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2025-06-17 Council Committee of Whole PacketAgenda Edmonds City Council COUNCIL COMMITTEE OF THE WHOLE CITY COUNCIL CONFERENCE ROOM 121 - 5TH AVENUE N, EDMONDS, WA 98020 JUNE 17, 2025, 6:00 PM Edmonds City Council Agenda June 17, 2025 Page 1 COUNCIL COMMITTEE MEETINGS ARE WORK SESSIONS FOR THE COUNCIL AND CITY STAFF. COMMITTEE MEETING AGENDAS DO NOT INCLUDE AUDIENCE COMMENTS OR PUBLIC HEARINGS. PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN-PERSON ATTENDANCE CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM.US/J/95798484261 OR JOIN BY DIAL-UP PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY. IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121 5TH AVE N, EDMONDS WA. 1. CALL TO ORDER 2. COMMITTEE BUSINESS 1. City Administrator Position (30 min) 2. 2025 Legislative Wrap-Up Report (25 min) 3. Middle Housing Code Update: Discussion (45 min) 4. City Budget Scenario Discussion (45 min) ADJOURNMENT City Council Agenda Item Meeting Date: 06/17/2025 City Administrator Position Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Hoyson Background/History The Mayor has proposed the addition of a City Administrator position. This was first presented to Council 3/25/25. This agenda item is intended to provide additional information on the current scope of work of the Mayor, why a City Administrator is needed, what the City Administrator will do, how other strong mayor cities address administration of the city, and proposed compensation/budget impact Staff Recommendation Review provided information Narrative HR will go over the information in the attached PowerPoint presentation at the City Council meeting. Attachments: City Administrator City Administrator Presentation (Final) 2.1 Packet Pg. 2 Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date. City of EDMONDS Washington City Administrator Department: Mayor Pay Grade: NR-47 Bargaining Unit: Non-Represented FLSA Status: Exempt Revised Date: 03/10/2025 Reports To: Mayor FTE Equivalent: 1 POSITION PURPOSE: Under the direction of the Mayor, the incumbent is responsible for the efficient and economic administration of City government through effective management of available human, financial and material resources. The incumbent must possess experience managing growth and development within a large urban environment of an increasingly diverse community with a proven ability to work effectively with elected officials, civic and/or business leaders and senior management staff. Work is characterized by executive level work with the Mayor and City Council in the development of short and long-range goals and objectives for providing municipal services; to strategize with the Mayor on legislative priorities at the state and national level; to direct and motivate the Executive/Senior Management group in the development and implementation of programs to obtain results through the effective utilization of human, financial and material resources; to integrate interdepartmental activities as required; to report periodically on operations and recommendations for appropriate courses of action and improvements. The incumbent is required to exercise keen judgment, imagination and foresight in making administrative and management decisions and in meetings with state and federal administrative officials and legislators. Work is performed according to the policy directives of the Mayor and City Council and serves at the pleasure of the Mayor. This position is responsible for direct management the following Director positions: Public Works & Utilities Director, Planning & Development Director, Parks & Recreation Director. (This is a transitional organizational structure with the intent of eventually having all Director level positions report to the City Administrator). In addition, this position manages the City Public Records function and employees. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. 2.1.a Packet Pg. 3 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 2 of 4 JOB DESCRIPTION Click or tap here to enter text. Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date.  Serves as the Mayor’s Chief of Staff; organizes, directs, and motivates the leadership team in a manner that will assure the accomplishment of city objectives; assists in the selection and performance evaluation of directors by the Mayor; makes recommendations to the Mayor on resolving management performance issues.  Assists the Mayor to ensure the effective administration of city government by coordinating programs among departments so that the most effective degree of unified action may be attained.  Recommends to the Mayor an effective organizational structure to assure continuity of managerial and specialized skills capable of accomplishing city government objectives, as well as the Mayor’s and Council’s goals.  Directs development of financial plans for the future and development of revenue projections and new revenue opportunities; ensures the financial soundness and integrity of the city to capably meet commitments and continue to provide the high quality of service to the community; ensures long-range economic and financial planning for the City of Edmonds to provide optimum expansion of facilities to meet growth requirements and projects; recommends expenditures for the City of Edmond’s biennial budget to provide a sound basis within which to operate and in order to control costs.  Under the Mayor’s direction, develops, recommends, and implements plans and policies to effectively attain long and short-range goals and objectives of the City of Edmonds.  Confers with the City Attorney to assure that city laws and ordinances are carried out; assures compliance with applicable federal, state and local laws, codes and regulations.  Facilitates an effective relationship with the Mayor and the City Council to ensure the establishment of objectives and the successful pursuit of their policy leadership role.  Assures that the City of Edmonds maintains a position of leadership through the effectiveness of its city government by keeping abreast of trends and developments in city management, ensuring that the basic needs of the public are anticipated and satisfied.  Coordinates intergovernmental activities with the Mayor, City Council, City officials, government agencies and the community; meets with state and federal administrative officials and legislators to present the City’s viewpoint on pending administrative or legislative actions relating to daily operations and long-range planning.  Maintains an awareness of significant developments and legislative actions affecting the City of Edmonds, apprises the Mayor, Council and appropriate department heads and facilitates timely and appropriate action; reports to the Mayor and City Council on operations and recommends appropriate courses of action and improvements.  Provides for public relations and community relations; plans and develops policies to contribute to the goodwill and support of the city government.  Develops and maintain collaborative relationships with other local city administrators/city managers.  Delivers presentations to community interest and civic groups to further understanding between the city administration and the public.  Ensures direction, control, and measurement of results necessary to planned growth while maintaining an efficient balance between the quality and cost of city government.  Participates in Boards and Commissions as necessary. Required Knowledge of:  Principles and practices of municipal administration, including program planning, direction, coordination, evaluation and technical city operations and functions 2.1.a Packet Pg. 4 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 3 of 4 JOB DESCRIPTION Click or tap here to enter text. Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date.  Organization, finances, infrastructure, programs and services of municipal government  Effective and result-oriented management principles and practices  Applicable laws, codes, regulations, policies and procedures including, but not limited to, local governmental finances, labor and employment laws, property acquisition  Governmental functions, services, authorities, responsibilities and issues  The City's political environment and sensitivities, ability to function effectively in that environment  Communities dealing with the impact of growth on City's resources  Capital improvement programming and funding methods  City organization, operations, policies and objectives  Oral and written communications Required Skill in:  Effective organization and expression of ideas through use of oral and written communications  Effective presentation of information to top management, community groups, City task forces, committees, boards, and the public  Effective use of interpersonal skills in a tactful, patient and courteous manner  Conducting efficient and effective meetings  Effectively defusing disputes and building consensus and cooperation amongst groups with diverse and competing interests  Short and long-range strategic planning  Application of modern principles and practices to effectively direct, manage and motivate personnel  Effective development and maintenance of organizational and financial stability MINIMUM QUALIFICATIONS: Education and Experience: Education: Bachelor's degree in Business or Public Administration or a closely related field. Master’s degree and experience in Public Administration is highly preferred; and Experience: Seven (7) years of executive management experience including five (5) years of managerial experience in a position equivalent to deputy chief administrative officer in a similar sized organization, which would demonstrate the incumbent’s experience in financial administration, accounting, personnel management, or similar experience. Increasingly responsible management experience in the public sector is highly preferred. An equivalent combination of education, training and experience that will allow the incumbent to successfully perform the essential functions of the position may also be considered. 2.1.a Packet Pg. 5 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 4 of 4 JOB DESCRIPTION Click or tap here to enter text. Click or tap here to enter text. Last Reviewed: Click or tap to enter a date. Last Revised: Click or tap to enter a date. Required Licenses or Certifications:  A Valid WA State Driver’s License and a five-year driving abstract acceptable to the City’s insurance requirements is required for any position that will drive for City business.  A criminal background check is required following a verbal offer of employment. Criminal history is not an automatic employment disqualifier. Results are reviewed on a case-by-case basis. WORKING CONDITIONS: Environment:  Work is performed in an office environment subject to frequent interruptions; may be exposed to individuals who are irate or hostile; may be subject to long hours due to the attendance at City Council and Committee meetings and other responsibilities required at this executive level. The noise level in the work environment is usually moderate. Physical Abilities:  The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.  While performing the duties of this job, the incumbent is regularly required to sit, talk and hear; frequently required to use hands to finger, handle and feel; occasionally required to stand, walk and reach with hands and arms; and occasionally required to lift and/or move up to 35 pounds. Specific vision abilities required by this job include close, distance, color, and peripheral vision; depth perception; and the ability to adjust focus. Hazards:  Incumbent Signature: ____________________________________ Date: ________________________ Department Head: _______________________________________ Date: ________________________ 2.1.a Packet Pg. 6 At t a c h m e n t : C i t y A d m i n i s t r a t o r ( C i t y A d m i n i s t r a t o r P o s i t i o n ) City Administrator May 27, 2025 Jessica Neill Hoyson, HR Director Human Resources 2.1.b Packet Pg. 7 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 2 Context Our City operates under a strong mayor form of government, where the Mayor acts as the city's chief executive with administrative management of all city departments. While this structure centralizes authority, it also places a substantial operational burden on one elected official—often limiting strategic focus and administrative continuity. The population size of Edmonds, 43,420 requires a broad range of municipal services such as: managing city finances, hiring and firing staff, developing proposed policies, public safety, public works, utilities, planning and development, parks and recreation, and community services. Managing these services effectively requires professional, full-time administrative oversight that is often difficult for an elected mayor—whose role is also political and public-facing—to sustain alone. 2.1.b Packet Pg. 8 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 3 Mayoral Duties Without a City Administrator 1. Executive Leadership & Policy Implementation Enforces city laws, ordinances, and policies. Provides leadership on city-wide priorities and strategic direction. Develops and proposes policy initiatives to the City Council. Implements policies passed by the Council and ensures compliance across all departments. 2. Department Oversight and Management Direct supervision of all department heads Resolves interdepartmental issues and sets management priorities. Oversees performance management and discipline of senior staff. Coordinates departmental budgets, staffing levels, and operational plans. 3. Budget and Financial Management Leads the development of the annual city budget. Reviews and monitors expenditures, revenues, and fiscal health. Makes budget recommendations to the City Council and justifies funding decisions. 4. Human Resources and Personnel Administration Approves all hiring, promotions, disciplinary actions, and terminations. Supports Labor Negotiation process Decision maker on employee grievances and workplace issues. 2.1.b Packet Pg. 9 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 4 5. Public Relations and Community Engagement Serves as the public face of the City. Handles constituent concerns, complaints, and public feedback. Attends community events, press conferences, and ceremonial functions. Communicates the City’s vision, programs, and achievements. 6. Intergovernmental Relations Serves as the City’s chief liaison with: County, state, and federal governments Regional councils and interagency groups Lobbyists and grant agencies Advocates for city interests and monitors legislative impacts. 7. Emergency Management Directs emergency response and recovery during natural disasters, public health crises, or civil disturbances. Serves as incident commander or delegates emergency authority as needed. Coordinates with emergency services, public safety agencies, and relevant stakeholders. Mayoral Duties Without a City Administrator 2.1.b Packet Pg. 10 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 5 Mayoral duties without a City Administrator 8. Capital Projects and Infrastructure Planning Oversees planning and execution of public infrastructure projects (roads, buildings, utilities, etc.). 9. Legal and Risk Oversight Works with the City Attorney to ensure legal compliance in all municipal matters. Manages insurance and risk mitigation programs. 10. Council Relations and Agenda Management Prepares agendas, reports, and recommendations for City Council meetings. Attends and facilitates all Council meetings. Advises Council on policy matters and city operations. Ensures follow-through on Council directives and decisions. 2.1.b Packet Pg. 11 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 6 Why a City Administrator Is Needed 1. Administrative Efficiency and Professional Management A City Administrator brings professional expertise in public administration, budgeting, organizational management, and policy implementation. This role ensures day-to-day operations are handled consistently, efficiently, and in alignment with Council goals and community needs. It allows the Mayor to focus on strategic vision, intergovernmental relations, and leadership without being overwhelmed by the operational workload. 2. Continuity and Stability Mayors change due to elections, but the institutional knowledge and consistency needed for effective administration should remain intact. A City Administrator provides continuity across mayoral terms, reducing the disruption that can occur during transitions. This is particularly important for long-term projects, labor relations, infrastructure planning, and budget forecasting. 2.1.b Packet Pg. 12 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 7 Why a City Administrator Is Needed 4. Improved Accountability and Oversight A City Administrator can serve as a centralized point of accountability for operational performance, departmental coordination, and project management. This reduces siloed operations and improves transparency and communication across departments. 5. Support for the Mayor and Staff Having a City Administrator lightens the administrative load on the Mayor, enabling quicker response times, better decision-making, and more effective use of staff resources. It also enhances the effectiveness of department heads by providing them a direct line to a professional who is experienced in organizational best practices. 2.1.b Packet Pg. 13 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 8 Why a City Administrator Is Needed 6. Benchmarking with Similar-Sized Cities Many strong mayor cities with populations between 21,500 and 80,100 employ a City Administrator. Of the 17 Washington cities in that population range, 14 have a City Administrator or similar position. Edmonds is one of the three that do not have this type of position. The cities that have this type of position have found value in combining political leadership (Mayor) with professional management (Administrator), especially to manage growing populations and service demands. 2.1.b Packet Pg. 14 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 9 City Information in Population Range City Population Administrator? Redmond 80,040 Chief Operating Officer Marysville 74,390 City Administrator Bremerton 45,390 Edmonds 43,420 Lake Stevens 41,540 City Administrator Issaquah 41,500 CA & Deputy CA Lynnwood 41,500 Assistant City Administrator Wenatchee 36,040 City Administrator Mount Vernon 35,800 Pullman 33,680 City Administrator Camas 27,660 City Administrator Tumwater 27,470 CA & Deputy CA Oak Harbor 24,900 City Administrator Bonney Lake 23,320 City Administrator Arlington 22,980 City Administrator Tukwila 22,930 CA & Deputy CA Mukilteo 21,590 City Administrator Monroe 20,830 City Administrator 2.1.b Packet Pg. 15 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 10 What is being requested In order to add the City Administrator, with minimal financial impact, the following changes are proposed: 1.Eliminate the Community, Culture, Economic Development Director 2.Establish an Economic Development Program Manager 1.Do not fill this position until Council determines that resources are available in the future 2.The Mayor and the City Administrator would be responsible for economic development until this position is filled 3.Establish the City Administrator Position 1.The Mayor has proposed filling this internally with the current Community, Culture, Economic Development Director 1.Policy would limit the pay increase for this promotion/reclassification to 5% 2.Due to the position elimination and the limit of 5% for promotion, the total impact would be 5% over this employee’s current compensation. 1.This increase is approximately $888/month 2.Incumbent would receive a step increase after 6 months in the position 3.Next increases would occur annually 2.1.b Packet Pg. 16 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 11 Comparator Data for City Administrator Comp City Administrator City Manager City Form of Gov.salary low salary high salary low salary high Lacey Council/Manager $220,500 $282,252 Bothell Council/Manager $285,931 Shoreline Council/Manager $220,000 $250,000 SeaTac Council/Manager $257,960 Olympia Council/Manager $170,232 $255,348 Puyallup Council/Manager $245,472 Burien Council/Manager $232,763 Lynwood Mayor -Council $174,304 $224,390 Mukilteo Mayor -Council $148,793 $180,857 Issaquah Mayor -Council $214,974 $282,891 Median $174,304 $224,390 $220,000 $255,348 Low High Proposed Range NR -47 $181,092 $242,682 Median CA $174,304 $224,390 Median CM $220,000 $255,348 Combined Median $194,639 $252,674 Lacey: Also has an Assistant CA. Olympia: Also has 2 Assistant CM. Burien: CM receives $500/month car allowance. Lynwood: Position has always been an Assistant CA. Bothell, SeaTac, Puyallup, Burien: All provide flat amounts contractually with COLA’s. 2.1.b Packet Pg. 17 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) 12 Conclusion Establishing a City Administrator position is not a shift in power—it is a strategic enhancement of city management capacity. It reflects the maturity, size, and complexity of our municipality and is a forward- thinking investment in operational excellence, responsiveness, and fiscal responsibility. Council’s authorization of the addition of a City Administrator position will help to ensure we are equipped to meet the evolving needs of our community and continue delivering high-quality services efficiently. 2.1.b Packet Pg. 18 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) •Questions? 13 2.1.b Packet Pg. 19 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) THANK YOU 2.1.b Packet Pg. 20 At t a c h m e n t : C i t y A d m i n i s t r a t o r P r e s e n t a t i o n ( F i n a l ) ( C i t y A d m i n i s t r a t o r P o s i t i o n ) City Council Agenda Item Meeting Date: 06/17/2025 2025 Legislative Wrap-Up Report Staff Lead: Todd Tatum Department: Community Services Preparer: Todd Tatum Background/History N/A Staff Recommendation N/A Narrative The City's lobbyist, Debora Munguia will give an overview of the 2025 state legislative session which ended April 27, 2025. A copy of the report will be added to this agenda item prior to the meeting. 2.2 Packet Pg. 21 City Council Agenda Item Meeting Date: 06/17/2025 Middle Housing Code Update: Discussion Staff Lead: Brad Shipley Department: Planning Division Preparer: Brad Shipley Background The City of Edmonds is in the final stages of updating its zoning regulations to comply with HB 1110, which requires cities of Edmonds’ size to allow middle housing in areas historically zoned for single- family use. The legislation aims to increase housing supply, improve affordability, and support greater housing diversity across Washington. Over the past several months, staff have collaborated with the Planning Board and community members to develop code provisions that meet state requirements while aligning with Edmonds’ local values and priorities. The Planning Board transmitted its formal recommendation to City Council on May 21, 2025 (Attachment 1), following six months of deliberation, review of state guidance, and input from more than 200 community members. Council has since reviewed the draft and made additional amendments, which are reflected in the current version under consideration. Staff Recommendation This meeting provides an opportunity for City Council to discuss the remaining key decisions in preparation for code adoption scheduled for June 24. Narrative The Planning Board’s recommendation took a “minimum compliance” strategy, which adopts the necessary code changes required under HB 1110 while maintaining Edmonds’ established height, setback, and lot coverage standards wherever possible. This approach reflects extensive public feedback in favor of modest, context-sensitive change. In addition to the Planning Board’s recommendations, City Council voted on amendments to the recommendation. These are reflected in the updated draft and summarized below. Summary of City Council Amendments (June 3) · Accessory Dwelling Units (ADUs): Modifications to the reduced rear setback allowed for single- story ADUs. For LDR-S zone, setback changed from 5 feet to 7.5 feet. For LDR-M, setback changed from 5 feet to 10 feet. 2.3 Packet Pg. 22 · Lot Coverage. Reduced from 45% to 35% for all lots, regardless of density. Council also requested language allowing cottage housing density to scale with lot size and additional design standards to address concerns about townhouse design. These changes are included in the updated draft. Key Decisions Remaining for City Council: · Frontage Types. A limited set of private frontage standards (e.g., porches, building orientation) remain in draft form for Council consideration. These are intended to enhance compatibility and walkability but require further refinement. The Planning Board supported the concept but did not fully review the draft standards (see the Additional Considerations Section of Planning Board’s Recommendation in Attachment 1). · Staffing to Support Affordability Component. To implement and manage the affordability provisions, additional staffing is needed. Ongoing compliance (50+ years) will require dedicated resources. Preliminary duties are outlined in Attachment 5. · Design Standards for Townhouse-style Buildings (new). New provisions have been added to improve design quality and neighborhood fit. Modeled after the Side Court illustration. · Design Review Flexibility (new). A new provision allows departures from design standards when applicants demonstrate equal or better compliance with the intent. Staff would be required to document their rationale in the project record. · Cottage Housing Density (new). Language was added to allow cottage housing density to scale with lot size, enabling more cohesive development on larger lots without requiring subdivision. Next Steps: · June 17 - Additional discussion and final revisions · June 24 - Ordinance adoption with code and zoning map Attachments: Attachment 1 - Planning Board Recommendation Middle Housing Attachment 2: Middle Housing Draft Code_Redline Attachment 3: Zoning Map - Existing Attachment 4: Proposed Zoning Map - Draft Attachment 5: Presentation 2.3 Packet Pg. 23 Planning Board Recommendation: Middle Housing Code Update May 21, 2025 To: Mayor Rosen and Edmonds City Council From: Edmonds Planning Board Subject: Middle Housing Code Update Recommendation Purpose: This memo outlines the Planning Board’s (PB) recommendation for updating the development code to allow middle housing, in compliance with HB 1110 (2023/24) before the state-mandated deadline of June 30, 2025. The legislation requires cities to revise local zoning code to allow for a broader range of housing types in areas traditionally zoned for single-family development. Context: Most homes in Edmonds are currently located in RS zones and consist of primarily single- family detached dwellings. HB 1110 mandates cities like Edmonds to expand housing options by permitting a range of 'middle housing' types. The legislation does not require specific housing unit targets but rather outlines development thresholds and housing types that cities must accommodate. The Planning Board determined that the city would be complying by:  Defining allowable zoning densities, and  Selecting and allowing at least six of the nine middle housing types. Community feedback received during this process strongly supported preserving the existing aesthetic feel of Edmonds. Many residents favored a ‘minimal compliance’ approach—supporting only those changes required by state law, while retaining current 2.3.a Packet Pg. 24 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 2 | P a g e heights, setbacks and lot coverage standards. Townhouses were especially unpopular among respondents who cited poor examples from nearby jurisdictions. The Planning Board also recognizes that, over the past six months, Edmonds residents have been asked to engage with a significant amount of change—from local elections and the RFA vote to the Comprehensive Plan update and multiple rounds of code revisions. This volume of overlapping initiatives has made it more challenging for the community to absorb and respond to each issue. With that in mind, the Board approached its recommendation with a strong focus on clarity, balance, and responsiveness to the concerns expressed. This recommendation reflects the input received from more than 200 community members through public comments at the April 23 Public Hearing, May 1 Open House, written comments and ongoing Planning Board discussions. Process: The Planning Board reviewed and considered a range of resources (see Additional Resources section) for developing its recommendations, including:  HB 1110: Middle Housing legislation.  Preliminary and revised drafts of ECDC Title 16.  Washington State Department of Commerce’s Middle Housing Objective Design Standard Detailed Toolkit (June 2023).  City staƯ presentations on the 2025 Development Code Update and Design Review: Key Issues (Feb 26, 2025, March 26, 2025).  Planning Board’s Public Hearing on middle housing (April 23, 2025).  Neighborhood Centers and Hubs and Middle Housing Open House (May 1, 2025). Key Decisions: 1. New Zoning Framework The Planning Board supports reorganizing the current RS zone into a single Low-Density Residential (LDR) zone, with three overlays (see Low-Density Residential Overlays Summary Table (draft ECDC 16.20.015(C)):  LDR-Small Lot  LDR-Medium lot  LDR-Large Lot 2.3.a Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 3 | P a g e Considerations: The proposed overlays are intended to tailor site development standards to areas with diƯering topography, lot size, location, and existing development patterns. During discussions, the Planning Board also considered an LDR–Walkable (LDR-W) overlay as a tool to require sidewalk improvements in targeted areas—particularly along arterial streets and near mixed-use centers—where walkability is both desirable and needed. However, requiring sidewalk improvements as a condition of development must be applied consistently to both single-family and middle housing, according to state law. This means that even a new single-family home could trigger sidewalk requirements. As such, the Board felt it was important to limit any such requirements to very specific locations where the infrastructure need is greatest, rather than apply them broadly. The LDR-W overlay would have also allowed townhouses—a housing type that fits more comfortably within the context of walkable, mixed-use areas. However, due to the concept being outside the immediate scope of Phase II (which is focused on state compliance) and confusion from the public regarding its intent, the Planning Board ultimately chose not to advance the overlay in our recommendation. 2. Allowed Unit Density Consistent with state law and approved by the Planning Board with a 5-1 vote, the proposed base unit density limit is:  Up to two units per lot, and  Up to four units per lot on all lots within one-quarter mile walking distance of a major transit stop1; and  Up to four units per lot if at least one unit on the lot is aƯordable housing meeting specific requirements. Considerations: In reaching their recommendation, the Planning Board considered alternative approaches, including a flat density allowance of three units per lot—with up to four units permitted within one-quarter mile of a major transit stop. While this option would have reduced administrative complexity by removing the need to track long-term compliance with the aƯordability component, Board members generally agreed that supporting aƯordable housing is a central goal of the Comprehensive Plan. 1 Major transit stop” means: (a) A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops; (c) Stops on rail or fixed guideway systems; or (d) Stops on bus rapid transit routes, including those stops that are under construction. 2.3.a Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 4 | P a g e As such, they felt it was important to retain the aƯordability incentive as part of the updated code. The Planning Board acknowledges that implementing this policy will require sta Ư capacity to administer and monitor compliance over time. Given the City's current budget constraints, the Board recommends that City Council consider the need for additional staƯing and funding to support an eƯective and accountable aƯordable housing program. This program will likely require a greater level of involvement than the City’s existing MFTE (Multi-Family Tax Exemption) program. 3. Middle Housing Types The Planning Board unanimously voted to select the following six middle housing types :  Duplex  Stacked Duplex  Triplex  Fourplex  Cottage Housing  Courtyard Apartments Considerations: Townhouses were excluded from the list of permitted middle housing types due to strong public opposition and the design challenges they present in the context of infill development. From an urban design perspective, townhouses can be diƯicult to integrate into neighborhoods characterized by lower-scale, detached housing. This is especially true in areas with long, narrow lots—common in many parts of Edmonds—where townhouse configurations can lead to awkward site layouts, limited open space, and poor orientation. It’s also important to clarify that not all middle housing types are allowed in all areas. The Low-Density Residential Overlays Summary Table (ECDC 16.20.015(C)) identifies where specific housing types are permitted based on lot size and context. Some forms—such as cottage housing and courtyard apartments—are generally only feasible on larger lots due to their site planning needs. To help illustrate this point, the attached Lot Coverage and Unit Density Worksheet provides simplified examples showing how lot size, setbacks, and lot coverage constraints aƯect the buildable area. The examples highlight the challenges of fitting certain middle housing types on smaller lots, particularly when trying to ensure livable unit sizes and functional site layouts. 4. Accessory Dwelling Units (ADUs) and Unit Density Planning Board unanimously voted to count ADUs towards unit density—a decision left to local choice under the state law. 2.3.a Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 5 | P a g e Considerations: The Planning Board approached accessory dwelling units (ADUs) through the lens of their historical role—as accessory to a primary single-family home. This perspective also guided how middle housing types were considered. Under the recommended code, ADUs are only permitted in conjunction with detached single- family homes and are not allowed as accessory units to middle housing types. A property owner may not simply add a second single-family home to a lot where one already exists. They may add up to two ADUs to the existing home or choose to redevelop the site in a way that meets the definition of a middle housing type. This distinction is deliberate. The intent is to avoid an “ADU loophole” scenario, where two single-family homes are established on a lot and each is supplemented with two ADUs—resulting in six units without meeting aƯordability requirements or triggering appropriate review. If a property owner seeks that level of density, they would need to pursue a qualifying middle housing configuration, such as two duplexes, and meet either the aƯordability requirement or proximity-to-transit criteria. In short, single-family use remains distinct from middle housing. Allowing the scenario described above would conflict with the spirit of the legislation by enabling higher- density development while bypassing aƯordability provisions and potentially reducing impact fee obligations. 5. Lot Coverage The Board voted 4–2 to allow up to 45% lot coverage (up from 35%) for developments with 3 or 4 units across all LDR overlays, supporting livable unit sizes and functional site design. Considerations: The current code limits residential lot coverage to 35%, which raised concerns about the feasibility of constructing certain middle housing types— particularly on smaller or irregularly shaped lots. The Board was also concerned that the existing standard could result in overly constrained or undersized units. To address this, the Board supported allowing up to 45% lot coverage for developments with three or four units, provided the project meets the density criteria, either being located within one-quarter mile of a major transit stop or including at least one aƯordable unit. This targeted increase is intended to support more livable unit sizes, flexible site design, and better development outcomes without applying blanket increases across all residential projects. Additional details are provided in the attached Lot Coverage and Unit Density Table. 2.3.a Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 6 | P a g e 6. Density Bonus to Incentivize Cottage Housing The Planning Board voted 4–2 to allow up to six cottage housing units on a single lot within the LDR-L) overlay, provided that at least three of the six units meet the aƯordability requirement. Considerations: This incentive is intended to make cottage housing—a lower-impact, community-oriented housing type—more viable in the current market. Without this bonus, cottage housing is unlikely to be pursued, as it would have to compete with more financially lucrative middle housing types like fourplexes or stacked flats. Planning Board members also discussed how this approach could encourage creative partnerships between for-profit developers and aƯordable housing providers, where the market-rate units are developed by a private entity and the aƯordable units are constructed and managed by a nonprofit or public agency. By allowing a modest increase in unit count only when aƯordability is provided, this incentive supports both housing diversity and long-term community benefit Recommendation: Considering community feedback, the requirements of HB 1110, and the importance of aligning with Edmonds' long-standing values, the Planning Board recommends that City Council:  Adopt the proposed Middle Housing code update to ensure timely compliance with state law, understanding that further refinements may be addressed during Phase III code updates.  Preserve neighborhood character by retaining existing height and setback standards.  Permit increased lot coverage selectively for 3–4-unit developments, to support livable, functional housing types.  Allow six middle housing types—duplex, stacked duplex, triplex, fourplex, cottage housing, and courtyard apartments—while excluding townhouses based on design and compatibility concerns. Townhouses are still allowed in existing RM and other mixed-use zones.  Implement the new LDR zoning framework with contextual overlays to tailor development standards to local conditions and neighborhood patterns. 2.3.a Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 7 | P a g e This recommendation reflects a balanced approach—expanding housing options in a way that supports aƯordability, fits Edmonds’ character, and meets state requirements. Additional Considerations: Due to limited time and state-mandated adoption deadlines, the Planning Board was unable to fully explore several design topics that warrant further consideration. One of these was the use of prescribed frontage types to improve the relationship between private development and public space—particularly at the sidewalk. Frontage Types While the Board supported the concept of using frontage types to enhance pedestrian- oriented design, they ultimately voted not to include them in the Phase II recommendation. However, the draft code included the frontage types for Council’s further consideration. There was general agreement on their potential value, but not enough time to fully evaluate how they would apply across building types, zoning overlays, interact with setbacks, or respond to diƯerent site conditions. However, removing them entirely from the draft may require adjustments to other parts of the draft code and would impact on the overall regulatory structure. Thus, the Board recommends the following interim guidance: Interim guidance: To maintain momentum and minimize delays, if a pared down version of frontage types is retained, the Planning Board recommends including the following concepts in the draft ordinance:  Covered porches and building frontages shall not project into required front or side setbacks beyond clearly defined limits.  All primary entries should include a private frontage type, with flexibility (location, type, and size) based on site context. These adjustments provide a balanced interim approach while allowing for more refined frontage standards to be developed in Phase III. Considerations: The existing development code allows uncovered porches and decks to project up to 4 feet into front setbacks (ECDC 16.20.040(C)) The draft code expands frontage standards in the following ways, drawing from the Objective Design Standards Toolkit:  8-foot covered porch projections: Adapted from the Toolkit, this provision should be evaluated for its functional role and whether such depth is necessary in all contexts. 2.3.a Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 8 | P a g e  6-foot building projections (engaged porches): Based on Toolkit illustrations, these can be modified. This frontage may be appropriate in select cases—such as internally oriented cottage housing units facing a shared open space, where no setback encroachment occurs.  Required private frontage types at primary entries (draft code subsection 16.20.055.B.2): Establishes a baseline design expectation but could benefit from flexibility depending on site conditions. Concerns raised included:  Unvetted setback encroachments: Expanded porch and building projections may exceed what’s appropriate in certain contexts and were not fully analyzed. Limited flexibility on busy streets: Requiring street-facing entries may not be ideal for all locations. A possible solution is to apply the requirement only when the building is within a certain distance of the public right-of-way and clearly visible from the street.  Practical access concerns: Mandating orientation could limit convenient access for families, deliveries, or residents with mobility challenges—especially if secondary entries are not feasible. Additional Resources: User Guide for Middle Housing Model Ordinances (PDF) Model Ordinance for cities 25,000 and over (PDF) Middle Housing Objective Design Standard Detailed Toolkit (PDF) 2.3.a Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) PLANNING BOARD RECOMMENDATION: MIDDLE HOUSING CODE UPDATE 9 | P a g e Attachment A: Lot Coverage and Unit Density Worksheet 2.3.a Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Lot Area (sq. ft.)Lot Coverage One Unit Two Units Three Units Four Units Five Units Six Units 35%2,100 1,050 700 525 420 350 45%2,700 1,350 900 675 540 450 35%2,800 1,400 933 700 560 467 45%3,600 1,800 1,200 900 720 600 35%4,200 2,100 1,400 1,050 840 700 45%5,400 2,700 1,800 1,350 1,080 900 35%7,000 3,500 2,333 1,750 1,400 1,167 45%9,000 4,500 3,000 2,250 1,800 1,500 Max. Average Unit Footprint Based on Density 6,000 8,000 12,000 20,000 This simplified table illustrates the feasibility of developing middle housing types under current site development standards. It assumes the proposed minimum lot area for parent lots and applies lot coverage limits of 35% and 45%. All diagrams are drawn to scale to help visualize how setbacks, lot area, and lot coverage influence the buildable area on a typical lot. The table divides the total buildable area by the number of units to estimate a hypothetical average unit footprint under maximum buildout conditions. Note: This worksheet provides conceptual unit footprints under ideal site conditions. Actual development feasibility may vary depending on open space, parking, and critical area constraints. Lot Coverage and Unit Density Worksheet Visualizing Feasibility of Middle Housing Types Based on Proposed Lot Coverage Standards of 35% and 45% 2.3.a Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Se t b a c k A r e a 45 % L o t C o v e r a g e Bu i l d a b l e A r e a 35 % L o t C o v e r a g e 6, 0 0 0 s f . L o t 8, 0 0 0 s f . L o t 12 , 0 0 0 s f . L o t 20 , 0 0 0 s f . L o t 2.3.a Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t 1 - P l a n n i n g B o a r d R e c o m m e n d a t i o n M i d d l e H o u s i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Title 16 ZONE DISTRICTS Chapters: 16.00 Zone Districts – Preface and Purpose 16.10 Residential Zones – Purposes 16.20 RS – Single-FamilyLDR – Low Density Residential 16.30 RM – Multiple Residential 16.40 Business and Commercial Zones – Purposes 16.43 BD – Downtown Business 16.45 BN – Neighborhood Business 16.50 BC – Community Business 16.53 BP – Planned Business 16.55 CW – Commercial Waterfront 16.60 CG – General Commercial Zone 16.62 MU – Medical Use Zone 16.65 OS – Open Space 16.70 MR – Marine Resource 16.75 MP – Master Plan Hillside Mixed-Use Zone 16.77 OR – Office-Residential 16.80 P – Public Use 16.100 Firdale Village Mixed-Use Zoning Criteria 16.110 WMU – Westgate Mixed-Use Zone District 2.3.b Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.00 ZONE DISTRICTS – PREFACE AND PURPOSE Sections: 16.00.000 Title. 16.00.010 Purposes. 16.00.020 Applicable to other titles. 16.00.030 Repealed. 16.00.000 Title. ECDC Titles 16 and 17 may be referred to as the zoning ordinance. 16.00.010 Purposes. In addition to the purposes stated in the city’s comprehensive plan, the zoning ordinance shall have the following purposes: A. To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan; and B. To protect the character and the social and economic stability of residential, commercial, industrial, public, and other uses within the city, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. [Ord. 3240 § 1, 1999]. 2.3.b Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.00.020 Applicable to other titles. All uses in every zone district are subject to the general zoning regulations of ECDC Title 17 and to applicable regulations and policies contained in other titles of the community development code. 16.00.030 Adult motion picture theaters, etc., prohibited. Repealed by Ord. 3117. 2.3.b Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.10 RESIDENTIAL ZONES – PURPOSES Sections: 16.10.000 Purposes. 16.10.000 Purposes. The general purposes of the residential, or R,LDR (Low-Density Residential) and RM (Multi- Family Residential), zones are: A. To provide for areas of residential uses at a range of densities consistent with public health and safety and the adopted comprehensive plan; B. Any growth or development should strive to preserve for itself and its neighbors the following values: 1. Light (including direct sunlight), 2. Privacy, 3. Views, open spaces, shorelines and other natural features, 4. Freedom from air, water, noise and visual pollution; C. To provide for community facilities which complement residential areas and benefit from a residential environment; D. To minimize traffic congestion and avoid the overloading of utilities by relating the size and density of new buildings to the land around them, the capacity of nearby streets, and the availability of utilities; 2.3.b Packet Pg. 38 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) E. To protect residential uses from hazards and nuisances, such as fire, explosion, noxious fumes and noise, odor, dust, dirt, smoke, vibration, heat, glare, and heavy truck traffic, which may result from other, more intense, land uses. 2.3.b Packet Pg. 39 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.20 RS – SINGLE-FAMILYLDR – LOW DENSITY 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. 16.20.060 Site development standards – Accessory buildings. 16.20.005 General provisions. 16.20.010 Applicability 16.20.015 Overlays. 16.20.020 Unit density and affordable housing. 16.20.025 Uses. 16.20.035 Site development standards. 16.20.040 Design standards. 16.20.045 Parking standards. 16.20.050 Building standards. 16.20.055 Frontage types. 16.20.060 Site development standards – accessory dwellings. 16.20.065 Site development standards – accessory buildings and structures. 16.20.070 Infrastructure standards. 16.20.080 Severability. 16.20.090 Authority to make necessary corrections. 16.20.000 Purposes. The RSLDR 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; 2.3.b Packet Pg. 40 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) A. B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling useProvide land use, development, design, and other standards for middle housing developed on all lots zoned predominantly for residential use. 16.20.005 General provisions. A. Nothing in this ordinance prohibits the city from permitting detached single-family residences. B. Nothing in this ordinance prohibits the city from requiring any development, including middle housing development, to provide affordable housing, either on-site or through an in- lieu payment, nor limit the city's ability to expand or modify the requirements of an existing affordable housing program enacted under RCW 36.70A.540. C. Nothing in this ordinance requires the issuance of a building permit if other federal, state, and local requirements for a building permit are not met. D. Nothing in this ordinance affects or modifies the responsibilities of the city to plan for or provide “urban governmental services” as defined in RCW 36.70A.030. E. The city shall not approve a building permit for middle housing without compliance with the adequate water supply requirements of RCW 19.27.097. F. The city shall not require through development regulations any standards for middle housing that are more restrictive than those required for detached single-family residences but may apply any objective development regulations that are required for detached single- family residences, including, but not limited to, set-back, lot coverage, stormwater, clearing, and tree canopy and retention requirements. G. The same development permit and environmental review processes shall apply to middle housing that apply to detached single-family residences, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW. 2.3.b Packet Pg. 41 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) H. Conflicts. In the event of a conflict between this ordinance and other development regulations applicable to middle housing, the standards of this ordinance control except that, this subsection shall not apply to shoreline regulations under Chapter 90.58.RCW. [Ord. 4360 § 3 (Exh. A), 2024; Ord. 3547 § 1, 2005]. 16.20.010 Applicability. A. The provisions of this ordinance shall apply to all lots zoned predominantly for residential use, unless otherwise noted. B. The provisions of this ordinance do not apply to: 1. Portions of a lot, parcel, or tract designated with critical areas designated under RCW 36.70A.170 or their buffers as required by RCW 36.70A.170, except for critical aquifer recharge areas where a single-family detached house is an allowed use provided that any requirements to maintain aquifer recharge are met. 2. A lot that was created through "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments, provided the parent lot as a whole complies with applicable minimum lot size requirements, dimensional standards, and density limitations. 16.20.015 Overlays. A. Purpose. 1. This section provides three overlays for the LDR zone that organizes the zone to provide site development for areas which differ in topography, location, and existing development factors. These overlays are known as Low-Density Residential – Small Lot (LDR-S), Low- Density Residential – Medium Lot (LDR-M), and Low-Density Residential – Large Lot (LDR-L) Each overlay has a different set of site development characteristics. B. Applicability. 