
accessory dwelling unit shall not increase the overall density of a single-family residential
neighborhood. [Ord. 4260 § 1 (Exh. A), 2022; Ord. 3294 § 1, 2000].
20.21.025 Application and filing fee.
A. Application. Any person desiring approval of an accessory dwelling unit as defined by the
community development code shall submit an application containing all of the
information required by ECDC Title 20. as well as the following information:
1. An affidavit, signed by the property owner before a notary public, affirming that the
owner occupies either the main building or the accessory dwelling unit for more than six
months of the year.
47
2. A covenant in a form acceptable to the city attorney and suitable for recording with the
county auditor, providing notice to future owners or long-term lessors of the subject site
that the existence of the accessory dwelling unit is predicated upon the occupancy of either
the accessory dwelling unit or the primary dwelling by the current owner of the property,
and that the current owner must have a signed affidavit on file with the city meeting the
requirements of subsection (A)(1) of this section. The covenant shall also require any owner
of the property to notify a prospective buyer of the limitations of this chapter and to
provide for the removal of improvements added to convert the premises to an accessory
dwelling unit and the restoration of the site to a single-family dwelling in the event that any
condition of approval is violated.
3. If the permit lapses or the use ceases, at the request of the applicant, the city shall
record at its expense notice that the covenant and permit are void and without further
effect.
B. Filing Fee. All applications for an accessory dwelling unit permit shall be accompanied by the
filing fee for the permit and an amount sufficient to pay the recording fee of the covenant with
the Snohomish County auditor in the event the accessory dwelling unit conditional use permit
should be approved. [Ord. 3294 § 1, 2000].
20.21.030 Criteria for attached accessory dwelling units.
A. Permit Required. Any person who occupies or permits another person to occupy an attached
accessory dwelling unit as a place of residence shall first obtain . The permit shall be reviewed
and processed as a Type II decision (Staff decision – Notice required).
B. Number of Units. A single-family dwelling may have no more than one accessory dwelling
unit per lot. Building
C. Size. In no case shall an accessory dwelling unit be (1) larger than 40 percent of the livable
floor area of the principal dwelling, (2) nor more than 800 square feet, (3) nor have more than
two bedrooms; provided, if the accessory dwelling unit is completely located on a single floor,
the planning manager may allow increased size up to 50 percent of the floor area of the
principal dwelling in order to efficiently use all floor area, so long as all other standards set
forth in this chapter are met.
48
D. Utilities and Services. Location and Appearance. The single-family appearance and character of
the residence shall be maintained when viewed from the surrounding neighborhood. The
design of the accessory dwelling unit shall be incorporated into the design of the principal
dwelling unit and shall be designed to maintain the architectural design, style, appearance and
character of the main building as a single-family residence using matching materials, colors,
window style, and roof design. The primary entrance to the accessory dwelling unit shall be
located in such a manner as to be unobtrusive when viewed from the street. Whenever
possible, new entrances should be placed at the side or rear of the building. Only one electric,
one gas meter, and one water meter shall be allowed for the entire building, serving both the
primary residence and the accessory dwelling unit. An additional mailbox can be added to the
lot if the accessory dwelling unit is approved according to the requirements for an accessory
dwelling unit found in Chapter 20.21 ECDC. Accessory dwelling units must be located within or
attached to single-family dwelling units.
E. Parking. One off-street parking space in addition to the parking spaces normally required for
the principal dwelling shall be required to be provided for the accessory dwelling unit, but in no
event less than three spaces per lot.
F. Occupancy. Either the primary dwelling or the accessory dwelling unit shall be owner-
occupied. “Owner-occupied” shall mean a property owner who makes his or her legal residence
at the site, as evidenced by voter registration, vehicle registration, or similar means, and
actually resides at the site more than six months out of any given year, and at no time receives
rent for the owner-occupied unit. The owner(s) shall not rent the designated owner-occupied
unit at any time during the pendency of the ADU permit; any such rental shall void the permit.
The owner(s) shall not rent any portion of the owner-occupied residence either during the
owner(s)’ occupancy or while the owner is absent from the owner-occupied unit for any period.
In no event shall the occupants of the lot exceed one family as defined in this code.
G. Safety, Light, Ventilation, Floor Area and Similar Factors. Accessory dwelling units shall comply
with all applicable requirements of the Uniform Housing Code and the Uniform Building Code
adopted by ECDC Title 19 and shall comply in all respects with the provisions of the Edmonds
Community Development Code. No permit for an accessory dwelling unit shall be issued to a
nonconforming structure unless that structure is brought into conformance with the then
current provisions of this code. [Ord. 4260 § 2 (Exh. A), 2022; Ord. 3736 § 53, 2009; Ord. 3294 § 1, 2000].
49
20.21.040 Nontransferability.
A permit for an accessory dwelling unit shall not be transferable to any site other than the
subject site described in the application. [Ord. 3294 § 1, 2000].
20.21.050 Preexisting accessory dwelling units.
That portion of a single-family residence which meet the definition of accessory dwelling unit
which was in existence prior to February 1, 2000 , may continue in existence provided the
following requirements are met:
A. An application for an accessory dwelling unit which meets the appropriate criteria contained
in ECDC 20.21.030 is submitted within one year of February 1, 2000. The planning manager may
waive the size limitations contained in ECDC 20.21.030 if he or she finds that the reduction of
floor area required to bring the preexisting unit into compliance is impractical to achieve.
B. The unit complies with the minimum requirements of the Uniform Housing Code. [Ord. 3294
§ 1, 2000].
20.21.060 Permit conditions.
In addition to any conditions imposed during the permit approval process, permits for
accessory dwelling units shall state and are expressly subject to the condition that such a
permit shall expire automatically whenever:
A. The accessory dwelling unit is substantially altered and is thus no longer in conformance
with the plans and drawings reviewed and approved by the permitting authority and building
official.
B. The subject site ceases to maintain the required number of parking spaces.
C. The property owner ceases to reside in either the primary residence or the accessory
dwelling unit, the owner-occupied unit is rented, or the current owner fails to file the affidavit
required under ECDC 20.21.025(A)(1). [Ord. 3294 § 1, 2000].
50
20.35.020 Applicability.
A. Planned residential developments (PRDs) may be located in any residential zone of the city.
Uses permitted in the PRD shall be governed by the use regulations of the underlying zoning
classification.
1. PRDs in single-family zones shall be comprised of detached dwelling units on individual
lots, and any appurtenant common open space, recreational facilities or other areas or
facilities.
a. The PRD process is not available to single-family lots that are incapable of further
subdivision.
b. The PRD process shall not be used to reduce any bulk or performance standard not
specifically referenced herein. Bulk standards not referenced may be varied only in
accordance with Chapter 20.85 ECDC, Variances, or through the modification provision
provided through the subdivision process as outlined in Chapter 20.75 ECDC.
B. Property included in a PRD application must be under the ownership of the applicant, or the
applicant must be authorized pursuant to a durable power of attorney or other binding
contractual authorization in a form which may be recorded in the land records of Snohomish
County to process the application on behalf of all other owners.
C. Accessory dwelling units and h Home use occupations restricted by ECDC 20.20.010(B)
015(D) shall not be permitted within a PRD. [Ord. 3465 § 1, 2003].
21.05.015 Accessory dwelling unit, attached.
An attached accessory dwelling unit is a structure attached to or constructed within a single-
family dwelling (ADU) is a subordinate dwelling unit added to, created within, or detached from
a principal dwelling unit, providing independent living facilities that include permanent
provisions for living, sleeping, eating, cooking and sanitation. Accessory dwelling unit does not
include recreational vehicles or mobile homes. which has living facilities for one individual or
family separate from the primary single-family principal dwelling unit including at least, but not
limited to, a kitchen, bathroom, and sleeping quarters. An ADU shall not have its own mailbox,
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water meter, gas meter, and all garbage must be kept within a screened area in common to the
single-family home. [Ord. 3294 § 2, 2000].
21.20.050 Dwelling unit.
Dwelling unit means a residential living unit that provides complete independent living facilities
building, or portion thereof, providing complete housekeeping facilities for one or more
persons family, which includes permanent provisions for living, sleeping, eating, cooking and
sanitation. Dwelling unit does not include recreation vehicles or mobile homes. (See also,
Multiple Dwelling Units and Family.) [Ord. 4260 § 3 (Exh. A), 2022].
21.30.010 Family.
A. Family means individuals related or unrelated by genetics, adoption, or marriage living in a
dwelling unit.
B. The term “family” shall include:
1. State licensed adult family homes required to be recognized as residential use pursuant
to Chapter 70.128 RCW;
2. State licensed foster family homes and group care facilities as defined in RCW
74.15.180, subject to the exclusion of subsection (C) of this section;
3. Group homes for the disabled required to be accommodated as residential uses
pursuant to the Fair Housing Act amendments as the same exists or is hereafter amended.
C. The term “family” shall exclude individuals residing in halfway houses, crisis residential
centers as defined in RCW 74.15.020(1)(c), group homes licensed for juvenile offenders, or other
facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise
required to reside pursuant to court order under the supervision of paid staff and personnel.
D. Accessory Dwelling Units (ADUs). When an accessory dwelling unit (ADU) is approved pursuant
to Chapter 20.21 ECDC, only one of the dwelling units, either the primary residence or the ADU,
shall be used to house renters.
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D. E. Nothing herein shall be interpreted to limit normal hosting activities associated with
residential use. [Ord. 4260 § 4 (Exh. A), 2022; Ord. 3571 § 1, 2005; Ord. 3184 § 1, 1998].
21.35.013 Gross Floor Area.
An interior habitable area of an accessory dwelling unit, including basements and attics but not
including unconditioned space, such as a garage or non-habitable accessory structures.
21.35.030 Guest house.
Guest house means a detached structure with not more than two bedrooms, accessory to a
single-family dwelling, having no kitchen facilities, used primarily for sleeping quarters, not
occupied by paying tenants, and located on a lot of at least 20,000 square feet in area.
21.80.075 Principal dwelling unit
Primary housing unit located on the same lot as an accessory dwelling unit.
21.90.080 Single-family dwelling (unit).
Single-family dwelling (and single-family dwelling unit) means a detached building configured as
described herein and occupied or intended to be occupied by one family, limited to one per lot.
A single-family dwelling shall be limited to one mailbox, electric meter, gas meter, and water
meter. It will also have common access to and common use of all living, kitchen, and eating
areas within the dwelling unit. An additional mailbox can be added to the lot if it is associated
with an accessory dwelling unit approved according to the requirements for an accessory
dwelling unit found in Chapter 20.21 ECDC. [Ord. 4260 § 5 (Exh. A), 2022].