1. This section establishes overlay zones for the Low-Density Residential zone, as mapped on the City of Edmonds Zoning Map. 2.3.b Packet Pg. 42 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 2. The overlay zones are generally described in the summary tables found in 16.20.015(C) and further defined in 16.20.020 ECDC through 16.20.065 ECDC. C. Low-density residential overlays summary table. LDR – Small Lot LDR – Medium Lot LDR – Large Lot Intent: Walkable neighborhood environment with access to transit and mixed uses. Short blocks with some alley access. Small -to- medium building footprints. Intent: Neighborhoods have diverse characteristics, many within walking distance of a neighborhood center or hub. Small-to-medium building footprints. Intent: Neighborhoods are mostly auto oriented and typically not serviced by transit. Small-to-large building footprints. Environmentally sensitive areas are prevalent. General Characteristics (see subsection 16.20.030(D) ECDC for site development standards) Typical lot 6,000-7,500 sf. Typical lot 8,000-11,500 sf. Typical lot 12,000-20,000 sf Up to 2.5 stories Up to 2.5 stories Up to 2.5 stories Small setbacks Medium setbacks Large setbacks Walkable neighborhood Some walkable neighborhoods Further from amenities Near mixed uses Near mixed uses Environmentally sensitive areas Allowed Building Types (see Section 16.20.020 ECDC for unit density requirements) Detached House Detached House Detached House Accessory Dwelling Unit Accessory Dwelling Unit Accessory Dwelling Unit Duplex, side-by-side Duplex, side-by-side Duplex, side-by-side Stacked Flat Stacked Flat Stacked Flat Triplex Triplex Triplex Fourplex Fourplex Fourplex Cottage Housing Cottage Housing Courtyard Apartments Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Engaged Porch Engaged Porch Projecting Porch Projecting Porch Projecting Dooryard Dooryard Dooryard Stoop Stoop Stoop Common Entry Commented [BS1]: Block model illustrations will be revised to reflect final selected building types. Commented [BS2]: Frontage types were not included in the Planning Board’s formal recommendation due to time constraints and the complexity of fully evaluating their application across different contexts. However, the draft code retains example frontage types for City Council’s reference, should Council wish to adopt a simplified version to help preserve the intended regulatory framework. For additional context and discussion on this topic, please see the “Additional Considerations” section of the Planning Board’s recommendation. 2.3.b Packet Pg. 43 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.20.020 Unit density and affordable housing. A. The permitted unit density on all lots zoned predominantly for residential use is: 1. Two units per lot, unless zoning permitting higher densities or intensities applies. 2. Four units per lot on all lots within one-quarter mile walking distance of a major transit stop, unless zoning permitting higher densities or intensities applies. 3. Four units per lot if at least one unit on the lot is affordable housing meeting the requirements of subsections (D) through (H) below, unless zoning permitting higher densities or intensities applies. 4. For cottage housing: a. Within the LDR-L overlay, six units per lot if at least three units on the lot are affordable housing meeting the requirements of subsections (D) through (H) below. b. Unit Density for Cottage Housing Table. Qualifying Criteria LDR-M LDR-L Base Allowance One unit per 4,000 sf. of lot area. One unit per 6,000 sf. of lot area. Either meets the requirement of (A)(2) this subsection or at least 25 percent of the units meet the affordability requirements of subsections (D) through (H) below. One unit per 2,000 sf. of lot area. One unit per 3,000 sf. of lot area. At least 50 percent of the units meet the affordability requirements of subsections (D) through (H) below. N/A One unit per 2,000 sf. of lot area. Commented [BS3]: The following language in (b) is provided per CM Olson’s request to allow cottage housing be developed at a proportional rate to parent lot size. My understanding of the intent is to allow lots that are larger to develop into more of a cottage housing community. If (b) is the preferred method to manage unit density for cottage housing, then (a) is unnecessary and can be removed. 2.3.b Packet Pg. 44 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. The density standards of subsection (A) shall not authorize subdivision of any lot below the minimum lot area established for the underlying zone. However, this restriction does not prohibit "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments, provided the parent lot complies with applicable minimum lot size requirements, dimensional standards, and density limitations. C. Accessory dwelling units count as units for the purposes of this section. D. Dwelling units that qualify as affordable housing shall have costs, including utilities other than telephone, that do not exceed 30 percent of the monthly income of a household whose income does not exceed the following percentages of median household income adjusted for household size, for the county where the household is located, as reported by the United States Department of Housing and Urban Development: 1. Rental housing: 60 percent. 2. Owner-occupied housing: 80 percent. E. The units shall be maintained as affordable for a term of at least 50 years, and the property shall satisfy that commitment and all required affordability and income eligibility conditions. F. The applicant shall record a covenant or deed restriction that ensures the continuing rental or ownership of units subject to these affordability requirements consistent with the conditions in chapter 84.14 RCW for a period of no less than 50 years. G. The covenant or deed restriction shall address criteria and policies to maintain public benefit if the property is converted to a use other than that which continues to provide for permanently affordable housing. H. The units dedicated as affordable housing shall: 1. Be provided in a range of sizes comparable to other units in the development. 2. The number of bedrooms in affordable units shall be in the same proportion as the number of bedrooms in units within the entire development. 3. Generally, be distributed throughout the development and have substantially the same functionality as the other units in the development. 2.3.b Packet Pg. 45 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.20.025 Uses. A. A. Permitted The following uses are permitted on all lots zoned predominantly for residential use, unless zoning permitting higher densities or intensities than those listed in ECDC 16.20.020(A) applies: 1. Primary Uses. : a. 1. Single-family dwelling unitsdwellings; b. 2. Middle housing types; c. Churches, subject to the requirements of ECDC 17.100.020; d. 3. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); e. 4. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; f. 5. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. 2. B. Permitted Secondary Uses. a. 1. Foster homes; b. 2. Accessory dwelling units, subject to the requirements of ECDC 16.20.050060; c. 3. Home occupation, subject to the requirements of Chapter 20.20 ECDC; d. 4. The renting of rooms without separate kitchens to one or more persons; e. 5. The following accessory buildings: i. a. Fallout shelters, ii. Private greenhouses covering no more than five percent of the site, iii. c. Private stables, 2.3.b Packet Pg. 46 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) iv. d. Private parking for no more than five cars, v. e. Private swimming pools and other private recreational facilities; f. 6. Private residential docks or piers; g. 7. Family day care in a residential home; h. 8. 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)(4) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075; i. 9. Bed and breakfasts, as in ECDC 20.23.020(A)(1). 3. C. Primary Uses Requiring a Conditional Use Permit. a. 1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); b. 2. Local public facilities that are not planned, designated, and sited in the capital improvement plan, subject to ECDC 17.100.050; c. 3. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. 4. D. Secondary Uses Requiring a Conditional Use Permit. a. 1. Preschools; b. 2. Amateur radio transmitting antennas; c. 3. 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 d. 4. Bed and breakfasts, as in ECDC 20.23.020(A)(2). 2.3.b Packet Pg. 47 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) [Ord. 4360 § 3 (Exh. A), 2024; Ord. 4333 § 6 (Exh. A), 2023; 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. 4360 § 3 (Exh. A), 2024; Ord. 3547 § 1, 2005]. 16.20.030 Table of site development standards. 16.20.030 Site development standards. A. Applicability. 1. Development regulations applicable to middle housing shall not be more restrictive than those required for detached single-family residences. This includes, but is not limited to, the following types of dimensional standards: building height, setbacks, lot coverage, floor area ratio, lot area and lot dimension, impervious surface, open space, and landscaped area standards. B. Density. Lot area requirements and unit density shall comply with ECDC 16.20.020(A). C. Units per structure. Minimum and maximum numbers of dwelling units per structure for middle housing are provided by the definitions of middle housing types in Title 21 ECDC. A.D. Site development standards table. 2.3.b Packet Pg. 48 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Sub Distri ct Minimu m Lot Area (Sq. Ft.) Maximu m Density 1 Minimu m Lot Width Minimu m Street Setback Minimu m Side Setback Minimu m Rear Setback Maximu m Height Maximu m Coverag e (%) Minimu m 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- 124 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 LDR – S LDR – M LDR – L Parent Lot Area Minimum 6,000 sf. 8,000 sf. 12,000 sf. Lot Width 60’ 70’ 80’ Lot Coverage Maximum 35% of the total lot area. Street Setback1, 2 20’ 25’ 25’ Side Setback 5’ 7.5’ 10’ Rear Setback 15’ 15’ 25’ Rear Setback (alley) 5’ 5’ 5’ Height Maximum 25’ 25’ 25’ 2.3.b Packet Pg. 49 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 1. 2 See Chapter 17.50 ECDCGarages or carports with vehicle access directly from and facing a public street shall be set back at least five feet further from the street lot line than the primary façade of the dwelling. This requirement does not apply to garages or carports that are oriented perpendicular or otherwise not directly facing the street, or that are located more than 50 feet from the public street. Street setback is reduced to 15’ for specific parking requirements. 3 Thirty-five feet total of both sides, 10 feet minimum on either side. 2. 4 Lots must havelots with 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. 4360 § 3 (Exh. A), 2024; Ord. 3547 § 1, 2005]. E. 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. 2.3.b Packet Pg. 50 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1. B. Eaves and Chimneys. Eaves and chimneys may project into a required setback not more than 30 inches. 2. 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. 3. E. Weather Protection. Canopies and awnings may project up five feet into the required setback. 4. Corner Lots. Corner lots have no rear setback; all setbacks other than the street setbacks shall be side setbacks. F. F. Docks, Piers, Floats. 1. 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. 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. 4. 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. 5. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. 2.3.b Packet Pg. 51 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 6. 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. 4360 § 3 (Exh. A), 2024; 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 16.20.040 Design standards. A. Applicability. 1. These standards apply to all primary housing types allowed in this chapter. 2. Cottage housing and courtyard apartment standards apply only to those respective building types. 3. For the purposes of this section, “street” includes both public or private street, excluding alleys, unless otherwise specified. 4. These design standards do not apply to the conversion of an existing structure to a middle housing type with up to four attached units, unless the total floor area is increased by more than 50 percent. 2.3.b Packet Pg. 52 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 5. In the event of a conflict between the design standards in this section and other provisions of this code, the standards of ECDC 16.20.040 shall govern for middle housing development. B. Purpose. The purpose of these standards is to: 1. Promote compatibility of middle housing with other residential uses, including single- family houses. 2. De-emphasize garages and driveways as major visual elements along the street. 3. Provide clear and accessible pedestrian routes between buildings and streets. 4. Implement the definitions of cottage housing and courtyard apartments provided by state law. C. Design review. 1. Compliance with the design standards shall be verified during the building permit review process and is not subject to a formal design review process. 2. Departures are available for all design standards herein. Departures provide applicants with the option of proposing alternative designs when the applicant can demonstrate a design is equal to or better for meeting the “purpose” of a particular standard. 3. Departures shall be administrative and reviewed, approved, or denied by the planning director or the planning director’s designee. 4. The planning director must document the reasons for all departure decisions within the project application records. 5. Cottage housing. a. Open space. Open space shall be provided equal to a minimum 20 percent of the lot size. This may include common open space, private open space, setbacks, critical areas, and other open space. b. Common open space for cottage housing. i. At least one outdoor common open space is required. ii. A minimum of 300 square feet of common open space must be provided per cottage unit. iii. Minimum dimension of 15 feet on any side. 2.3.b Packet Pg. 53 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) iv. Must be bordered by cottages on at least two sides. v. At least 50% of cottages must abut the common open space and have the primary entrance facing the common open space. vi. Parking areas and vehicular areas shall not qualify as common open space vii. Critical areas and their buffers, including steep slopes, shall not quality as common open space. viii. Common open space shall include: a. At least one canopy or ornamental tree, and b. A designated seating area (e.g., benches, seat walls). c. Entries. All cottages shall feature a roofed porch at least 60 square feet in size with a minimum dimension of five feet on any side with frontage on the common open space. d. Community building. i. A cottage housing development shall contain no more than one community building. ii. A community building shall have no more than 1,500 square feet of net floor area, excluding attached garages. 6. Courtyard apartments. a. Yard or court. i. At least one yard or court is required. ii. Shall be bordered by attached dwelling units on two or more sides. iii. Shall be a minimum dimension of 15 feet on any side. iv. Parking areas and vehicular areas do not qualify as a yard or court. v. Common open space shall include: a. At least one canopy or ornamental tree, and b. A designated seating area (e.g., benches, seat walls). vi. Private open space such as patios or gardens may be located adjacent to the shared common open space, provided the separation is limited to low-scale 2.3.b Packet Pg. 54 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) features such as hedges, planter beds, or fences no taller than 3 feet, to maintain a visual connection to the shared open space. b. Entries. Courtyard apartments shall feature a covered pedestrian entry, such as a covered porch or recessed entry, with minimum weather protection of three feet by three feet, facing the street or yard or court. c. Pedestrian access. An accessible, paved walkway at least three feet wide shall be provided from the primary entrance of each building to the adjacent sidewalk, or the public right-of-way if no sidewalk exists. The walkway shall meet applicable ADA standards. A shared driveway may be used to meet this requirement if it provides a safe, accessible, and clearly defined pedestrian route. 7. General a. Entries. i. At least one primary entrance per building shall be oriented toward and have direct access from the public street. This requirement may be waived by the Planning and Development Director or their designee if the building is located at least 50 feet from the public street. b. Building orientation. i. Dwelling units shall not be oriented perpendicular to the street such that their primary façade faces an internal driveway or auto court, unless the following are met: a. Entries are clearly visible from the street and include a covered stoop, porch, or other entry feature. b. The combined width of all garage doors or carport openings on any building façade does not exceed 60 percent of the total width of that façade, as measured at the ground level. c. For developments with three or more side-by-side units served by an internal driveway, the site layout shall incorporate a building or portion of a building at the end of the driveway to terminate the view and create a defined edge. This may be achieved through an L-shaped configuration or a similar arrangement that encloses or frames the driveway. Commented [BS4]: New language added in (a) and (b) below to help support good design for townhouses and other similar type developments. 2.3.b Packet Pg. 55 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) If site constraints make this infeasible, an alternative design feature, such as enhanced landscaping, a low wall with integrated seating, or a decorative structure, shall be provided at the end of the driveway to create a visually prominent terminus. c. Vehicle access, carports, garages, and driveways. i. For lots abutting an improved alley that meets the city’s standard for width, vehicular access shall be taken from the alley. Lots without access to an improved alley and taking vehicular access from a street shall meet the other standards of subsection (ii)(a) through (c) below. ii. Garages, carports, driveways, and off-street parking areas shall not be located between a building and a street, except when any of the following conditions are met: a. The combined width of all garages, driveways, and off-street parking areas does not exceed a total of 60 percent of the length of the street frontage property line. This standard applies to buildings and not individual units; or b. The garage, driveway, or off-street parking area is separated from the street property line by a dwelling; or c. The garage, driveway, or off-street parking is located more than 100 feet from a street. 2.3.b Packet Pg. 56 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) iii. All garages and carports shall not protrude beyond the front building façade. iv. The total width of all driveway approaches shall not exceed 32 feet per frontage, as measured at the property line. Individual driveway approaches shall not exceed 20 feet in width. 2.3.b Packet Pg. 57 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.20.045 Parking standards. A. These standards apply to all housing permitted in this chapter, except as noted in subsection (C) of this section. B. Off-street parking for all primary residential uses shall be subject to the following: 1. No off-street parking shall be required within one-half mile walking distance of a major transit stop. 2. A maximum of one off-street parking space per unit shall be required on lots of 6,000 square feet or less, before "unit lot subdivisions," "condominium subdivisions," or similar methods of creating individual ownership units within middle housing developments. 3. A maximum of two off-street parking spaces per unit shall be required on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits. C. The provisions of subsection (A) do not apply to: 1. Portions of the city for which the Department of Commerce has certified a parking study in accordance with RCW 36.70A.635(7)(a), in which case off-street parking requirement shall be as provided in the certification from the Department of Commerce. 16.20.050 Building standards. A. Purpose. This section provides standards for the development of individual building types to achieve the intended physical character of each zone, offering housing choices and affordable housing opportunities. B. General standards. 1. Building types are used to articulate size, scale, and intensity according to the intent of each overlay zone. 2. Each design site shall have only one primary building type, except as follows, and in compliance with all standards: 2.3.b Packet Pg. 58 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) a. Cottage Housing may consist of up to six individual residential buildings, provided the project meets the criteria for bonus incentive per 16.20.020(A)(4) ECDC. b. More than one duplex is allowed on a parent lot provided that each unit includes a building entrance to a common open space that is not shared with vehicles. The minimum common open space shall consist of at least 300 square feet per unit with a minimum dimension of 15 feet on any side. 3. Parking may be designed as uncovered, covered, tuck-under, detached garage(s), podium or subterranean, in compliance with the design standards for parking placement. 2.3.b Packet Pg. 59 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. The maximum number of units identified for each building type is dependent on the design site being large enough to accommodate the site development and design standards (e.g., parking and open space). New buildings and their improvements are subject to the City’s local standards for Fire Safety and Building Safety. D. Primary Building types. 1. Intent. This section establishes building form standards for each zoning district to support a diverse, well-scaled urban character. These regulations supplement district-specific development standards and guide the design of individual building types to reinforce the intended physical character, expand housing options, and encourage affordability. Where conflicts occur, the more restrictive standard will govern. 2. Applicability. All primary structures in Low-Density Residential (LDR) districts must meet the provisions of this section. Building types are not required for buildings permitted under Chapter 17.100 ECDC Community Facilities. i. Applicants shall select an approved building type aligned with the proposed project and comply with its specific standards. ii. Applicants shall also designate a corresponding frontage type per Section 16.20.055 ECDC. iii. Any permitted use within the zone may occupy any building type. Building type names do not restrict or expand allowed uses as defined in Section 16.20.025 ECDC. iv. Civic and Institutional uses are exempt from these requirements. 3. Number of buildings. Each parent lot must comply with the maximum number of primary buildings permitted under this section’s building type standards and the unit density requirements in Section 16.20.020 ECDC. 2.3.b Packet Pg. 60 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. Single family dwelling, detached A detached single-family dwelling is a detached building designed for occupancy by one household and limited to one per parent lot. It includes a single mailbox and is served by one electric, gas, and water meter. All living, kitchen, and dining areas within the home are shared and accessed in common by the household. See definition for 'single-family dwelling' in 21.90.080 ECDC. Building Type Standards: Single Family Dwelling, detached Building Dimensions Building Height 25’ max. Unit Density Units per building 1 max. Units per parent lot 1 max. Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 2.3.b Packet Pg. 61 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 5. Duplex, side-by-side A duplex (side-by-side) is a residential building containing two attached primary dwelling units, arranged side-by-side configuration. See definition in 21.20.045 ECDC. Building Type Standards: Duplex, side-by-side Building Dimensions Building Height 25’ max. Unit Density Units per building 2 max. Units per parent lot 4 max. * *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 2.3.b Packet Pg. 62 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 6. Stacked Flat A stacked flat is a residential building containing up to three attached primary dwelling units, arranged stacked configuration. See definition in 21.20.045 ECDC. Building Type Standards: Stacked Flat Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 2.3.b Packet Pg. 63 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 7. Triplex A triplex is a residential building with three attached dwelling units. See definition in 21.100.100 ECDC. Building Type Standards: Triplex Building Dimensions Building Height 25’ max. Unit Density Units per building 3 max.* Units per parent lot 3 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 2.3.b Packet Pg. 64 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 8. Fourplex A fourplex is a residential building containing four attached units. See definition in 21.30.060 ECDC. Building Type Standards: Fourplex Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 2.3.b Packet Pg. 65 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 9. Side Court A house-scale building fronting a shared pedestrian pathway and vehicular driveway with decorative paving. This type is intended for narrow and deep parcels and is typically located within low-to- moderate-intensity neighborhoods. Building Type Standards: Courtyard Apartment Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop Forecourt Commented [BS5]: Side Court building type was added per CM Tibbott’s request to incorporate a design option that helps mitigate design issues typical of in-fill townhome development. It is being provided consideration. If desired, it will be important to select which overlays this building type should be located. 2.3.b Packet Pg. 66 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 10. Cottage Housing Cottage Housing is a cluster of small, detached homes organized around a shared open space, typically oriented perpendicular to the street. The common courtyard may be partially or fully open to the street and is designed to fit comfortably on medium and large lots within low-density neighborhoods. See definition in 21.15.105 ECDC. Building Type Standards: Cottage Housing Open Space Requirements Minimum 20% of lot area. See Design Standards for Cottage Court in Section 16.20.040(C)(1). Building Dimensions Building Height 20’/25’* Building Width 36’ max. Finished Floor Area, cottage unit 1,000 sf. max. Finished Floor Area, community building 1,500 sf. max. *A single cottage unit may be 25’ provided it is more than 50’ from the public right-of-way. Unit Density Units per building 1 max. Units per parent lot 6 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop 2.3.b Packet Pg. 67 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 11. Courtyard Apartment A detached, house-scale building that consists of up to four attached units with off access of a shared courtyard. The number of units can vary depending on unit size. See definition in 21.100.100 ECDC. Building Type Standards: Courtyard Apartment Building Dimensions Building Height 25’ max. Unit Density Units per building 4 max.* Units per parent lot 4 max.* *Must meet unit density requirements in Section 16.20.020 Allowed Frontage Types (see Section 16.20.055 ECDC for frontage types) Porch Engaged Porch Projecting Stoop Forecourt Commented [BS6]: Waiting on an updated illustration for Courtyard Apartments. Side Court illustration is shown as a placeholder. 2.3.b Packet Pg. 68 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.20.055 Frontage types. Purpose. This Section provides the standards for private frontages ("frontages"). Private frontages are the components of a building that provide the transition and interface between the public realm (street and sidewalk) and the private realm (setback or building) A. General Standards. 1. The names of the private frontage types indicate their configuration or function and are not intended to limit uses within the associated building. 2. Each building is required to include a private frontage type at each building entry along the front and/or side street or adjacent shared yard space. 3. Accessibility is provided through the allowed private frontage types for each zone. 4. Private frontage types not listed in the Low-Density Residential Overlay Summary Table in 16.20.015(C) are not allowed. 5. Each building may have different private frontage types in compliance with the allowed types in Section 16.20.050 ECDC. 6. In addition to the zone's standards, each private frontage is further refined through these standards to further calibrate the type for its context. Commented [BS7]: Frontage types were not included in the Planning Board’s formal recommendation due to time constraints and the complexity of fully evaluating their application across different contexts. However, the draft code retains example frontage types for City Council’s reference, should Council wish to adopt a simplified version to help preserve the intended regulatory framework. For additional context and discussion on this topic, please see the “Additional Considerations” section of the Planning Board’s recommendation. 2.3.b Packet Pg. 69 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. Porch Projecting Frontage Type Standards: Porch Projecting Description The main façade of the building is set back from the front or side street design site line with a covered structure encroaching into the front setback. The resulting setback area may be defined by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories, is open on three sides, with all habitable space located behind the building setback line. Size: Width, Clear 15’ min.* A Depth, Clear 8’ min. B Height, Clear 8’ min. C Stories Two stories max. Finish Level above sidewalk 12” min.** D Pedestrian Access 3’ wide min. E Distance between façade and design site line 15’ min. F * Reduce to 8' min. and maximum 1 story when applied to cottage housing building type ** Shared entries may be set at grade per local and federal accessibility standards. Miscellaneous: Porch shall be open on three sides. Clear glass may be installed between the porch columns. The porch is not required to be covered. The Porch is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Projecting Porch. 2.3.b Packet Pg. 70 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. Porch Engaged Frontage Type Standards: Porch Engaged Description A portion of the main façade of the building is set back from the front or side street design site line to create an area for a covered structure that projects from the façade that is set back. The Porch may project into the front setback. The resulting setback may be defined by a fence or hedge to spatially maintain the edge of the street. The Porch may be one or two stories and has two adjacent sides that are engaged to the building, while the other two sides are open. Size: Width, Clear 8’ min. A Depth, Clear 8’ min. B Height, Clear 8’ min. C Stories Two stories max. Finish Level above sidewalk 12” min.* D 3’ wide min. E Encroachment area of a building façade: Depth 6’ max. F Width 1/3 min. of overall building facade G Miscellaneous: Up to 20% of the building façade and porch(es) may project into the front setback line for the zone. Porch shall be open on two sides. Clear glass may be installed between the porch columns. The Porch is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Engaged Porch. 2.3.b Packet Pg. 71 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) D. Dooryard Frontage Type Standards: Dooryard Description The main façade of the building is set back from the front or side street design site line, which is defined by a low wall or hedge, creating a small private area between the sidewalk and the façade. Each Dooryard is separated from adjacent Dooryards. The Dooryard may be raised or at grade. Size: Depth, Clear 6’ min. A Length 15’ min. B Distance between glazing 4’ max. C Depth of recessed entries 3’ max. D Pedestrian access 3’ wide min. E Finish level above Sidewalk 12” max.* F Height of Dooryard Fence/Wall above Finish Level 36” max. G Encroachment area of a building façade: Depth 6’ max. F Width 1/3 min. of overall building facade G * Shared entries may be set at grade per local and federal accessibility standards. Miscellaneous: Each Dooryard shall provide access to only one ground floor entry. The Dooryard is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Dooryard. 2.3.b Packet Pg. 72 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) E. Common Entry Frontage Type Standards: Common Entry Description The main façade of the building is near or set back from the front or side street design site line, with a covered entry within the main façade, providing a transition between the sidewalk and the interior. The entryway leads to a lobby or foyer that provides interior access to units. Size: Depth, Clear 6’ min. A Height to Canopy/Ceiling, Clear 2.5 x Clear Width Max. B Finish level above Sidewalk or connected pedestrian walkway 0” to 30” Max. C Miscellaneous: Entry doors shall be covered and/or recessed to provide shelter from the elements. Gates are not allowed. Entry doors shall face the street. Canopy, where provided, shall be at least as wide as the opening. 2.3.b Packet Pg. 73 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) F. Stoop Frontage Type Standards: Stoop Description The main façade of the building is near the front or side street design site line with steps to an elevated entry. The Stoop is elevated above the sidewalk to provide privacy along the sidewalk-facing rooms. Stairs or ramps from the Stoop may lead directly to the sidewalk or may be parallel to the sidewalk. Size: Width, Clear 4’ min. A Depth, Clear 3’ min. B Height, Clear 8’ min. C Stories One story max. Finish Level above sidewalk 12” min. D Distance between façade and Design Site Line 6’ min. E Miscellaneous: Stairs may be perpendicular or parallel to the building façade. Entry doors shall be covered or recessed to provide shelter from the elements. All doors shall face the street. The Stoop is allowed to encroach into the front and side street setbacks in compliance with Subsection X of the zone. Ramps are required to be integrated along the side of the building to connect with the Stoop. 16.20.060 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 2.3.b Packet Pg. 74 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) under RS-12 standards 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. 4360 § 3 (Exh. A), 2024; 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 ECDCthis chapter except as specifically provided in this section. DetachedNumber of Units. A detached single-family dwelling unit may have two accessory dwelling units are prohibited in critical aquifer recharge areas as defined in ECDC 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 in one of the following configurations: one attached and one detached accessory dwelling units in one of the following configurations: one, two attached and one detached accessory dwelling units, or two attacheddetached accessory dwelling units, or two detached accessory dwelling units. This provision does not apply to other housing types, including but not limited to townhouses, duplexes, triplexes, fourplexes, or cottage housing. C. Table of ADU Development Standards. Sub DistrictOverlay Maximum ADU Gross Floor Area (Sq. Ft.).)_ Minimum DADU Rear Setback1,2 Maximum DADU Height Minimum Parking Spaces RS-20LDR - L 1,200 25' 24'24’ 040/15 RS-12LDR - M 1,200 25'20'3 24'24’ 040/15 RS-10 1,200 20' 24' 04 2.3.b Packet Pg. 75 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) RS-8LDR - S 1,000 10'310’4 24'24’ 040/15 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, 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 fiveten feet for a detached accessory dwelling unit 15 feet in height or less. 44 The normally required rear setback may be reduced to a minimum of seven and one-half feet for a detached accessory dwelling unit 15 feet in height or less. 5 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 ECDC 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. 2.3.b Packet Pg. 76 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. Where the City does not provide water or sewer service, utility service requirements shall be subject to the policies of the service provider. 4. Septic System. Refer to Chapter 18.20 ECDC. 5. Storm. Refer to Chapter 18.30 ECDC. 6. Other Utilities. All new or extended utilities must be undergrounded in accordance with ECDC 18.05.010. 7. Mailboxes. Additional mailboxes may be added for each permitted unit as approved by the U.S. Postal Service. 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 willshall 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 section. If expansion or modification to an approved unit is proposed, the ADU must come into full compliance with the requirements of this section. [Ord. 4360 § 3 (Exh. A), 2024]. 16.20.060065 Site development standards – Accessory buildings and structures. 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. 2.3.b Packet Pg. 77 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 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 2.3.b Packet Pg. 78 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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: i. 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. 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: 2.3.b Packet Pg. 79 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) i. 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. ii. Not be located within any required setback area; and iii. 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. 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 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. 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 2.3.b Packet Pg. 80 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 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 ii. 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)e 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. 3c. 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 2.3.b Packet Pg. 81 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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 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. 4d. 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. 5e. 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. Gf. 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. 4360 § 3 (Exh. A), 2024; Ord. 3736 §§ 8, 9, 2009; Ord. 3728 § 3, 2009; Ord. 3547 § 1, 2005. Formerly 16.20.050]. 2.3.b Packet Pg. 82 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.20.060 Infrastructure standards. A. Transportation. Regulations for driveways, frontage improvements, alley improvements, and other transportation, public works, and engineering standards shall not be more restrictive for middle housing than for detached single-family residences, except as addressed by this ordinance. B. Lot Access/Road Standards. 1. Private driveway access shall be permitted for middle housing development with any number of units when a fire apparatus access road is within 150 feet of all structures on the lot and all portions of the exterior walls of the first story of the buildings, as measured by an approved route around the exterior of the buildings. 2. When a fire apparatus road is not within 150 feet of all structures on the lot, subsection (B)(1) does not apply and one of the following conditions must be met: a. The building is equipped throughout with an approved automatic sprinkler system meeting International Fire Code requirements. b. No more than two units are accessed via the same private driveway. c. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 2. Private driveways shall not be required to be wider than 12 feet and shall not be required to have unobstructed vertical clearance more than 13 feet six inches except when it is determined to be in violation of the International Fire Code or other fire, life, and safety standards, such as sight distance requirements. 3. Private driveway access, separate from access to an existing home, shall be permitted unless it is determined to be in violation of the International Fire Code or other fire, life, safety standards, such as site distance requirements. 2.3.b Packet Pg. 83 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. This subsection is not intended to limit the applicability of the adopted International Fire Code, except as otherwise presented in this subsection. 16.20.080 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. 16.20.090 Authority to make necessary corrections. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener’s clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. 2.3.b Packet Pg. 84 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.30 RM – MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.050 Green building incentives. 16.30.000 Purposes. The RM 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 for a variety of housing types, and a range of greater densities than are available in the single-familymiddle housing residential zones, while still maintaining a residential environment; B. To provide for those additional uses which complement and are compatible with multiple residential uses. [Ord. 3943 § 2 (Exh. 1), 2013; Ord. 3627 § 1, 2007]. 16.30.010 Uses. A. Permitted Primary Uses. 1. Multiple dwellings; 2. Single-family dwellings; 3. Retirement homes or congregate care facilities, assisted living facilities; 2.3.b Packet Pg. 85 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. 3. Group homes for the disabled, foster family homes and state-licensed group homes for foster care of minors; provided, however, that halfway houses and group homes licensed for juvenile offenders are not permitted uses in a residential zone of the city; 54. Boarding houses and rooming houses; 65. Housing for low income elderly in accordance with the requirements of Chapter 20.25 ECDC; 76. Churches, subject to the requirements of ECDC 17.100.020; 87. Primary schools subject to the requirements of ECDC 17.100.050(G) through (R); 98. Local public facilities that are planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 109. 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. All permitted secondary uses in the RS zone, if in conjunction with a single-family dwellingLDR zone; 2. Home occupations, subject to the requirements of Chapter 20.20 ECDC; 3. The following accessory uses: a. Private parking, b. Private swimming pools and other private recreational facilities, c. Private greenhouses covering no more than five percent of the site in total; 4. Commuter parking lots containing 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)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. 2.3.b Packet Pg. 86 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. Primary Uses Requiring a Conditional Use Permit. 1. Offices, other than local public facilities; 2. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 3. Day care centers and preschools for 13 or greater children; 4. Hospitals, convalescent homes, rest homes, sanitariums, and assisted living facilities; 5. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 6. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 7. High schools, subject to the requirements of ECDC 17.100.050(G) through (R); 8. 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. Day care facilities or preschools of any size to be operated in a separate, nonresidential portion of a multifamily residential dwelling primary permitted structure operated primarily for the benefit of the residents thereof; 2. 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. [Ord. 4333 § 7 (Exh. A), 2023; Ord. 3988 § 8, 2015; Ord. 3943 § 2 (Exh. 1), 2013; Ord. 3627 § 1, 2007]. 16.30.020 Subdistricts. There are established four subdistricts of the RM zone, in order to provide site development standards for areas which differ in topography, location, existing development and other factors. [Ord. 3943 § 2 (Exh. 1), 2013; Ord. 3627 § 1, 2007]. 2.3.b Packet Pg. 87 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.30.030 Site development standards. A. Table. Subdistrict Minimum Lot Area Per Dwelling Unit3 (Sq. Ft.) Minimum Street Setback2 Minimum Side Setback2 Minimum Rear Setback Maximum Height Maximum Coverage RM-1.5 1,500 15' 10' 15' 25'1 45% RM-EW 1,500 15' 10' 15' 25'4 45% RM-2.4 2,400 15' 10' 15' 25'1 45% RM-3 3,000 15' 15' 15' 25'1 45% 1 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height limit have a slope of four inches in 12 inches or greater. 2 RSLDR-S setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones. 3 See definition of townhouse. 4 The maximum base height of any building fronting on Edmonds Way may be increased to 35 feet if the following apply to the site and proposed development: (a) At least two of the following techniques shall be incorporated into the building and/or site’s design: (1) Achievement of at least LEED gold certification or comparable green building certification; (2) Inclusion of housing units affordable to persons at low/moderate income as determined by Snohomish County Tomorrow. The number of affordable units must be at least 15 percent of the gross number of units proposed; (3) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. 2.3.b Packet Pg. 88 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. See Parking (Chapter 17.50 ECDC), Design Review (Chapter 20.10 ECDC), and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the RM-EW zone: 1. Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. C. Location of Parking. No parking spaces may be located within the street setback. [Ord. 3943 § 2 (Exh. 1), 2013; Ord. 3627 § 1, 2007]. 16.30.040 Site development exceptions. A. Maximum height for accessory structures is 15 feet. B. Satellite Television Antenna. Satellite television antennas shall be regulated as set forth in ECDC 16.20.060065. C. Setback Encroachments. 1. Eaves and chimneys and bay windows, utility lines and meters, and “similar minor improvements,” etc., may project into a required setback not more than 30 inches. 2. Except as authorized by subsection (C)(3) of this section, 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 the ground level at any point. 3. In the RM – Edmonds Way zone, uncovered and unenclosed porches, steps, patios, and decks may occupy up to one-half of the required street setback area along Edmonds Way; provided, that these structures or uses are located no more than 20 feet above the ground level at any point. 2.3.b Packet Pg. 89 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) D. Corner Lots. Corner lots shall have no rear setback; all setbacks other than street setbacks shall be side setbacks. [Ord. 3943 § 2 (Exh. 1), 2013; Ord. 3652 § 1, 2007; Ord. 3627 § 1, 2007]. 16.30.050 Green building incentives. A. General. New multifamily residential buildings, as well as additions and remodels to existing multifamily residences, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design™ (LEED) Gold, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. B. Eligibility. These incentives are available to multifamily residential development only. Other uses permitted in this zone, whether primary or secondary uses, by right or conditionally permitted, or legal nonconforming, are ineligible for these incentives. See Chapter 17.100 ECDC for incentives for community facilities. Each building receives incentives independently for their individual certification. C. Height. Certified multifamily residences are allowed an additional five feet above the stated height limit of ECDC 16.30.030(A), to a total of 30 feet. Certified development may leverage the five-foot pitched roof height bonus of ECDC 16.30.030(A), note 1, for all portions above 30 feet. D. Parking. Certified multifamily residential development must provide at least one off-street parking space per dwelling unit rather than the requirements of ECDC 17.50.020(A)(1)(b). Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. E. Enforcement. Development granted green building incentives but then unable to achieve the requirements is subject to the enforcement measures of Chapter 19.00 ECDC. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 1, 2024]. 2.3.b Packet Pg. 90 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.40 BUSINESS AND COMMERCIAL ZONES – PURPOSES Sections: 16.40.000 Purposes. 16.40.000 Purposes. The general purposes of the business and commercial (B or C) zones are: A. To provide for areas for commercial uses offering various goods and services according to the different geographical areas and various categories of customers they serve; B. To provide for areas where commercial uses may concentrate for the convenience of the public and in mutually beneficial relationships to each other; C. To provide for residential uses, community facilities and institutions which may appropriately locate in commercial areas; D. To require adequate landscaping and off-street parking and loading facilities; E. To protect commercial uses from hazards such as fire, explosion and noxious fumes, and also nuisances created by industrial uses such as noise, odor, dust, dirt, smoke, vibration, heat, glare and heavy truck traffic. 2.3.b Packet Pg. 91 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.43 BD – DOWNTOWN BUSINESS Sections: 16.43.000 Purposes. 16.43.010 Subdistricts. 16.43.020 Uses. 16.43.030 Site development standards. 16.43.035 Design standards – BD zones. 16.43.040 Operating restrictions. 16.43.000 Purposes. The BD zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. B. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian-oriented design elements, while protecting downtown’s identity. C. Identify supporting arts and mixed-use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at downtown’s focal center while providing for a mixture of supporting commercial and residential uses in the area surrounding this retail core area. D. Focus development between the commercial and retail core and the Edmonds Center for the Arts on small-scale retail, service, and multifamily residential uses. [Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 2.3.b Packet Pg. 92 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.43.010 Subdistricts. The “downtown business” zone is subdivided into five distinct subdistricts, each intended to implement specific aspects of the comprehensive plan that pertain to the Downtown Waterfront Activity Center. Each subdistrict contains its own unique mix of uses and zoning regulations, as described in this chapter. The five subdistricts are: BD1 – Downtown Retail Core; BD2 – Downtown Mixed Commercial; BD3 – Downtown Convenience Commercial; BD4 – Downtown Mixed Residential; BD5 – Downtown Arts Corridor. [Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A A Offices A X A A A A Legal/law firms A X A A A A Financial A X A A A A Advising A X A A A A 2.3.b Packet Pg. 93 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Mortgage A X A A A A Banks (without tellers) A X A A A A Accounting A X A A A A Counseling A X A A A A Architecture A X A A A A Engineering A X A A A A Advertising A X A A A A Insurance A X A A A A Fitness related business (yoga/pilates/gym/fitness club) A X A A A A Service uses A A(2) A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant, microbreweries/distilleries or food service A A A A A A 2.3.b Packet Pg. 94 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 establishment that also provides an on-site retail outlet open to the public Automobile sales and service X X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C X A A A X Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter 4.90 ECC1 A A A A A A Outdoor dining meeting the criteria of Chapter 17.75 ECDC B B B B B B Residential Single-family dwelling A X A A A A Multiple dwelling unit(s) – see ECDC 16.43.030(B) for further location standards A X A A A A Other Uses Bus stop shelters A A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A A Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) A X A A A A 2.3.b Packet Pg. 95 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Local public facilities, subject to the requirements of ECDC 17.100.050 C C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A A Off-street parking and loading areas to serve a permitted use B X B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B X B B B X Commercial parking lots C X C C C X Wholesale uses X X X C X X Hotels and motels A A A A A A Amusement establishments C C C C C C Auction businesses, excluding vehicle or livestock auctions C X C C C C Drive-in/through businesses (businesses with drive through facilities) X X C A C X Laboratories X X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X X C X X 2.3.b Packet Pg. 96 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Day care centers C X C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X X C C A X Medical uses, e.g., A X A A A A Physicians A X A A A A Dental A X A A A A Optometrist (without retail) A X A A A A Physical therapy (without retail) A X A A A A Counseling A X A A A A Other similar medical services A X A A A A Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C X C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X X C C A X 2.3.b Packet Pg. 97 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C C Outdoor storage, incidental to a permitted use D X D D D D Aircraft landings as regulated by Chapter 4.80 ECC X X D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: 1 BD1 Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of- way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD1 Zone GFSF requirements. 2 Services – by appointment uses not providing open door retail/dining/entertainment functions as a primary component of the business are not allowed within BD1 GFSF (first 45 feet). Open door businesses, e.g., real estate offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed. For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is 2.3.b Packet Pg. 98 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. B. Exception to the BD1 GSFS. The owner of a building in the BD1 zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria: 1. The space is less than 500 square feet; 2. The space does not contain direct access to the street or sidewalk; 3. The previous use was a nonconforming use (e.g., not retail); and 4. The space has been vacant for a period of more than six months. [Ord. 4333 § 8 (Exh. A), 2023; Ord. 4314 § 43 (Exh. A), 2023; Ord. 4282 § 3 (Exh. B), 2022; Ord. 3955 § 1 (Att. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 16.43.030 Site development standards. A. Table 16.43-2. 2.3.b Packet Pg. 99 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Sub District Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback1 Minimum Rear Setback1 Maximum Height2 Minimum Height of Ground Floor within the Designated Street Front4 BD15 0 0 0 0 0 30' 15' BD25 0 0 0 0 0 30' 12' BD35 0 0 0 0 0 30' 12' BD43,5 0 0 0 0 0 30' 12' BD55 0 0 0 0 0 25' 12' 1 The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. 2 Specific provisions regarding building heights are contained in ECDC 16.43.030(C). 3 Within the BD4 zone, site development standards listed in Table 16.43-2 apply when a building contains a ground floor consisting of commercial space to a depth of at least 45 feet measured from the street front of the building. If a proposed building does not meet this ground floor commercial space requirement (e.g., an entirely residential building is proposed), then the building setbacks listed for the RM-1.5 zone shall apply. See ECDC 16.43.030(B)(8) for further details. 4 “Minimum height of ground floor within the designated street-front” means the vertical distance from top to top of the successive finished floor surfaces for that portion of the ground floor located within the designated street front (see ECDC 16.43.030(B)); and, if the ground floor is the only floor above street grade, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. “Floor finish” is the exposed floor surface, including coverings applied over a finished floor, and includes, but is not limited to, wood, vinyl flooring, wall-to-wall carpet, and concrete, as illustrated in Figure 16.43-1. Figure 16.43-1 shows an example of a ground floor height of 15 feet; note that the “finished” ceiling height is only approximately 11 feet in this example. 2.3.b Packet Pg. 100 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 5 Site development standards for single-family dwellingslow-density residential building types are the same as those specified for the RS-6 LDR-M zone. Map 16.43-1: Designated Street Front for BD Zones 2.3.b Packet Pg. 101 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Figure 16.43-1: Ground Floor Height Measurement B. Ground Floor. This section describes requirements for development of the ground floor of buildings in the BD zones. 1. For all BD zones, the ground floor is considered to be that floor of a building which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the designated street front of the building (this is normally the adjacent sidewalk). For the purposes of this section, the ground “floor” is considered to be the sum of the floor planes which, in combination, run the full extent of the building and are closest in elevation to one another. For the purposes of this chapter, the definition of “ground floor” contained in ECDC 21.35.017 does not apply. 2. Designated Street Front. Map 16.43-1 shows the streets that define the designated street front for all properties lying within the BD zones. The designated street front is defined as the 45 feet measured perpendicular to the street front of the building lot fronting on each of the mapped streets. 2.3.b Packet Pg. 102 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3. Minimum Height of the Ground Floor within the Designated Street Front. The minimum height of the ground floor specified in Table 16.43-2 only applies to the height of the ground floor located within the designated street front established in subsection (B)(2) of this section. 4. Access to Commercial Uses within the Designated Street Front. When a commercial use is located on the ground floor within a designated street front as defined in subsection (B)(2) of this section, the elevation of the ground floor and associated entry shall be within seven inches of the grade level of the adjoining sidewalk. “Grade” shall be as measured at the entry location. Portions of the ground floor outside the designated street front of the building need not comply with the access requirements specified in this section. 5. When the designated street front of a building is on a slope which does not allow both the elevation of the entry and ground floor within the designated street front to be entirely within seven inches of the grade level of the sidewalk, as specified in subsection (B)(4) of this section, the portion of the ground floor of the building located within the designated street front may be designed so that either: a. The entry is located within seven inches of the grade of the adjacent sidewalk, and the commercial portion of the ground floor located within the designated street front is within seven inches of the grade level of the entry; or b. The building may be broken up into multiple frontages, so that each entry/ground floor combination is within seven inches of the grade of the sidewalk. c. For corner lots, a primary entry shall be established for the purposes of determining where the ground floor entry rules detailed in this section shall apply. The first choice for the primary entry shall be either 5th Avenue or Main Street. In the case of the BD5 zone, the primary entry shall always be on 4th Avenue. 6. Within the BD1 zone, development on the ground floor shall consist of only commercial uses, except that parking may be located on the ground floor so long as it is not located within the designated street front. 7. Within the BD2 and BD3 zones, development on the ground floor shall consist of only commercial uses within the designated street front. Any permitted use may be located on the ground floor outside of the designated street front. 2.3.b Packet Pg. 103 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 8. Within the BD4 zone, there are two options for developing the ground floor of a building. One option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 and BD3 zones in subsection (B)(7) of this section. As a second option, if more residential space is provided so that the ground floor does not meet the commercial use requirements described in subsection (B)(7) of this section, then the building setbacks listed for the RM-1.5 zone shall apply. In the case where RM-1.5 setbacks are required, the required street setback shall be landscaped and no fence or wall in the setback shall be over four feet in height above sidewalk grade unless it is at least 50 percent open, such as in a lattice pattern. 9. Within the BD5 zone, one option is to develop the ground floor with commercial space, meeting the same requirements detailed for the BD2 zone in subsection (B)(7) of this section. When development of the ground floor does not conform to these requirements, then development within the BD5 zone shall meet the following requirements: a. The building shall be oriented to 4th Avenue. “Orientation to 4th Avenue” shall mean that: i. At least one building entry shall face 4th Avenue. ii. If the building is located adjacent to the public right-of-way, architectural details and/or applied art shall be incorporated into the building design to add interest at the pedestrian (i.e., ground floor) level. iii. If the building is set back from the street, landscaping and/or artwork shall be located between the building and the street front. b. Live/work uses are encouraged within the BD5 zone, and potential live/work space is required for new residential buildings if no other commercial use is provided on-site. i. If multiple residential uses are located on the ground floor, the building shall incorporate live/work space into the ground floor design in such a way as to enable building occupants to use portion(s) of their space for a commercial or art/fabrication use. “Live/work space” means a structure or portion of a structure that combines a commercial or manufacturing activity that is allowed in the zone with a residential living space for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household. The live/work 2.3.b Packet Pg. 104 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) space shall be designed so that a commercial or fabrication or home occupation use can be established within the space. Figure 16.43-2: BD5 Development Building at right (foreground) shows landscaping located between building and street. Building at left (background) shows commercial space integrated with residential uses, and the entry oriented to the street. 10. Exceptions and Clarifications. The regulations for the ground floor contained in subsections (B)(1) through (9) of this section apply with the following exceptions or clarifications: a. That in all areas the provision of pedestrian access to permitted residential uses is allowed as a permitted secondary use. b. The restrictions on the location of residential uses shall not apply when a single- familylow-density residential use is the only permitted primary use located on the property. c. Existing buildings may be added onto or remodeled without adjusting the existing height of the ground floor to meet the specified minimum height, so long as the addition or remodel does not increase the building footprint or its frontage along a street by more than 25 percent. Permitted uses may occupy an existing space regardless of whether that space meets the ground floor requirements for height. 2.3.b Packet Pg. 105 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) d. Parking is not considered to be a commercial use for the purposes of satisfying the ground floor commercial use requirement within the designated street front (e.g., when the first 45 feet of a building are within a designated street front in the BD1 zone, parking may not be located within that 45 feet). e. For properties within the BD2 or BD3 zone which have less than 90 feet of depth measured from the street front, parking may be located in the rearmost 45 feet of the property, even if a portion of the parking extends into the first 45 feet of the building. In no case shall the depth of commercial space as measured from the street front of the building be less than 30 feet. f. Within the BD2, BD3 and BD4 zones, if the first 45 feet of the building as measured perpendicular to the street consist only of commercial uses and permitted secondary uses, then permitted multiple-family residential unit(s) may be located behind the commercial uses. g. Recodified as ECDC 22.43.050(B)(4). h. Within the BD1 zone, each commercial space located on the ground floor within the designated street front shall be directly accessible by an entry from the sidewalk. C. Building Height Regulations. 1. The basic height limit for each BD zone is described in Table 16.43-2 (see definition of “height” detailed in ECDC 21.40.030). 2. Within the BD5 zone, the maximum height may be increased to 30 feet if the building meets one of the following conditions. In addition, if the building is located within 15 feet of the public right-of-way, architectural details and/or applied art shall be incorporated into the building design, and the ground floor shall be distinguished from the upper portions of the building through the use of differences in materials, windows, and/or architectural forms. a. All portions of the building above 25 feet consist of a pitched roof such that the pitch of all portions of the roof is at least six-by-12 and the roof includes architectural features, such as dormers or gables of a steeper pitch, that break up the roof line into distinct segments. 2.3.b Packet Pg. 106 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) b. If the building does not make use of a pitched roof system as described in subsection (C)(2)(a) of this section, a building step-back shall be provided within 15 feet of any street front. Within the 15-foot step-back, the maximum building height is the lesser of 25 feet above grade at the property line (normally the back of the sidewalk) or 30 feet above the “average level” as defined in ECDC 21.40.030. For corner lots, a 15- foot step-back is required along both street fronts. If a building located on a corner lot has insufficient lot width (i.e., less than 40 feet of lot width) to enable it to provide the required step-back on both street fronts, then the step-back may be waived facing the secondary street. 3. Height Exceptions. In addition to the height exceptions listed in ECDC 21.40.030, the following architectural features are allowed to extend above the height limits specified in this chapter: a. A single decorative architectural element, such as a turret, tower, or clock tower, may extend a maximum of five feet above the specified height limit if it is designed as an integral architectural feature of the roof and/or facade of the building. The decorative architectural element shall not cover more than five percent of the roof area of the building. b. Roof or deck railings may extend a maximum of 42 inches above the specified height limit within any building step-back required under subsection (C)(2)(b) of this section; provided, that the railing is constructed so that it has the appearance of being transparent. An example meeting this condition would be a railing that is comprised of glass panels. D. Off-Street Parking and Access Requirements. The parking regulations included here apply specifically within the BD zone. Whenever there are conflicts between the requirements of this chapter and the provisions contained in Chapter 17.50 ECDC, Off-Street Parking Regulations, the provisions of this chapter shall apply. 1. Within the BD1 zone, no new curb cuts are permitted along 5th Avenue or Main Street. 2. No parking is required for any commercial floor area of permitted uses located within the BD1, BD2, BD4, and BD5 zones. E. Open Space Requirements. 2.3.b Packet Pg. 107 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1. For buildings on lots larger than 12,000 square feet or having an overall building width of more than 120 feet (as measured parallel to the street lot line), at least five percent of the lot area shall be devoted to open space. Open space shall not be required for additions to existing buildings that do not increase the building footprint by more than 10 percent. Open space shall be provided adjacent to the street front (street lot line). Such open space may be provided as any combination of: a. Outdoor dining or seating areas (including outdoor seating or waiting areas for restaurants or food service establishments); b. Public plaza or sidewalk that is accessible to the public; c. Landscaping which includes a seating area that is accessible to the public. 2. Required open space shall be open to the air and not located under a building story. 3. In overall dimension, the width of required open space shall not be less than 75 percent of the depth of the open space, measured relative to the street (i.e., width is measured parallel to the street lot line, while depth is measured perpendicular to the street lot line). 2.3.b Packet Pg. 108 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) F. Historic Buildings. The exceptions contained in this section apply only to buildings listed on the Edmonds register of historic buildings. 1. If a certificate of appropriateness is issued by the Edmonds historic preservation commission under the provisions of Chapter 20.45 ECDC for the proposed project, the staff may modify or waive any of the requirements listed below that would otherwise apply to the expansion, remodeling, or restoration of the building. The decision of staff shall be processed as a Type II development project permit application (see Chapter 20.01 ECDC). a. Building step-backs required under subsection (C)(2)(b) of this section. b. Open space required under subsection (E) of this section. 2. No off-street parking is required for any permitted uses located within a building listed on the Edmonds register of historic buildings. Note that additional parking exceptions 2.3.b Packet Pg. 109 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) involving building expansion, remodeling or restoration may also apply, as detailed in ECDC 17.50.070(C). 3. Within the BD5 zone, if a building listed on the Edmonds register of historic buildings is retained on-site, no off-street parking is required for any additional buildings or uses located on the same property. To obtain this benefit, an easement in a form acceptable to the city shall be recorded with Snohomish County protecting the exterior of the historic building and ensuring that the historic building is maintained in its historic form and appearance so long as the additional building(s) obtaining the parking benefit exist on the property. The easement shall continue even if the property is subsequently subdivided or any interest in the property is sold. G. Density. There is no maximum density for permitted multiple dwelling units. H. Screening. The required setback from R-zoned property shall be landscaped with trees and ground cover and permanently maintained by the owner of the BD lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback, except for that portion of the BD zone that is in residential use. I. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. Sign standards shall be the same as those that apply within the BC zone. J. Satellite Television Antennas. In accordance with the limitations established by the Federal Communications Commission, satellite television antennas greater than two meters in diameter shall be reviewed in accordance with the provisions of ECDC 16.20.060. [Ord. 4282 § 2 (Exh. A), 2022; Ord. 4140 § 1, 2019; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3865 § 1, 2011; Ord. 3736 § 10, 2009; Ord. 3700 § 1, 2008]. 16.43.035 Design standards – BD zones. Design standards for the BD zones are contained in Chapter 22.43 ECDC. [Ord. 3918 § 1 (Att. 1), 2013; Ord. 3700 § 1, 2008]. 2.3.b Packet Pg. 110 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Public markets; provided, that when located next to a single-family residential zone, the market shall be entirely within a completely enclosed building; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC; 9. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. C. Interim Use Status – Public Markets. 1. Unless a public market is identified on a business license as a year-round market within the city of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary use, the city council finds that any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chapter 17.50 ECDC. [Ord. 3932 § 7, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3902 § 1, 2012; Ord. 3700 § 1, 2008]. 2.3.b Packet Pg. 111 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.45 BN – NEIGHBORHOOD BUSINESS Sections: 16.45.000 Purposes. 16.45.010 Uses. 16.45.020 Site development standards. 16.45.030 Operating restrictions. 16.45.040 Site development exceptions – Green building incentives. 16.45.000 Purposes. The BN zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas for those retail stores, offices, retail service establishments which offer goods and services needed on an everyday basis by residents of a neighborhood area; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings. [Ord. 4307 § 1 (Exh. A), 2023]. 16.45.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellingsLow-density residential building types, as regulated in RS-6LDR-M zone; 2. Neighborhood-oriented retail stores, retail service uses, excluding uses such as commercial garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those uses requiring a conditional use permit as listed below; 3. Offices and outpatient clinics, excluding commercial kennels; 4. Dry cleaning stores and laundromats; 2.3.b Packet Pg. 112 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 5. Small animal hospitals; 6. Churches, subject to the requirements of ECDC 17.100.020; 7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 8. Day care centers 9. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 10. 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. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of 6,000 square feet; 4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with any local public facility allowed by this section. 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)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075; 5. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Drive-in businesses; 3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 2.3.b Packet Pg. 113 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. Convenience stores; 5. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 6. Hospitals, convalescent homes, rest homes, sanitariums; 7. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 8. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 9. 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. Outdoor storage, incidental to a permitted or conditional use; 2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a facility meeting the criteria listed under subsections (C)(6) through (9) of this section. [Ord. 4333 § 9 (Exh. A), 2023; Ord. 4314 § 44 (Exh. A), 2023; Ord. 4307 § 1 (Exh. A), 2023; Ord. 3353 § 3, 2001; Ord. 3269 § 1*, 1999; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 § 1, 1988; Ord. 2283 § 4, 1982]. * Code reviser’s note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.45.020 Site development standards. A. Table. 2.3.b Packet Pg. 114 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Floor Area BN None None 20' None1 None1 25' 3 sq. ft. per sq. ft. of lot area 1 Fifteen feet from lot lines adjacent to RLDR-zoned property. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. C. Screening. The required setback from R-zoned property shall be permanently landscaped with trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. D. Satellite television antennas shall be regulated as set forth in ECDC 16.20.060065, and reviewed by the architectural design board. [Ord. 4307 § 1 (Exh. A), 2023; Ord. 2526 § 5, 1985]. 16.45.030 Operating restrictions. A. All uses shall be carried on entirely within a completely enclosed building except: 1. Public utilities and parks; 2. Off-street parking and loading areas and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Outdoor recreation spaces associated with day care centers; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. [Ord. 4307 § 1 (Exh. A), 2023; Ord. 3320 § 2, 2000]. 2.3.b Packet Pg. 115 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.45.040 Site development exceptions – Green building incentives. A. General. New buildings, as well as additions and remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design™ (LEED) Gold certification, Master Builders Association of King and Snohomish Counties Built Green® 4-Star, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences is ineligible for these incentives. Remodels of and additions to existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). See Chapter 17.100 ECDC for incentives for community facilities. C. Height. Development certified LEED Gold, Built Green® 4-Star, or better may receive an additional five feet above the stated height limit of ECDC 16.45.020(A) where all portions of the roof above 25 feet are sloped four inches in 12 inches or greater. D. Parking. Development certified LEED Gold, Built Green® 4-Star, or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit. Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then failing to achieve the requirements is subject to the enforcement measures of ECDC 19.00.050. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 2, 2024]. Chapter 16.50 BC – COMMUNITY BUSINESS Sections: 16.50.000 BC and BC – Edmonds Way. 16.50.005 Purposes. 2.3.b Packet Pg. 116 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.040 Green building incentives. 16.50.000 BC and BC – Edmonds Way. This chapter establishes two distinct zoning categories, BC and BC – Edmonds Way. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007]. 16.50.005 Purposes. The BC and BC – Edmonds Way zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly within buildings; C. To allow for mixed-use development which includes multiple dwelling unit(s) that support business uses; D. To implement the policies of Edmonds’ comprehensive plan for the Edmonds Way Corridor; E. To meet the goals of the Growth Management Act and the city of Edmonds’ comprehensive plan for housing diversity and economic vitality. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007; Ord. 3147 § 1, 1997. Formerly 16.50.000]. 16.50.010 Uses. A. Permitted Primary Uses. 2.3.b Packet Pg. 117 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1. Single-family dwellingsLow-density residential buildings, as regulated in RS-6LDR-M zone; 2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community-oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure, except as provided in ECDC 16.50.020(B); 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. 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. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 2.3.b Packet Pg. 118 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street; 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day care centers and preschools; 11. Hospitals, convalescent homes, rest homes, and sanitariums; 12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 14. 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. Outdoor storage, incidental to a permitted or conditional use; 2.3.b Packet Pg. 119 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4333 § 10 (Exh. A), 2023; Ord. 4314 § 45 (Exh. A), 2023; Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 4, 2013; Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2*, 1999; Ord. 3147 § 1, 1997]. * Code reviser’s note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. 16.50.020 Site development standards. A. Table. Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Floor Area BC None None None None1 None1 25'2 3 sq. ft. per sq. ft. of lot area BC – Edmonds Way None None 10' None1 None1 25'3 3 sq. ft. per sq. ft. of lot area 1 The setback for buildings and structures located at or above grade (exempting buildings and structures entirely below the surface of the ground) shall be 15 feet from the lot line adjacent to residentially (R) zoned property. The required setback shall be completely landscaped with Type I landscaping permanently maintained by the owner of the BC-zoned lot. 2 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height are modulated in design and are designed as a hip, gable, arch, shed or other similar roof form (see illustrations). Vertical parapet walls or flat roofs with a pitch of less than three-in-12 are not allowed to protrude above the 25-foot height limit unless they are part of an approved modulated design. 2.3.b Packet Pg. 120 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3 The stated height limit may be increased to 40 feet; provided, that: (a) The street setback of any proposed building shall be increased to 15 feet in depth. Type III landscaping shall be located within this setback; (b) Where the proposed development abuts a single-familylow-density residential (RSLDR) zoned property, in addition to complying with subsection (a) of this footnote, the proposed development shall modulate the design ofstepback any building facades facing the single-family residentially (RS)over 25 feet that face the LDR zoned property and additional five feet. Balconies are allowed to encroach into the stepback area; (c) At least three of the following techniques shall be incorporated into the building and/or site’s design: (1) Achievement of least LEED gold certification or comparable green building certification; (2) Inclusion of housing units affordable to persons at low/moderate income as determined by Snohomish County Tomorrow. The number of affordable units must be at least 15 percent of the gross number of units proposed; (3) Public amenities within an area comprising at least 25 percent of the length of any required street setback such as outdoor seating, plazas, walkways or other usable open space. The remainder of the setback area will be landscaped with Type III landscaping; 2.3.b Packet Pg. 121 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) (4) Low impact development (LID) techniques are employed. LID best management practices include, but are not limited to: bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. (d) Seventy-five percent of a building facade facing a public right-of-way shall be clad with preferred building materials which include natural stone, wood, architectural metal, brick and glass. Concrete, laminates, veneers, fiber cement products and the like may be permitted if they replicate the appearance of the listed preferred materials. At least 55 percent of building facade materials must be salvaged, recycled content, bio-based or indigenous. Ground Floor. Development on the ground floor shall consist of only commercial uses to a minimum depth of 30 feet as measured from the street front of the building, with the following exceptions or clarificationsThat in all areas the provision of pedestrian access to permitted residential uses is allowed. 2. This provision shall not apply when a single-family use is the primary use on the propertyIn the BC – Edmonds Way zone, where the street frontage of the total site proposed for development exceeds 150 feet in length, this requirement shall apply to only 60 percent of the ground floor street frontage of any proposed building. The remaining 40 percent may include any other uses permitted in the BC – Edmonds Way zone, including, but not limited to, off-street parking or live/work space. C. See Parking (Chapter 17.50 ECDC), Design Review (Chapter 20.10 ECDC) and Sign Code (Chapter 20.60 ECDC) for additional standards. The following design standards shall also apply to buildings within the BC-EW zone. 1. Massing and Articulation. a. Intent. To reduce the massiveness and bulk of large box-like buildings, and articulate the building form to a pedestrian scale. Standards. Buildings shall convey a visually distinct base and top. A “base” can be emphasized by a different masonry pattern, more architectural detail, visible plinth above which the wall rises, storefront, canopies, or a combination. The top edge is highlighted by a prominent cornice, projecting parapet or other architectural element that creates a shadow line.Ground Level Details. 2.3.b Packet Pg. 122 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) a. Intent. To reinforce the character of the streetscape by encouraging the greatest amount of visual interest along the ground level of buildings facing Edmonds Way. Standards. Ground-floor, street-facing facades of commercial and mixed-use buildings shall incorporate at least five of the following elements: i. Lighting or hanging baskets supported by ornamental brackets; ii. Medallions; iii. Belt courses; iv. Plinths for columns; v. Bulkhead for storefront window; vi. Projecting sills; vii. Tile work; viii. Transom or clerestory windows; ix. Planter box; x. An element not listed here that meets the intent, as approved by the Architectural Design Board. Treating Blank Walls. a. Intent. To ensure that buildings do not display blank, unattractive walls. Standards. Walls or portions of walls on abutting streets or visible from residential areas where windows are not provided shall have architectural treatment. At least five of the following elements shall be incorporated into such walls: i. Masonry (except for flat, nondecorative concrete block); ii. Concrete or masonry plinth at the base of the wall; iii. Belt courses of a different texture and color; iv. Projecting cornice; 2.3.b Packet Pg. 123 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) v. Decorative tile work; vi. Medallions; vii. Opaque or translucent glass; viii. Artwork or wall graphics; ix. Lighting fixtures; x. Green walls; xi. An architectural element not listed above, as approved, that meets the intent. D. Density. There is no maximum density for permitted multiple dwelling units. E. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.060065. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3627 § 2, 2007; Ord. 3539 § 1, 2005; Ord. 3518 § 1, 2004; Ord. 3492 § 1, 2004; Ord. 3256 § 1, 1999; Ord. 3232 § 1, 1998; Ord. 3147 § 1, 1997]. 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers’ markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 5, 2013; Ord. 3902 § 3, 2012; Ord. 3627 § 2, 2007; Ord. 3320 § 3, 2000; Ord. 3147 § 1, 1997]. 2.3.b Packet Pg. 124 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.50.040 Green building incentives. A. General. New buildings, as well as additions and remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design™ (LEED) Gold, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences are ineligible for these incentives. Remodeled existing single-family residences can earn the incentives for the RS zone instead (see ECDC 16.20.060). See Chapter 17.100 ECDC for incentives for community facilities. C. Height. Certified development is allowed an additional five feet above the stated height limit of ECDC 16.50.020(A) in addition to the standard pitched roof height bonus of ECDC 16.50.020(A). D. Parking. Development certified LEED Gold, Built Green® 4-Star, or better must provide at least one parking space per 500 square feet of commercial floor area and/or one parking space per dwelling unit instead of the parking required by Chapter 17.50 ECDC. Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then unable to achieve the requirements is subject to the enforcement measures of ECDC 19.00.050. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 3, 2024]. Chapter 16.53 BP – PLANNED BUSINESS Sections: 16.53.000 Purpose. 16.53.010 Uses. 2.3.b Packet Pg. 125 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16.53.020 Site development standards. 16.53.030 Site development exceptions – Green building incentives. 16.53.000 Purpose. The BP zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas for those small scale neighborhood-oriented retail stores, offices and retail service establishments which offer goods and services needed on an everyday basis by residents of adjacent neighborhood areas. B. To ensure compact, convenient development patterns which provide a transition to and do not intrude into adjacent residential neighborhoods. C. To permit uses which allow for controlled access by arterial traffic but which do not contribute significantly to traffic congestion. D. To permit uses which provide for pedestrian and transit access to development from adjacent neighborhoods. E. To permit commercial uses which utilize site designs which allow for and promote shared access with adjacent commercial parcels. [Ord. 3127 § 1, 1997]. 16.53.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellingsLow-density residential buildings in accordance with the regulations applicable to the RS-6LDR-M zone, Chapter 16.20 ECDC; 2. Business or professional offices or studios; 3. Small-scale retail sales or services not exceeding 5,000 square feet of cumulative space on a site, such as convenience stores, video stores, barber shops, beauty shops, gift shops, bookstores, florists/nurseries, dry cleaning stores and laundromats; 2.3.b Packet Pg. 126 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. Art galleries; 5. Churches, subject to the requirements of ECDC 17.100.020; 6. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 7. Local public facilities subject to the requirements of ECDC 17.100.050; 8. 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. Limited assembly or repair of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Multiple residential, in the story above the street floor. C. Primary Uses Requiring a Conditional Use Permit. 1. Medical, dental and veterinary clinics, including supporting uses such as pharmacies and laboratories. Veterinary clinics may include the boarding of animals under veterinary care but not commercial kennels; 2. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 3. Financial institutions; 4. Restaurants providing on-premises service to seated or walk-in patrons; 5. Small-scale retail sales or services greater than 5,000 square feet in an area of cumulative space on a site, but not exceeding 10,000 square feet of cumulative space on a site, such as convenience stores, video stores, barber shops, beauty shops, gift shops, bookstores, florists/nurseries, dry cleaning stores and laundromats; 6. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 7. Day care centers; 2.3.b Packet Pg. 127 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 8. Hospitals, convalescent homes, rest homes, sanitariums; 9. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 10. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 11. 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. Outdoor storage, incidental to a permitted or conditional use. E. Prohibited Uses. Any use not specifically set forth herein, including but not limited to: 1. Automobile service stations; 2. Drive-in/drive-thru businesses. [Ord. 4333 § 11 (Exh. A), 2023; Ord. 3353 § 5, 2001; Ord. 3127 § 1, 1997]. 16.53.020 Site development standards. A. Table. Except as hereinafter provided, development requirements shall be as follows: Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side/Rear Setback Maximum Height Maximum Floor Area BP None None 15' None1 25'2 None 1 Fifteen feet from lot lines adjacent to R-zoned property. 2 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height have a slope of four inches in 12 inches or greater. B. Signs, Access, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. Sign standards shall be the same as those for the BN – neighborhood business zoning classification. 2.3.b Packet Pg. 128 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Access to BP-zoned property shall be combined whenever possible with adjacent properties through the use of internal circulation or frontage driveways. C. The required setback from LDR-zoned property shall be landscaped with trees and ground cover and continuously maintained by the owner of the BP lot. A six-foot minimum height fence, wall or dense, continuous hedge shall be maintained in the setback. [Ord. 3127 § 1, 1997]. 16.53.030 Site development exceptions – Green building incentives. A. General. New commercial buildings, as well as additions and remodels to existing commercial buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design™ Gold certification or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. B. Eligibility. Development of new single-family residences cannot receive these green building incentives. See Chapter 17.100 ECDC for incentives for community facilities. C. Height. Certified development receives an additional five feet to the height maximum, in addition to the standard pitched roof height bonus of ECDC 16.53.020(A). D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area instead of parking required by Chapter 17.50 ECDC. Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then failing to achieve the requirements is subject to the enforcement measures of Chapter 19.00 ECDC. F. Permit Review. Green buildings are eligible to receive expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 4, 2024]. 2.3.b Packet Pg. 129 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.55 CW – COMMERCIAL WATERFRONT Sections: 16.55.000 Purposes. 16.55.010 Uses. 16.55.020 Site development standards. 16.55.030 Operating restrictions. 16.55.040 Green building incentives. 16.55.000 Purposes. The CW zone has the following specific purposes in addition to the general purposes listed in Chapter 16.40 ECDC: A. To reserve areas for water-dependent and water-related uses and for uses which will attract pedestrians to the waterfront; B. To protect and enhance the natural features of the waterfront, and encourage public use of the waterfront; C. To ensure physical and visual access to the waterfront for the public. [Ord. 4213 § 1 (Att. A), 2021]. 16.55.010 Uses. A. Permitted Primary Uses. 1. Marine-oriented services; 2. Retail uses which are either marine oriented or pedestrian oriented, excluding drive-in businesses; 3. Petroleum products storage and distribution; 2.3.b Packet Pg. 130 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. Offices, above the ground floor, excluding medical, dental and veterinary clinics; 5. Local public facilities with marine-oriented services or recreation; 6. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070; 7. Hotels. B. Permitted Secondary Uses. 1. Off-street parking and loading in connection with a permitted use; 2. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Secondary Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC; 2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 4314 § 46 (Exh. A), 2023; Ord. 4213 § 1 (Att. A), 2021; Ord. 3353 § 6, 2001; Ord. 2366 § 9, 1983; Ord. 2307, 1982; Ord. 2283 § 6, 1982]. 16.55.020 Site development standards. A. Table. Minimum Lot Area Minimum Lot Width Minimum1 Setbacks Maximum Height Maximum Coverage CW None None 15' landward of bulkheads for buildings; 60' landward of bulkheads for parking 30'2 None 2.3.b Packet Pg. 131 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1 Fifteen feet from lot lines adjacent to R zoned property. 2 Tanks which are part of a petroleum products storage and distribution facility are allowed to be 48 feet in height. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. C. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.060065 and reviewed by the architectural design board. [Ord. 4213 § 1 (Att. A), 2021; Ord. 2526 § 7, 1985]. 16.55.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building except for: 1. Petroleum products storage and distribution; 2. Sales, storage, repair and limited building of boats; 3. Public parks; 4. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 5. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Property Performance Standards. [Ord. 4213 § 1 (Att. A), 2021; Ord. 3902 § 4, 2012; Ord. 3320 § 4, 2000]. 16.55.040 Green building incentives. A. General. New buildings, as well as additions or remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design™ (LEED) Gold certification or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. 2.3.b Packet Pg. 132 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. Eligibility. See Chapter 17.100 ECDC for incentives for community facilities. C. Height. Certified development can receive an additional five feet above the stated height limit in ECDC 16.55.020. Building heights remain subject to the Shoreline Management Act – Chapter 90.58 RCW. D. Parking. Development certified LEED Gold or better must provide at least one parking space per 500 square feet of commercial floor area instead of parking required by Chapter 17.50 ECDC. Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. E. Enforcement. Development granted these incentives but then failing to achieve the requirements is subject to the enforcement measures of Chapter 19.00 ECDC. F. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 5, 2024]. 2.3.b Packet Pg. 133 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.60 CG – GENERAL COMMERCIAL ZONE Sections: 16.60.000 CG zone. 16.60.005 Purposes. 16.60.010 Uses. 16.60.015 Location standards for sexually oriented businesses. 16.60.020 Site development standards – General. 16.60.030 Site development standards – Design. 16.60.040 Operating restrictions. 16.60.050 Green building incentives. 16.60.000 CG zone. A. This chapter establishes the general commercial zoning district. B. Definitions. For purposes of this chapter, the following definitions apply: 1. “Amenity space” means outdoor space for uses that are considered to provide an amenity or benefit to people. 2. “Auto sales use” means facilities for the commercial sale of motor vehicles, including buildings and areas typically associated with auto sales use, such as areas for the display and storage of automobiles that are sold or serviced as part of the overall auto sales use. 3. “Frontage” means the front part of a property or building adjacent to a street. 4. “Primary frontage” (or “primary street frontage”) means the frontage for a property that is adjacent to only one street or, for a property that is adjacent to more than one street, the frontage that is adjacent to the street that is considered primary over any other streets to which the property is adjacent. 5. “Step-back” means the upper portion of a building that is required to be set (or stepped) further back than the minimum setback otherwise required by ECDC 16.60.020(A). 2.3.b Packet Pg. 134 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. Where this chapter conflicts with any other, this chapter shall prevail for the general commercial district. [Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.005 Purposes. The CG zone has the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. Encourage economic vitality through businesses, investment, redevelopment, and efficient use of land; B. Encourage safe and comfortable access for pedestrians, transit, and motorists; C. Encourage attractive mixed-use development, affordable housing, and a variety of commercial uses; and D. Recognize the district’s evolving identity and sense of place, including distinctions between different parts of the district, and be sensitive to adjacent residential zones. [Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsections (B) and (D) of this section; 2. Halfway houses; 3. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. B. Permitted Secondary Uses. 2.3.b Packet Pg. 135 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1. Off-street parking and loading areas to serve a permitted use. 2. Indoor storage facilities that either comprise less than 40 percent of a permitted primary use of the building in which they are located or are in a separate accessory building or buildings comprising less than 40 percent of the total leasable building space used for the parcel’s permitted primary use(s). 3. Outdoor storage areas that are integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales; provided, that such outdoor uses are screened from adjacent residential zoning districts. 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Prohibited Uses. 1. Mobile home parks. 2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini-storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4314 § 47 (Exh. A), 2023; Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.015 Location standards for sexually oriented businesses. All sexually oriented businesses shall comply with the requirements of this section, the development regulations set forth in Chapter 17.50 ECDC, and Chapter 4.52 ECC. The standards established in this section shall not be construed to restrict or prohibit the following activities or products: (1) expressive dance; (2) plays, operas, musicals, or other dramatic works; (3) classes, seminars, or lectures conducted for a scientific or educational purpose; (4) printed materials or visual representations intended for educational or scientific purposes; (5) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (6) nudity within a hospital, clinic, or other similar medical facility for health-related 2.3.b Packet Pg. 136 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) purposes; and (7) all movies and videos that are rated G, PG, PG-13, R, and NC-17 by the Motion Picture Association of America. A. Separation Requirements. A sexually oriented business shall only be allowed to locate where specifically permitted and only if the following separation requirements are met: 1. No sexually oriented business shall be located closer than 300 feet to any of the following protected zones, whether such protected zone is located within or outside the city limits: a. A residential zone as defined in Chapter 16.10 ECDC; b. A public use zone as defined in Chapter 16.80 ECDC. 2. No sexually oriented business shall be located closer than 300 feet to any of the following protected uses, whether such protected use is located within or outside the city limits: a. A public park; b. A public library; c. A nursery school or preschool; d. A public or private primary or secondary school; e. A church, temple, mosque, synagogue, or other similar facility used primarily for religious worship; f. A community center such as an amusement park, public swimming pool, public playground, or other facility of similar size and scope used primarily by children and families for recreational or entertainment purposes; g. A permitted residential use located in a commercial zone; h. A museum; and i. A public hospital or hospital district. 3. No sexually oriented business shall be located closer than 500 feet to any bar or tavern within or outside the city limits. 2.3.b Packet Pg. 137 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. Measurement. The separation requirements shall be measured by following a straight line from the nearest boundary line of a protected zone specified in subsection (A) of this section or nearest physical point of the structure housing a protected use specified in subsection (A) of this section to the nearest physical point of the tenant space occupied by a sexually oriented business. C. Variance From Separation Requirements. Variances may be granted from the separation requirements in subsection (A) of this section if the applicant demonstrates that the following criteria are met: 1. The natural physical features of the land would result in an effective separation between the proposed sexually oriented business and the protected zone or use in terms of visibility and access; 2. The proposed sexually oriented business complies with the goals and policies of the community development code; 3. The proposed sexually oriented business is otherwise compatible with adjacent and surrounding land uses; 4. There is a lack of alternative locations for the proposed sexually oriented business; and 5. The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed sexually oriented business. D. Application of Separation Requirements to Existing Sexually Oriented Businesses. The separation requirements of this section shall not apply to a sexually oriented business once it has located within the city in accordance with the requirements of this section. [Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.020 Site development standards – General. A. Table. Except as hereinafter provided, development requirements shall be as follows: 2.3.b Packet Pg. 138 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side/Rear Setback Maximum Height Maximum Floor Area CG None None 5'/10'2 0'/15'1 75'3 None 1 Fifteen feet from all lot lines adjacent to RM or RS LDR zoned property; otherwise no setback is required by this subsection. 2 The five-foot minimum width applies only to permitted outdoor auto sales use; otherwise the minimum is 10 feet. 3 None for structures located within an area designated as a high-rise node on the comprehensive plan map. B. Maximum height for purposes of this chapter need not include railings, chimneys, mechanical equipment or other exterior building appurtenances that do not provide interior livable space. In no case shall building appurtenances together comprise more than 20 percent of the building surface area above the maximum height. C. Pedestrian Area. 1. For purposes of this chapter, the pedestrian area described herein is the area adjacent to the street that encompasses the public right-of-way from the edge of the curb (or, if no curb, from the edge of pavement) and the street setback area, as identified in the table in subsection (A) of this section. 2. The pedestrian area is composed of three zones: the activity zone, the pedestrian zone, and the streetscape zone. Providing improvements to the pedestrian area, as needed to be consistent with this subsection on at least the primary street, is required as part of development projects, excluding development that would not add a new building or that consists of building improvements that do not add floor area equaling more than 10 percent of the building’s existing floor area or that consists of additional parking stalls that comprise less than 10 percent of the existing parking stalls or that consists of development otherwise exempted under this chapter. a. Activity Zone. The activity zone shall be the open-air pedestrian area from the building front to the edge of the pedestrian zone. The activity zone is the section of the pedestrian area that is reserved for activities that commonly occur immediately 2.3.b Packet Pg. 139 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) adjacent to the building facade. Typical amenities or activities included in the activity zone include, but are not limited to, sidewalks, benches, potted plants, outdoor dining and shopping. The area shall be paved to connect with the pedestrian zone in an ADA- accessible manner. Stairs, stoops and raised decks or porches may be constructed in a portion of the activity zone. b. Pedestrian Zone. The pedestrian zone is located between the activity zone and the streetscape zone. The pedestrian zone consists of a minimum five-foot clear and unobstructed path for safe and efficient through traffic for pedestrians. Architectural projections and outdoor dining may be permitted to encroach into the pedestrian zone only where a minimum five-foot clear path and seven-foot vertical clearance is maintained within the pedestrian zone. c. Streetscape Zone. The streetscape zone is located between the curb or pavement edge to the edge of the pedestrian zone and shall be a minimum of five feet wide. The streetscape zone is the section that is reserved for pedestrian use and for amenities and facilities that commonly occur between the adjacent curb or pavement edge and pedestrian through traffic. Typical amenities and facilities in the streetscape zone include, but are not limited to, street trees, street lights, benches, bus stops, and bike racks. Street trees shall be required in conformance with the Edmonds Street Tree Plan. (Illustration: Pedestrian area) D. Building Step-Back When Adjacent to or Directly Across the Street From RSLDR Zones. 1. For buildings greater than 55 feet in height, the portion of the building above 25 feet must step back no less than 10 feet from the required setback adjacent to or directly across the street from an RSLDR zone. That portion of the building over 55 feet in height must step back no less than 30 feet from the required setback adjacent to or directly across the street from an RSLDR zone. 2. Balconies, railings, parapets and similar features that do not enclose an interior space may extend into the step-back area in order to encourage more human activity and architectural features. 2.3.b Packet Pg. 140 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) (Illustrations: Setback and “step-back” of building adjacent to or across the street from RSLDR zones) [Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. 16.60.030 Site development standards – Design. A. Screening and Buffering. 1. General. a. Retaining walls facing adjacent property or public rights-of-way shall not exceed seven feet in height. A minimum of four feet of planted terrace is required between stepped wall segments. b. Tree landscaping may be clustered to soften the view of a building or parking lot, yet allow visibility to signage and building entry. c. Stormwater facilities shall be designed to minimize visual impacts and integrate landscaping into the design. d. All parking lots are required to provide Type V interior landscaping, consistent with Chapter 20.13 ECDC. e. Type I landscaping is required for commercial, institutional and medical uses adjacent to single-family or multifamilyresidential (LDR and RM) zones. The buffer shall be a minimum of 10 feet in width and continuous in length. f. Type I landscaping is required for residential parking areas adjacent to single- familyresidential (LDR and RM) zones. The buffer shall be a minimum of four feet in width and continuous in length. g. Type I landscaping is required for commercial and multifamily uses adjacent to single-family zones. The buffer shall be a minimum of four feet in width and 10 feet in height and continuous in length. 2.3.b Packet Pg. 141 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) hg. If there is a loading zone and/or trash compactor area next to a single-family or multifamilyresidential (LDR and RM) zone, there shall be a minimum of a six-foot- high masonry wall plus a minimum width of five feet of Type I landscaping. Trash and utility storage elements shall not be permitted to encroach within street setbacks or within setbacks adjacent to single-family zones.the LDR zone. Mechanical equipment, including heat pumps and other mechanical elements, shall not be placed in the setbacks. i. Landscape buffers, Type I, shall be used along the edge of parking areas adjacent to single-family zones. jh. Outdoor storage areas for commercial uses must be screened from adjacent RSresidential (LDR and RM) zones. 2. Parking Lots Abutting Streets. a. Type IV landscaping, minimum five feet wide, is required along all street frontages where parking lots, excluding for auto sales use, abut the street right-of-way. b. For parking lots where auto sales uses are located, the minimum setback area must be landscaped to include a combination of vegetation and paved pedestrian areas. c. All parking located under the building shall be completely screened from the public street by one of the following methods: i. Walls that have architectural treatment meeting at least three of the elements listed in subsection (D)(2)(e) of this section; ii. Type III planting and a grill that is 25 percent opaque; or iii. Grill work that is at least 80 percent opaque. B. Parking, Access, and Bicycle Storage Standards. 1. Parking Requirements. Vehicle parking shall be provided as follows: a. Nonresidential uses, one space per 500 square feet of leasable building space; and 2.3.b Packet Pg. 142 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) b. Residential uses, an average of 0.75 space per unit that is less than 700 square feet, an average of 1.25 parking spaces per unit that is between 700 and 1,100 square feet, and otherwise 1.75 spaces per unit. c. In addition, guest parking for residential uses at a minimum ratio of one guest space for every 20 required parking spaces. d. For mixed-use development, a portion of the parking spaces may be shared between residential and commercial uses provided the director finds that the proposal is supported by a parking study and/or nationally recognized parking standards and that the site plan assures access for all shared parking uses. e. Parking meeting the nonresidential parking requirements shall be open to the public throughout business operating hours. 2. The first 3,000 square feet of commercial space in a mixed-use development with a shared parking plan is exempt from off-street parking requirements. 3. The planning and development director may approve a different ratio for the vehicle parking required by the standards of subsection (B)(1) of this section when an applicant submits parking data illustrating that the standards do not accurately apply to a specific development. The data submitted for an alternative parking ratio shall include, at a minimum, the size and type of the proposed development, and the anticipated peak and average parking loads of all uses. The director may approve a parking ratio that is based on the specific type of development and its primary users in relationship to: a. An analysis conducted using nationally recognized standards or methodology, such as is contained in the Urban Land Institute’s most recent version of the publication “Shared Parking” or the latest version of the Institute of Transportation Engineers publication “Parking Generation”; or b. A site-specific parking study that includes data and analysis for one or more of the following: i. One-quarter-mile proximity to a bus rapid transit station and methodology that takes into account transit-oriented development; 2.3.b Packet Pg. 143 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) ii. Use of transportation demand management policies, including but not limited to free or subsidized transit passes for residents and workers; iii. On-site car-share and bike-share facilities; iv. Uses that serve patients, clients, or tenants who do not have the same vehicle parking needs as the general population; or v. Other methods that reduce the need for vehicle parking. 4. All off-street surface parking shall be located to the side or rear of the primary building, except as otherwise allowed by this chapter, and shall be screened from the sidewalk by a wall or plantings between two to four feet in height. Outdoor parking areas shall comprise 40 percent or less of the public street frontage area within 100 feet of the primary street for the lot or tract and, on corner lots, may not be located at the corner. The requirements of this subsection do not apply to permitted auto sales uses. 5. Electric Vehicle Charging Stations. See Chapter 17.115 ECDC for parking standards relating to electric vehicle (EV) charging infrastructure. 6. Bicycle Storage Spaces. See Chapter 17.120 ECDC for parking standards relating to bicycle parking facilities. 7. Driveways Accessing Highway 99. All driveway connections to Highway 99 must meet the applicable requirements of the Washington State Department of Transportation, including minimum requirements for distance between driveway access connections, which may be up to 250 feet to help promote traffic safety and minimize pedestrian-vehicle conflicts. 8. Paths Within Parking Lots. a. Pedestrian paths in parking lots shall be delineated by separate paved routes that meet federal accessibility requirements and that use a variation in textures and/or colors and may include landscape barriers and landscape islands. b. Pedestrian paths shall be provided at least every 180 feet within parking lots. These shall be designed to provide access to on-site buildings as well as to pedestrian walkways that border the development. 2.3.b Packet Pg. 144 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) c. Pedestrian paths shall be a minimum of six feet in width and shall be separated from the parking area either horizontally or vertically (e.g., with curbs). Where paths cross vehicular lanes, raised traffic tables should be considered if feasible. d. Parking lots shall have pedestrian connections to the main sidewalk at a minimum of every 100 feet. 9. Bonus for Parking Below or Above Ground Floor. a. For projects where at least 50 percent of the parking is below or above the ground floor of the building, the following standards may be applied regardless of any ECDC standards that otherwise conflict: i. The minimum drive aisle width may be reduced to 22 feet. ii. The maximum ramp slope may be increased to 20 percent. iii. A mixture of full and reduced width parking stalls may be provided without demonstrating the stalls could also be provided at full width dimensions. 10. Drive-Through Facilities. Drive-through facilities such as, but not limited to, banks, cleaners, fast food, drug stores, and espresso stands, shall comply with the following: a. Drive-through windows and stacking lanes shall not be located along the facades of the building that face a street. b. No more than one direct entrance or exit from the drive-through shall be allowed as a separate curb cut onto an adjoining street. 11. Pedestrian and Transit Access. a. Pedestrian building entries must connect directly to the public sidewalk and to adjacent developments if feasible. b. Internal pedestrian routes shall extend to the property line and connect to existing pedestrian routes where applicable. Potential future connections shall also be identified such that pedestrian access between developments can occur without walking in the parking or access areas. 2.3.b Packet Pg. 145 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) c. Where a transit station or bus stop is located in front of or adjacent to a parcel, pedestrian connections linking the station or stop directly to the development are required. d. Pedestrian routes shall connect buildings on the same site to each other. C. Site Design and Layout. Overall, the design and use of each site shall be based on the building/street relationship and on the integration of pedestrian features. This will take the form of either a pedestrian-oriented design area or an alternative walkable design area, as described in subsections (C)(1) and (2) of this section; provided, that an exceptions process, pursuant to subsection (C)(3) of this section, may be allowed under the provisions of this section. Additional site design and layout standards in this section must also be met. 1. Pedestrian-Oriented Design Area. Unless otherwise permitted under subsection (C)(2) or (3) of this section, development must meet the requirements of this subsection for a pedestrian-oriented design area. a. Primary Frontage. At least 50 percent of a building’s facade facing the primary public street shall be located within 20 feet of the property line where the primary street frontage exists. The illustration below provides an example of this concept. The requirement does not apply to buildings that are behind another building on the same lot when the other building has a footprint of at least 3,000 square feet and has met the requirement. Where site constraints preclude strict compliance with the requirement, the building line shall be measured one foot behind the line created by that constraint. On a corner lot or a lot with frontages on multiple streets, the planning and development director shall determine the primary street frontage considering the following: i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; or iv. Unique characteristics of the lot or street. b. The building must include a prominent pedestrian entry on the primary frontage. Vehicle parking, other than where permitted for vehicle sales use, shall not be located 2.3.b Packet Pg. 146 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) within the first 20 feet of the primary street frontage. The first 20 feet of the primary street frontage may include building space, landscaping, artwork, seating areas, outdoor displays, and pedestrian and bicycle facilities. 2. Alternative Walkable Design Area Option. An alternative to the pedestrian-oriented design area requirements of subsection (C)(1) of this section may be allowed by the planning and development director only for sites that the director has found to have unique and significant constraints related to pedestrian access and for which a phased design plan to increase pedestrian access and connectivity has been submitted to the planning and development department. While they currently may be largely auto-oriented, walkable design areas have a high potential for walking, bicycling and transit service. If a development is allowed to use this standard, it shall be subject to the requirements of this subsection. a. Building Placement. For any new building permitted on a property after August 1, 2017, a minimum of 50 percent of the building’s facade facing the primary street shall be located within 60 feet of the front property line or within 65 feet where a five-foot landscaping area is provided between the parking lot and the sidewalk. When site constraints preclude strict compliance with this requirement, the building line shall be measured one foot behind the line created by that constraint. b. On a corner lot or a lot with frontages on multiple streets, the planning and development director shall determine the primary street frontage considering the following: i. The street classification of the adjacent streets; ii. The prevailing orientation of other buildings in the area; iii. The length of the block face on which the building is located; iv. The location of any alley or parking areas; or v. Unique characteristics of the lot or street. c. No more than one double-sided row of parking spaces shall be allowed in the front of a building on its primary frontage. d. A pedestrian entrance must be located on the primary frontage. 2.3.b Packet Pg. 147 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) e. Required amenity spaces, under subsection (C)(4) of this section, shall be located to connect the building to the street as much as practicable; provided, that amenity space may also be located between buildings where the space will be used in common. 3. Exceptions Process for Pedestrian or Walkable Design. An exception to the exact requirements of subsection (C)(1) or (2) of this section may be allowed by the hearing examiner under a Type III-A decision process to provide for design flexibility that still encourages pedestrian orientation and efficient land uses when the following criteria are met: a. The property is located within 300 feet of a highway interchange and has unique pedestrian access constraints or is primarily used for motor vehicle sales; b. The development provides business and pedestrian areas that are near the primary street frontage and likely to be active throughout the day and evening; c. The development features a prominent building entry for pedestrian use that is highly visible and connected by a well-lit walkway from the primary street frontage; d. At least 25 percent of the required amenity space shall be located to connect the building to the street in a manner that encourages pedestrian use and include seating, landscaping, and artwork; e. Where a site has multiple buildings (excluding accessory utility buildings), 50 percent or more of the required amenity space shall be located between buildings to allow for shared use; f. No more than 50 percent of vehicle parking, other than that associated with a permitted vehicle sales facility use, may be located within 20 feet of the front property line; g. One or more buildings on the site must have at least two stories of useable space. 4. Amenity Space. Amenity space is intended to provide residents, employees, and visitors with places for a variety of outdoor activities. 2.3.b Packet Pg. 148 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) a. An area equivalent to at least five percent of the building footprint shall be provided as amenity space. If a vehicle parking area is being added to the site without the concurrent development of a building of at least 2,000 square feet, amenity space must be provided to equal at least five percent of the additional parking area. b. The amenity space shall be outdoor space that incorporates pedestrian-oriented features, such as, but not limited to, seating, paths, gazebos, dining tables, pedestrian- scale lighting, and artwork. A minimum of 10 percent of the required amenity space shall be comprised of plantings, which may include tree canopy areas and other shade or screening features. Native vegetation is encouraged. c. The majority of the required amenity space must be provided in one or more of the following forms: i. Recreation areas: an open space available for recreation. The area may be spatially defined by landscaping rather than building frontages. Its surface shall consist primarily of hardy groundcover or a material conducive to playground or recreational use. Decorative landscape features, such as flower beds, shall not comprise more than 15 percent of the total area. ii. Plazas: an open space available for community gathering and commercial activities. A plaza shall be spatially defined primarily by either building facades, with strong connections to interior uses, or close proximity to the public sidewalk, especially at the intersection of streets. Its surface shall be primarily hardscape; provided, that trees, shade canopies, and other landscaping, as well as water features and artwork, may add visual or environmental features to the space. iii. Squares or courtyards: an open space available for unstructured recreation or community gathering purposes. A square is spatially defined by building facades with strong connections to interior uses. Its surface shall be primarily hardscape, supplemented by trees and other landscaping. Water features and artwork are optional. iv. Exception. A community garden may comprise a portion of any amenity space; provided, that it: (A) Is located more than 20 feet from a primary street frontage; 2.3.b Packet Pg. 149 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) (B) Is dedicated to ongoing use by residents of the site, including for growing edible produce; and (C) Includes facilities for watering the garden and storing garden supplies. 5. Lighting. All lighting shall be shielded and directed downward and away from adjacent parcels. This may be achieved through lower poles at the property lines and/or full “cut off” fixtures. a. Parking lots shall have lighting poles that are a maximum of 25 feet in height. Pedestrian paths or walkways and outdoor steps shall have pedestrian-scaled lighting focused on the travel path. Pole height shall be a maximum of 14 feet, although lighting bollards are preferred. b. For pedestrian paths and walkways on internal portions of the site, solar-powered lighting may be sufficient. c. Entries shall have lighting for safety and visibility integrated with the building/canopy. D. Building Design Standards. 1. General. To provide variety and interest in appearance, the following design elements should be considered, and a project shall demonstrate how at least four of the elements will be used to vary the design of the site: a. Building massing and unit layout; b. Placement of structures and setbacks; c. Location of pedestrian and vehicular facilities; d. Composition and character of open space, plant materials and street trees; e. Variety in architectural elements, facade articulation, and/or building materials; f. Roof variation in slope, height and/or materials. 2. Building Design and Massing. 2.3.b Packet Pg. 150 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) a. Buildings shall convey a visually distinct “base” and “top,” which may be achieved through differences in massing elements and/or architectural details. b. The bulk and scale of buildings of over 3,000 square feet in footprint shall be mitigated through the use of massing and design elements such as facade articulation and modulation, setbacks, step-backs, distinctive roof lines or forms, and other design details. c. Primary Frontage. On the primary frontage, to provide visual connection between activities inside and outside the building, 50 percent of the building facade between two and 10 feet in height, as measured from the adjacent sidewalk, shall be comprised of windows or doors that are transparent, the bottom of which may not be more than four feet above the adjacent sidewalk. A departure from this standard may be approved when the facade will not be visible from the public street due to the placement of other buildings on the site; provided, that the requirements of subsection (D)(2)(e) of this section shall apply. i. On the primary frontage, no vehicle parking shall be located within the first 20 feet of the first level of a building facing the street except where such parking is underground. d. All Other Building Frontages. All street-facing facades within 30 feet of a public street, other than for the primary frontage or those facing an alley or the last block of a dead-end street, shall comply with the standard below. i. Thirty percent of the building facade between two and 10 feet in height shall be made of windows or doors that are transparent, the bottom of which may not be more than four feet above the adjacent sidewalk. Windows shall not be mirrored or have glass tinted darker than 40 percent in order to meet this requirement. e. Wall Treatment. Building facades not subject to all requirements of subsection (D)(2)(c) or (d) of this section are intended to not display blank, unattractive walls to the public or to other building tenants. To accomplish this, walls greater than 30 feet in length shall have architectural treatment that incorporates at least four of the following elements into the design of the facade: 2.3.b Packet Pg. 151 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) i. Masonry (except for flat concrete block). ii. Concrete or masonry plinth at the base of the wall. iii. Belt courses of a different texture and color. iv. Projecting cornice. v. Projecting metal or wood canopy. vi. Decorative tilework. vii. Trellis containing planting. viii. Medallions. ix. Artwork or wall graphics. x. Vertical differentiation. xi. Decorative lighting fixtures. xii. Glazing. xiii. An architectural element not listed above that is approved by the director to meet the intent of this subsection. [Ord. 4302 § 1 (Att. A), 2023; Ord. 4299 § 18 (Exh. A), 2023; Ord. 4277 § 2 (Exh. A), 2022; Ord. 4251 § 2 (Exh. A), 2022; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3736 § 11, 2009; Ord. 3635 § 1, 2007]. 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except the following: 1. Public utilities; 2. Off street parking and loading areas; 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.010(B); 2.3.b Packet Pg. 152 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 6. Public markets; provided, that when located next to a single-family residential zone, the market shall be entirely within a completely enclosed building; 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC; 8. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. B. Interim Use Status – Public Markets. Unless a public market is identified on a business license as a year-round market within the city of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary activity, any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established in this chapter. C. Ongoing Uses. 1. Audio equipment at drive-through facilities shall not be audible off site. 2. Development subject to the standards of this chapter shall continue to meet the standards of this chapter except as specifically permitted otherwise. [Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3932 § 8, 2013; Ord. 3902 § 5, 2012; Ord. 3635 § 1, 2007]. 16.60.050 Green building incentives. A. General. New buildings, as well as additions or remodels to existing permitted buildings, may earn reduced site development standards by receiving U.S. Green Building Council® Leadership in Energy and Environmental Design™ (LEED) Gold certification, Master Builders Association of King and Snohomish Counties Built Green® 4-Star certification, or better. The appropriate LEED rating system depends on the project. Each building receives incentives independently for their individual certification. 2.3.b Packet Pg. 153 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. Eligibility. These incentives are available to commercial, multifamily residential, and mixed- use development only. Development of new single-family residences is ineligible for these incentives. See Chapter 17.100 ECDC for incentives for community facilities. C. Parking. Multifamily residential development certified LEED Gold, Built Green® 4-Star, or better must provide at least one off-street parking space per dwelling unit rather than the standards of ECDC 16.60.030(B)(1). Electric vehicle parking standards of Chapter 17.115 ECDC remain calculated off standard parking requirements. D. Enforcement. Development granted these incentives but then failing to achieve the requirements is subject to the enforcement measures of Chapter 19.00 ECDC. E. Permit Review. Green buildings are eligible to receive the expedited plan review, as established by ECDC 19.00.050. [Ord. 4375 § 6, 2024]. 2.3.b Packet Pg. 154 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 16.62 MU – MEDICAL USE ZONE Sections: 16.62.000 Purpose. 16.62.010 Uses. 16.62.020 Site development standards. 16.62.000 Purpose. The MU zone has the following specific purposes: A. To reserve areas for hospitals and related medical facilities. B. To reserve areas that would provide the underlying zoning needed to enable master planning for medical campuses. C. To reserve areas for the concentration of medical facilities in order to enable the efficient provision of a wide spectrum of medical services. D. The uses permitted in this zone are intended to be functionally related to or serve medical uses or health care services. [Ord. 3118 § 1, 1996]. 16.62.010 Uses. A. Permitted Primary Uses. 1. Medical and health care uses including but not limited to hospitals, outpatient clinics, continuing/long-term care services, hospice services, laboratories, medical research facilities, emergency medical services and offices of doctors, dentists, physical therapists, and all others related to medical and health care uses; 2. Medical staff facilities and similar uses, including but not limited to educational and meeting facilities and staff sleeping quarters; 2.3.b Packet Pg. 155 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3. Retail sales and services related to medical uses, including but not limited to pharmacies and convenience stores, gift shops, bookstores, florists, medical and health care equipment sales and restaurants. Only uses directly related to supplying medical services may be permitted to operate drive-through facilities; 4. Residential uses dependent upon or related to medical care, including but not limited to convalescent care facilities, nursing homes, retirement homes, group homes for the disabled and overnight accommodations; 5. Day care facilities; 6. Counseling centers and alcohol and drug treatment facilities; 7. Transit and other transportation-related facilities; 8. Local public facilities, whether or not planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 10. 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. Helicopter pads related to medical use, if approved as part of a master plan and adopted as part of the comprehensive plan; 2. Facilities for the permanent storage and/or disposal of biomedical, radioactive and other hazardous waste shall not be permitted; provided, however, that facilities for the treatment or temporary storage of biomedical, radioactive and other hazardous waste generated within the medical use zone, or by local publicly operated medical facilities related to the hospital, shall be permitted; 3. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Secondary Uses Requiring a Conditional Use Permit. 2.3.b Packet Pg. 156 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1. Helicopter pads related to medical use. If the location of a helipad is not included as part of an approved master plan, then a conditional use permit shall be required. In addition to the conditional use permit review criteria, the development and use of a helipad shall be subject to the following conditions: a. The helipad shall be limited to emergency medical uses only; b. Noise from the helipad must be minimized using buffering combined with other operational and site design techniques to minimize the noise impact on surrounding uses; c. The helipad shall be sited no closer than 75 feet to any right-of-way or property boundary; d. The hospital district shall take reasonable measures to ensure safety around the helipad, when in use, and shall comply with all applicable FAA standards and regulations; e. The helipad should be located in the southern portion of the site in order to mitigate potential noise impacts of the residential areas to the north; 2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 4333 § 12 (Exh. A), 2023; Ord. 4314 § 48 (Exh. A), 2023; Ord. 3453 § 3, 2003; Ord. 3353 § 7, 2001; Ord. 3118 § 1, 1996]. 16.62.020 Site development standards. A. Table. Except as hereinafter provided, development requirements shall be as follows: Minimum Lot Area Minimum Lot Width Minimum Street Setback Minimum Side/rear Setback Maximum Height Maximum Floor Area MU None None 15' 15 feet1 35'235'1 None 2.3.b Packet Pg. 157 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1 The side/rear setback shall be 25 feet for all property lines adjacent to single-family residential districts. There shall also be at least one foot of distance measured from the nearest residentially zoned property line for each two feet of building height, measured from the average residential property grade. 21 The applicant may opt to use the height restrictions permitted by the underlying comprehensive plan designation, if the height restrictions are expressed in specific feet or stories. Each “story” referenced in the comprehensive plan shall be equivalent to 12 feet. Minimum setbacks as defined in Note 1 above shall still apply. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. Notwithstanding any contrary code provisions, hospitals shall have three parking spaces per bed and nursing homes shall have one parking space per 200 square feet. Signs standards shall be the same as those for the BN – Neighborhood Business zoning classification. C. Location of Retail Commercial Uses. Permitted retail sales and services shall be located and oriented toward serving related medical uses. Direct access to retail sales and services shall not be permitted from arterials which serve the general traveling public. Signage for permitted retail sales and services shall not be located along, or oriented toward, arterial streets. [Ord. 3118 § 1, 1996]. 2.3.b Packet Pg. 158 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 20.60 SIGN CODE Sections: 20.60.000 Purpose. 20.60.005 Definitions. 20.60.010 Permit required. 20.60.015 Design review procedures. 20.60.020 General regulations for permanent signs. 20.60.025 Total maximum permanent sign area. 20.60.030 Wall signs – Maximum area and height. 20.60.035 Window signs – Maximum area. 20.60.040 Projecting signs – Maximum area and height restrictions. 20.60.045 Freestanding signs – Regulations. 20.60.050 Wall graphic and identification structures. 20.60.055 Pedestrian signs. 20.60.060 Campaign signs. 20.60.065 Real estate signs. 20.60.070 Construction signs. 20.60.075 Governmental signs. 20.60.080 Temporary signs. 20.60.090 Prohibited signs. 20.60.095 Exempt signs. 20.60.100 Administration. 20.60.000 Purpose. The purpose of this chapter is to enact regulatory measures to implement those goals and policies stated in the Edmonds Comprehensive Policy Plan and to achieve the following objectives: 2.3.b Packet Pg. 159 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) A. Protect the public right-of-way from obstructions which would impair the public’s use of their right-of-way. B. Minimize the hazard to the public represented by distractions to drivers from moving, blinking, or other similar forms of signage or visual clutter. C. Provide for distinct signage for each distinct property. D. Encourage the use of graphics/symbols to reduce the visual clutter associated with overly large letters or extensive use of lettering. E. Minimize potential for view blockage and visual clutter along public rights-of-way4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.005 Definitions. For the purposes of the enforcement of this chapter, the following definitions shall apply: “Attached sign” is any sign attached or affixed to a building. Attached signs include wall signs, projecting signs, and window signs. “Boxed cabinet sign” is a permanent sign that is mounted on the face of a building that is roughly rectangular in shape and provides for internal illumination and changing the message of the sign by replacing a single transparent or translucent material such as a Plexiglass/Lexan face. This definition is meant to distinguish between a cabinet sign that is essentially a rectangular box and one that follows the outlines of the letters of the sign, or an “outline cabinet sign.” “Building ID/historic sign” is a permanent sign that identifies or names a building and assists in creating landmarks in the city. Examples include dates, “1890”; names, “Beeson Building”; or addresses. “Campaign sign” is a temporary sign displaying a message relating to a candidate, political party, or issue that is registered or certified for an upcoming election. “Commercial sign” is a sign displayed for the purpose of identifying a commercial use, or advertising a service, product, business or venture that is offered for trade or sale. 2.3.b Packet Pg. 160 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) “Community event banner” is a noncommercial sign composed of cloth, fabric, canvas or similarly flexible material that promotes a temporary community event endorsed, operated or sponsored wholly or in part by a local public entity the jurisdiction of which includes the city of Edmonds. “Community events” are nonprofit, governmental or charitable festivals, contests, programs, fairs, carnivals or recreational contests conducted within the city. “Construction sign” is a permanent or temporary sign displayed on premises where any physical excavation, construction, demolition, rehabilitation, structural alteration or related work is currently occurring, pursuant to a valid building permit. “Directional symbols” are small in size (two square feet or less) and intended to provide on-site directions to specific locations or areas (such as parking areas, drive-through facilities, ATMs and entries and/or exits), hours of operation, parking limitations, warnings of hazards, prohibition of activities (such as “no parking”), historical markers and similar public information. Directional symbols are not considered to be signage as regulated in this chapter. “Fixed sign” is any sign attached or affixed to the ground or any structure in such a manner so as to provide for continuous display for an extended or indeterminable period of time. Fixed signs include, but are not limited to, freestanding signs and wall signs. “Freestanding sign” is any sign that is not attached or affixed to a building. Freestanding signs can be further described as “monument signs” or “pole signs.” “Governmental sign” is a sign owned, operated or sponsored by a governmental entity, and which promotes the public health, safety or welfare. Governmental signs include, but are not limited to, traffic signs, directional and informational signs, publicly sponsored warning or hazard signs, and community event banners displayed by a governmental entity on public property. “Group sign” is a sign or signs on one sign structure serving two or more businesses sharing a parking facility. “Halo sign” is a sign where the light source is concealed behind an opaque face and the rays of illumination are projected outward around the edges of the sign or directed against the surface behind the sign forming a silhouette or halo effect. Halo signs are not considered to be internally illuminated signs for the purposes of this chapter. 2.3.b Packet Pg. 161 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) “Identification structure” is a structure intended to attract the attention of the public to a site, without the use of words or symbols identifying the businesses. Examples include fountains, sculptures, awnings, and totem poles. “Internally illuminated signs” include any sign where light shines through a transparent or semi- transparent sign face to illuminate the sign’s message. Exposed neon is considered to be a form of internal illumination. “Marquee” or “canopy” is a permanent roofed structure attached and supported by the building. “Marquee sign” is any sign attached to or made a part of a building marquee. A marquee sign is a form of projecting sign. “Monument signs” are freestanding signs that have integrated the structural component of the sign into the design of the sign and sign base. “Noncommercial sign” is a sign that is intended to display a religious, charitable, cultural, governmental, informational, political, educational, or artistic message, that is not primarily associated with a good, product, or service offered for sale or trade. Noncommercial signs include signs advertising incidental and temporary commercial activities conducted by churches and nonprofit businesses, clubs, groups, associations or organizations. “Off-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting, that is offered, sold, traded, provided, or conducted at some location or premises 2.3.b Packet Pg. 162 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) other than that upon which the sign is posted or displayed. Off-premises signs include all signs posted or displayed in the public right-of-way. “On-premises sign” is any sign that advertises or relates to a good, product, service, event, or meeting that is lawfully permitted to be offered, sold, traded, provided, or conducted at the location or premises upon which the sign is posted or displayed. On-premises signs also include signs not related to any particular location or premises, such as signs displaying religious, charitable, cultural, governmental, informational, political, educational, or artistic messages that are intentionally displayed by the owner of the property or premises upon which the sign is displayed. “Outline cabinet sign” is a permanent sign that is mounted on the face of a building that roughly follows the shape of the text or symbology of the sign and provides for internal illumination. This definition is meant to distinguish between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular box or a “boxed cabinet sign.” An “outlined cabinet sign” will be treated more like an “individual letter sign” where the area of the sign is calculated based on the actual outlined shape of the sign. “Permanent sign” is a fixed or portable sign intended for continuous or intermittent display for periods exceeding 60 days in any calendar year. “Pole signs” are freestanding signs where the structural support for the sign is one or more exposed pole(s). Pole signs may include community event banners where the banner is supported by at least two poles that are permanently attached to the ground (“pole-mounted community event banners”). However, pole signs with two poles that are not more than six feet in height are considered to be monument signs. “Portable sign” is any sign that is readily capable of being moved or removed, whether attached or affixed to the ground, or any structure that is typically intended for temporary display. Portable signs include, but are not limited to: 1. Signs designed and constructed with a chassis or support with or without wheels; 2. Pedestrian signs, including signs such as A-frame (sandwich board), stanchion, easel, or post-style signs intended as freestanding signs in pedestrian environments; 2.3.b Packet Pg. 163 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Left: Stanchion sign 3. Wooden, metal, or plastic “stake” or “yard” signs; 4. Posters or banners affixed to windows, railings, overhangs, trees, hedges, or other structures or vegetation, except for pole-mounted community event banners; 5. Signs mounted upon vehicles parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to- day operation of the business, and except for signs advertising for sale the vehicle upon which the sign is mounted; 6. Searchlights; 7. Inflatables. “Premises” is the actual physical area of the lot upon which a sign is posted or displayed. “Projecting sign” is any sign attached or affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall. 2.3.b Packet Pg. 164 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) “Reader board sign” is a sign that is designed to allow for a change in the message, either by adding or removing plastic letters, or by means of electronics and lights. Reader boards do not include signs which have a changeable message where the sign does not change more than once per day and where the changeable features are integrated with the background and overall design of the sign, including the sign’s typefaces, colors and symbology. Individual letters or numbers placed on a solid-colored background is considered to be a reader board. Two signs at left: Acceptable changeable message sign; Two signs at right: A reader board. “Real estate sign” is a sign displaying a message relating to the sale or rent of real property. “Sign” is any structure, device or fixture that is visible from a public place, that incorporates graphics, symbols, or written copy for the purposes of conveying a particular message to public observers, including wall graphics or identification structures. “Sign area” is the area of a sign on which copy is to be placed, as set forth in ECDC 20.60.020(A). “Temporary sign” is a sign intended for short-term display, not to exceed 60 calendar days in any calendar year. Window signs meeting the requirements of ECDC 20.60.035 are not regulated as temporary signs. “Wall graphic” is a wall sign, including murals, in which color and form, and primarily without the use of words, are a part of the overall design on the building(s) where the wall graphic is proposed. A wall graphic may be painted or applied (not to exceed one-half inch in thickness) to a building as a part of its overall color and design, but may not be internally lighted. Internally lighted assemblies, including those which project from the wall of the structure, or which are 2.3.b Packet Pg. 165 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) located on any accessory structure on the site, shall be considered wall signs and comply with the requirements of this chapter. “Wall sign” is a sign that is attached or affixed to a wall and that is parallel to and not projecting more than 12 inches at any angle from such wall. Wall signs include signs that are painted directly upon a wall. “Window sign” is a sign that is attached or affixed to a window, or a sign displayed within 24 inches of the inside of a window in such a manner as to be visible from any public place. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3631 § 1, 2007; Ord. 3628 § 8, 2007; Ord. 3561 § 1, 2005; Ord. 3514 § 1, 2004; Ord. 3461 § 2, 2003]. 20.60.010 Permit required. A. Except as provided in this chapter, no permanent sign may be constructed, installed, posted, displayed or modified without first obtaining a sign permit approving the proposed sign’s size, design, location, and display as provided for in this chapter. B. Design approval is not required for the posting of permanent signs in residential zones; provided, that the restrictions and standards of this chapter are met. If additional signage is requested for conditional or nonconforming uses in residential zones, the property owner shall apply for design review. Design review is not required for any sign which does not require a building permit. C. A sign modification shall include, but is not limited to, relocations, modifications to size, design, height or color scheme, or the replacement of 25 percent or more of the structural material in the sign area. Normal and ordinary maintenance and repair, and changes to the graphics, symbols, or copy of a sign, without affecting the size, structural design, height, or color scheme, shall not constitute modifications for purposes of this section. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 2, 2004; Ord. 3461 § 2, 2003]. 2.3.b Packet Pg. 166 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20. 60.015 Design review procedures. A. Staff Approval. Except as referred to the architectural design board pursuant to subsection (A)(1) of this section, and except as provided in subsection (B) of this section, the planning manager, or designee, shall review all applications refer design review applications to the architectural design board for the types of signs listed below, where the this chapter, and shall approve, conditionally approve or deny the application in accordance with the policies of ECDC 20.10.000 and the standards and requirements of this chapter; provided, that for murals and artwork the planning manager or designee shall review the application in accordance with the criteria set forth in subsection (C) of this section. The decision of the planning manager on any sign permit application shall be final except that signs reviewed by the architectural design board are appealable to the hearing examiner. 1. The planning manager or designee may refer design review applications to the architectural design board for the types of signs listed below, where the planning manager determines that the proposed sign has the potential for significant adverse impacts on community aesthetics or traffic safety: a. Any sign application for an identification structure as defined by this chapter; b. Any sign application for a wall graphic as defined by this chapter; c. Any proposed sign that the planning manager determines to be not consistent with the architectural features of the surrounding neighborhood. B. Review by Architectural Design Board. The architectural design board shall review those signs listed in subsection (B)(1) of this section and any sign permit referred by the planning manager pursuant to subsection (A)(1) of this section. 1. The ADB shall review any sign permit application that requests a modification to any of the standards prescribed by this chapter. The ADB shall only approve modification requests that arise from one of the following two situations: a. The request is for signage on a site that has a unique configuration, such as frontage on more than two streets, or has an unusual geometric shape or topography; 2.3.b Packet Pg. 167 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) b. The request is for signage on a building that has unique architectural elements or features or details that substantially restrict the placement or size of signage relative to other buildings in the vicinity. 2. The ADB may approve the requested modification only if it meets the following criteria: a. The design of the proposed signage must be compatible in its use of materials, colors, design and proportions with development throughout the site and with similar signage in the vicinity; b. In no event shall the modification result in signage which exceeds the maximum normally allowed by more than 50 percent. C. Staff Review of Murals and Artwork. When a proposed wall graphic is proposed as a mural or artwork, the planning manager or designee shall review and approve, conditionally approve, or deny the application in accordance with the following criteria. While a separate sign permit is required for each wall graphic, the staff may make a single design review decision on wall graphics that consist of related murals or artwork. Related murals or artwork may include multiple proposals for sites within reasonable proximity to each other that are related by theme, style, materials used, and/or context. The decision of the staff on any design review application containing a mural or art as a wall graphic may be appealed to the hearing examiner pursuant to the procedure established in Chapter 20.06 ECDC. 1. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place, and manner restrictions. In this case, these criteria will be utilized to enhance the aesthetics of the city and to ensure quality and maintenance standards are observed. No recommendation shall be based upon the content or message expressed by an artist or in a work of art. Applicants are encouraged to coordinate their artwork with the design or architectural elements of the building and the historic and pedestrian-oriented character of the downtown area. 2. Specific submission requirements for design review include, but are not limited to: a. Site sketch showing locations of artwork; b. Minimum one-fourth-inch scale color drawings of the art concept or art component; 2.3.b Packet Pg. 168 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) c. Material/color samples; d. Written Proposal. A written proposal in eight-and-one-half-inch-by-11-inch format to include a description and summary of a final design proposal for the artwork; detailed maintenance requirements; a schedule for development, fabrication, and completion; artist’s resume; and evidence of assumption of liability by applicant or designee; and e. When required pursuant to ECDC 20.45.050, a certificate of appropriateness shall be obtained from the historic preservation commission for murals on designated historic structures or within a designated historic district. 3. Review Criteria. Review criteria for the design review include: a. Quality of the materials used to create the artwork. Materials should be resistant to fading; no fluorescent paints; b. Durability and permanence, including ability to withstand age, vandalism, and weathering. Consideration should be given to anti-graffiti coating; and c. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent structures. Compatibility shall be determined by relationships of the elements of form, proportion, scale, color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may be considered for inclusion when necessary to the artistic content. D. Notwithstanding the provisions of subsections (A), (B), and (C) of this section, sign permit applications shall not be referred to or reviewed by the architectural design board if the proposed sign constitutes a modification to an existing sign and involves no significant alteration or modification to the size, height, design, lighting or color of the existing sign. Sign permit applications for such sign modifications shall be processed and subject to review in the same manner as provided for staff review in subsection (A) of this section. [Ord. 4154 § 22 (Att. D), 2019; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3736 § 60, 2009; Ord. 3461 § 2, 2003]. 2.3.b Packet Pg. 169 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.60.020 General regulations for permanent signs. A. Sign Area. The area of a sign shall be calculated as follows: 1. The area of a sign is maximum actual area of a sign that is visible from any single point of observation from any public vantage point. The sign area is normally the smallest rectangle that encloses the entire copy area of the sign. 2. Individual letters, numbers or symbols applied directly to a wall or structure and used to form the sign shall be calculated individually. 3. Supporting structures which are part of a sign display shall be included in the calculation of the sign area, except that the supporting structure of a monument sign or pole sign shall not be included when calculating the sign area. Left: Sign area = X * Y Right: Applied individual letters are calculated separately. 2.3.b Packet Pg. 170 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Monument sign: The base is not included in the calculation of sign area (dashed rectangle). B. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or mansard roof when the mansard roof is on a one-story building. Other than a mansard roof on a one-story building, a sign may not be attached above the eave or drip line on a pitched roof. C. Except for pole-mounted community event banners, no sign or any part of a sign may be designed or constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed, subject to the specific requirements detailed elsewhere in this chapter. D. Signs that extend into or over a public right-of-way shall comply with Chapter 18.70 ECDC. E. Exposed braces and angle irons are prohibited unless they are part of a decorative design that is integral to the design of the sign. Guywires are prohibited unless there are no other practical means of supporting the sign. F. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. Electronic reader boards may have messages that change; however, moving messages are not allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not allowed. G. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. H. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. I. No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business and then may remain on only as long as the enterprise is open. J. No window signs above the first floor shall be illuminated. K. Sign height shall be determined as follows: 2.3.b Packet Pg. 171 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 1. For attached signs, sign height is the vertical distance from the highest point on the sign to the average finished grade. 2. For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its support to the average elevation of the finished grade at the base of the supports. L. Portable signs may not be used as permanent signage; only fixed signs are permitted. M. The following matrix summarizes the types of signs permitted in each neighborhood/district within the city: Sign Type Downtown1 SR-992 Westgate/SR- 1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Wall-Mounted P P P P P Monument C P P C C Pole N P N N N Projecting P P P P P Internal Illumination C P P C N Reader Boards C C C C C Individual Letters P P P P P Boxed Cabinet N P C C N Building ID P P P P P 2.3.b Packet Pg. 172 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Sign Type Downtown1 SR-992 Westgate/SR- 1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Pedestrian P N N N N Wall Graphics C C C C C 1 Downtown includes all properties within the downtown activity center defined in the comprehensive plan. 2 SR-99 includes all properties within the medical/Highway 99 activity center and the Highway 99 corridor defined in the comprehensive plan. 3 Westgate/SR-104 includes all properties within the Westgate corridor, the Edmonds Way corridor, and within the Westgate community commercial area, as defined in the comprehensive plan. Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted if consistent with the standards itemized in subsection (N) of this section. N. The following standards clarify how some signs identified as “conditionally permitted” must be installed to be permitted in the city of Edmonds: 1. Monument signs over six feet in height must be reviewed to ensure that the materials, colors, design and proportions proposed are consistent with those used throughout the site. 2. Internally illuminated signs in the downtown area and neighborhood commercial areas may only light the letters or logos/symbols. The background of a sign face may not be illuminated. 3. Internally illuminated signs in the downtown area and the neighborhood commercial areas must be mounted on the wall of the building. They may not be mounted on or under an attached awning. 4. Internally illuminated signs that use exposed neon may only be located in the interior of buildings in the downtown area and the neighborhood commercial areas. 5. Internally illuminated signs in the downtown area shall not be permitted to be higher than 14 feet in height. 2.3.b Packet Pg. 173 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 6. Reader board messages are limited to alphanumeric messages only. 7. Reader boards are only permitted for public uses or places of public assembly. Public uses and places of assembly include, but are not limited to, schools and churches as well as local and regional public facilities. 8. The background color of a boxed cabinet sign face must be coordinated with and complement the colors used on the building. 9. The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination to shine through. [Ord. 4314 § 81 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 2, 2007; Ord. 3461 § 2, 2003]. 20.60.025 Total maximum permanent sign area. A. Business and Commercial Zone Districts (BN, BP, BC, BD, WMU, CW and CG). 1. The maximum total permanent sign area for allowed or permitted uses in the BN, BC, BD and CW zones shall be one square foot of sign area for each lineal foot of wall containing the main public entrance to the primary building or structure located upon a separate legal lot. Within the downtown activity center defined in the comprehensive plan, six square feet of sign area is added to the maximum permanent sign area available for each ground floor storefront. 2. The maximum total permanent sign area for allowed or permitted uses in the CG zone shall be one square foot of sign area for each lineal foot of building frontage along a public street and/or along a side of the building containing the primary public entrance to a maximum of 200 square feet. The allowable sign area shall be computed separately for each qualifying building frontage, and only the sign area derived from that frontage may be oriented along that frontage. Sign areas for wall-mounted signs may not be accumulated to yield a total allowable sign area greater than that permitted upon such frontage, except that businesses choosing not to erect a freestanding sign may use up to 50 percent of their allowable freestanding sign area for additional attached sign area. Use of the additional area shall be subject to the review of the architectural design board. 2.3.b Packet Pg. 174 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3. The maximum total permanent sign area may be divided between wall, projecting, and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Projecting signs (including blade signs) of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 4. The maximum number of permitted permanent signs is three per site, or three per physically enclosed business space on commercial sites with multiple business tenants. A site with more than one street frontage is allowed a maximum of five signs. Projecting (including blade) signs of four square feet or less and window signs meeting the requirements of ECDC 20.60.035 do not count against the total number of permitted permanent signs. Multi-tenant sites are allowed one additional group sign per street frontage identifying the individual subtenants at the site. The total sign area of all signs permitted on site must also comply with the maximum total permanent sign area specified in this chapter. 5. Where permitted, pedestrian signs do count against the permanent sign area and the number of signs permitted. B. Residential Zone Districts (RSLDR, RM). 1. The maximum allowable signage area for individual residential lots shall be four square feet per street frontage, except as provided in subsection (B)(2) of this section. 2. The maximum allowable signage area for formal residential subdivisions, planned residential developments (PRD), or multifamily structures containing at least 10 dwelling units shall be 10 square feet per main street entrance into the subdivision or PRD. Only one sign may be provided at each main entrance. 3. The maximum total permanent sign area may be divided between wall and freestanding signs, in accordance with regulations and maximum sign area and height for each type of sign, as provided in ECDC 20.60.030 through 20.60.050. Window signs meeting the requirements of ECDC 20.60.035 do not count against the total permanent sign area permitted. 2.3.b Packet Pg. 175 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. Signage in excess of that provided in subsections (B)(1) and (2) of this section for lawful nonconforming or conditional nonresidential uses in residential zones may be approved through the issuance of a sign permit pursuant to ECDC 20.60.010, subject to the maximum area and height limitations established for signs in the BN zone. 5. The maximum number of permitted permanent signs is one, except that multifamily sites with more than one vehicular entrance may have one permanent sign per entrance. The total sign area of all signs (excluding incidental signs) permitted on site must also comply with the maximum total permanent sign area specified in this chapter. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3805 § 1, 2010; Ord. 3628 § 9, 2007; Ord. 3461 § 2, 2003]. 20.60.030 Wall signs – Maximum area and height. A. The maximum area of any wall sign shall be as follows: Zone Maximum Area of Sign RSLDR, RM 4 square feet BN, BP, BC, BD, CW, CG, WMU, FVMU 1 square foot per lineal foot of attached wall B. The maximum height of any attached sign shall be as follows: Zone Maximum Height of Sign RSLDR, RM 6 feet 2.3.b Packet Pg. 176 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Zone Maximum Height of Sign BN, BP, BC, BD, CW, CG, WMU, FVMU 14 feet or the height of the face of the building on which the sign is located, consistent with ECDC 20.60.020(B) [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 10, 2007; Ord. 3461 § 2, 2003]. 20.60.035 Window signs – Maximum area. The maximum area of any window sign shall be as follows: Zone Maximum Area of Sign RSLDR, RM 4 square feet BN, BP, BC, BD, CW, CG, WMU, FVMU 1 square foot per each lineal foot of window frontage [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 11, 2007; Ord. 3461 § 2, 2003]. 20.60.040 Projecting signs – Maximum area and height restrictions. A. The maximum area of any projecting sign shall be as follows: 2.3.b Packet Pg. 177 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Zone Maximum Area of Sign RSLDR, RM Not permitted BN, BP, BC, BD, CW, WMU, FVMU 16 square feet CG 32 square feet B. The maximum height of any projecting sign shall be as follows: Zone Maximum Height of Sign RSLDR, RM Not permitted BN, BP, BC, BD, CW, CG, WMU, FVMU Height of the wall to which the sign is attached C. The sign area of a marquee sign may not exceed two feet in vertical dimension. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 12, 2007; Ord. 3461 § 2, 2003]. 20.60.045 Freestanding signs – Regulations. A. Regulation. Permanent freestanding signs are discouraged. Freestanding signs shall be approved only where the applicant demonstrates by substantial evidence that there are no reasonable and feasible alternative signage methods to provide for adequate identification and/or advertisement. B. Maximum Area. The maximum area of a freestanding sign shall be as follows: 2.3.b Packet Pg. 178 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Zone Maximum Area of Sign RSLDR, RM 10 square feet (subdivision, PRD, multifamily) 4 square feet (individual residence sign) BN, BP 24 square feet (single) 48 square feet (group) BC, BD, WMU, FVMU 32 square feet (single) 48 square feet (group) CW 32 square feet (single) 48 square feet (group) CG Sign area shall be governed by subsection (C) of this section C. Allowable Sign Area for Freestanding Signs – CG Zone. The total allowable sign area for freestanding signs on general commercial sites shall be 56 square feet or one-half square foot of sign area for each lineal foot of street frontage, whichever is greater, up to a maximum of 160 square feet of freestanding sign area. Freestanding signs count against the overall allowable permanent sign area. Multiple business or tenant sites shall further be allowed an additional 24 square feet of freestanding sign area for each commercial tenant or occupant in excess of one up to a maximum sign area of 160 square feet. Corner lots choosing to accumulate sign area under the provisions of subsection (E) of this section shall be limited to 160 square feet. D. Maximum Height. The maximum sign height of freestanding signs shall be as follows: 2.3.b Packet Pg. 179 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Zone Maximum Height of Sign RSLDR, RM 6 feet BN, BP, BC, BD, CG, CW, WMU, FVMU 14 feet E. Location. Freestanding signs shall be located as close as possible to the center of the street frontage on which they are located. Except for pole-mounted community event banners, freestanding signs may not be located on public property. Sites on a corner of two public streets may have one sign on the corner instead of a sign for each frontage. Monument signs not more than six feet in height may be located in a zoning setback, but not less than five feet from a property line. F. Number. In all zones, each lot or building site shall be permitted no more than one freestanding sign, except in the business and commercial zones where a lot or site has frontage on two arterial streets, in which case there may be permitted one sign per street frontage subject to the restrictions on area contained within this chapter. G. Landscaping. 1. Each freestanding sign shall have a landscaped area twice the size of the sign area at the base of the sign. The landscaping and sign base shall be protected from vehicles by substantial curbing. 2. The applicant shall provide a landscape performance bond in the amount of 125 percent of the estimated costs of the landscaping, or $1,000, whichever is more. The bond shall be processed in accordance with Chapter 17.10 ECDC. [Ord. 4078 § 2 (Exh. 2), 2017; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 3, 2007; Ord. 3628 § 13, 2007; Ord. 3461 § 2, 2003]. 2.3.b Packet Pg. 180 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.60.050 Wall graphic and identification structures. There are no area restrictions on wall graphics or identification structures. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.055 Pedestrian signs. Pedestrian signs are only permitted on private property and in the adjacent right-of-way in the BC, BD, CW, and CG zones located within the downtown waterfront activity center, as defined in the comprehensive plan. Pedestrian signs are only permitted if they meet the following requirements: A. Pedestrian signs may be permitted to be located either (1) between the business storefront and the public right-of-way, or (2) on the sidewalk in front of the business storefront if the pedestrian sign meets the following standards: 1. Only one pedestrian sign is permitted per ground floor storefront; 2. Businesses may make arrangements to rotate their pedestrian signs provided they meet the one-sign-per-storefront standard; 3. The sign shall be located within 10 feet of the building entry and must be placed within two feet of the building. The planning and development director may approve an alternative location under the following circumstances: a. An alternative location in front of the building or on the property occupied by the business is less intrusive to pedestrian movement or accessibility; or b. The building containing the business is set back from the property line and a location on the property can be provided such that the sign does not encroach onto a public sidewalk; 4. A business located on a corner property shall have no more than one pedestrian sign, regardless of the number of streets the business fronts on; 5. If located on or near a sidewalk, building entry or pedestrian way, the sign shall be located to provide a clear zone consistent with ECDC 18.70.030(C); 2.3.b Packet Pg. 181 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 6. Pedestrian signs cannot be left outside during hours that the business is closed to the public; 7. Pedestrian signs are limited to: a. Six square feet in area, two and one-half feet in width, and three and one-half feet in height for A-frame or sandwich board signs; and b. Six square feet in area, two and one-half feet in width, and four and one-half feet in height for stanchion, easel or other types of pedestrian signs. [Ord. 4299 § 51 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016]. 20.60.060 Campaign signs. A. On-premises campaign signs are permitted as a form of temporary signage in all zones, subject to the maximum sign size limitations set forth in ECDC 20.60.080. B. Off-premises campaign signs are permitted as a form of temporary signage in the public right-of-way; provided, that the following requirements are met: 1. All campaign signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 2. All off-premises campaign signs shall be removed within 10 days after the primary, general, or special election to which they pertain. 3. Off-premises campaign signs shall be posted and displayed no earlier than upon declaration of candidacy in accordance with Chapter 29.15 RCW, or other formal registration or certification of the candidate, party, initiative, referendum or other ballot issue for an upcoming election, or 60 days prior to the election, whichever time period is greater. C. There is no maximum number of off-premises campaign signs that may be posted. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 2.3.b Packet Pg. 182 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.60.065 Real estate signs. A. On-premises real estate signs are permitted as a form of temporary signage in residential and commercial zones, subject to the maximum signage area and sign number limitations set forth in ECDC 20.60.080. B. Off-premises real estate signs are permitted as a form of temporary signage, subject to the following requirements: 1. Two and only two types of off-premises real estate signs shall be permitted: a. An off-premises real estate directional sign is a sign displaying a directional arrow and either a company or logo, or an indication that the property is for sale by its owner, and installed for the purpose of directing the public to the property. b. An off-premises open house sign is a form of temporary off-premises sign indicating the property is currently open for viewing. 2. All off-premises real estate signs shall be posted in accordance with the regulations set forth in ECDC 20.60.080(B). 3. The maximum number of off-premises real estate signs allowed per property shall only be the number reasonably necessary to direct people to the premises. An agent or owner shall be permitted no more than one off-premises real estate directional sign per intersection and five in total. No more than one off-premises open house sign shall be displayed per intersection and no more than five in total. a. Each off-premises real estate directional sign shall bear a legible tag located on the sign or supporting post indicating the date of posting and the address of the property to which it pertains. b. Off-premises real estate open house signs shall only be posted during daylight hours when the real estate agent or owner is in attendance at the property for sale or rent, and shall be removed immediately upon the termination of an “open house” or other similar property display event. 4. No off-premises real estate signs shall be fastened to any traffic control device, public structure, fence, rock, tree or shrub. 2.3.b Packet Pg. 183 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. All on-premises and all off-premises real estate directional signs shall be removed within seven days after the closing of the sale or lease of real property to which the sign pertains. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.070 Construction signs. Construction signs shall, irrespective of their duration, conform to the general regulations for permanent signs specified under ECDC 20.60.020. Notwithstanding any other provision of this chapter, the maximum area of a construction sign in any zone shall be 32 square feet. No sign permit is required for the posting of construction signs; provided, that all construction signs shall be removed from the premises within 10 days of the cessation of the excavation, construction, demolition, rehabilitation, structural alteration or related work on site. Zone Maximum Area of Signage (per Street Frontage) RSLDR 16 square feet, or 32 square feet if one sign is displayed for a project consisting of building permits issued for four lots or more. Only one sign may be displayed per project. All other zones 32 square feet The preceding square footages shall be in addition to any other temporary signage permitted by ECDC 20.60.080. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3514 § 3, 2004]. 2.3.b Packet Pg. 184 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.60.075 Governmental signs. Governmental signs, while exempt from the processes and development regulations required by this chapter, shall be erected and maintained subject to rules and procedures established by the planning and development director. In all cases, the city retains the right to remove any governmental sign at its sole discretion. [Ord. 4299 § 52 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017]. 20.60.080 Temporary signs. A. On-Premises Temporary Signs. On-premises temporary signs are permitted in residential and commercial zones, in addition to any allowed or permitted permanent signage, subject to the following restrictions and standards: 1. Residential Zones (RSLDR, RM). a. Only portable, freestanding or attached signs may be used as temporary signage. b. Commercial on-premises temporary signage is not permitted, except for real estate signs as defined by ECDC 20.60.065. c. Maximum number is one attached or freestanding sign. 2. Commercial Zones (BN, BP, BC, BD, WMU, FVMU, CW, CG). a. Only attached signs may be used for temporary signage. Attached signs may be affixed to any existing building or sign structure that is permitted as a permanent structure on the property. New temporary structures whose sole purpose is to display the temporary sign are not otherwise permitted. b. Maximum duration of display is 60 days in any calendar year for the cumulative posting of all temporary commercial signage upon each commercial location or premises. c. Maximum number of temporary signs is one freestanding sign per property street frontage, and one attached sign per building. 3. The total maximum area of on-premises temporary signage shall be as follows: 2.3.b Packet Pg. 185 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Zone Maximum Area of Temporary Sign RSLDR, RM 6 square feet BN, BP, BC, BD, CW, WMU, FVMU 20 square feet CG 30 square feet 4. The total maximum area for each allowed on-premises temporary sign shall be as follows: Zone Maximum Area of Temporary Sign RSLDR, RM 6 square feet (freestanding and attached) BN, BP, BC, BD, CW, WMU, FVMU 20 square feet (attached) CG 30 square feet (attached) 5. The maximum height of any allowed on-premises temporary sign shall be as follows: 2.3.b Packet Pg. 186 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Zone Maximum Height of Sign RSLDR, RM 6 feet (freestanding and attached) BN, BP, BC, BD, CW, CG, WMU, FVMU 14 feet (attached) 6. In no case shall temporary signage be posted, located, or displayed in violation of the regulations for permanent signs set forth in ECDC 20.60.020 through 20.60.050. B. Off-Premises Temporary Signage. Off-premises temporary signs are allowed in residential and commercial zones, in accordance with the restrictions and standards set forth below: 1. Commercial off-premises temporary signage is prohibited, except for real estate signs as permitted by ECDC 20.60.065; provided, that such off-premises real estate signs shall be posted, displayed, and removed as provided for in that section, in addition to the provisions of subsections (B)(5) through (9) of this section. 2. Noncommercial off-premises signs are permitted in the public right-of-way; provided, that the posting and display of off-premises signs in the public right-of-way shall require a street use permit where required pursuant to Chapter 18.70 ECDC. 3. Maximum duration of display for all temporary off-premises signs is a cumulative of 60 days in any calendar year, except as otherwise provided in ECDC 20.60.060 for campaign signs. Display may be continuous or intermittent, except as otherwise provided in this section. 4. Except for campaign signs as provided in ECDC 20.60.060, all off-premises noncommercial signs relating to a specific meeting, event, or occurrence shall be removed within 48 hours following the conclusion of the meeting, event, or occurrence to which they relate. 2.3.b Packet Pg. 187 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 5. Only portable freestanding signs may be used as temporary off-premises signage; provided, that the following types of portable freestanding signs are prohibited from use as an off-premises sign: a. Signs with a vehicular chassis or support with or without wheels; b. Posters and banners; c. Signs mounted upon vehicles; d. Searchlights; e. Inflatables. 6. Maximum number of allowed off-premises signs to be displayed simultaneously shall be one sign per sign poster except as provided in ECDC 20.60.060 for campaign signs and in ECDC 20.60.065 for real estate signs. 7. Maximum allowable sign area for all temporary off-premises freestanding signs is six square feet. 8. Maximum allowable sign height for all permitted off-premises signs is three feet. 9. All off-premises temporary signage shall be posted and displayed in accordance with the following restrictions: a. Off-premises signs may not be placed in any portion of the public right-of-way typically used by motor vehicles in a lawful manner. b. Off-premises signs shall be placed so as not to impede pedestrian, bicycle, or handicapped travel or access. c. Off-premises signs shall not be posted in a manner or location which impairs traffic safety by unreasonably blocking line of sight at intersections. d. Off-premises signs shall be constructed of suitable material and design to adequately withstand the reasonably expected normal or average weather conditions during the intended display period of the sign. e. Off-premises signs shall be regularly inspected to ensure that they have not been damaged or destroyed by natural forces or vandalism. Damaged and destroyed signs 2.3.b Packet Pg. 188 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) shall be immediately removed or repaired so as to avoid threats to public health and safety or the accumulation of unclaimed refuse upon the public rights-of-way. f. Off-premises signs shall not be posted upon public property other than the public right-of-way, and shall further not be posted within or upon planter boxes and flower beds within the publicly maintained landscaped portions of the public right-of-way. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3628 § 14, 2007; Ord. 3461 § 2, 2003]. 20.60.090 Prohibited signs. A. General. All signs not expressly permitted by this chapter are prohibited. B. Hazards. Signs which the director of public works determines to be a hazard to vehicle or water traffic because they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage, are prohibited. These signs shall be removed if they already exist. C. Confiscation of Prohibited Signs in Public Rights-of-Way. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation. D. Any signs confiscated by the city shall be held for 10 working days after which such signs may be destroyed or otherwise disposed of. The owner of any confiscated signs may recover the same upon payment of a $25.00 fee to cover the cost of confiscation and storage. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.095 Exempt signs. The following types of signs are exempted from regulations of this chapter, except that the dimensional and placement standards shall apply unless variance is required by other provisions of local, state or federal law: A. Signs required by provision of local, state, or federal law. B. Official public notices required by provision of local, state, or federal law. 2.3.b Packet Pg. 189 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. Signs not visible from a public location. D. Seasonal and holiday displays not incorporating the use of written copy or graphics to convey a message. E. Gravestones. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. 20.60.100 Administration. A. General. The planning and development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in ECDC 15.00.020. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the planning director shall refer the matter to the city attorney’s office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25.00 for each day of continued violation. [Ord. 4314 § 82 (Exh. A), 2023; Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. The Edmonds Community Development Code is current through Ordinance 4375, passed December 10, 2024. 2.3.b Packet Pg. 190 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Disclaimer: The city clerk’s office has the official version of the Edmonds Community Development Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 2.3.b Packet Pg. 191 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 20.75 SUBDIVISIONS Sections: 20.75.010 Citation of chapter. 20.75.020 Purposes. 20.75.025 Scope. 20.75.030 Subdivision defined. 20.75.035 Compliance required. 20.75.040 Application. 20.75.045 Unit lot subdivision. 20.75.048 Conservation subdivision design. 20.75.050 Lot line adjustment – Application. 20.75.055 Lot combination. 20.75.060 Required information on preliminary plats. 20.75.065 Preliminary review. 20.75.070 Formal subdivision – Time limit. 20.75.075 Modifications. 20.75.080 General findings. 20.75.085 Review criteria. 20.75.090 Park land dedication. 20.75.100 Preliminary approval – Time limit. 20.75.105 Repealed. 20.75.107 Repealed. 20.75.110 Changes. 20.75.120 Review of improvement plans. 20.75.130 Installation of improvements. 20.75.135 Preparation of final plat. 20.75.140 Final plat – Required certificates. 20.75.145 Final plat – Accompanying material. 20.75.150 Waiver of survey. 20.75.155 Review of final plat. 20.75.158 Repealed. 20.75.160 Final plat – Filing for record. 20.75.165 Effect of rezones. 2.3.b Packet Pg. 192 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.170 Further division – Short subdivisions. 20.75.175 Court review. 20.75.180 Development of lots not divided according to this chapter. 20.75.185 Penalties. 20.75.010 Citation of chapter. This chapter may be cited as the City of Edmonds Subdivision Ordinance and shall supplement and implement the state regulations of plats, subdivisions and dedications found in Chapter 58.17 RCW. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.020 Purposes. The purposes of this chapter are: A. To regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with state standards to prevent overcrowding of land; B. To lessen congestion in the streets and highways; C. To facilitate adequate provisions for water, utilities, sewerage, storm drainage, parks and recreation areas, sites for schools and playgrounds, and other public requirements; D. To provide for proper ingress and egress, while minimizing impervious surfaces; E. To require uniform monumenting of subdivisions and accurate legal descriptions of subdivided lots; F. To promote the preservation of critical areas and encourage low impact development; G. To encourage site design that can make the best use of renewable energy resources including solar and geothermal; H. To encourage low impact development (LID) practices when providing for streets and sidewalks. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4085 § 18 (Exh. A), 2017; Ord. 4070 § 1 (Exh. 1), 2017]. 2.3.b Packet Pg. 193 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.025 Scope. This chapter shall apply to all divisions of land for any purpose except those set forth in RCW 58.17.040, including but not limited to: A. Divisions for cemetery plots or other burial plots; B. Divisions made by testamentary provisions, or by the laws of descent; C. Divisions for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land and the city of Edmonds has approved a binding site plan for the use of the land in accordance with this chapter. Divisions under subsections (A) and (B) of this section will not be recognized as lots for building purposes unless all applicable requirements of this chapter are met. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.030 Subdivision defined. A. “Subdivision” means a division of land into lots of any size for the purpose of sale. The term subdivision includes all resubdivisions of land, short subdivisions, and formal subdivisions. The term “lot” includes tracts, parcels, sites and divisions. The term “sale” includes lease gift or development or any purpose not excepted in this section. When reference to “subdivision” is made in this code, it is intended to refer to both “formal subdivision” and “short subdivision” unless one or the other is specified. B. “Formal subdivision” means a subdivision of five or more lots. C. “Short subdivision” means a subdivision of four or fewer lots. D. “Unit lot subdivision” means a subdivision or short subdivision of land under ECDC 20.75.045 where compliance with the development standards is evaluated with respect to the parent lot, not the unit lot. E. “Parent lot” means the lot with legal lot status which establishes the exterior boundary of a unit lot subdivision. 2.3.b Packet Pg. 194 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) F. “Unit lot” means a portion of a parent lot, the fee of which may be independently transferred upon recording of a unit lot subdivision. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.035 Compliance required. Any person wishing to create a subdivision or lot line adjustment must first comply with this chapter. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.040 Application. A subdivision application will be processed concurrently with any applications for rezones, variances, planned unit developments, site plan approvals and other similar approvals that relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The application shall contain the following items in addition to those specified in ECDC 20.02.002: A. The preliminary plat; B. Title report; C. A survey map, if required by the planning and development director, of the exterior boundaries of the land to be subdivided, prepared by, and bearing the seal and signature of, a professional land surveyor registered in the state of Washington. This map can be combined with the preliminary plat at the applicant’s option; D. The application fee as set in ECDC 15.00.020; E. A proposal for dedication of park land rather than payment of in-lieu fees, if desired by the applicant; F. Source of water supply and name of supplier; 2.3.b Packet Pg. 195 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) G. Method of sewage disposal, and name of municipal system if applicable. Percolation rates and other information required by the public works department shall be submitted if septic tanks are to be used; H. Other information that may be required by the planning and development director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 4314 § 83 (Exh. A), 2023; Ord. 4299 § 54 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 62, 2009; Ord. 2379 § 1, 1983]. 20.75.045 Unit lot subdivision. A. Purpose. The unit lot subdivision process provides opportunities for dividing fee simple ownership of land to create cottage houses, townhouses, rowhouses and similar fee-owned dwelling units as an alternative to both condominium ownership and traditional single-family detached subdivision. Unit lot subdivisions determine compliance with the relevant dimensional standards of ECDC Title 16 by analyzing whether the parent lot complies, but not requiring that each newly created lot within the unit lot subdivision (the unit lot) complies, with those dimensional standards. A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which the unit lot subdivision is proposed. B. Applicability. The provisions of this section apply exclusively to the subdivision of land for single-family dwelling units, townhouses, and rowhouses and may be applied only in the following zones: multiple residential, general commercial, and Westgate mixed-use. A single lot within a unit lot subdivision may contain multiple dwelling units when the unit lot contains all such dwelling units within oneall building. Flats are types permitted as an elementin the Low- Density Residential (LDR) zoning district. Maximum unit density shall be determined by the underlying zone of a unit lot subdivision only when a single lot within a unit lot subdivision contains the entire building in which flats are located.subject property. C. Association with Site Development – Application Timing. In the case of a vacant lot or a redevelopment site, a preliminary unit lot subdivision can only be submitted in conjunction with or preceding a development site plan as required by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC 20.10.020(B)(3) submitted in conjunction with or preceding a building permit. For existing developed sites, a preliminary unit lot subdivision application may be submitted at any time. If the subdivision involves creating unit lot lines within common walls, 2.3.b Packet Pg. 196 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) a building permit application is required in order to verify that the walls meet the separation requirements in effect at the time of the subdivision application. D. Conformance with Standards of the Parent Lot. The parent lot must comply with and is vested to the applicable development standards (ECDC 20.75.030(E)) in effect at the time a complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots within the subdivision may be nonconforming with respect to the bulk and dimensional standards required by ECDC Title 16. As with dimensional standards, compliance with access standards, including but not limited to fire lanes, drive aisles, turnarounds, and access of/to the parent lot from/to the street will be evaluated based on the parent lot’s compliance with such requirements, and not based on whether individual unit lots meet such standards. E. Future Additions and Modifications. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parcel lot. Changes requiring permitting that affect only the interior of building units will be evaluated for compliance with the requirements only for that unit. Any exterior changes will be evaluated for compliance by considering whether the parent lot would still comply with applicable development standards. Any application for such external changes will require authorization of all owners of affected unit lots or approval of the HOA where changes to commonly owned tracts are proposed. F. Homeowners’ Association Ownership of Common Areas. Any commonly used areas or facilities within a unit lot subdivision, including but not limited to common access, garage or parking areas, common open space or recreation space, common courtyards, commonly used stormwater facilities or side sewers and other similar features, must be owned and maintained by a homeowners’ association with the right to assess the individual unit lot owners as necessary to properly maintain and repair such areas. Appropriate documentation regarding the rights of the homeowners’ association must be submitted for recording with the final plat. G. Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed and recorded as an element of the final unit subdivision plat or short plat for maintenance of all building exteriors except in cases where all dwelling units are detached. The maintenance agreement must require equal participation by all owners within any one building and must be recorded on the final unit lot plat. The requirement does not apply to detached 2.3.b Packet Pg. 197 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) single-family dwelling units. Common wall construction must meet currently adopted building codes. H. Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit as long as the right to use that parking is formalized by an easement on the final plat. I. Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot must be noted on the final plat. J. An application for final unit lot plat will not be accepted until all foundations, including common wall foundations, are installed and located on the face of the final plat by the land surveyor of record. K. Review. Unit lot subdivisions of four or fewer lots are processed and reviewed as short subdivisions while five or more lots are formal subdivisions pursuant to Chapter 20.01 ECDC and the requirements of this chapter. [Ord. 4173 § 1 (Att. A), 2020; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.048 Conservation subdivision design. A. Purpose. The purpose of this section is to promote retention of significant trees or specimen trees and to protect natural resources through some amount of flexibility in lot layouts of subdivisions in order to preserve trees and provide for low impact development. The director and the applicant shall work in good faith to find reasonable solutions. B. Applicability. Administrative design flexibility in residential zones is limited to the following development standards: 1. Setbacks. Street, side and rear setbacks may be reduced in all residential zones; provided, that: a. No street setback shall be less than 15 feet; b. No rear setback shall be less than 10 feet; 2.3.b Packet Pg. 198 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) c. No required side setback shall be less than five feet; and d. Street and rear setbacks in the RSW-12 zone shall not be reduced. 2. Lot Size and Width. Lots within a subdivision may be clustered in a way that allows dwelling units to be shifted to the most suitable locations potentially reducing individual lot sizes and widths; provided, that the overall density of the project complies with the density requirements of the zoning district in which it is located. 3. Coverage. Structural coverage may be increased on individual lots; provided, that, in total, coverage of the area within the subdivision does not exceed the lot coverage allowed for the zoning district in which it is located. 4. Access. Variations in parking lot design and/or access driveway requirements may be granted when the public works, fire and planning officials determine the variations to be consistent with the intent of city codes and standards. C. Properties which include trees that are identified for retention and protection in association with design flexibility approved under this section must record a notice on title consistent with ECDC 23.10.085. [Ord. 4218 § 2 (Att. B), 2021]. 20.75.050 Lot line adjustment – Application. A. Lot Line Adjustment Defined. A lot line adjustment is an alteration of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division. B. Lot Line Adjustment Exempt from Subdivision Review. Except as otherwise provided in this section, lot adjustments shall not be subject to the provisions of this chapter. C. Lot Line Adjustment Review. All proposals for lot line adjustments shall be submitted to the Edmonds planning manager or his/her designee for approval. The Edmonds planning manager or his/her designee shall approve the proposed lot line adjustment unless the manager or his/her designee certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; 2.3.b Packet Pg. 199 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the minimum required for the applicable zone; 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. D. Application. A lot line adjustment application shall at a minimum contain the following information: 1. Dimensioned plans prepared and stamped by a professional land surveyor registered in the state of Washington and conforming to city of Edmonds survey requirements, as promulgated by the Edmonds planning division. Information on the plans shall include the following: a. Legal descriptions of the existing lots and proposed lot line adjustment(s); b. The location of all existing structures on the subject parcel(s), including dimensioned setback information from all existing and proposed lot lines and ingress/egress easements; c. Locations of all existing ingress/egress and utility easements; d. Gross and net lot area for the original parcels and the proposed parcels (net lot area does not include any lot area devoted to vehicular ingress/egress easements); e. The existing zoning of the subject parcel(s); f. Location of all existing driveways on the subject parcel(s); and g. The lot lines of adjoining properties for a distance of at least 50 feet. 2. A title company certification which is not more than 30 calendar days old containing: a. A legal description of the total parcel(s) sought to be adjusted; 2.3.b Packet Pg. 200 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) b. A list of those individuals, corporations, or other entities holding an ownership interest in the parcel(s); c. Any easements or restrictions affecting the property(ies) with a description, purpose and reference by auditor’s file number and/or recording number; d. Any encumbrances on the property; and e. Any delinquent taxes or assessments on the property. E. Fee. The application fee shall be as set in ECDC 15.00.020. F. Expiration. An application for a lot line adjustment shall expire one year after a complete application has been filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or his/her designee upon a showing by the application of reasonable cause. G. Review. A certified determination of the planning manager or his/her designee may be appealed to the hearing examiner as a Type II decision as set forth in Chapter 20.06 ECDC. [Ord. 4314 § 84 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 63, 2009; Ord. 3211 § 1, 1998]. 20.75.055 Lot combination. A. Lot Combination Defined. A lot combination is the combination of two or more legal, illegal, or nonconforming lots into one or more lots, all of which comply with the provisions of this code in effect at the time of said combination. B. An application for lot combination shall be signed for by all individuals or entities owning an interest in the property. The application fee shall be the same as the fee established for lot line adjustments. C. Lot combinations shall be approved as a matter of right unless the planning and development director finds that the combination of lots would: 1. Not result in legal conforming lot; and/or 2.3.b Packet Pg. 201 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 2. Not be in compliance with the goals and objectives of the city’s comprehensive plan. The director shall, as a part of his decision, determine whether or not the lots, as combined, negatively impact compliance with the city’s urban density requirements as established pursuant to the State Growth Management Act, comprehensive plan and the Snohomish County planning policies. D. The director’s decision shall be issued in writing and shall be mailed to all properties within 300 feet of the site. Appeal may be taken from the director’s decision within 10 working days of mailing of the decision and posting thereof in accordance with the provisions of Chapter 20.06 ECDC. [Ord. 4299 § 55 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 64, 2009; Ord. 3296 § 2, 2000]. 20.75.060 Required information on preliminary plats. A preliminary plat is a neat and approximate drawing to scale of a proposed division of land, showing the existing conditions and the general proposed layouts of streets, lots and other information needed to properly review the proposal. The preliminary plat of a short subdivision may be referred to as a short plat. A preliminary plat shall be prepared by a professional land surveyor registered in the state of Washington. The scale used shall be sufficient to show clearly all details of the proposal. A scale of 50 feet to the inch is preferred; other engineering scales may be used, if necessary. Preliminary plats for formal subdivisions shall not exceed a size of 24 inches by 36 inches. Short plats shall be on an eight-and-one-half-by-11-inch page. The following information shall be shown on the plat: A. The name, if any, of the proposed subdivision; B. Sufficient description to define the location and boundaries of the proposed subdivision; C. Name, address, seal and signature of the land surveyor who prepared the map; D. A vicinity sketch; E. Date prepared or revised, scale, north point, quarter section, section, township and range number; F. Total acreage of the land to be divided, and area in square feet of each proposed lot; 2.3.b Packet Pg. 202 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) G. Existing zoning, and zoning boundaries, if any; H. Lot dimensions and numbers; I. Setback lines required by the existing or proposed zoning, if the proposed lot has an unusual shape, steep topography, or other unusual limitations on its building site; J. Any existing property lines within, or adjacent to, the proposed subdivision, and the names of the owners of adjacent property; K. Contour lines in areas to be developed shall be at five-foot intervals, or as specified by the planning and development director. Ten-foot intervals may be used in areas not to be developed. All contour lines shall be extended into adjacent property a sufficient distance to show the topographical relationship of adjacent property to the proposed subdivision; L. The location, name and width of all existing and proposed street rights-of-way, or easements within or adjacent to the proposed subdivision, the grade or proposed streets and the pavement location of existing and proposed streets; M. The location of all existing structures within the proposed subdivision and within 25 feet of the proposed subdivision. Public area or areas to be owned in common by the lot owners, if any; N. The location of tree-covered areas, with the location of individual trees over eight inches in diameter in areas as requested by the planning and development director; O. A preliminary grading plan or profile of proposed roads if more than 500 cubic yards of earth is to be removed; P. A preliminary drainage proposal as specified in Chapter 18.30 ECDC, showing existing and proposed drainage facilities for the site and the adjacent areas; Q. A statement of improvements to be installed; R. The location of known or suspected soil or geological hazard areas, water bodies, creeks and areas subject to flooding; S. Possible future lot lines if any lot is large enough to allow future division; 2.3.b Packet Pg. 203 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) T. Location of existing underground utility lines, sewer and water mains adjacent to or within the proposed subdivision; U. Other information that may be required by the planning and development director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 4333 § 28 (Exh. A), 2023; Ord. 4299 § 56 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3296 § 1, 2000. Formerly 20.75.055]. 20.75.065 Preliminary review. A. Responsibility for Review. The planning and development director, or a designated planning staff member, is in charge of administering the preliminary review of all subdivisions. The public works director and the fire department, and other departments if needed, shall participate in preliminary review by appropriate recommendations on subjects within their respective areas of expertise. B. Repealed by Ord. 4314. Repealed. C. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a Type III-A decision in accordance with provisions of Chapter 20.06 ECDC. D. Short Subdivisions – Staff Review. The director of planning and development shall review a short subdivision as a Type II decision (Staff decision – Notice required). E. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision of the planning and development director on a short subdivision under the procedure set forth in Chapter 20.06 ECDC. [Ord. 4371 § 5 (Exh. A), 2024; Ord. 4314 § 85 (Exh. A), 2023; Ord. 4299 § 57 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3817 § 12, 2010; Ord. 3736 § 65, 2009; Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18, 19, 1996; Ord. 2379 § 2, 1983]. 20.75.070 Formal subdivision – Time limit. The city shall make its final decision on a proposed formal subdivision within the timelines found in the Decision Table in ECDC 20.01.003(B), unless the applicant agrees to extend the time. [Ord. 4371 § 6 (Exh. A), 2024; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 2.3.b Packet Pg. 204 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.075 Modifications. A. Request. Request for a modification to a requirement of this chapter shall be made on the regular subdivision application form. The applicant shall state reasons to support the approval of the requested modification. B. Notice. The notice of the public hearing at which the applicant’s proposed subdivision will be considered shall contain a description of the proposed modification. C. Consideration. The proposed modification shall be considered in the same manner as the proposed subdivision. The modification may be approved, or recommended for approval, only if all of the required findings set forth in Chapter 20.85 ECDC (Variances) can be made. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3211 § 6, 1998]. 20.75.080 General findings. A proposed subdivision may be approved only if all of the following general findings can be made for the proposal, as approved or as conditionally approved: A. Subdivision Ordinance. The proposal is consistent with the purposes of this chapter (as listed in ECDC 20.75.020) and meets all requirements of this chapter. B. Comprehensive Plan. The proposal is consistent with the provisions of the Edmonds Comprehensive Plan, or other adopted city policy, and is in the public interest. C. Zoning Ordinance. The proposal meets all requirements of the zoning ordinance, or a modification has been approved as provided for in this chapter. D. Floodplain Management. The proposal meets all requirements of the Edmonds Community Development Code relating to floodplain management. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 2466, 1984]. 20.75.085 Review criteria. The following criteria shall be used to review proposed subdivisions: 2.3.b Packet Pg. 205 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) A. Environmental. 1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed on the proposal to avoid impact. 2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography. 3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as floodplains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsections (A)(1) and (2) of this section. 4. The proposal shall be designed to minimize off-site impacts on drainage, views and so forth. B. Lot and Street Layout. 1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will ensure that the lot is developed properly. 2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards. 3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. C. Dedications. 1. The city may require dedication of land in the proposed subdivision for public use. 2.3.b Packet Pg. 206 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 2. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090. The council may request a review and written recommendation from the planning advisory board. 3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street map and the preliminary plat. D. Improvements. 1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. 2. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements of: a. ECDC Title 18, Public Works Requirements; b. Chapter 19.25 ECDC, Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the planning and development director, the public works director, and the fire chief. 3. The use of septic systems may be approved if all of the following conditions are met: a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. b. The land to be divided is zoned RS-20LDR-L. c. The public works director and Snohomish County health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met. E. Floodplain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for floodplain management. [Ord. 4314 § 86 (Exh. A), 2023; Ord. 4299 § 58 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3211 § 7, 1998; Ord. 2466, 1984]. 2.3.b Packet Pg. 207 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.090 Park land dedication. A. Dedication or In-Lieu of Fee Required. Before or concurrent with the approval of the final plat of any subdivision, the subdivider shall dedicate land, pay a fee in-lieu of dedication, or do a combination of both, for park and recreational purposes. B. Proposal of Dedication. Either the applicant or the city may propose dedication of a portion of the land to be divided in order to meet the regulations of this section. Payment of in-lieu fees is required unless dedication is proposed and approved. C. Review of Dedications. Dedication proposals shall be reviewed at the same time as the subdivision proposal. Any short subdivision containing a dedication proposal shall be reviewed as if it were a formal subdivision. D. Factors for Review. Dedication proposals shall be reviewed for consistency with the comprehensive plan, the comprehensive parks and recreation plan, and the recreational walks plan. Other factors to be considered include size, usability and accessibility of the land proposed for dedication, and the possibility of coordinating dedication by owners of adjacent land. E. In-Lieu Fee. In-lieu park fees shall be as set in ECDC 15.00.020. [Ord. 4314 § 87 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.100 Preliminary approval – Time limit. A. Approval of a preliminary plat shall expire and have no further validity at the end of the time period established under RCW 58.17.140, unless the applicant has acquired final plat approval prior to the expiration date established under RCW 58.17.140. The time period for subdivisions shall commence upon the date of preliminary plat approval by the issuance of a written decision by the Edmonds hearing examiner. In the event that the decision of the hearing examiner is appealed to Snohomish County superior court, the time period shall commence upon the date of final confirmation of the preliminary plat decision by the judiciary. B. Approval of a short plat shall expire and have no further validity at the end of five years, unless the applicant has acquired final short plat approval within the specified time period. The time period for short plats shall commence upon the issuance of a final, written staff decision. 2.3.b Packet Pg. 208 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) In the event that the decision of staff is appealed to the Edmonds hearing examiner and/or Snohomish County superior court, the time period shall commence upon the date of final confirmation of the preliminary short plat decision by the hearing examiner or judiciary. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3925 § 1, 2013]. 20.75.105 Extensions of time. Repealed by Ord. 3190. 20.75.107 Preliminary approval – Time limit extension for previously approved short plats. Repealed by Ord. 4154. 20.75.110 Changes. A. Preliminary Plats. The planning and development director may approve as a Type I decision minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as the original application. Application fees shall be as set in ECDC 15.00.020. B. Recorded Final Plats. An application to change a final plat that has been filed for record shall be processed in the same manner as a new application. This section does not apply to affidavits of correction. [Ord. 4314 § 88 (Exh. A), 2023; Ord. 4299 § 59 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 66, 2009]. 20.75.120 Review of improvement plans. A. Timing. If improvements are required as a condition of preliminary approval of a subdivision, the applicant shall submit the improvement plan to the director of public works for 2.3.b Packet Pg. 209 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) review and approval, allowing sufficient time for proper review before expiration of the preliminary plat approval. B. Engineered Design. All improvement plans shall be prepared, dated, signed and sealed by a licensed engineer registered in the state of Washington, unless the public works director determines that engineer plans are not necessary. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.130 Installation of improvements. A. Timing and Inspection Fee. The applicant shall not begin installation of improvements until the public works director has approved the improvement plans, the public works director and the applicant have agreed in writing on a time schedule for installation of the improvements, and the applicant has paid an inspection fee, as set in ECDC 15.00.020. B. Completion – Bonding. The applicant shall either complete the improvements before the final plat is submitted for city approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the director of public works, and shall be processed as provided in Chapter 17.10 ECDC. C. Acceptance – Maintenance Bond. The director of public works shall not accept the improvements for the city of Edmonds until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. D. Short Subdivision – Deferred Installation. If the planning and development director determines that installation of improvements will not be needed at the time of the approval of the final plat of the short subdivision, the improvements shall be installed or guaranteed by bond before issuance of any development permit for any lot shown on the preliminary plat. This condition shall be stated on the final plat, and shall be binding on all later owners of lots created by the subdivision. [Ord. 4314 § 89 (Exh. A), 2023; Ord. 4299 § 60 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 2.3.b Packet Pg. 210 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.135 Preparation of final plat. A final plat is a final, precise drawing of a subdivision which conforms to the approved preliminary plat, and meets all conditions of the preliminary approval and all requirements of this chapter. It shall be prepared in accordance with the following: A. Surveyor. A professional land surveyor registered in the state of Washington shall prepare, or supervise the preparation of, the final plat. B. Survey. The surveyor shall survey the land to be divided, and as much of the section(s) in which the land is located as is needed to properly orient the land within the section(s). C. Monuments. The surveyor shall set monuments at street intersections, lot and block corners, boundary angle points, points of curbs in streets, controlling corners on the boundaries of the land, and other points as required by the public works director. The type of monuments and the method of setting shall be as specified by the public works director. D. Standards. The public works director shall set standards for the preparation of final plats. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.140 Final plat – Required certificates. The following certificates shall be shown on the final plat. Subsections (A) through (G) of this section shall be signed by the indicated person before the final plat is submitted for review. Subsection (G) of this section is required for formal subdivision only. A. Surveyor. The surveyor shall place his seal and signature on the plat along with: 1. A statement certifying that the plat was prepared by him, or under his supervision; 2. A statement certifying that the plat is a true and correct representation of the land surveyed; 3. A full and correct description of the land to be divided. B. Owner. The owner shall certify that the subdivision has been made with his free consent and according to his desires. Owners of other interests shown on the title report shall certify that they have notice of the subdivision. 2.3.b Packet Pg. 211 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. Dedications. A certificate of dedication by the owner for all areas to be dedicated to the public, acknowledged by a notary. D. Waiver of Claims. A statement by the owner waiving all claims for damages against any governmental authority which may arise from the construction, drainage and maintenance of required improvements. E. Waiver of Access. If required by the conditions of the preliminary approval, a waiver by the owner of direct access to any street from any property. F. Roads Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the public. G. Health Officer. A statement by the Snohomish County health officer certifying that the proposed means of sewage disposal and water supply are adequate. H. Director of Public Works. The following statements to be signed by the director of public works: 1. A statement approving the survey date, the layout of streets, alleys and other rights- of-way, design of bridges, sewage and water system and other structures; and approving the final plat or short subdivision. I. Planning and Development Director. The following statements to be signed by the planning and development director: 1. A statement that the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval; and approving the final plat or shore subdivision. J. Repealed by Ord. 4154. K. Taxes. A statement to be signed by the county treasurer that all taxes and delinquent assessments for which the land to be divided may be liable as of the date of the signing of the statement have been paid. [Ord. 4314 § 90 (Exh. A), 2023; Ord. 4299 § 61 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 2.3.b Packet Pg. 212 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.145 Final plat – Accompanying material. The following material shall be submitted to the director of public works with the final plat: A. Review Fee. A review fee for the final plat as set in ECDC 15.00.020 shall be paid for each check or recheck of the final plat. B. Survey Notes. Complete field and computation notes of the plat survey showing the original or reestablished corners with descriptions and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet. C. Title Report. A title report showing that ownership and other interests in the land described and shown on the final plat is in the name of the person signing the owner’s certificate. [Ord. 4314 § 91 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.150 Waiver of survey. The director of public works may waive the requirement of a survey for the final plat in the following circumstances if there will be no adverse effect on the public interest: if the boundaries of the lot proposed for short subdivision have sufficient existing monuments to define the proposed lot lines. If the director of public works waives the survey requirements, the applicant shall prepare a final plat that meets all other requirements of this chapter and which contains legal descriptions of each proposed lot. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3211 § 9, 1998]. 20.75.155 Review of final plat. A. Submission. The applicant may not file the final plat for review until the required improvement plans have been submitted for approval to the director of public works. 2.3.b Packet Pg. 213 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. Time Limit. A final plat shall be approved, disapproved or returned to the applicant for correction within 30 days of its official filing with the director of public works for review, unless the applicant agrees to extend the time limit. This time period shall not include required environmental review. C. Staff Review. The director of public works and the planning and development director shall conduct an administrative review of the final plat and either sign the statements required by ECDC 20.75.140, if all requirements of this chapter have been met, or disapprove such action, stating their reasons in writing. Such administrative action shall be final subject only to right of appeal to the Snohomish County superior court. D. Acceptance of Dedication. Dedication of any interest in property contained in an approval of the formal subdivision shall be forwarded to the city council for formal acceptance on its consent agent; provided, however, that such acceptance shall not stay any approval, time period for appeal or the effective date of the formal subdivision. City approval of the final plat constitutes acceptance of all dedication shown on the final plat. [Ord. 4299 § 62 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 67, 2009; Ord. 2991 § 1, 1994]. 20.75.158 Short plat – Staff review. Repealed by Ord. 4154. 20.75.160 Final plat – Filing for record. The city clerk shall file the final plat or short plat for record with the county auditor, and arrange for a reproducible copy to be sent to the public works department and the applicant and a paper copy to be sent to the county assessor and the planning and development department. The plat or short plat shall not be considered “approved” until so filed with the county auditor. [Ord. 4299 § 63 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 2.3.b Packet Pg. 214 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.165 Effect of rezones. The owner of any lot in a final plat filed for record shall be entitled to use the lot for the purposes allowed under the zoning in effect at the time of filing for five years from the date of filing the final plat for record, even if the property is rezoned; provided, that all requirements of the community development code, other than lot area, are met. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.170 Further division – Short subdivisions. A further division of any lot created by a short subdivision shall be reviewed as and meet the requirements of this chapter for formal subdivision if the further division is proposed within five years from the date the final plat was filed for record; provided, however, that when a short plat contains fewer than four parcels, nothing in this section shall be interpreted to prevent the owner, who filed the original short plat, from filing a revision thereof within the five-year period in order to create up to a total of four lots within the original short subdivision boundaries. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 2623 § 1, 1987]. 20.75.175 Court review. Any decision approving or disapproving any plat or short plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the Superior Court of Snohomish County. The action may be brought by any property owner in the city, who deems himself or herself aggrieved thereby; provided, that application for a writ of review shall be made to the court within 30 days from any decision so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.180 Development of lots not divided according to this chapter. No building permit, septic tank permit or other development permit shall be issued for any lot unless: (1) the subject property is a lot of record as defined in ECDC 21.55.015; or (2) the 2.3.b Packet Pg. 215 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) property owner is determined to be an innocent purchaser in accordance with subsection (A) of this section. Where this section authorizes a lot to be developed even though such lot does not meet the definition for “lot of record” in ECDC 21.55.015, any development on said lot shall comply with the city’s development regulations, including any applicable development regulations regarding nonconforming lots. A. “Lot of Record” Status for Innocent Purchasers. An owner of property may obtain “lot of record” status for a parcel that does not meet the “lot of record” definition. To obtain this status, the applicant must submit an affidavit with sufficient supporting documentation to demonstrate that: 1. The applicant did not have actual notice regarding the subdivision of the property in question. If the applicant had knowledge of the subdivision (e.g., knowledge that two parcels in question were once part of the same parcel), but not of its illegality, the innocent purchase status may not be granted; 2. The purchase price of the parcel is consistent with an arm’s length transaction; 3. The owner did not purchase the property from a relative; 4. At the time of purchase, there was some existing deed, record or survey showing the subject parcel as a separate lot; and 5. The parcel had a separate tax ID parcel number prior to the purchase of the property by the applicant. B. The innocent purchaser status may be approved subject to conditions of approval requiring the applicant to make improvements to the property that would likely have been required by the city had the property been properly subdivided, unless it is determined that such improvements have already been constructed. C. An affirmative determination of innocent purchaser and “lot of record” status shall be recorded with the county auditor. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3982 § 3, 2014]. 2.3.b Packet Pg. 216 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 20.75.185 Penalties. Any person who violates any provision of this chapter relating to the sale, offer for sale, lease or transfer of any lot is guilty of a misdemeanor and subject to the penalties of ECC 5.50.020. Each sale, offer for sale, lease or transfer of each separate lot in violation of any provision of this chapter shall be deemed a separate and distinct offense. In addition to these criminal sanctions, the city shall have the right to bring an action to restrain and enjoin any subdivision, sale or transfer, compel compliance with the provisions of this chapter and obtain other injunctive relief. The costs of such action shall be paid by the violator and shall include the city attorney’s fees. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 2.3.b Packet Pg. 217 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 3.36 IMPACT FEES Sections: 3.36.010 Findings and authority. 3.36.020 Definitions. 3.36.030 Assessment and payment of impact fees. 3.36.040 Exemptions. 3.36.050 Credits. 3.36.060 Tax adjustments. 3.36.070 Appeals. 3.36.080 Establishment of impact fee accounts. 3.36.090 Refunds. 3.36.100 Use of funds. 3.36.110 Review. 3.36.120 Park impact fee rates. 3.36.125 Street impact fee rates. 3.36.130 Independent fee calculations. 3.36.140 Existing authority unimpaired. 3.36.150 Procedures guide. 3.36.160 Deferral system for single-family residences. 3.36.010 Findings and authority. The city council of the city of Edmonds (the “council”) hereby finds and determines that new growth and development in the city of Edmonds will create additional demand and need for public facilities in the city of Edmonds, and the council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Edmonds has conducted extensive studies documenting the procedures for measuring the impact of new developments on public facilities, has prepared the rate study and procedures guide for park impact fees, has prepared the rate study and procedures guide for transportation impact fees, and hereby incorporates these studies into this title by 2.3.b Packet Pg. 218 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts the ordinance codified in this chapter to assess impact fees for parks and streets. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. These fees can and will only be applied to projects resulting from city-wide development growth. These fees cannot be used to mitigate existing shortfalls of the park system or street system. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 and ECDC Title 21 or given their usual and customary meaning. A. “Accessory dwelling unit” is defined in ECDC 21.05.015. B. “Building permit” means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. C. “Capital facilities plan” means the capital facilities plan element of a comprehensive plan adopted by the city of Edmonds pursuant to Chapter 36.70A RCW, and such plan as amended. There are many references in state statutes to the “capital facilities plan” (CFP) as the basis for projects that are eligible for funding by impact fees. The parks element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a “capital facilities plan,” and is considered to be the “capital facilities plan” (CFP) for the purpose of Edmonds’ impact fees for parks. The transportation element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a “capital facilities plan,” and is considered to be the “capital facilities plan” (CFP) for the purpose of Edmonds’ impact fees for streets. Depending on the context, references to a CFP in the impact fee chapter, rate study, and procedures guide are interpreted as referring to either the parks element of the city of Edmonds comprehensive plan or the transportation element of the city of 2.3.b Packet Pg. 219 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Edmonds comprehensive plan, including the projects eligible for impact fees listed in Appendix C of the procedures guide for the transportation impact fees. D. “City” means the city of Edmonds. E. “Council” means the city council of the city of Edmonds. F. “Department” means the planning and development department. G. “Development activity” means any construction, expansion, or change in the use of a building or structure that creates additional demand and need for public facilities. H. “Development approval” means any written authorization from the city of Edmonds which authorizes the commencement of a development activity. I. “Director” means the director designated by the mayor to administer the impact fee program or that director’s designee. J. “Dwelling unit” is defined in ECDC 21.20.050. K. “Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. L. “Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a land development activity which creates the demand for additional capital facilities, and which requires the issuance of a building permit. “Feepayer” includes an applicant for an impact fee credit. M. Reserved. N. “Hearing examiner” is defined in ECDC 21.40.010. O. “Impact fee” means a payment of money imposed by the city of Edmonds on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the public facilities needed to serve new growth and development. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling school impact fees, the cost of reviewing independent fee calculations or any other charge or fee based upon the administrative costs of processing a development application. 2.3.b Packet Pg. 220 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) P. “Impact fee account” or “account” means the account(s) established for each type of public facility for which impact fees are collected. The accounts shall be established pursuant to ECC 3.36.080 and 3.36.090 and comply with the requirements of RCW 82.02.070. Q. “Independent fee calculation” means the impact fee calculation and/or economic documentation prepared by a feepayer to support the assessment of an impact fee other than by the use of the rates listed in ECC 3.36.120 and 3.36.125, or the calculations prepared by the director where none of the fee categories or fee amounts in ECC 3.36.120 and 3.36.125 accurately describe or capture the impacts of the new development on public facilities. R. “Interest” means the average interest rate earned in the last fiscal year by the city of Edmonds. S. “Low-income housing” means housing affordable to, and occupied by, a household whose income does not exceed 80 percent of area median income as reported by the United States Department of Housing and Urban Development for the Seattle-Bellevue metropolitan area. To be considered affordable, for the purpose of this definition, the combined monthly cost of the housing, including rent, utilities, and other charges for the applicable unit, may not exceed 30 percent of the household’s monthly income, adjusted for family size. T. “Occupancy permit” means the permit issued by the city of Edmonds authorizing the building to be occupied where a development activity results in a change in use of the preexisting structure, or the creation of a new use where none previously existed. U. “Owner” means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. V. “Procedures guide” means the administrative guidance document prepared by the director pursuant to ECC 3.36.150. W. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. 2.3.b Packet Pg. 221 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) X. “Public facilities” means the public parks, open space and recreation facilities owned by the city of Edmonds or other governmental entities in the context of the park impact fee and means the public streets and roads owned by the city of Edmonds or other governmental entities in the context of the street impact fee. Y. “Rate study” means the “Rate Study for Impact Fees for Parks, Open Space and Recreation Facilities,” city of Edmonds, dated July 12, 2013, in the context of the park impact fee and means the “Rate Study for Impact Fees for Roads,” city of Edmonds, dated October 29, 2009, in the context of the street impact fee. Z. “Residential” or “residential development” means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. This also includes the residential portion of mixed-use developments. AA. Reserved. BB. “Service area” means the entire corporate limits of the city of Edmonds. CC. “Significant past tax payment” means taxes exceeding five percent of the amount of the impact fee, and which were paid prior to the date the impact fee is assessed and were earmarked or proratable to the same system improvements for which the impact fee is assessed. DD. Reserved. EE. “State” means the state of Washington. FF. Reserved. GG. “System improvements” means public facilities that are included in the city of Edmonds capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements. [Ord. 4299 § 4 (Exh. A), 2023; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 2.3.b Packet Pg. 222 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 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. 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. 2.3.b Packet Pg. 223 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 4360 § 1 (Exh. A), 2024; 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; 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 2.3.b Packet Pg. 224 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 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. Low-income housing units provided by nonprofit organizations such as, but not limited to, Habitat for Humanity, shall be exempt from paying 80 percent of the park impact fees under this chapter.. 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 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 2.3.b Packet Pg. 225 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 4360 § 1 (Exh. A), 2024; Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.050 Credits. A. Pursuant to the requirement of RCW 82.02.060(4), a feepayer shall be entitled to a credit for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the feepayer, to facilities that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity. B. The director shall determine if requests for credits meet the criteria in subsection (A) of this section. C. For each request for a credit or credits, the director shall select an appraiser or the feepayer may select an independent appraiser acceptable to the director. 2.3.b Packet Pg. 226 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) D. The appraiser must be prequalified by the city and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the feepayer on a case-by-case basis. F. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the director may be providing to the feepayer, in the event that a credit is awarded. G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. H. No credit shall be given for project improvements required of the development by city code and/or SEPA; only dedications in excess of those required by law are eligible for credit. In no event shall this provision be interpreted to authorize cash payment. Nothing herein shall be interpreted to limit the discretion of the city council to decline to accept any proposed dedication. I. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments. For each request for a credit or credits for significant past tax payments for impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments for public facilities. J. Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit. 2.3.b Packet Pg. 227 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) K. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in ECC 3.36.070. L. A feepayer may, in the alternative, appeal an assessment or mitigation requirement which he believes exceeds the total which may lawfully be imposed. See ECDC 18.50.020(C). [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.060 Tax adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the new development which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in ECC 3.36.120 and 3.36.125 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.070 Appeals. A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. B. Appeals regarding the amount of the impact fee imposed on any development activity may only be filed by the feepayer of the property where such development activity will occur. This provision shall control over any other provisions of city ordinance. C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the city; 2. The request for review by the director shall be filed within 14 calendar days of the feepayer’s payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 2.3.b Packet Pg. 228 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3. An administrative fee will be imposed for the request for review by the director; this shall be the same as that imposed for a request for reconsideration of a staff decision; 4. The director shall issue his/her determination in writing within 14 days from the receipt of a request for review. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director’s decision concerning the independent fee calculation which is authorized in ECC 3.36.130, or the fees imposed by the director pursuant to ECC 3.36.120, 3.36.125, or any other determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing examiner. E. The decision of the director may be appealed to the hearing examiner as a Type II decision. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.080 Establishment of impact fee accounts. A. Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the purposes for which the impact fees were collected. C. On an annual basis, the administrative services director shall provide a report to the council on the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period. Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of time within which the impact fees 2.3.b Packet Pg. 229 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) shall be expended or encumbered. [Ord. 4314 § 8 (Exh. A), 2023; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.090 Refunds. A. If the city fails to expend or encumber the impact fees within 10 years of when the fees were paid or, where extraordinary or compelling reasons exist, such other time periods as established pursuant to ECC 3.36.080, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis. B. The city shall notify potential claimants by first class mail that they are eligible for an impact fee refund. This notification shall be done by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the owner of the property. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate public facilities. E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city. F. When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. 2.3.b Packet Pg. 230 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The city shall also refund to the current owner of property for which impact fees have been paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, that if the city has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset. The petitioner must provide receipts of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.100 Use of funds. A. Pursuant to this chapter, impact fees: 1. Shall be used for public improvements that will reasonably benefit new development; and 2. Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and 3. Shall not be used for maintenance or operations. B. Impact fees may be spent for public improvements, including, but not limited to, planning, engineering, surveying, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. 2.3.b Packet Pg. 231 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) C. Impact fees may also be used to recoup public improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.110 Review. The fee rates set forth in ECC 3.36.120 and 3.36.125 may be reviewed and adjusted by the council as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city’s comprehensive plan. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of any adjustment up or down and revise the fee rates set forth in ECC 3.36.120 and 3.36.125. [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 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 (detached or attached): $2,734.05 per dwelling unit. 2.3.b Packet Pg. 232 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 2. Accessory dwelling units: $1,367.03 per dwelling unit. 3. Multifamily residential housing (includes all middle housing types): $2,340.16 per dwelling unit. 4. Nonresidential development: $1.34 per square foot. [Ord. 4360 § 1 (Exh. A), 2024; 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, detached per dwelling unit $1,196.33 $2,873.60 $4,561.37 $6,249.14 215 – Single-family house, attached per dwelling unit $3,373.43 2.3.b Packet Pg. 233 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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) 215NA – Accessory dwelling units , Cottage Housing Units per dwelling unit $3,124.57 220 – Multi-Family Residential 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 2.3.b Packet Pg. 234 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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) 720 – Medical office per square foot $3.81 $9.54 $15.14 $20.74 820 – 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. 4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. 2.3.b Packet Pg. 235 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3.36.130 Independent fee calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in ECC 3.36.120 and/or 3.36.125 accurately describe or capture the impacts of a new development on parks and/or streets, the department may ask the applicant to conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be agreed to by the director and the feepayer. The documentation submitted shall show the basis upon which the independent fee calculation was made. B. Any feepayer submitting an independent fee calculation will be required to pay the city of Edmonds a fee to cover the cost of reviewing the independent fee calculation. A fee is required by the city for conducting the review of the independent fee calculation plus the actual cost of outside consultant review if required by the city, unless otherwise established by the director, and shall be paid by the feepayer prior to initiation of review. C. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. D. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.140 Existing authority unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, 2.3.b Packet Pg. 236 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.150 Procedures guide. The director is authorized to develop a procedures guide to facilitate the city’s administration and enforcement of this chapter. The procedures guide shall be consistent with the provisions of this chapter, shall be for the sole convenience of the city, and shall not vest any rights in or for any other person. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.160 Deferral system for single-family residences. A. An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment until final inspection. The building official may withhold certification of final inspection until the impact fees have been paid in full. B. The amount of impact fees that may be deferred under this section must be determined by the fees in effect at the time the applicant applies for a deferral. C. The term of an impact fee deferral under this section may not exceed 18 months from the date of building permit issuance. D. An applicant seeking a deferral under this section must grant and record a deferred impact fee lien against the property in favor of the city in the amount of the deferred impact fee. The deferred impact fee lien, which must include the legal description, tax account number, and address of the property, must also be: 1. In a form approved by the city attorney; 2. Signed by all owners of the property, as demonstrated by a current title report, with all signatures acknowledged as required for a deed; 3. Recorded with the Snohomish County auditor’s office; 2.3.b Packet Pg. 237 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 4. Binding on all successors in title after the recordation; and 5. Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. E. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW. F. In addition to the administrative fee collected pursuant to ECC 3.36.030(B)(5), the city shall collect an additional reasonable administrative fee to implement this section from permit applicants who are seeking to delay the payment of impact fees under this section. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. G. The section shall be construed to be consistent with state law and RCW 82.02.050, in particular. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. The Edmonds City Code is current through Ordinance 4388, passed March 21, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by General Code. 2.3.b Packet Pg. 238 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Title 21 DEFINITIONS Chapters: 21.00 Definitions – General 21.05 “A” Terms 21.10 “B” Terms 21.15 “C” Terms 21.20 “D” Terms 21.25 “E” Terms 21.30 “F” Terms 21.35 “G” Terms 21.40 “H” Terms 21.45 “I” Terms 21.47 “J” Terms 21.50 “K” Terms 21.55 “L” Terms 21.60 “M” Terms 21.65 “N” Terms 21.75 “O” Terms 21.80 “P” Terms 21.85 “R” Terms 21.90 “S” Terms 21.100 “T” Terms 21.105 “U” Terms 21.110 “V” Terms 21.115 “W” Terms 21.125 “Z” Terms 2.3.b Packet Pg. 239 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 21.00 DEFINITIONS – GENERAL Sections: 21.00.000 General. 21.00.000 General. A. Normal Meanings. For the purpose of the community development code, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code. B. Rules. 1. Words used in the present tense include the future. 2. The plural includes the singular, and vice versa. 3. The words “shall” and “may not” and “no – may” are mandatory. 4. The word “may” indicates that discretion is allowed. 5. The word “used” includes “designed, intended or arranged” to be used. 6. The masculine gender includes the feminine and vice versa. 7. Distances shall be measured horizontally unless otherwise specified. 8. The word “building” includes a portion of a building or lot. C. Adopted Codes. Where a code or codes have been adopted by reference or incorporation which may contain a definition or definitions conflicting with those set forth in this chapter, for the purpose of that particular referenced or incorporated code, and only that code, the definition therein shall prevail. D. Cross References. Sections which make only cross-reference to another term are not intended to be synonymous with the other term, but are only intended to serve as a finding aid to the other term unless specifically stated to mean the same. 2.3.b Packet Pg. 240 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 21.05 “A” TERMS Sections: 21.05.005 Repealed. 21.05.010 Accessory buildings. 21.05.015 Accessory dwelling unit. 21.05.020 Accessory use. 21.05.021 Adult definitionsAdministrative design review. 21.05.022 Repealed. 21.05.023 RepealedAdult definitions. 21.05.025 Alley. 21.05.030 Animal hospital. 21.05.035 Repealed. 21.05.040 Alteration(s). 21.05.050 Repealed. 21.05.055 Repealed. 21.05.060 Auto wrecking. 21.05.005 Accessory antenna device. Repealed by Ord. 3961. 21.05.010 Accessory buildings. Accessory building means one which is subordinate to the main building, and is incidental to the use of the main building on the same lot. Any building attached by a breezeway, hallway, or other similar connection and otherwise separated by more than 10 feet from the main building shall be considered to be an accessory building. [Ord. 3728 § 1, 2009]. 21.05.015 Accessory dwelling unit. An accessory dwelling unit (ADU) is a subordinate dwelling unit added to, created within, or detached from a principal dwelling unit, providing independent living facilities that include 2.3.b Packet Pg. 241 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) permanent provisions for living, sleeping, eating, cooking and sanitation. Accessory dwelling unit does not include recreational vehicles or mobile homes. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 3294 § 2, 2000]. 21.05.020 Accessory use. Accessory use means a use incidental and subordinate to the use of the main building on the same lot. 21.05.021 Administrative design review. A development permit process whereby an application is reviewed, approved, or denied by the planning and development director or their designee based solely on objective design and development standards without a public hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or historic district established under a local preservation ordinance. A city may utilize public meetings, hearings, or voluntary review boards to consider, recommend, or approve requests for variances from locally established design review standards. 21.05.022 Adult entertainment center. Repealed by Ord. 3117. 21.05.023 Adult definitions. A. Adult Arcade. An adult arcade is a commercial establishment containing individual viewing areas or booths, where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. 2.3.b Packet Pg. 242 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. Adult Cabaret. An adult cabaret is a nightclub, bar, restaurant, tavern or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. C. Adult Entertainment. Adult entertainment means: 1. Any exhibition, performance or dance conducted in a sexually oriented business where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas; or 2. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a sexually oriented business where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the sexually oriented business at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. D. Adult Motel. An adult motel is a hotel, motel, or similar commercial establishment which: 1. Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from a public right- of-way that advertises the availability of this type of sexually oriented materials; or 2. Offers a sleeping room for rent for a rental fee period of time that is less than 10 hours; or 3. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. E. Adult Motion Picture Theater. An adult motion picture theater is a commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or 2.3.b Packet Pg. 243 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. F. Adult Retail Store. An adult retail store is a commercial establishment such as a bookstore, video store, or novelty shop which as one of its principal business purposes offers for sale or rent, for any form of consideration, any one or more of the following: 1. Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas; or 2. Instruments, devices, or paraphernalia that are designed for use in connection with any specified sexual activities. [Ord. 3117 § 7, 1996]. 21.05.023 Adult motion picture theater. Repealed by Ord. 3117. 21.05.025 Alley. An alley is a publicly dedicated right-of-way which provides a secondary means of access; the definition of street shall include an alley; provided, however, that an alley shall not be considered a street for the purposes of calculating the setback and front yard requirements. No lot fronting on a street and an alley shall be considered either a corner lot or a lot having two street frontages. [Ord. 2502, 1985]. 21.05.030 Animal hospital. An animal hospital means a building for the medical or surgical treatment of animals or pets, including dog, cat, and veterinary hospitals including the boarding of hospitalized animals but not excluding the boarding of animals not treated medically or surgically. (See also, Domestic Animal.) 2.3.b Packet Pg. 244 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.05.035 Antenna. Repealed by Ord. 3845. 21.05.040 Alteration(s). Alteration(s) mean a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of partitions affecting more than one-third of a single floor area shall be considered an alteration. 21.05.050 Attached sign. Repealed by Ord. 3313. 21.05.055 Attached wireless communication facility. Repealed by Ord. 3845. 21.05.060 Auto wrecking. (Means the same as Car wrecking.) Chapter 21.10 “B” TERMS Sections: 21.10.005 Bar. 21.10.008 Bed and breakfast. 21.10.010 Bike (or bicycle) lane. 21.10.020 Bike-pedestrian path. 21.10.030 Boarding house. 21.10.040 Building. 2.3.b Packet Pg. 245 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.10.050 Building area. 21.10.060 Building envelope. 21.10.070 Building line. 21.10.005 Bar. Bar means a building where alcoholic beverages are served to the public, and which holds a class H license from the Washington State Liquor Control Board. [Ord. 3117 § 6, 1996]. 21.10.008 Bed and breakfast. A “bed and breakfast” is a type of transient accommodation located in a detached single-family residence. A bed and breakfast is not a hotel, motel or boarding house. Guests staying at a bed and breakfast are not subject to the requirements of the definition of “family” in ECDC 21.30.010. [Ord. 3900 § 5, 2012]. 21.10.010 Bike (or bicycle) lane. This is a route designated by striping or curbs on an improved street right-of-way. 21.10.020 Bike-pedestrian path. Improved path adjacent to a roadway or on a separate right-of-way which can be utilized by bicycles or pedestrians. When adjacent to roadways, it will have a rolled curb. 21.10.030 Boarding house. Boarding house means a dwelling unit in which not more than four roomers, lodgers, or boarders are housed or fed. 2.3.b Packet Pg. 246 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.10.040 Building. Building means any structure having a roof, excluding all forms of vehicles even though immobilized. (See also, Accessory Building and Completely Enclosed Building.) 21.10.050 Building area. Building area means the portion of a lot within which a structure may be built, bounded by the required setbacks. 21.10.060 Building envelope. Building envelope means the three-dimensional space in which a building or structure may be built as delineated by setbacks and building height restrictions. 21.10.070 Building line. Building line means the line of that face or corner or part of a building nearest the property line, excluding a maximum of 30 inches of the eaves. Chapter 21.15 “C” TERMS Sections: 21.15.010 Car (or auto or automobile) wrecking. 21.15.012 Carport. 21.15.015 Church. 21.15.020 City. 21.15.030 City council (or council). 21.15.032 Closed record appeal. 2.3.b Packet Pg. 247 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.15.035 Repealed. 21.15.040 Commercial parking lot. 21.15.050 Commercial garage. 21.15.060 Commercial kennel. 21.15.070 Commercial use. 21.15.071 Community facilities. 21.15.073 Community park. 21.15.075 Commuter parking lots. 21.15.080 Completely enclosed building. 21.15.090 Conditional use. 21.15.092 Convenience store. 21.15.095 Congregate care facility. 21.15.100 Corner lot. 21.15.105 Cottage housing. 21.15.108 Courtyard apartments. 21.15.110 Coverage. 21.15.010 Car (or auto or automobile) wrecking. Car wrecking means the collecting, dismantling, storage, salvaging, or sale of parts of machinery or vehicles not in running condition. 21.15.012 Carport. Carport means a legally permitted structure, covered by a roof, for the sheltering of a motor vehicle. [Ord. 4016 § 3, 2016]. 21.15.015 Church. Church means any community facility used or dedicated for the legitimate exercise of recognized federal and state constitutional rights for religious free worship. A neighborhood 2.3.b Packet Pg. 248 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) church is a church of 22,000 square feet or less of gross floor area. A community church is a church of greater than 22,000 square feet of gross floor area. Determination of gross floor area shall be consistent with state building code calculations. [Ord. 3353 § 13, 2001]. 21.15.020 City. City means the city of Edmonds in the state of Washington. 21.15.030 City council (or council). City council (or council) means the city council of the city of Edmonds. 21.15.032 Closed record appeal. Closed record appeal for purposes of the ECDC means an administrative appeal on the record to a decisionmaking body, including the city council, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. [Ord. 3112 § 35, 1996]. 21.15.035 Co-location. Repealed by Ord. 3845. 21.15.040 Commercial parking lot. Commercial parking lot means a site where parking spaces are rented or leased to persons other than those who live or work on the same site. (See also, Off-Street Parking and Private Parking.) 2.3.b Packet Pg. 249 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.15.050 Commercial garage. Commercial garage means a building used for storage, repair, or servicing of motor vehicles as a commercial use. 21.15.060 Commercial kennel. Commercial kennel means a building in which four or more domestic animals at least four months of age are kept commercially for board or breeding. [Ord. 2759 § 2, 1990]. 21.15.070 Commercial use. Commercial use means an activity with goods, merchandise, or services for sale or rent. 21.15.071 Community facilities. A. Community facilities mean any use, structure, building, or development that: 1. Is primarily used or dedicated for use by members of the general public for educational, religious, informational, recreational, artistic, or social purposes; or 2. Serves members of the general public by providing for utility, transportation, police, fire, and parking services; or 3. Is primarily used or dedicated for use by local, state, regional, or federal governments for the purpose of providing governmental services. B. Community facilities consist of churches, local public facilities, parks, and regional public facilities. C. Community facilities do not include animal hospitals, boarding houses, congregate care facilities, day care facilities, fraternities, foster homes, halfway houses, home occupations, hospitals, rooming houses, retirement homes, sororities, or similar medical, hospice, or care uses. [Ord. 3353 § 14, 2001]. 2.3.b Packet Pg. 250 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.15.073 Community park. Community park means a public recreation facility primarily designed and located to provide active and structured recreation opportunities for young people and adults in the immediate community. The service area is at least a one- to two-mile radius. In general, community park facilities are designed for organized activities and sports, although individual and family activities are also encouraged. Community parks may provide indoor facilities to meet a wider range of recreation interests. Community parks serve a larger area than neighborhood parks and offer more facilities such as parking, restrooms, covered play areas, etc. Community parks usually exceed 20 acres in size and often have sport fields, water bodies, gardens, nature trails or similar facilities as the central focus of the park. [Ord. 3353 § 15, 2001]. 21.15.075 Commuter parking lots. Commuter parking lot means a parking lot or portion of a parking lot composed of new or existing parking spaces that are designated for use by persons who travel to or from Edmonds as part of a commute that includes a form of transportation other than single occupant vehicle, such as nonmotorized transportation for distances of more than a quarter of a mile, carpooling or transit. In determining the number of parking spaces in a commuter parking lot, all parking spaces within a lot as defined by ECDC 21.55.010 shall be construed as part of the same commuter parking lot as well as any spaces within 300 feet of each other. [Ord. 3090 § 6, 1996]. 21.15.080 Completely enclosed building. Completely enclosed building means one designed and constructed with all exterior walls of the structure solid from the ground to the roof line, and containing no openings except for windows and doors which are designed to be closed. 2.3.b Packet Pg. 251 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.15.090 Conditional use. Conditional use means a use allowed in one or more zones as defined by the zoning code but which, because of characteristics peculiar to such use, because of size, hours of operation, technical processes or equipment, or because of the exact location with reference to surroundings and existing improvements or demands upon public facilities, requires a special permit in order to provide a particular degree of control to make such uses consistent with and compatible with other existing or permissible uses in the same zone or zones. Multiple uses or any combination of uses, any of which require a conditional use permit, shall be allowed on a single lot only upon the grant of a conditional use permit. [Ord. 2660 § 7, 1988]. 21.15.092 Convenience store. A convenience store shall mean a small retail commercial establishment which sells and/or rents a limited selection and variety of perishable and nonperishable food items and grocery related items, video cassettes and sundries which by their nature are geared toward rapid customer turnover. [Ord. 2660 § 6, 1988]. 21.15.095 Congregate care facility. A congregate care facility shall be given the same definition as a retirement home. [Ord. 2818 § 4, 1991]. 21.15.100 Corner lot. Corner lot means a lot which has frontage on two or more streets where the streets meet. 2.3.b Packet Pg. 252 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.15.105 Cottage housing. Residential units on a lot with a common open space that either: (a) Is owned in common; or (b) has units owned as condominium units with property owned in common and a minimum of 20 percent of the lot size as open space. 21.15.108 Courtyard apartments. Attached dwelling units arranged on two or three sides of a yard or court. 21.15.110 Coverage. Coverage means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members or from a point two and one-half feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. Chapter 21.20 “D” TERMS Sections: 21.20.010 Day care facility. 21.20.020 Dedication. 21.20.025 Development regulations. 21.20.030 Domestic animal. 21.20.035 Dock. 21.20.040 Drive-in business. 21.20.050 Dwelling unit. 2.3.b Packet Pg. 253 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.20.010 Day care facility. The following definitions shall apply to the various day care facilities allowed in the different zone districts: A. Family Day Care Home: A residence used for the care of children under the age of 12 located in the family dwelling of the person or persons under whose direct care the child or children are placed, accommodating 12 or fewer children, such numbers to include those members of the resident family who are under the age of 12 years old and are cared for within the day care facility. This definition shall apply regardless of whether the care is provided for compensation. B. Day Care Center: A building or portion thereof used for the care of children under the age of 12 located in a facility which accommodates 13 or more children regardless of whether such services are provided for compensation. C. Adult Care: The definitions of family day care home and day care center shall also include facilities designed for the care of disabled persons, and persons over the age of 65 years during normal working hours (“adult care”). The expansion of the definition is intended to permit neighborhood oriented facilities which provide services to the disabled and elderly while their adult children or other family care givers are at work. This definition shall be applied in a way which permits day care facilities for adult care to operate under the same terms and conditions as day care facilities for children. This definition shall not include facilities such as halfway houses, treatment centers, counseling centers, or other businesses which offer medical services, treatment or counseling to the disabled; these business uses shall be located only in the appropriate commercial zones. [Ord. 4333 § 30 (Exh. A), 2023; Ord. 3453 § 4, 2003; Ord. 2458 § 4, 1984]. 21.20.020 Dedication. Dedication means the gift of land by an owner for any public use. 2.3.b Packet Pg. 254 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.20.025 Development regulation. The controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. 21.20.030 Domestic animal. Domestic animal means one normally kept incidental to a single-family dwelling. Included are dogs and cats; excluded are wild or exotic animals, horses and cows, chickens, goats, or other similar animals. 21.20.035 Dock. Dock means a structure designed to float upon the water, and which is attached to shoreline and is used for moorage or other water- related activity such as swimming or diving. [Ord. 2605 § 3, 1987]. 21.20.040 Drive-in business. A drive-in business means a business or portion of a business where a consumer is permitted or encouraged either by the design of physical facilities or by the provisions of services and/or packaging procedures, to carry on business while seated in a motor vehicle. In some instances, such as self-service gasoline stations, customers may need to get out of their vehicle in order to obtain the product or service. This definition shall include but not be limited to service stations, car washes, and drive-in restaurants or banks. [Ord. 2660 § 5, 1988]. 2.3.b Packet Pg. 255 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.20.045 Duplex. A residential building containing exactly two attached dwelling units located on a single lot. Units may be arranged side-by-side or stacked vertically and may share common structural elements such as walls, floors, or ceilings. Each unit must have an independent exterior entrance. 21.20.050 Dwelling unit. Dwelling unit means a residential living unit that provides complete independent living facilities for one or more persons, 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.) [Ord. 4360 § 9 (Exh. A), 2024; Ord. 4260 § 3 (Exh. A), 2022]. Chapter 21.25 “E” TERMS Sections: 21.25.010 Easement. 21.25.020 Equipment shelter or cabinet. 21.25.100 Expressive dance. 21.25.010 Easement. Land which has specific air, surface, or subsurface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. [Ord. 2924 § 1, 1993]. 2.3.b Packet Pg. 256 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.25.020 Equipment shelter or cabinet. Equipment shelter or cabinet is a room, cabinet or building used to house equipment for utility or service providers (see Title 22, Plates 1 – 4). [Ord. 3099 § 6, 1996]. 21.25.100 Expressive dance. Expressive dance means any dance which, when considered in the context of the entire performance, constitutes an expression of art, theme, story or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value. [Ord. 3117 § 8, 1996]. Chapter 21.30 “F” TERMS Sections: 21.30.010 Family. 21.30.014 Farmers’ market. 21.30.020 Fence. 21.30.030 Flag lot. 21.30.032 Flat. 21.30.035 Float, recreational. 21.30.040 Floor area. 21.30.050 Formal subdivision. 21.30.060 Foster home. 21.30.065 Fourplex 21.30.070 Fraternity. 21.30.080 Repealed. 2.3.b Packet Pg. 257 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. Nothing herein shall be interpreted to limit normal hosting activities associated with residential use. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 4260 § 4 (Exh. A), 2022; Ord. 3571 § 1, 2005; Ord. 3184 § 1, 1998]. 21.30.014 Farmers’ market. Expired. 21.30.020 Fence. Fence means any construction of wood, metal, masonry or other nonliving material which provides a visual and/or physical obstruction to an observer at ground level. This definition shall exclude any portion of a retaining wall which is below finished grade and which is contiguous with the fence. Any portion of a base or foundation for the fence which does not 2.3.b Packet Pg. 258 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) serve a necessary and bona fide purpose of retaining earth shall not be considered a retaining wall but rather a part of the fence. [Ord. 3491 § 1, 2004; Ord. 2772 § 2, 1990]. 21.30.030 Flag lot. Flag lot means a lot which has a frontage of less than one-half of the minimum lot width on the principal street or principal access easement. Flag lots are also known as pipestem lots or panhandle lots. (See also, Lot.) 21.30.032 Flat. “Flat(s)” means multiple family dwelling unit(s) that are horizontally separated – i.e., stacked above and/or below each other. [Ord. 4070 § 2 (Exh. 1), 2017]. 21.30.035 Float, recreational. A recreational float is an offshore platform used for water-dependent activities such as swimming and diving. [Ord. 2605 § 4, 1987]. 21.30.040 Floor area. Floor area means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls and from the centerline of division walls. Floor area shall include: basement space, elevator shafts and stairwell at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways, and open spaces. 2.3.b Packet Pg. 259 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.30.050 Formal subdivision. (See ECDC 20.75.030.) 21.30.060 Foster home. Foster home means a social service facility licensed by the state as a full-time foster family and described as an agency which regularly provides on a 24-hour basis to one or more individuals, but not more than six individuals. [Ord. 2818 § 3, 1991]. 21.30.065 Fourplex. A residential building containing exactly four attached dwelling units located on a single lot. Units may be arranged side-by-side, stacked vertically, or configured through a combination of these arrangements, sharing common structural elements such as walls, floors, or ceilings. 21.30.070 Fraternity. Fraternity means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated in some part by that institution. 2.3.b Packet Pg. 260 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.30.080 Freestanding sign. Repealed by Ord. 3313. Chapter 21.35 “G” TERMS Sections: 21.35.010 Garage. 21.35.013 Gross floor area. 21.35.017 Ground floor. 21.35.020 Repealed. 21.35.030 Repealed. 21.35.040 Repealed. 21.35.010 Garage. (See also, Commercial Garage.) 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 nonhabitable accessory structures. [Ord. 4360 § 9 (Exh. A), 2024]. 21.35.017 Ground floor. The ground floor of a structure is that floor which is closest in elevation to the finished grade along the width of the side of the structure that is principally oriented to the street which provides primary access to the subject property. A structure consisting of a building with multiple entrances divided into individual offices and related uses shall have only one ground 2.3.b Packet Pg. 261 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) floor. In the event that the use of the building shifts traffic from one entrance to another or there is uncertainty in determining which entrance provides “primary access,” the primary entrance as established by the historic use of the structure shall control unless the transfer of the “primary access” from one street orientation to another is brought about in conjunction with the building or its use being brought into full compliance with all current code requirements. [Ord. 2958 § 4, 1993]. 21.35.020 Group sign. Repealed by Ord. 3313. 21.35.030 Guest house. Repealed by Ord. 4360. 21.35.040 Guyed tower. Repealed by Ord. 3845. Chapter 21.40 “H” TERMS Sections: 21.40.005 Halfway house. 21.40.006 Hallway. 21.40.010 Hearing examiner. 21.40.020 Repealed. 21.40.030 Height. 21.40.040 Home occupation. 21.40.050 Horse. 2.3.b Packet Pg. 262 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.40.055 Hospitals. 21.40.060 Hotel. 21.40.005 Halfway house. A halfway house shall include state licensed group care homes for juvenile delinquents, halfway houses providing residence in lieu of institutional sentencing, halfway houses providing residence to those needing correctional institutionalization, and detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from the effects of alcohol and drugs. [Ord. 2820 § 6, 1991]. 21.40.006 Hallway. Hallway, as used in ECDC 16.20.060, 21.05.010, and 21.40.030(C), means a wholly enclosed building whose primary purpose is the connection of one building or portion thereof to another. A building or portion thereof which connects one building to another and whose width is 60 percent or less of its length shall be presumed to be a hallway. [Ord. 3728 § 4, 2009]. 21.40.010 Hearing examiner. Hearing examiner means the person employed by the city of Edmonds to hold hearings and make recommendations or decisions on various land use applications. 21.40.020 Hedge. Repealed by Ord. 3491. 2.3.b Packet Pg. 263 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.40.030 Height. A. Height means the average vertical distance from the average level of the undisturbed soil of the site covered by a structure to the highest point of the structure. (See subsection (D) of this section for exceptions to this rule.) B. “Average level” shall be determined by averaging elevations of the downward projections of the four corners of the smallest rectangle which will enclose all of the building, excluding a maximum of 30 inches of eaves. If a corner falls off the site, its elevation shall be the average elevation of the two points projected downward where the two sides of the rectangle cross the property line. (See subsection (D) of this section for exceptions to this rule.) C. Accessory buildings that are attached to the main building by a breezeway, hallway, or other similar connection so that the accessory building is separated by 10 feet or less from the main building shall be considered to be part of the main building for purposes of determining the average level. For the purposes of this section, in order for an accessory building to be considered to be attached to and a part of the main building, the connecting structure must have a roof and be constructed of similar materials to both the main building and the accessory building so that it appears to be a unified and consistently designed building. D. Height Exceptions. 1. For all properties located within the Coastal High Hazard Areas and Coastal A Flood Zones, height is measured from the elevation that is two feet above base flood elevation as identified from the applicable FEMA flood hazard map; 2. Church steeples; 3. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height, for that portion above the height limit; 4. Chimneys, not to exceed nine square feet in horizontal section or more than three feet in height, for that portion above the height limit. In RM districts, chimneys shall be clustered. No multiple-flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall not exceed nine square feet in horizontal section, and other chimneys shall not exceed six square feet in horizontal section; 5. Vent pipes not to exceed 18 inches in height above the height limit; 2.3.b Packet Pg. 264 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 6. Standpipes not to exceed 30 inches in height above the height limit; 7. Solar energy installations not to exceed 36 inches in height above the height limit. Such an installation may be approved as a Type II staff decision if it is designed and located in such a way as to provide reasonable solar access while limiting visual impacts on surrounding properties; and 8. Replacement of existing rooftop HVAC equipment which exceeds the existing height limit, so long as the replacement equipment does not exceed the height of the existing equipment by more than 12 inches. The replacement equipment must have earned the Energy Star label. [Ord. 4026 § 3, 2016; Ord. 3866 § 1, 2011; Ord. 3728 § 2, 2009; Ord. 3654 § 1, 2007; Ord. 3569 § 2, 2005]. 21.40.040 Home occupation. Home occupation means an economic enterprise operated within a dwelling unit or buildings accessory to a dwelling unit, incidental and secondary to the residential use of the dwelling unit, including the use of a dwelling unit as a business address in the phone directory or as a post office mailing address. 21.40.050 Horse. Horse means any equine animal four months of age or older. 21.40.055 Hospitals. Hospitals are public or private health facilities providing care for persons suffering from acute illness, injuries or other conditions requiring medical, surgical, psychiatric, or obstetrical services. Residence is normally short, and the facilities are characterized by high public access requirements, and the need for emergency access. Included in this definition are general or emergency hospitals, maternity and psychiatric hospitals and alcoholism and drug detoxification services. [Ord. 2818 § 5, 1991]. 2.3.b Packet Pg. 265 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.40.060 Hotel. Hotel means a facility offering transient lodging accommodations on a daily or weekly basis to the general public and which may provide additional services, such as restaurants, meeting rooms, and recreation facilities. (See also, Motel.) [Ord. 4213 § 2 (Att. A), 2021]. Chapter 21.45 “I” TERMS Sections: 21.45.010 Interior lot. 21.45.020 Irregular lot. 21.45.010 Interior lot. Interior lot means a lot fronting on only one street. (See also, Lot.) 21.45.020 Irregular lot. Irregular lot means one which is shaped so that application of setback requirements is difficult. Examples include a lot with a shape which is not close to rectangular, or a lot with no readily identifiable rear lot line, or a flag lot. (See also, Lot.) 2.3.b Packet Pg. 266 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 21.47 “J” TERMS (Reserved) Chapter 21.50 “K” TERMS Sections: 21.50.010 Kennel. 21.50.020 Kitchen. 21.50.010 Kennel. (See, Commercial Kennel.) 21.50.020 Kitchen. Kitchen means any room used for cooking or preparation of food. Chapter 21.55 “L” TERMS Sections: 21.55.005 Repealed. 21.55.007 Local public facilities. 21.55.010 Lot. 21.55.015 Lot of record. 21.55.020 Lot area. 2.3.b Packet Pg. 267 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.55.030 Lot depth. 21.55.040 Lot line. 21.55.050 Lot width. 21.55.060 Landslide hazard area and earth subsidence. 21.55.070 Low impact development (LID). 21.55.005 Lattice tower. Repealed by Ord. 3845. 21.55.007 Local public facilities. Local public facilities mean any community facilities operated by a unit of local, state or federal government (or by a third party on behalf of a unit of local, state or federal government) primarily sited, designed, constructed, and operated for the purpose of providing public health, safety and welfare services to the immediate area or neighborhood in which the facilities are sited. Local public facilities include, but are not limited to: police stations, fire stations, branch libraries, bus-stop shelters, electrical substations, water pump stations, community clubhouses, parks and recreation special use areas, branch administrative offices of a governmental entity, and associated storage and maintenance buildings and yards. [Ord. 3723 § 1, 2009; Ord. 3353 § 16, 2001]. 21.55.010 Lot. Lot means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. For purposes of this code, adjoining lots under common ownership, which were created without subdivision or short subdivision approval from applicable city or county governments, shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots 2.3.b Packet Pg. 268 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) meet current zoning requirements. (See also, Corner Lot, Flag Lot, Interior Lot, and Irregular Lot, and Parent Lot.) [Ord. 3982 § 1, 2014]. 21.55.015 Lot of record. Lot of record means a single tract of land meeting any one of the criteria listed below. A. Platted lots: 1. Any lot whose boundaries were establish in a recorded plat or short plat. 2. Any lot whose boundaries were establish in an unrecorded short plat approved by the city of Edmonds between July 3, 1956, and March 19, 1974 (not all short plats were required to be recorded). 3. Any combination of two or more lots shoring a side lot line as depicted in the following recorded plats: a. City of Edmonds. b. Brackett’s First Addition. c. Gephart’s First Addition. d. Kellogg’s Plat of Edmonds. e. Albert B. Lord’s Grandview Addition. 4. Any lot established by Snohomish County prior to the property’s being annexed into the city of Edmonds and: a. Whose boundaries were established by transfer of ownership before September 12, 1972, and the lot met all zoning and subdivision requirements in effect at the time of its creation. b. Whose boundaries were established between August 19, 1969, and September 12, 1972, by county approved short plat but not recorded with the county auditor’s office. 2.3.b Packet Pg. 269 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) c. Whose boundaries were established on or after September 12, 1972, by county approved and recorded short plat. d. Whose boundaries were established by county approved and recorded formal plat. B. Unplatted lots: 1. Lots created by deed prior to July 3, 1956. 2. Lots created through court order, will and testament, or other process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040 or through an exemption from platting regulations provided by law at the time of creation of the parcel. 3. Lots that have been recognized through a previous lot determination review as legal lots. [Ord. 3982 § 2, 2014]. 21.55.020 Lot area. Lot area means the total horizontal area within the boundary lines of a lot. Lot area shall normally exclude any street rights-of-way and access easements. If additional right-of-way has been required in accordance with the provisions of ECDC 18.80.010, note 4, as the same exists or is hereafter amended, lot area shall be calculated to include the additional right-of-way required over and above the standard established by that section. [Ord. 2713, 1989]. 21.55.030 Lot depth. Lot depth means the depth of the lot measured on a line approximately perpendicular to the fronting street and midway between the sidelines of the lot. 21.55.040 Lot line. Lot line means any line enclosing the lot area. (See also, Rear Lot Line, Side Lot Line, and Street Lot Line.) 2.3.b Packet Pg. 270 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.55.050 Lot width. Lot width identifies the minimum diameter of a lot width circle that must fit within a lot. This circle establishes that at least some portion of a lot must be at least as wide as the minimum lot width. The lot width circle shall not include Type 1 streams, Type 2 streams, Class 1 wetlands, and/or Class 2 wetlands. Examples showing the application of lot width circles are illustrated below. [Ord. 3346 § 1, 2001]. 21.55.060 Landslide hazard area and earth subsidence. Those areas identified in the Roger Lowe Associates, Inc. report as on file with the city clerk and the accompanying landslide hazard map as having a greater than zero percent probability of landslide or subsidence hazard. [Ord. 2445 § 2, 1984]. 2.3.b Packet Pg. 271 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.55.070 Low impact development (LID). A stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and the use of on-site natural features. See Chapter 18.30 ECDC, Stormwater Management, for additional LID-related terms, including “impervious surface,” “bioretention,” “pervious surface” and “on-site stormwater management BMP.” [Ord. 4085 § 21 (Exh. A), 2017]. Chapter 21.60 “M” TERMS Sections: 21.60.002 Repealed. 21.60.004 Repealed. 21.60.005 Major transit stop 21.60.006 Repealed. 21.60.008 Middle housing. 21.60.010 Mobile home. 21.60.020 Mobile home park. 21.60.030 Moorage. 21.60.040 Motel. 21.60.045 Repealed. 21.60.046 Repealed. 21.60.050 Multiple dwelling. 21.60.060 Multiple dwelling units. 2.3.b Packet Pg. 272 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.60.002 Macro facility. Repealed by Ord. 3845. 21.60.004 Micro facility. Repealed by Ord. 3845. 21.60.006 Mini facility. Repealed by Ord. 3845. 21.60.005 Major transit stop. (a) A stop on a high-capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; (b) Commuter rail stops; (c) Stops on rail or fixed guideway systems; or (d) Stops on bus rapid transit routes, including those stops that are under construction. 21.60.008 Middle housing. Buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. 21.60.010 Mobile home. Mobile home means a building over 32 feet in length, assembled and transported to a site ready for occupancy, and which is not placed on a permanent foundation and does not meet the provision of the building code for houses. (See also, Trailer.) 2.3.b Packet Pg. 273 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.60.020 Mobile home park. Mobile home park means land where two or more mobile homes are stored or used. (See also, Trailer Park.) 21.60.030 Moorage. Moorage means a place to tie up or anchor a boat. 21.60.040 Motel. Motel means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names. (See also, Hotel.) 21.60.045 Monopole I. Repealed by Ord. 3845. 21.60.046 Monopole II. Repealed by Ord. 3845. 21.60.050 Multiple dwelling. Multiple dwelling means a building or a group of buildings on the same site containing two or more separate dwelling units. (See also, Dwelling Unit.) 2.3.b Packet Pg. 274 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.60.060 Multiple dwelling units. A multiple dwelling unit is a dwelling unit located in a multiple dwelling or within a mixed use development such as a multiple dwelling unit located in a commercial structure as a secondary use under the authority of ECDC 16.50.010(B)(3). [Ord. 2958 § 3, 1993]. Chapter 21.65 “N” TERMS Sections: 21.65.010 Natural open space areas. 21.65.020 Neighborhood park. 21.65.010 Natural open space areas. Natural open space areas mean public recreation areas consisting of open space land left in its natural state and used primarily as a buffer or separation from other urban uses. Depending upon the conditions of the site, the site may or may not be available for public access. In the Puget Sound area, natural open space generally contains heavily forested areas with dense underbrush. In many cases, environmentally sensitive areas are considered as natural open space areas and may include wetlands, wildlife habitat, stream and creek corridors, steep hillsides, forested areas or unique or endangered plant species. [Ord. 3353 § 17, 2001]. 21.65.020 Neighborhood park. Neighborhood park means public recreation facilities consisting of a combination playground and park designed primarily for nonsupervised, nonorganized recreation activities. In addition to their recreation value, they also provide a source of open space and aesthetic quality in the neighborhood. Neighborhood parks are generally small in size (three to 10 acres) and serve an area of approximately one-half-mile radius. Neighborhood parks are located within walking and bicycling distance of most users and are frequently located adjacent to or upon school 2.3.b Packet Pg. 275 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) property. Neighborhood parks sometimes provide space for organized community events. The facilities generally located in a neighborhood park include: children’s playground, picnic facilities, trails, open space and nature areas, tennis courts, outdoor basketball court, and multi- use open field for soccer, youth league baseball, etc. [Ord. 3353 § 17, 2001]. Chapter 21.75 “O” TERMS Sections: 21.75.010 Office. 21.75.020 Off-street parking. 21.75.030 Open space. 21.75.080 Other sexually oriented business. 21.75.120 Outdoor dining area. 21.75.010 Office. Office means a building or separately defined space within a building used for a business which does not include on-premises sales of goods or commodities. 21.75.020 Off-street parking. Off-street parking means motor vehicle parking facilities within the lot area of a private lot or public lot established for that purpose. (See also, Private Parking and Commercial Parking Lot.) 21.75.030 Open space. Open space means any part of a lot unobstructed from the ground upward. 2.3.b Packet Pg. 276 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.75.080 Other sexually oriented business. An other sexually oriented business is any commercial establishment not defined herein where adult entertainment or sexually oriented materials is regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library and a school, university, or similar educational or scientific facility shall not be considered a sexually oriented business. In addition, a commercial establishment that offers access to telecommunications networks as a principal business purpose shall not be considered a sexually oriented business unless the access is provided for the primary purpose of displaying or presenting materials or visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas. [Ord. 3117 § 9, 1996]. 21.75.120 Outdoor dining area. An outdoor dining area is a portion of a property utilized by a licensed food or beverage establishment for the seating of customers for their consumption of food or beverages served by the establishment. An outdoor dining area is not located within a completely enclosed building, but is instead located outside the building, such as on an outdoor patio or deck. The area may be open to the elements or may be covered by a roof or awning or partially enclosed. A portion of a dining area within an enclosed building that is temporarily opened to the outdoors (such as by opening windows, doors, or walls) is not considered to be an outdoor dining area. An outdoor dining area must be located on property outside of the city right-of- way. [Ord. 3871 § 2, 2012]. Chapter 21.80 “P” TERMS Sections: 21.80.005 Parent lot. 21.80.005007 Parks and recreation special use areas. 21.80.010 Permitted use. 2.3.b Packet Pg. 277 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.80.020 Permit coordinator. 21.80.030 Person. 21.80.040 Pedestrian-bike path. 21.80.050 Petroleum products storage and distributing. 21.80.055 Pier. 21.80.060 Planning advisory board. 21.80.065 Planning official. 21.80.070 Primary use. 21.80.075 Principal dwelling unit. 21.80.080 Private. 21.80.090 Private parking. 21.80.095 Project permit or project permit application. 21.80.100 Repealed. 21.80.103 Public market. 21.80.105 Public meeting. 21.80.005 Parent Lot. The original lot, parcel, or tract of land, as recorded with the County Assessor’s office, prior to subdivision or other division methods such as unit lot subdivisions or condominium plats, from which new unit lots or individually owned units are created. A parent lot must meet all applicable zoning requirements, including minimum lot size, dimensional standards, and density allowances for the underlying zoning district. 21.80.007 Parks and recreation special use areas. Parks and recreation special use areas mean public facilities used for specialized recreational, educational, or community purposes. Special use areas include miscellaneous publicly owned facilities that do not generally meet the classification criteria for neighborhood, community, regional, or waterfront park areas. Special use areas often include various types of indoor facilities. Examples of special use areas in Edmonds include the Meadowdale Clubhouse, Historical Museum, and Frances Anderson Center. Parks and recreation special use areas are a type of local public facilities. [Ord. 3353 § 18, 2001]. 2.3.b Packet Pg. 278 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.80.010 Permitted use. Permitted use means a use not requiring a conditional use permit. (See also, Use.) 21.80.020 Permit coordinator. Permit coordinator means the planning and development director or other person designated by the mayor. [Ord. 4314 § 94 (Exh. A), 2023]. 21.80.030 Person. Person means any person, firm, business, corporation, partnership, or other association or organization, marital community, municipal corporation, special district or governmental agency, and includes the plural such as persons, firms, etc. 21.80.040 Pedestrian-bike path. (See Bike-Pedestrian Path.) 21.80.050 Petroleum products storage and distributing. Petroleum products storage and distribution means the receipt of petroleum products, generally by pipeline or marine vessels and the storage and loading of petroleum products for distribution to petroleum bulk plants and to customers and automotive service stations; and all related operations, including but not limited to, the operation and maintenance of trucks and equipment, the handling of products, merchandise and materials, the provision of customer services related to the petroleum distribution business, and the compounding, blending, packaging and shipping of lube oils and greases. 2.3.b Packet Pg. 279 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.80.055 Pier. A pier is a fixed structure which abuts the shoreline and is used for moorage or other water- related activities such as swimming and diving. [Ord. 2605 § 5, 1987]. 21.80.060 Planning advisory board. Planning advisory board means the planning advisory board of the city of Edmonds, established in Chapter 10.40 ECC. 21.80.065 Planning official. The manager of the planning division or his/her designee. [Ord. 2925 § 1, 1993]. 21.80.070 Primary use. Primary use means the principal use of a property. (See also, Use.) 21.80.075 Principal dwelling unit. Principal dwelling unit means a primary housing unit located on the same lot as an accessory dwelling unit. [Ord. 4360 § 9 (Exh. A), 2024]. 21.80.080 Private. Private means for the noncommercial use of the occupant and guests of the occupant. 2.3.b Packet Pg. 280 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.80.090 Private parking. Private parking means parking facilities for the noncommercial use of the occupant and guests of the occupant, including garages and carports. (See also, Off-Street Parking and Commercial Parking Lots.) 21.80.095 Project permit or project permit application. Project permit or project permit application for purposes of the ECDC means any land use or environmental permit or license required by the ECDC for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site-specific rezones which do not requireauthorized by a comprehensive plan amendmentor sub-area plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. [Ord. 4371 § 7 (Exh. A), 2024; Ord. 3112 § 36, 1996]. 21.80.100 Projecting sign. Repealed by Ord. 3313. 21.80.103 Public market. Public market shall mean an indoor and/or outdoor retail market open to the public consisting of two or more independent vendors, with each vendor operating independently from other vendors and subleasing booths, stalls or tables for the purpose of selling farm-grown or home- grown produce, food, flowers, plants or other similar perishable goods, and/or new wares, used goods or merchandise. [Ord. 3932 § 2, 2013]. 2.3.b Packet Pg. 281 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.80.105 Public meeting. Public meeting for purposes of the ECDC means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the decision-making body’s decision. A public meeting may include, but is not limited to, an architectural design board meeting or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit file. [Ord. 3112 § 37, 1996]. Chapter 21.85 “R” TERMS Sections: 21.85.010 Rear lot line. 21.85.015 Rainwater collection tank. 21.85.020 Rear setback. 21.85.030 Recreation facilities. 21.85.031 Regional park. 21.85.033 Regional public facilities. 21.85.035 Related equipment. 21.85.040 Restaurant. 21.85.050 Retirement home. 21.85.060 Riding academy. 21.85.070 Roof. 21.85.080 Rooming house. 21.85.010 Rear lot line. Rear lot line means a line or lines which are opposite and most distant from the street lot line. (See also, Lot Line.) 2.3.b Packet Pg. 282 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.85.015 Rainwater collection tank. Expired. 21.85.020 Rear setback. Rear setback means the minimum distance required by this code for a building or structure to be set back from the rear lot line. [Ord. 3602 § 3, 2006]. 21.85.030 Recreation facilities. Recreation facilities means uses such as boat or yacht clubs, swimming pools, athletic clubs, golf, and country clubs, tennis courts, and so forth. 21.85.031 Regional park. Regional park means a public recreation facility designed and located to serve an entire region. Regional parks are usually large in size and often include areas of natural quality suitable for outdoor recreation activities such as golfing, picnicking, boating, fishing, swimming, camping and hiking. [Ord. 3353 § 19, 2001]. 21.85.033 Regional public facilities. Regional public facilities mean any community facilities primarily sited, designed, constructed, and operated for the purpose of providing services or recreation to the general public on a regional or national basis. Regional public facilities include, but are not limited to: airports, concert halls, museums, zoos, aquariums, universities, colleges, trade schools, cemeteries, central or primary government offices, sewage treatment facilities, solid waste facilities, commuter parking lots, regional transit centers, and stadiums. Facilities associated with and sited with schools are not intended to be regulated as separate regional public facilities. [Ord. 3353 § 20, 2001]. 2.3.b Packet Pg. 283 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.85.035 Related equipment. Related equipment is all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. [Ord. 3099 § 14, 1996]. 21.85.040 Restaurant. Restaurant means a building where food is sold to the public for on-premises consumption or to go. It may include alcoholic beverage service only if under a class C, D, or H state liquor license. 21.85.050 Retirement home. Retirement home means a place of residence for several families or individuals in apartment- like quarters, which may feature services such as limited nursing facilities, minimum maintenance living accommodations, and recreation programs and facilities. 21.85.060 Riding academy. Riding academy means an establishment where horses are kept for riding, driving, or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment. 21.85.070 Roof. Roof means the top covering of a building or structure. 2.3.b Packet Pg. 284 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.85.080 Rooming house. Rooming house means a boarding house. Chapter 21.90 “S” TERMS Sections: 21.90.006 Satellite television antenna. 21.90.008 School. 21.90.009 Repealed. 21.90.010 Secondary use. 21.90.011 Service club. 21.90.012 Service station, automobiles. 21.90.014 Service station, self. 21.90.020 Setback. 21.90.024 Sexually oriented business. 21.90.025 Sexually oriented materials. 21.90.030 Short subdivision. 21.90.040 Side lot line. 21.90.050 Side setback. 21.90.060 Sidewalk or trail. 21.90.070 Repealed. 21.90.080 Single-family dwelling (unit). 21.90.085 Single-family zones. 21.90.090 Site. 21.90.095 Small animal hospital. 21.90.100 Sorority. 21.90.101 Specified anatomical areas. 21.90.102 Specified sexual activities. 21.90.105 Stacked flat. 21.90.110 Story. 21.90.120 Street. 2.3.b Packet Pg. 285 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.90.130 Street lot line. 21.90.140 Street setback. 21.90.150 Structure. 21.90.160 Structural alterations. 21.90.170 Subdivision. 21.90.006 Satellite television antenna. A satellite television antenna is an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. [Ord. 2526 § 1, 1985. Formerly 21.90.008]. 21.90.008 School. School means public facilities consisting of grounds and facilities primarily used or dedicated for the academic education of students from preschool through the twelfth grade and licensed or accredited pursuant to RCW Title 28A. “Primary schools” are schools used or dedicated for the education of students from preschool through the eighth grade. “High schools” are schools used or dedicated for the academic education of students from ninth grade through the twelfth grade. Schools are considered to include all school buildings, structures, ballfields, stadiums, and other grounds or facilities that are primarily dedicated for educational uses, or to the support of educational uses. [Ord. 3353 § 21, 2001]. 21.90.009 Seasonal farmers’ market. Repealed by Ord. 3921. 21.90.010 Secondary use. Secondary use means a use of a site which is secondary and subordinate to the primary use of the site, and may exist only when a primary use is existing on the same lot. The floor area devoted to all secondary uses shall be less than that devoted to the primary use. 2.3.b Packet Pg. 286 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.90.011 Service club. A service club is a bona fide charitable, nondiscriminatory fraternal, or service organization, incorporated as a not-for-profit organization under the laws of the state of Washington, recognized as a tax exempt organization by the Internal Revenue Service, and performing community service within the city of Edmonds. [Ord. 2710, 1989]. 21.90.012 Service station, automobiles. An automobile station means a business that provides for any or all of the following: A. The sale of gasoline, diesel or other fuels used for the propulsion of motor vehicles, when such products are delivered directly into the fuel tanks of automobiles. Battery exchange stations that enable electric vehicles to swap batteries as defined in ECDC 17.115.020 are also considered an automobile service station. B. The servicing of motor vehicles and operations incidental thereto, incidental to the retail sale of fuels, petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; auto detailing; tire changing and repairing (excluding recapping); battery service whether charging or replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; and installation of automotive accessories. C. The following services if performed entirely within a building: lubrication of motor vehicles; brake service limited to servicing and replacement of brake cylinders, aligns and brake shoes; wheel balancing; inspection, testing, adjustment, and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring, mufflers and tail pipes, and pollution control devices and equipment. [Ord. 4251 § 2 (Exh. A), 2022; Ord. 2660 § 3, 1988]. 2.3.b Packet Pg. 287 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.90.014 Service station, self. For the purposes of this code a “self-service station” means an automobile service station at which one or more of the fuel dispensing pumps is designated for operation by the retail gasoline consumer. [Ord. 2660 § 4, 1988]. 21.90.020 Setback. Setback means the minimum distance that buildings/structures or uses must be set back from a lot line, excluding up to 30 inches of eaves. (See also, Rear Setback, Side Setback, and Street Setback.) 21.90.024 Sexually oriented business. A sexually oriented business is a commercial establishment defined as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult retail store, or other sexually oriented business. [Ord. 3117 § 7, 1996]. 21.90.025 Sexually oriented materials. Any books, magazines, periodicals, or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified sexual anatomical areas. [Ord. 3117 § 10, 1996]. 21.90.030 Short subdivision. (See ECDC 20.75.030.) 2.3.b Packet Pg. 288 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.90.040 Side lot line. Side lot line means any lot line that is not a street or rear lot line. (See also, Lot Line.) 21.90.050 Side setback. Side setback is the minimum distance required by this code for a building or structure to be set back from a side lot line. [Ord. 3602 § 1, 2006]. 21.90.060 Sidewalk or trail. Sidewalk or trail for purposes of ECDC Title 15 means pedestrian facilities which are not desirable routes for bicycles because of curbs, obstacles, uneven surfaces, and pedestrian traffic, etc. They are primarily for pedestrian use. 21.90.070 Sign. Repealed by Ord. 3313. 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 familyhousehold, 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. [Ord. 4360 § 9 (Exh. A), 2024; Ord. 4260 § 5 (Exh. A), 2022]. 2.3.b Packet Pg. 289 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.90.085 Single-family zones. Those zones where single-family detached residences are the predominant land use. 21.90.090 Site. Site, when used in describing an approval or permit process in this code, means the property which is the subject of the approval or permit application. 21.90.095 Small animal hospital. A small animal hospital means a veterinary facility which treats small domestic house pets such as dogs, cats, birds, fish and/or other small exotic animals under 100 pounds. This definition shall not include veterinary facilities which board or breed domestic animals or which treat, board or otherwise house or care for horses, sheep, cattle, pigs or other species of animals which typically weigh over 100 pounds per mature individual. [Ord. 2759 § 3, 1990]. 21.90.100 Sorority. Sorority means the same type of use as a fraternity, particularly for females. 21.90.101 Specified anatomical areas. Specified anatomical areas means and includes any of the following: A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or B. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola. [Ord. 3117 § 12, 1996]. 2.3.b Packet Pg. 290 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.90.102 Specified sexual activities. Specified sexual activities means and includes any of the following: A. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or C. Masturbation, actual or simulated; or D. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. [Ord. 3117 § 14, 1996]. 21.90.110 Story. Story means that part of a building lying between two floors or between the floor and ceiling of the highest usable level in the building. 21.90.115 Stacked Flat. Dwelling units in a residential building of no more than three stories on a residential zoned lot in which each floor may be separately rented or owned. 21.90.120 Street. Street means the public or private right-of-way or access easement which provides vehicle access to five or more lots. [Ord. 3364 § 1, 2001]. 2.3.b Packet Pg. 291 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.90.130 Street lot line. Street lot line means the line or lines along the edge of a street or access right-of-way or easement. Where the official street map shows a proposed right-of-way, the edge of the proposed right-of-way shall be used as the street lot line. If additional right-of-way has been required as provided in ECDC 18.80.010, note 4, and such requirement unreasonably restricts the building footprint established by setback requirements, the city staff may calculate required setbacks for issuance of a building permit by alternatively measuring the setback from the standard street lot line, and not from the new street lot line as increased by a requirement levied under the authority of ECDC 18.80.010, note 4. [Ord. 2713, 1989]. 21.90.140 Street setback. Street setback means the minimum distance required by this code for a building or structure to be set back from the street lot line. [Ord. 3602 § 2, 2006]. 21.90.150 Structure. Structure means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground. Not included are residential fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor character less than three feet in height. 21.90.160 Structural alterations. (See Alterations.) 21.90.170 Subdivision. (See ECDC 20.75.030.) 2.3.b Packet Pg. 292 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 21.100 “T” TERMS Sections: 21.100.010 Tavern. 21.100.020 Temporary building or structure. 21.100.030 Through lot. 21.100.040 Townhouse. 21.100.050 Trails. 21.100.060 Trailer. 21.100.070 Trailer park. 21.100.075 Transient accommodation. 21.100.080 Repealed. 21.100.090 Transit center. 21.100.090 Triplex. 21.100.010 Tavern. Tavern means a building where beer and/or wine is served to the public, which holds a class A or B license from the Washington State Liquor Control Board. 21.100.020 Temporary building or structure. Temporary building or structure means a building or structure not having or requiring permanent attachment to the ground or involving structures which have no required permanent attachment to the ground. 21.100.030 Through lot. Through lot means a lot fronting on two streets that is not a corner lot. 2.3.b Packet Pg. 293 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.100.040 Townhouse. Townhouse means a multiple dwelling unit meeting the following criteria: A. No dwelling unit overlapping another vertically; Buildings that contain three to six attached single-family dwelling units that extend from foundation to roof and that have a yard or public way on not less than two sides. Common side walls joining units; C. Not more than six dwelling units in one structure; D. Coverage shall not exceed the aggregate coverage of the individual structures as defined in the zoning code. [Ord. 4070 § 3 (Exh. 1), 2017]. 21.100.050 Trails. (See Sidewalks.) 21.100.060 Trailer. Trailer means a vehicle designed for short-term living, small enough to be towed by a standard automobile. (See also, Mobile Home.) 21.100.070 Trailer park. Trailer park means land used for the temporary parking of two or more trailers. (See also, Mobile Home Park.) 2.3.b Packet Pg. 294 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.100.075 Transient accommodation. Transient accommodation shall mean any hotel, motel, condominium, resort or other facility regardless of size which offers rental of one or more lodging units on a daily or weekly basis. It shall not include rooms let on month-to-month leases or longer tenancies. [Ord. 3900 § 6, 2012]. 21.100.080 Transmission tower. Repealed by Ord. 3845. 21.100.090 Transit center. A transit center is a dedicated transit facility located outside of the public right-of-way where several transit routes converge. A transit center is designed to accommodate several buses at once to permit users easy transfer between transit routes. A transit center may provide transit passenger shelters and waiting areas, but does not include spaces for transit passengers’ automobile parking. [Ord. 3353 § 22, 2001]. 21.100.100 Triplex. A residential building containing exactly three attached dwelling units located on a single lot. Units may be arranged side-by-side, stacked vertically, or configured through a combination of these arrangements, sharing common structural elements such as walls, floors, or ceilings. Each unit must have an independent exterior entrance or be accessed through a shared common entry. Chapter 21.105 “U” TERMS Sections: 21.105.010 Undisturbed soil. 2.3.b Packet Pg. 295 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21.105.115 Usable satellite signal. 21.105.020 Use. 21.105.030 Used car lot (or sales). 21.105.040 Unit density. 21.105.010 Undisturbed soil. Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs. However, where the site has been altered by grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determination from then available data of the mean elevation of the undisturbed soil. If the undisturbed soil elevation is not readily determined due to demolition of an existing structure, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations. If the proposed structure occurs where no setbacks are required, the elevation of the surface (sidewalk, alley, or soil) of the property line at or nearest the intersection of the sides of the building height rectangle will be considered undisturbed soil. Where the building official deems it necessary, he shall have the right to require establishment of a datum point from which all height measurements shall be made. 21.105.050 Unit Density. The total number of dwelling units permitted on a lot, including primary dwelling units and all accessory dwelling units (ADUs), regardless of lot size. 21.105.115 Usable satellite signal. A usable satellite signal is a satellite signal which when acquired by the use of a properly installed, maintained, and operated satellite television antenna of a high quality readily available on the public market and when viewed on a conventional television set is at least 2.3.b Packet Pg. 296 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) equal in picture quality to that received from local commercial television stations or by way of cable television. [Ord. 2526 § 2, 1985]. 21.105.020 Use. Use means the purpose land or building or structures now serve or for which they are occupied, maintained, arranged, designed, or intended. (See also, Accessory Use, Conditional Use, Commercial Use, Permitted Use, Primary Use, Private Use, and Secondary Use.) 21.105.030 Used car lot (or sales). Used car lot (and used car sales) means any place outside a building where two or more used automobiles are offered or displayed for sale. Chapter 21.110 “V” TERMS Sections: 21.110.010 Vacation. 21.110.010 Vacation. A statutory procedure by which the city may relinquish its interest in streets, alleys, or easements. [Ord. 2926 § 1, 1993]. 2.3.b Packet Pg. 297 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 21.115 “W” TERMS Sections: 21.115.010 Repealed. 21.115.020 Repealed. 21.115.022 Repealed. 21.115.024 Repealed. 21.115.030 Working day. 21.115.010 Wall sign. Repealed by Ord. 3313. 21.115.020 Window sign. Repealed by Ord. 3313. 21.115.022 Wireless communication facility. Repealed by Ord. 3845. 21.115.024 Wireless communication support structure. Repealed by Ord. 3845. 21.115.030 Working day. Working day means any day during which the city administrative offices are open for normal business. [Ord. 2269 § 2, 1982]. 2.3.b Packet Pg. 298 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 21.125 “Z” TERMS Sections: 21.125.010 Zero lot line development. 21.125.010 Zero lot line development. Zero lot line development(s) is a term that describes the location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line. It does not describe or imply attached units. This kind of development may sometimes be described as “z” lots or zipper lots. [Ord. 3387 § 2, 2001]. The Edmonds Community Development Code is current through Ordinance 4379, passed January 14, 2025 2.3.b Packet Pg. 299 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Chapter 3.36 IMPACT FEES 3.36.010 Findings and authority. 3.36.020 Definitions. 3.36.030 Assessment and payment of impact fees. 3.36.040 Exemptions. 3.36.050 Credits. 3.36.060 Tax adjustments. 3.36.070 Appeals. 3.36.080 Establishment of impact fee accounts. 3.36.090 Refunds. 3.36.100 Use of funds. 3.36.110 Review. 3.36.120 Park impact fee rates. 3.36.125 Street impact fee rates. 3.36.130 Independent fee calculations. 3.36.140 Existing authority unimpaired. 3.36.150 Procedures guide. 3.36.160 Deferral system for single-family residences. 3.36.010 Findings and authority. The city council of the city of Edmonds (the “council”) hereby finds and determines that new growth and development in the city of Edmonds will create additional demand and need for public facilities in the city of Edmonds, and the council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Edmonds has conducted extensive studies documenting the procedures for measuring the impact of new developments on public facilities, has prepared the rate study and procedures guide for park impact fees, has prepared the rate study and procedures guide for transportation impact fees, and hereby incorporates these studies into this title by reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts the ordinance 2.3.b Packet Pg. 300 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) codified in this chapter to assess impact fees for parks and streets. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. These fees can and will only be applied to projects resulting from city-wide development growth. These fees cannot be used to mitigate existing shortfalls of the park system or street system4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 3.36.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 and ECDC Title 21 or given their usual and customary meaning. A. “Accessory dwelling unit” is defined in ECDC 21.05.015. B. “Building permit” means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. C. “Capital facilities plan” means the capital facilities plan element of a comprehensive plan adopted by the city of Edmonds pursuant to Chapter 36.70A RCW, and such plan as amended. There are many references in state statutes to the “capital facilities plan” (CFP) as the basis for projects that are eligible for funding by impact fees. The parks element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a “capital facilities plan,” and is considered to be the “capital facilities plan” (CFP) for the purpose of Edmonds’ impact fees for parks. The transportation element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a “capital facilities plan,” and is considered to be the “capital facilities plan” (CFP) for the purpose of Edmonds’ impact fees for streets. Depending on the context, references to a CFP in the impact fee chapter, rate study, and procedures guide are interpreted as referring to either the parks element of the city of Edmonds comprehensive plan or the transportation element of the city of Edmonds comprehensive plan, including the projects eligible for impact fees listed in Appendix C of the procedures guide for the transportation impact fees. 2.3.b Packet Pg. 301 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) D. “City” means the city of Edmonds“Council” means the city council of the city of Edmonds. F. “Department” means the planning and development department. G. “Development activity” means any construction, expansion, or change in the use of a building or structure that creates additional demand and need for public facilities. H. “Development approval” means any written authorization from the city of Edmonds which authorizes the commencement of a development activity. I. “Director” means the director designated by the mayor to administer the impact fee program or that director’s designee.“Dwelling unit” is defined in ECDC 21.20.050. “Encumbered” means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. L. “Feepayer” is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a land development activity which creates the demand for additional capital facilities, and which requires the issuance of a building permit. “Feepayer” includes an applicant for an impact fee credit. M. Reserved. N. “Hearing examiner” is defined in ECDC 21.40.010. O. “Impact fee” means a payment of money imposed by the city of Edmonds on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the public facilities needed to serve new growth and development. “Impact fee” does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling school impact fees, the cost of reviewing independent fee calculations or any other charge or fee based upon the administrative costs of processing a development application. P. “Impact fee account” or “account” means the account(s) established for each type of public facility for which impact fees are collected. The accounts shall be established pursuant to ECC 3.36.080 and 3.36.090 and comply with the requirements of RCW 82.02.070. Q. “Independent fee calculation” means the impact fee calculation and/or economic documentation prepared by a feepayer to support the assessment of an impact fee other than 2.3.b Packet Pg. 302 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) by the use of the rates listed in ECC 3.36.120 and 3.36.125, or the calculations prepared by the director where none of the fee categories or fee amounts in ECC 3.36.120 and 3.36.125 accurately describe or capture the impacts of the new development on public facilities. R. “Interest” means the average interest rate earned in the last fiscal year by the city of Edmonds. S. “Low-income housing” means housing affordable to, and occupied by, a household whose income does not exceed 80 percent of area median income as reported by the United States Department of Housing and Urban Development for the Seattle-Bellevue metropolitan area. To be considered affordable, for the purpose of this definition, the combined monthly cost of the housing, including rent, utilities, and other charges for the applicable unit, may not exceed 30 percent of the household’s monthly income, adjusted for family size. T. “Occupancy permit” means the permit issued by the city of Edmonds authorizing the building to be occupied where a development activity results in a change in use of the preexisting structure, or the creation of a new use where none previously existed. U. “Owner” means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. V. “Procedures guide” means the administrative guidance document prepared by the director pursuant to ECC 3.36.150. W. “Project improvements” means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. X. “Public facilities” means the public parks, open space and recreation facilities owned by the city of Edmonds or other governmental entities in the context of the park impact fee and means the public streets and roads owned by the city of Edmonds or other governmental entities in the context of the street impact fee. Y. “Rate study” means the “Rate Study for Impact Fees for Parks, Open Space and Recreation Facilities,” city of Edmonds, dated July 12, 2013, in the context of the park impact fee and means 2.3.b Packet Pg. 303 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) the “Rate Study for Impact Fees for Roads,” city of Edmonds, dated October 29, 2009, in the context of the street impact fee. Z. “Residential” or “residential development” means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. This also includes the residential portion of mixed-use developments. AA. Reserved. BB. “Service area” means the entire corporate limits of the city of Edmonds. CC. “Significant past tax payment” means taxes exceeding five percent of the amount of the impact fee, and which were paid prior to the date the impact fee is assessed and were earmarked or proratable to the same system improvements for which the impact fee is assessed. DD. Reserved. EE. “State” means the state of Washington. FF. Reserved. GG. “System improvements” means public facilities that are included in the city of Edmonds capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements. [Ord. 4299 § 4 (Exh. 4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 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. 2.3.b Packet Pg. 304 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 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. 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 developmentApplicants 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. 2.3.b Packet Pg. 305 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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 3.36.160.4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 3.36.040 Exemptionsfor 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; 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; 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 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. 2.3.b Packet Pg. 306 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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 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 2.3.b Packet Pg. 307 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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 feesThe 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. 4360 § 1 (Exh. A), 2024; Ord. 4268 § 1, 2022; Ord. 4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 3.36.050 Credits. A. Pursuant to the requirement of RCW 82.02.060(4), a feepayer shall be entitled to a credit for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the feepayer, to facilities that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity. B. The director shall determine if requests for credits meet the criteria in subsection (A) of this section. C. For each request for a credit or credits, the director shall select an appraiser or the feepayer may select an independent appraiser acceptable to the director. D. The appraiser must be prequalified by the city and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser’s certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the feepayer on a case-by-case basis. 2.3.b Packet Pg. 308 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) F. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the director may be providing to the feepayer, in the event that a credit is awarded. G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. H. No credit shall be given for project improvements required of the development by city code and/or SEPA; only dedications in excess of those required by law are eligible for credit. In no event shall this provision be interpreted to authorize cash payment. Nothing herein shall be interpreted to limit the discretion of the city council to decline to accept any proposed dedication. I. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments. For each request for a credit or credits for significant past tax payments for impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments for public facilities. J. Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit. K. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in ECC 3.36.070. L. A feepayer may, in the alternative, appeal an assessment or mitigation requirement which he believes exceeds the total which may lawfully be imposed. See ECDC 18.50.020(C). [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 2.3.b Packet Pg. 309 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 3.36.060 Tax adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the new development which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in ECC 3.36.120 and 3.36.125 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. [Ord. 4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 3.36.070 Appeals. A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. B. Appeals regarding the amount of the impact fee imposed on any development activity may only be filed by the feepayer of the property where such development activity will occur. This provision shall control over any other provisions of city ordinance. C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the city; 2. The request for review by the director shall be filed within 14 calendar days of the feepayer’s payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 3. An administrative fee will be imposed for the request for review by the director; this shall be the same as that imposed for a request for reconsideration of a staff decision; 4. The director shall issue his/her determination in writing within 14 days from the receipt of a request for review. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director’s decision concerning the independent fee calculation which is authorized in ECC 3.36.130, or the fees imposed by the 2.3.b Packet Pg. 310 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) director pursuant to ECC 3.36.120 and 3.36.125, or any other determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing examiner. E. The decision of the director may be appealed to the hearing examiner as a Type II decision. [Ord. 4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 3.36.080 Establishment of impact fee accounts. A. Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the purposes for which the impact fees were collected. C. On an annual basis, the administrative services director shall provide a report to the council on the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period. Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of time within which the impact fees shall be expended or encumbered. [Ord. 4314 § 8 (Exh. 4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 3.36.090 Refunds. A. If the city fails to expend or encumber the impact fees within 10 years of when the fees were paid or, where extraordinary or compelling reasons exist, such other time periods as established pursuant to ECC 3.36.080, the current owner of the property on which impact fees 2.3.b Packet Pg. 311 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis. B. The city shall notify potential claimants by first class mail that they are eligible for an impact fee refund. This notification shall be done by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the owner of the propertyOwners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is laterimpact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate public facilities. Refunds of impact fees under this section shall include any interest earned on the impact fees by the cityWhen the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. The city shall also refund to the current owner of property for which impact fees have been paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, that if the city has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset. The petitioner must provide receipts of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. Determinations of the director shall be in writing and shall 2.3.b Packet Pg. 312 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 40373934 § 1 (Exh. A), 2013]. 3.36.100 Use of funds. A. Pursuant to this chapter, impact fees: 1. Shall be used for public improvements that will reasonably benefit new development; and 2. Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and 3. Shall not be used for maintenance or operations. Impact fees may be spent for public improvements, including, but not limited to, planning, engineering, surveying, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Impact fees may also be used to recoup public improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costsIn the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.110 Review. The fee rates set forth in ECC 3.36.120 and 3.36.125 may be reviewed and adjusted by the council as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city’s comprehensive plan. The fee rates may be adjusted 2.3.b Packet Pg. 313 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of any adjustment up or down and revise the fee rates set forth in ECC 3.36.120 and 3.36.125. [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 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. : $2,340.16 per dwelling unit. 4. Nonresidential development: $1.34 per square foot. [Ord. 4360 § 1 (Exh. A), 2024; 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. 2.3.b Packet Pg. 314 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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 $6,249.14 215 – 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 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.1. Single-family house: $2,734.05 per dwelling unit. 2. Accessory dwelling units: $1,367.03 per dwelling unit. 3. Multifamily residential housing: $2,340.16 per dwelling unit. 210 – Single-family house per dwelling unit $1,196.33 $2,873.60 $4,561.37 $6,249.14 215 – 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 2.3.b Packet Pg. 315 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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 $20.74 820 – 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 2.3.b Packet Pg. 316 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 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. 4360 § 1 (Exh. A), 2024; Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. 3.36.130 Independent fee calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in ECC 3.36.120 and/or 3.36.125 accurately describe or capture the impacts of a new development on parks and/or streets, the department may ask the applicant to conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be agreed to by the director and the feepayer. The documentation submitted shall show the basis upon which the independent fee calculation was madeAny feepayer submitting an independent fee calculation will be required to pay the city of Edmonds a fee to cover the cost of reviewing the independent fee calculation. A fee is required by the city for conducting the review of the independent fee calculation plus the actual cost of outside consultant review if required by the city, unless otherwise established by the director, and shall be paid by the feepayer prior to initiation of review. C. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the documentation submitted by the feepayer, but is not required to 2.3.b Packet Pg. 317 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayerDeterminations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in ECC 3.36.070. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.140 Existing authority unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.150 Procedures guide. The director is authorized to develop a procedures guide to facilitate the city’s administration and enforcement of this chapter. The procedures guide shall be consistent with the provisions of this chapter, shall be for the sole convenience of the city, and shall not vest any rights in or for any other person. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.160 Deferral system for single-family residences. A. An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment until final inspection. The building official may withhold certification of final inspection until the impact fees have been paid in full. 2.3.b Packet Pg. 318 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) B. The amount of impact fees that may be deferred under this section must be determined by the fees in effect at the time the applicant applies for a deferralThe term of an impact fee deferral under this section may not exceed 18 months from the date of building permit issuance. D. An applicant seeking a deferral under this section must grant and record a deferred impact fee lien against the property in favor of the city in the amount of the deferred impact fee. The deferred impact fee lien, which must include the legal description, tax account number, and address of the property, must also be: 1. In a form approved by the city attorney; 2. Signed by all owners of the property, as demonstrated by a current title report, with all signatures acknowledged as required for a deed; 3. Recorded with the Snohomish County auditor’s office; 4. Binding on all successors in title after the recordation; and 5. Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact feesIf impact fees are not paid in accordance with a deferral authorized by this section, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCWIn addition to the administrative fee collected pursuant to ECC 3.36.030(B)(5), the city shall collect an additional reasonable administrative fee to implement this section from permit applicants who are seeking to delay the payment of impact fees under this section. The amount of the administrative fee shall be established and updated from time to time by resolution of the city councilThe section shall be construed to be consistent with state law and RCW 82.02.050, in particular. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016]. The Edmonds City Code is current through Ordinance 4393, passed May 6, 2025. Disclaimer: The city clerk’s office has the official version of the Edmonds City Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. 2.3.b Packet Pg. 319 At t a c h m e n t : A t t a c h m e n t 2 : M i d d l e H o u s i n g D r a f t C o d e _ R e d l i n e ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) (((((((((((((((( ((((((((((((((((((((((((((((((((((( ((((((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( ((((((((((((((((((((((((((((((((((((((((((((( ((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( ! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! !!!!! !!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! !!!! ! ! ! ! !!!! ! ! ! !!! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!! ! ! ! ! !!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! !! ! ! !! ! ! ! ! ! ! ! !!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! !!! ! !!! ! ! ! ! ! ! ! ! !! ! ! [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e HuttPark Brackett's LandingNorth Seaview Park Olympic Beach HummingbirdPark Meadowdale Beach County Park MeadowdalePlayFields Southwest County Park Maplewood HillPark PineRidgePark Sierra Park Yost Park Pine St.Park Lynndale Park / Skatepark Lake Ballinger Park Brackett'sLandingSouth Marina Beach CivicPlayfields ArtsCenter City Park EdmondsMarsh EdmondsElementary EdmondsCommunityCollege HickmanPark WestgateElementary Edmonds MemorialCemetery SeaviewElementary SherwoodElementary Edmonds WoodwayHigh School Old Edmonds WoodwayHigh School Madrona K-8 School FormerWoodwayElementary College PlaceElementary College PlaceMiddle School MaplewoodK-8 Co-op School Chase LakeElementary Holy RosaryPrivate School 76TH AVE W 220TH ST SW MAIN ST EDMONDS WAY 212TH ST SW PINE ST 100TH AVE W 9TH AVE N 80TH AVE W 8TH AVE S 96TH AVE W DAYTON ST 98TH AVE W9TH AVE S 244TH ST SW/LAKE BALLINGER WAY DALEY ST MAPLE ST WALNUT ST 238TH ST SW T A L B O T R O A D 224TH ST SW 240TH ST SW ALDER ST 7TH AVE N 7TH AVE S PUGET DRIVE OLYMPIC AVE FIR ST 12TH AVE N 95TH PL W 3RDAVEN B O W D O I N W A Y 93RD PL W 232ND ST SW 2NDAVEN 72ND AVE W 71ST AVE 158THPL S W 75THPLW 73R D PLW 161STPL SW 160TH PL SW 66TH PL S W 161ST ST SW 162ND PL SW 162ND ST SW 7 0 T H P L S W 72ND AVE W 163RD PL SW 164TH ST SW 66TH AVE W 163RD PL SW 1 6 2 N D 163RD PL SW 165TH PL SW MAGNOLIA LN CEDAR ST WALNUT ST ALDER ST 75TH AVE W 90TH AVE W 242ND ST SW A AVE S N.205TH ST 92ND AVE W 104TH AVE W 6TH AVE N 234TH ST SW 10TH AVE N CASPERS ST C AVE S M A P LEWOOD DR NW TRACTION R/W CEDAR ST 184TH ST SW SUNSETAVEN 1 06 TH A VE W ELM ST 4THAVEN 210TH ST SW MEADOWDALEROAD 206TH ST SW 231ST ST SW 222ND ST SW 81ST PL W 81ST AVE W 97TH PL W SPRAGUE ST F I R D A L E A V E 165THPLSW 76TH AVE W MEADOWDALERD 67THAVEW 66TH AVE W 65TH AVE W MEADOWDALEBEACHRD 74THPLW BURLINGTONNORTHENRAILROAD B E R T O LARD 171ST STSW 75THPLW 76TH AVE W 1 6 9THPL W 73RDPLW 68TH AVE W OLYMPICVIEWDR M EADOWDALEBEACH RD OLYMPIC VIEW DR 1 7 5 T H P L BRA E MARDR SIERRA DR 80TH AVE W 83RD AVE W 196TH ST SW MAPLE ST 7 2 N D PL W 233rd St SW 9TH AVE S F R E D E R I C K P L 179TH ST SW SIERRA DR ADMIRAL WAY 78TH AVE W 77TH PL W MAPLE LANE 1 5 T H S T S W 86TH AVE W 82ND AVE W 97TH AVE W HOLLY LANE SPRUCE ST 1 0 2 N D P L W 237TH PL SW CHERRY ST 217TH ST SW 199TH ST SW HIG H ST 175TH ST SW JAMESST 95TH AVE W ELMPL 8 3 R D A V E W 174TH ST SW BU RLIN GTO N N O RTH E N RAILR O AD TALBOT RD TALBO T R D 76TH AVE W 69TH AVE W S O UNDVI E W D R SO U N D VI E WLN 180TH ST SW 74T H A V E W 73RD A V E W 1 7 9 T H S T S W HOME V IEW DR R I D G E W AY OLYMPICVIEWDR O L Y M P I C V I E W D R OLYMPIC V I E W D R OLYMPICVI E W DR TALBOTRD VISTADEL MAR DR 91ST PL W 184TH ST SW 76THAVEW O LYMPICVIEWDR EOLYMPICVIEWDR 76TH AVE W 186TH ST SW 188TH ST SW 84TH AVE W 81ST AVE W 85TH PLW 92ND AVE W HIGHST OLYMPIC VIEW DR 94TH AVE W 188TH ST SW SOUNDVIEW PL 86T H AVE W 88TH AVE W 91ST AVE W OLYMPICVIEW DR DRIFTWOODLANE HIN DLEY LANE WILL O W I C K L N 91ST AVE W RAILROADAVE 202ND PL SW 10THPLN MADRONA LANE 5THAVEN 107TH PL W 201ST ST SW 106TH PL W CAROL WAY 172ND ST SW HINDLEY LANE 83RD PL W 101ST AVE W 240TH PL SW 104TH PL W HEMLOCK WAY PIONEERWAY 84TH AVE W HOWELL WAY 169TH PL F I R DALE AVE ROBBERS ROOST /235TH PL SW SUNSETAVES 1 7 0 T H P L S W ELM WAY P A R A DIS E LA N E GLEN ST ANDOVER ST 89TH PL W 10TH AVE S S O U N D V I E W D R 241ST PL SW BURLINGTONNORTHERNRAILROAD 191ST PL SW 88TH AVE W 89TH AVE W 192ND ST SW 84TH AVE W 192ND ST SW DELL W O O D D R 191ST ST SW 76TH AVE W 7 6 T H A V E W 196TH ST SW 80TH AVE W VIEWLAND WAY 8TH AVE N INTERSTATE 5 188TH PL SW 68TH AVE W 88TH PL W HEMLOCK ST 80THPLW 6TH PL S 74TH PL W 85TH AVE W CYRUS PL 231 S T PL S W 238T H P L S W 82ND PL W ALOHA ST WHARFST 2ND AVE S PINEST 8TH PL S 11TH PL N SIERRA PL HOLLY DR 213TH PL SW 94TH PL W 92ND PL W 88TH AVE W 7 5 T H P L W 99THPL W 87TH AVE W 190THPLSW LAUREL ST 14TH ST SW 93RD AVE W 207TH PL SW 205TH PL SW 69TH AVE W 194TH ST SW 13TH WAY 105TH PL W SEA VISTA PL 94THPL PUGETDRI VE PUGET D R I V E 88TH AVE W 198TH ST SW 76TH AVE W 200TH ST SW 202ND ST SW 201ST ST SW 200THSTSW 80TH AVE W 84TH AVE W BLAKE PL OCEANAVE 216TH PL SW 164TH PL SW 214TH PL SW PUGETLANE 78TH PL W 2 2 9TH PL SW BIRCH ST 98TH PL W CORONADO PL 208TH PL SW NOTTINGHAM LANE SHELL VALLEY ROAD 198TH ST SW DRIFTWOODPL MAPLE WAY 187TH PL SW LUND'S GULCH ROAD 215TH ST SW 173RD ST SW EUCLID AVE 191ST PL SW 73RD PL W 79TH PL W 79TH AVE W 85TH PL W 102ND AVE W SEALA W N D R 207TH ST SW 69TH PL W 186TH PL SW 209TH PL SW 243RD PL SW 89TH AVE W SOMERSETLANE 96TH PL W 176TH PL SW 177TH ST SW CAROLWAY VISTA PL OLYMPIC AVE 8TH AVE N BROOKMERE DR BROOKMERE DR CARY ROAD HANNA PARK 2NDAVEN 2NDAVEN 3RDAVEN CAROL WAY 3RDAVEN BELLST MAINST 6TH AVE N DAYTON ST FORSYTH LANE DALEYPL HOMELAND D R 195TH ST SW 84TH PL W MELODY LANE 242ND PL SW MOUNTAIN LANE BROOKMERE DR 87TH PL W 168 T H P L S W SOUNDVIEW PL HILLCREST PL SATER LANE 229TH ST SW PUGET WAY 179TH PL SW CASCADE DR WATER ST 90TH PL W 157TH PL SW 12TH PLN GRANDVIEWST 218TH PL W 201ST PL SW NORTHSTREAMLANE 198THPL S W P A R K R O A D EMERALD HILLS DR 204THPL SW WDAYTONST 3RDAVES 4TH AVES EDMONDS WY/SR 104 6TH AVE S 5TH AVE S 7TH AVE N WALNUT ST 5TH AVE S 7TH AVE S HEMLOCK WAY SEAMONT LN ERBEN DR 3RD AVE S PINE ST ELM WAY B AVE S BELL ST 10TH AVE N 101ST PL W SHELLPL FIR PL 228TH PL SW 7 7 T H AVE W RAILROAD ST 7TH PL S VISTA WAY 157TH ST SW 199TH PL 227TH PL SW 85TH A VE W SKYLINEDR GILTNER LANE POPLARWAY 14TH WAY 8 9 THPL 221ST PL SW 235th ST SW 224TH PL SW BOAT LAUNCH VIEWLAND WAY DURBIN ST 215TH PL SW 182ND PL SW 240TH ST 158TH ST W OO D L A K E DR DRIFTWOODLN 6TH PL 220TH PL SW VIEW PL HIGHLAND DR ALANADALEPL 10TH PL S EXCELSIOR PL ALOHA WAY 10TH PL N DALEY ST 9TH AVE N 12TH PL N 12TH AVE N HI G H L A N D D R SKYLINE DR MAIN ST 85TH PL W 88TH AVE W MAPLEWOOD DR MAIN ST PARK RD M A I N S T SHELLV A L L E Y W Y 8 3 R D A V E W 8 2 N D A V E W 211TH PL 80TH AVE W 82ND AVE W 81ST AVE W 80TH AVE W 80TH AVE W 76TH AVE W 77TH AVE W 208TH ST SW 72ND AVE W HWY99 68TH AVE W 212TH ST SW HWY99 N W T R A C T I O N R /W 216TH ST SW 233RD PL SW SIERRA ST SEALAWNPL SPRUCE PL 76TH PL W BIRCH PL 80TH WY FOREST DELL DR 233RD ST SW SUNS E T WAY CASCADE LANE 209 T H S T S W LINDSAYPL LAUREL WAY 196TH PL SW 15T H W A Y S W 105TH AVE W 203RD PL SW 184TH PL SW 210TH P L S W LAUREL LANE ALOHA PL VIEWMOOR PL 217TH PL SW 206TH PL 205TH ST LIT T L E 180TH PL 8 7 T H P L 76THPLW 70TH P L W 9 1 ST A VE W 219TH ST SW 203RD ST SW 68TH AVE W 70TH AVE W HWY99 220TH ST SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE 74THAVEW 72NDAVEW 229THSTSW 230THSTSW 229THPLSW 75TH AVE W 74TH AVE W 236TH S T S W M C A L E E R W A Y 237TH STSW 7 4 T H A V E W 74THAVEW BEESON PL 240TH PL SW 225TH ST 86TH PL W 187TH ST SW 8 6 T H P L W 80TH PL W 9 0 T H P L W 8TH AVE N 7 4 T H P L W 70TH AVE W 215TH ST SW 78TH AVE W 226TH PL 242ND PL SW 8 T H PLS 73RD AVE W 89TH AVE W 76TH AVE W 80TH LN 238TH ST SW HWY99 76TH AVE W HWY99 81ST PL W HWY99 80TH AVE W 226TH ST SW 225TH PL SW 76TH AVE W 224TH ST SW 223RD ST SW 82ND PL W 218TH ST SW 80TH AVE W 76TH AVE W 239THSTSW 237THPLSW GLEN ST 7 T H P L S EDMONDS ST 101ST AVE W 164T H P L S W 71ST PL W E L M PL 74 T H P L W 204TH ST SW 88TH PL W 181ST PL 70 T H A V E W 231ST ST SW 191ST ST SW 242ND PL 72ND AVE W 95TH AVE W 77TH PL W 203RD ST SW 78TH AVE W 93RD PL W 234TH PL 181ST PL SW 80TH P L 241ST ST SW SUMMIT LN 86TH PL W 87T HPL W 88TH AVE W 88TH PL W 220TH ST SW 84TH AVE W 88TH AVE W 9 0 T H A V E W 85TH AVE 22 4TH ST SW 87TH PL W 87TH AVE W 2 24TH ST SW 86TH AVE W 228TH ST SW 88TH AVE W 90TH AVE W 232 N D S T S W 231ST PL SW E D M O N D S W A Y 84TH AVE W 240TH ST SW 89TH PL W 89TH PL W 90TH AVEW 87TH PLW 2NDAVES 189TH PL 78TH P L W 78TH PL W 1 8 1 S T P L S W 202ND PL SW 73RD AVE W 85TH PL W 81STPLW EDMONDSST 87TH AVE W 182ND ST 77TH AVE W 79TH AVEW 84TH AVE W 236TH ST SW 237TH PL SW 189TH PL SW 219TH ST SW 9 0 T H P L W 78TH PL W 238TH ST SW 80TH PL W 242ND PL SW 12TH PL N 182ND PL S W 244TH ST SW/205TH ST NW 2 4 2 N D PL S W 242N DST 92ND AVE W 242ND ST SW 9 7 T H PLW 92ND AVE W 81ST AVE W 7TH AVE S 90TH AVE W 66TH PL W 84TH AVE W 211TH PL 72ND PL W 8TH AVE S 81ST AVE 226THPLSW 78TH PL W 230TH ST SW 79TH PL W 86TH PL W 221ST PL CASCADE DR 236TH ST SW 234TH ST SW94TH PL W 99TH PL W 235TH PL 236TH PL 97TH PL W 231ST PL SW 94TH AVE W 98TH AVE W 96TH AVE W 95TH PL W 228TH ST SW 227TH PLSW 226TH PL SW 99TH AVE W 99TH PL W 93RD PL W 92ND AVE W 98TH AVE W 220TH ST SW 96TH AVE W 93RD AVE 92ND AVE W 216TH ST SW 77T H PL W 207 TH PL SW BELL ST 193RD PL SW 194TH PL SW 197TH ST 82ND PL W 202 N D P L SW 190TH ST SW 99TH PL W 192NDSTSW 85TH AVE W 241ST PL SW 243RD PL SW 6TH AVE S ALDER ST 238TH ST SW 218TH ST SW 84TH PL W 78TH AVE W 96TH PL W 93RD PL W B U R L I N G T O N N O R T H E R N R A I L R O A D 219TH ST SW 6 8 T H A V E W PINE ST 92ND AVE W 92ND PL W 95TH PL W BOWDOINWAY 96TH AVE W E D M O N DS WAY EL M W A Y 8TH AVE S ED M O N D S W A Y 14TH WAY 14TH WAY 106TH PL W E D M O N D S W AY 100TH AVE W 231ST ST SW J O H N C T 232ND ST SW ROBIN HOOD DR HUMBER LN W ES T G REYSTONE LN 1 7 0 T H P L S W 94THPLW 95TH PL W 97TH PL W 209TH ST SW 68TH AVE W 190TH ST SW 236TH ST SW 77TH PL W 189TH PL SW 240TH PL SW 77TH AVE 223RD ST SW 83RD PL W 213TH ST SW 72ND AVE W 242ND PL SW 80TH AVE W 228TH ST SW 160TH ST SW FRIAR T U C K L N R O B I N H O OD DR 237TH PL SW 101ST PL W 101ST AVE W 100TH AVE W 102NDPL W 100THAVEW 244TH ST SW 1 0 1 ST AVE W 104TH AVE W 244TH ST SW/205TH ST NW EASTGREYS T O N E L N TOTEM POLE LNEAGEL LN / 242ND ST SW BERRY LN/243RD PL TIMBER LN 114TH AVE W IVY RD/240TH ST SW 239TH PL SW WESTWOOD W A Y LN 239TH PL SW 78TH AVE W 71ST AVE W 84TH PL W 85TH PL W 204TH ST SW ALOHA ST 192ND PLS W 78TH PL W BROOKMERE DR 7 5 T H P L W 106TH PL W 78TH AVE W 83RD AVE W 74THAVEW 78TH AVE W 82ND PL W SPRUCE ST 79TH AVE W 92ND AVE W 2ND AVE S 238TH ST SW 236TH PL SW 111TH PL W 110TH PL W 113TH PL W 115TH PL W 112TH PL W 236TH PL SW WOODHAVEN PL 110TH PL SWWOODWAY PARK RD TIMBER LN BURLINGTON NORTHERN RAILROAD 116TH AVE W BURLINGTON NORTHERN RAILROAD WACHUSETT ROAD W A C HU SE TT R O A D W O O D W A Y P A R K R D WOODWAY PARK RD NORT H D E E R D R S O U T H D E E R D R 108TH AVE W DOGWOOD PL S O U T H D O G W O O D L N NORTH DEER DR DOGWOOD LN D O G W O O D L N A L G O NQUIN RD WOODWAYPARKRD KUSHAN RD NORTH DOGWOOD LN N O R TH DOGWOODLN M A K A H R D W H I T C OM PL WOODWAY PAR K RD 3RD AVE S 73RD PL W 191ST ST 181ST PL SW 99TH AVE W 236TH PL SW 185TH PL SW 225T H PLSW ELM WAY 78TH PL W 222ND STSW 194TH ST SW 7 9 T H PL W 85TH PL W 217TH ST SW 180TH ST SW ADMIRAL WAY SEA V I S TA PL ELM ST BELLA COOLA RD CHINOOK PL / 117TH PL W NOOTKA RD MAKAH RD MAKAH RD POINT EDWARDS PL 216TH ST SW 3RD AVE S 4TH AVE S 7TH AVE S 6TH AVE S 6TH AVES 9TH A VE S 8TH AVE S 2ND AVE S 3RD AVE S 4TH AVE S 82ND PL W 230TH ST SW PIONEER WY 235TH S T S W 69TH PL W 107TH PL W 78TH PL W 81ST AVE W 232ND PL SW 77TH PL W 229TH ST SW 82ND AVE W 185TH ST SW 193RD PL SW 88TH AVE W 86TH PL W 240TH ST SW BIRCHST 1 8 3 R D P L S W 97TH A V E W 207TH PL 86TH AVE W 94THAVEW 236TH ST SW 185TH PL SW 80TH PL W QUAIL LN 164TH PL S W 164TH PL SW 64TH AVE W 63RD AVE W 63RD AVE W 66TH AVE W 168TH ST SW 68T H AVE W 225TH PL 156TH ST SW 82ND AVE W 93RD AVE W 87TH AVE W 242ND ST SW 67TH AVE W 77TH PL W 206TH ST SW 230TH ST SW 74TH AVE W 9 1 S T A V E W 2 2 7T H P L S W 90TH PL W 80TH PL W 7 5 T H P L W 244TH ST SW/205TH ST NW 226TH PL SW PINE ST 208TH ST SW 170TH PL SW 171ST PL SW 172ND PL SW172ND PL SW MEADOWDALEDR 173RD ST SW 172ND ST SW M E A D O WDALEDR 165TH PLS W OLYMPICVIEWDR 1 6 9 T H PLW 170THPLW 1 7 5THSTSW 173RD PL SW 88TH AVE W 86TH AVE W 204TH ST SW 86TH PL W 182ND PL 236TH PL 89TH PL W 76TH PL W EDMONDS ST 1 9 8 T HSTSW V ISTA WAY 186TH ST SW 217TH ST SW 95TH PL W 233RD PL 101ST PL W 87TH AVE W 173RD ST SW 70TH AVE W 71ST AVE W 185TH ST SW 185TH PL SW 187TH PL SW 186TH 188TH ST SW 79TH P L W 226TH ST SW 79TH AVE W 240TH PL 202ND ST SW 83RD PL 74THPLW 72ND AVE W 14TH WAY 215TH ST S W 175T H S T SW 77TH AVE 182ND PL SW 98TH PL W 86TH AVE W 106TH PL W 241ST ST 214TH PL SW 90TH AVE W 80THAVEW 82ND AVE W 2 2 1 S T S T S W 174THSTSW 215TH ST SW 83RD PL 225TH PL SW 69TH PL W 68TH PL W 70TH AVE W 75TH AVE W 1 9 1 STSTSW 74TH AVE W 192ND PL SW 192ND PL SW 69TH PL W 70TH AVE W 71ST PL W 72ND PL W 73RD AVE W 107TH PL W 78TH PL W 82ND PL W 2 28TH ST SW 71ST PL W 168THST SW 173RD ST SW 174TH ST SW 176TH ST SW 66TH PL W 175TH PL 232ND ST SW 8 2 ND PL W 214TH PL SW 222ND ST SW 176TH ST SW 242NDPLSW 243RD PL SW 235TH PL OLYMPIC VIEW DR 74TH AVE W 204 TH PL S W 70TH PL W SPRAGUE ST 83RD AVE W 229TH PL SW 80TH PL W FIR PL M A P L E W O O D L N 172N D PLSW 13TH WAY 64TH AVE W 65TH PL W 65TH AVE W 66TH PL W 67TH PL W 64TH AVE W 65TH AVE W 62ND PL W 177TH PL SW 178T H P L S W178TH PL SW 180TH ST SW 225TH PL SW 83RD AVE W 83RD AVE W 192ND PL SW OLYMPICVIEWDR 89TH AVE W 79TH AVE W 178TH PL SW PUGET WAY 81ST PL W 172ND ST SW 215TH ST SW 105TH PL W 91ST AVE W 85TH PL W 89TH PL 77TH AVE W VISTA PL 7TH PLS 86TH PL W 188TH ST SW 185TH PL SW PENNY LN 64TH AVE W 66TH AVE W 67TH AVE W 189TH PL SW 190TH ST SW 191ST PL SW 171ST ST SW 184TH ST SW 95TH PL W 86TH PL W 194TH PL 85TH PL W 185TH ST SW 218TH ST SW 198TH PL SW 82ND AVE W 229TH PL 224TH ST SW 240TH PL SW 81ST PL W 227TH S T S W 81ST PL W 4TH AVE S 180TH ST SW 90TH A VE W 81ST AVE W VIEWLAND WAY 94TH AVE W 187TH PL SW 8TH AVE N 228TH ST SW 65TH PL W 64TH AVE W 62ND PL W 1 8 6 T H ST SW 6 6 T H P L 185TH ST SW185TH ST SW 183RD PL SW 182ND ST SW 181ST PL SW 183RD PL SW 182ND PL SW 183RD ST SW 182ND ST SW 63RD CT 62ND PL W 67TH AVE W 181ST ST SW181ST ST SW 63RD PL 67THAVE FIRE RD 69 T H P L W 71ST AVE W 192ND ST SW 191ST PL SW 191ST ST SW 72ND AVE W 92ND AVE W 86TH AVE W 86TH PL W 215TH PL SW 97TH AVE W 200TH ST SW 78TH AVE W 226TH PL SW 8TH AVE N PUGET DR 205TH PL SW 82ND AVE W 164TH ST SW 226TH ST SW 77TH PL W 202ND ST SW 96TH AVE W 239T H PL S W 160TH ST SW 82ND AVE W 229TH ST SW 68TH AVE W 68TH AVE WBLUE RIDGE DR 193RD PL SW 194TH PL SW 194TH PL SW 1 9 3 R D PL SW 7 3 R D P L 194TH ST SW 72ND PL 190TH ST SW 191ST ST SW 192ND PL SW 66TH PL W 1 0 2 N D P L W 77TH AVE W 216TH ST SW 84TH AVE W 72ND AVE W EDMONDS WAY/SR 104 12TH AVEN 182ND ST SW 187TH PL SW 72ND AVE W 1 0 1 S T A V E W 81ST AVE W 194TH ST SW 86TH AVE W 187TH ST SW 86TH PL W 81ST AVE W 221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W 83RD AVE W 74THPL 63RD PL W P ARK WY DALEWY 189TH PL SW 189TH PL SW 67TH AVE W 193RD ST SW 193RD ST SW 194TH ST SW 195TH PL SW 196TH ST SW 66TH AVE W 196TH ST SW 197TH ST SW H EIN Z P L 69TH PL W 71ST PL W 7 3 R D A V E W 189TH ST SW 68TH AVE W 75TH AVE 201ST PL 74TH PL W 75TH PL W 73RD AVE W 204TH ST SW 203RD PL SW GLEN ST HWY99 204TH ST SW 63RD PL W 63RD AVE W 60TH AVE W 208TH ST SW 210TH ST SW 212TH ST SW 66TH AVE W 67TH AVE W N W T R A C T I O N R /W 214TH ST SW 213TH PL SW 215TH ST SW 67TH AVE W 66TH AVE W 61ST PL W 216TH ST SW 218TH ST SW 219TH ST SW 66TH AVE W 64TH AVE W 220TH ST SW 68TH PL W 68TH AVE W 222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL221STPLSW 223RD PL 223RDPLSW 67TH PL W 68TH AVE W 66TH AVE W 65TH AVE W 64TH AVE W 67TH PL W 66T H P L W 226TH ST SW 225TH PL 225TH PL S W 225TH PL SW 226TH ST SW 227TH PL SW 67TH PL W 63RD PL W 62ND AVE W 62ND AVE W 227TH STSW 68TH AVE W 67TH PL W 66TH PL 65TH PL 64TH PL W 228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230THSTSW 231STSTSW 6 3 R D A V E W 6 3 R D P L 66TH AVE W 67TH PL W 66TH AVE W 67TH PL W 232ND ST SW 232ND PL SW 233 PL 2 3 4 T H P L 23 3 RD S T S W 234THSTSW 234THST 64TH AVE W 63RDAV E W 6 3 R D A V E W 66THAVEW 234TH PL 2 3 4 T H P L 235TH PL 65THPLW67THAVEW 234TH ST S W235THSTSW 231ST ST SW 92ND AVE W 91ST AVE W N W T R A C TIO N R/W 78TH PL W 236TH ST SW 8TH AVE N A L BI O N W A Y 85th Ave W 4TH AVE S 5TH AVE S 6TH AVE S A AVE S 7TH AVE S B AVE S C A V E S E D M O NDSWAY 178TH PL SW 6 9 THPLW 96T H P L W BURLINGTON N O RT H E R N R AIL R O A D PRD-1969-1 PRD-1984-1 PRD-1975-1 PRD-1981-2 PRD-1976-1 PRD-1983-1 PRD-1979-4 PRD-2002-40 PRD-2000-21 PRD-1969-1 PRD-2002-171 PRD-1987-1 PRD-1969-2 PRD-1989-1 PRD-1986-1 PRD-1981-1 PRD-1990-2 PRD-1978-1 PRD-1975-1 PRD-1988-2 PRD-1977-2 PRD-1977-1 PRD-1994-16 PRD-1990-1 PRD-1979-3 PRD-1994-12 PRD-2002-62 PRD-1980-2 PRD 2002-102 PRD-1988-1 PRD-2003-147 RS-6 RS-6 P P P RS-12 RS-10 RS-10 RS-10 RS-10 P P P P P RS-8 RS-8 P P P RSW-12 RS-12 OS RS-12RS-20 RS-20 MU RS-8 RS-6 RS-20 MP1 RS-20 MP2 OS RS-8 CW P CG CG RS-12 P RSW-12 RS-10 CW RS-8 RM-1.5 RS-20 RS-8 RS-8 RS-8 RS-8 RS-8 RS-12 RS-12 RS-12 RSW-12 RS-6 RS-10 RS-12 RS-6 CW BC RS-20 RM-2.4 RS-6 RS-8 OS CG RS-8 RS-12 RS-8 RS-10 RS-8 RS-12 RS-8 RS-8 RS-8 RS-8 RS-12 RS-8 RS-8 RS-8 RS-8 RS-12 RS-6 RS-12 RS-8 RS-8 RS-8 RS-8 RS-8 RS-8 RS-8 RS-12 RS-12 RS-6 RS-8 RS-MP CW RS-8 RM-2.4 RS-8 RS-6 RS-8 RS-10 RS-8 RS-8 RS-8 CG RM-1.5 RM-1.5 RS-12 RS-12 RS-8 RM-1.5 RS-8 CG RS-20 FVMU RS-8 RM-2.4 RS-8 BC RM-1.5 BP RS-6 RM-1.5 OS RS-12 RS-12 RS-20 OS RM-2.4 RS-8 RS-8 RS-8 RS-10 RS-6 RM-2.4 BP RS-8 RS-10 RM-3 RS-12 RS-12 BN BD3 BC RS-12 RS-12 RS-12 RM-2.4 BD1 BN RS-12 RS-6 RM-2.4 RM-2.4 BN BN BN BN RM-1.5 BN RS-6 RM-2.4 RM-1.5 RM-1.5 BD5 RM-2.4 RS-6 BD4 RM-3 RM-2.4 RM-3 RM-1.5 RS-6 RS-6RS-6 RS-6 RM-1.5 RM-1.5 RS-12 RM-3 OS BD2 BD2 BD2BD2 RM-EW BC-EW OR RM-3 CG CG CG WMU WMU RS-8 CG CG BP B C -E W R M - E W R-1979-4 R-1979-12 R-1985-3 R-1995-177 R-1998-207 R-1990-1 R-1997-28 R-2001-34 R-2002-101 R-3-81 R-2002-38 R-1988-3 R-1988-2 Lake Ballinger MAPLE ST ALDER ST BC-EW BC BN RM-1.5 RM-2.4 H a l l s C r e e k Shell Creek W i l l o w C r e e k Deer Creek Perrinville Creek Fruitd ale C re e k Lund's G ulch Creek S h e l l a b a r g e r C r e e k H i n d l e y C r e e k Edmonds Marsh Stilth o use Cre ek Terrace Creek Edmonds Marsh H i n d l e y C r e e k H a l l s C r e e k P e r r i n v i l l e C r e e k Perrinville Creek Pe rrinville Creek Edmonds Marsh Puget Sound ² This map is a representation of the official zoning mapof the City of Edmonds. Please check with theCity of Edmonds Planning Division before relyingon the zoning information described on this map. 600 0 600 1,200300 Feet Zoning Designations and Descriptions Map revision date: September 15, 2024Zoning2024_36x56.mxd City of EdmondsZoning [e Historic Sites Sites on Edmonds Register of Historic Places ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!! Rezones Contract Rezones (contractual requirements apply) PRD PRD - Planned Residential Development Single Family RS-6 Single Family, 6,000 sq. ft. lots RS-8 Single Family, 8,000 sq. ft. lots RS-10 Single Family, 10,000 sq. ft. lots RS-12 Single Family, 12,000 sq. ft. lots RSW-12 Waterfront Single Family, 12,000 sq. ft. lots RS-20 Single Family, 20,000 sq. ft. lots RS-MP Single Family, Master Plan Multi Family RM-3 Multi Family, 3,000 sq. ft. of lot area per unit RM-2.4 Multi Family, 2,400 sq. ft. of lot area per unit RM-1.5 Multi Family, 1,500 sq. ft. of lot area per unit RM-EW Multi Family, RM-Edmonds Way Downtown Business ((((((((((((((((((BD1 Downtown Retail Core ((((((((((((((((((((((((BD2 Downtown Mixed Commercial ((((((((((((((((((BD3 Downtown Convenience Commercial ((((((((((((((((((((((((BD4 Downtown Mixed Residential ((((((((((((((((((BD5 Downtown Arts Corridor ((((((((((((((((((((((((OR Office-Residential Commercial WMU Westgate Mixed Use BP Planned Business BN Neighborhood Business FVMU Firdale Village Mixed Use BC Community Business BC-EW Community Business, BC-Edmonds Way CG General Commercial Waterfront CW Commercial Waterfront MP1 Master Plan Hillside Mixed Use MP2 Master Plan Hillside Mixed Use Other MU Medical Use P Public Use OS Open Space 2.3.c Packet Pg. 320 At t a c h m e n t : A t t a c h m e n t 3 : Z o n i n g M a p - E x i s t i n g ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) ! ! ! ! ! ! ! ! ! ! ! ! !!!!! ! ! ! ! ! ! ! ! ! ! !!!!! !!!! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! !!!! ! ! ! ! !!!! ! ! ! !!! ! ! !! ! !! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!! ! ! !! !!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! !! ! !! ! !! ! ! ! ! ! ! ! ! ! ! ! ! !!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! !!! ! !! ! ! !! ! ! ! ! ! ! ! !!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! !!! ! !!! ! ! ! ! ! ! ! !!! ! ! [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e [e HuttPark Brackett's LandingNorth Seaview Park Olympic Beach HummingbirdPark Meadowdale Beach County Park MeadowdalePlayFields Southwest County Park Maplewood HillPark PineRidgePark Sierra Park Yost Park Pine St.Park Lynndale Park / Skatepark Lake Ballinger Park Brackett'sLandingSouth Marina Beach CivicPlayfields ArtsCenter City Park EdmondsMarsh EdmondsElementary EdmondsCommunityCollege HickmanPark WestgateElementary Edmonds MemorialCemetery SeaviewElementary SherwoodElementary Edmonds WoodwayHigh School Old Edmonds WoodwayHigh School Madrona K-8 School FormerWoodwayElementary College PlaceElementary College PlaceMiddle School MaplewoodK-8 Co-op School Chase LakeElementary Holy RosaryPrivate School 76TH AVE W 220TH ST SW MAIN ST EDMONDS WAY 212TH ST SW PINE ST 100TH AVE W 9TH AVE N 80TH AVE W 8TH AVE S 96TH AVE W DAYTON ST 98TH AVE W9TH AVE S 244TH ST SW/LAKE BALLINGER WAY DALEY ST MAPLE ST WALNUT ST 238TH ST SW T A L B O T R O A D 224TH ST SW 240TH ST SW ALDER ST 7TH AVE N 7TH AVE S PUGET DRIVE OLYMPIC AVE FIR ST 12TH AVE N 95TH PL W 3RDAVEN B O W D O I N W A Y 93RD PL W 232ND ST SW 2NDAVEN 72ND AVE W 71ST AVE 158THPL S W 75TH PLW 73R D PLW 161STPL S W 160TH PL SW 66TH PL S W 161ST ST SW 162ND PL SW 162ND ST SW 7 0 T H P L S W 72ND AVE W 163RD PL SW 164TH ST SW 66TH AVE W 163RD PL SW 1 6 2 N D 163RD PL SW 165TH PL SW MAGNOLIA LN CEDAR ST WALNUT ST ALDER ST 75TH AVE W 90TH AVE W 242ND ST SW A AVE S N.205TH ST 92ND AVE W 104TH AVE W 6TH AVE N 234TH ST SW 10TH AVE N CASPERS ST C AVE S M A P LEWOOD DR NW TRACTION R/W CEDAR ST 184TH ST SW SUNSETAVEN 106TH AV E W ELM ST 4THAVEN 210TH ST SW MEADOWDALEROAD 206TH ST SW 231ST ST SW 222ND ST SW 81ST PL W 81ST AVE W 97TH PL W SPRAGUE ST F I R D A L E A V E 165THPLSW 76TH AVE W MEADOWDALERD 67THAVEW 66TH AVE W 65TH AVE W MEADOWDALEBEACHRD 74THPLW BURLINGTONNORTHENRAILROAD B E R T O LARD 171ST ST SW 75THPLW 76TH AVE W 1 69THPL W 73RDPLW 68TH AVE W OLYMPICVIEWDR M EADOWDALEBEACH RD OLYMPIC VIEW DR 17 5 TH P L BRA E MARDR SIERRA DR 80TH AVE W 83RD AVE W 196TH ST SW MAPLE ST 72 N D P L W 233rd St SW 9TH AVE S F R E D E R I C K P L 179TH ST SW SIERRA DR ADMIRAL WAY 78TH AVE W 77TH PL W MAPLE LANE 1 5 T H S T S W 86TH AVE W 82ND AVE W 97TH AVE W HOLLY LANE SPRUCE ST 1 0 2 N D P L W 237TH PL SW CHERRY ST 217TH ST SW 199TH ST SW HIG H ST 175TH ST SW JAMESST 95TH AVE W ELMPL 8 3 R D A V E W 174TH ST SW BU RLIN GT O N N O RTH EN R AILR O A D TALBOT RD TALBO T R D 76TH AVE W 69TH AVE W S O UNDVI E W D R SO U N D VI E WLN 180TH ST SW 74T H A V E W 73RD A V E W 1 7 9 T H S T S W HOME V IEW DR R I D G E W AY OLYMPICVIEWDR O L Y M P I C V I E W D R OLYMPIC V I E W D R OLYMPICVI E W DR TALBOTRD VISTA DEL MAR DR 91ST PL W 184TH ST SW 76THAVEW O LYMPICVIEWDR EOLYMPICVIEWDR 76TH AVE W 186TH ST SW 188TH ST SW 84TH AVE W 81ST AVE W 85TH PLW 92ND AVE W HIGHST OLYMPIC VIEW DR 94TH AVE W 188TH ST SW SOUNDVIEWPL 86T H AVE W 88TH AVE W 91ST AVE W OLYMPICVIEW DR DRIFTWOODLANE HIN DLEY LANE WILL O W I C K L N 91ST AVE W RAILROADAVE 202ND PL SW 10THPLN MADRONA LANE 5THAVEN 107TH PL W 201ST ST SW 106TH PL W CAROL WAY 172ND ST SW HINDLEY LANE 83RD PL W 101ST AVE W 240TH PL SW 104TH PL W HEMLOCK WAY PIONEERWAY 84TH AVE W HOWELL WAY 169TH PL F I R D ALE AVE ROBBERS ROOST /235TH PL SW SUNSETAVES 1 7 0 T H P L S W ELM WAY P A R A DIS E LA NE GLEN ST ANDOVER ST 89TH PL W 10TH AVE S S O U N D V I E W D R 241ST PL SW BURLINGTONNORTHERNRAILROAD 191ST PL SW 88TH AVE W 89TH AVE W 192ND ST SW 84TH AVE W 192ND ST SW DELL W O O D D R 191ST ST SW 76TH AVE W 7 6 T H A V E W 196TH ST SW 80TH AVE W VIEWLAND WAY 8TH AVE N INTERSTATE 5 188TH PL SW 68TH AVE W 88TH PL W HEMLOCK ST 80THPLW 6TH PL S 74TH PL W 85TH AVE W CYRUS PL 231 S T PL S W 238T H P L S W 82ND PL W ALOHA ST WHARFST 2ND AVE S PINEST 8TH PL S 11TH PL N SIERRA PL HOLLY DR 213TH PL SW 94TH PL W 92ND PL W 88TH AVE W 7 5 T H P L W 99THPL W 87TH AVE W 190THPLSW LAUREL ST 14TH ST SW 93RD AVE W 207TH PL SW 205TH PL SW 69TH AVE W 194TH ST SW 13TH WAY 105TH PL W SEA VISTA PL 94THPL PUGETDRI VE PUGET D R I V E 88TH AVE W 198TH ST SW 76TH AVE W 200TH ST SW 202ND ST SW 201ST ST SW 200THSTSW 80TH AVE W 84TH AVE W BLAKE PL OCEANAVE 216TH PL SW 164TH PL SW 214TH PL SW PUGETLANE 78TH PL W 2 2 9TH PL SW BIRCH ST 98TH PL W CORONADO PL 208TH PL SW NOTTINGHAM LANE SHELL VALLEY ROAD 198TH ST SW DRIFTWOODPL MAPLE WAY 187TH PL SW LUND'S GULCH ROAD 215TH ST SW 173RD ST SW EUCLID AVE 191ST PL SW 73RD PL W 79TH PL W 79TH AVE W 85TH PL W 102ND AVE W SEALA W N D R 207TH ST SW 69TH PL W 186TH PL SW 209TH PL SW 243RD PL SW 89TH AVE W SOMERSETLANE 96TH PL W 176TH PL SW 177TH ST SW CAROLWAY VISTA PL OLYMPIC AVE 8TH AVE N BROOKMERE DR BROOKMERE DR CARY ROAD HANNA PARK 2NDAVEN 2NDAVEN 3RDAVEN CAROL WAY 3RDAVEN BELLST MAINST 6TH AVE N DAYTON ST FORSYTH LANE DALEYPL HOMELAND D R 195TH ST SW 84TH PL W MELODY LANE 242ND PL SW MOUNTAIN LANE BROOKMERE DR 87TH PL W 168T H P L S W SOUNDVIEW PL HILLCREST PL SATER LANE 229TH ST SW PUGET WAY 179TH PL SW CASCADE DR WATER ST 90TH PL W 157TH PL SW 12TH PLN GRANDVIEWST 218TH PL W 201ST PL SW NORTHSTREAMLANE 198THPL S W P A R K R O A D EMERALD HILLS DR 204THPL SW WDAYTONST 3RDAVES 4TH AVES EDMONDS WY/SR 104 6TH AVE S 5TH AVE S 7TH AVE N WALNUT ST 5TH AVE S 7TH AVE S HEMLOCK WAY SEAMONT LN ERBEN DR 3RD AVE S PINE ST ELM WAY B AVE S BELL ST 10TH AVE N 101ST PL W SHELLPL FIR PL 228TH PL SW 7 7 T H AVE W RAILROAD ST 7TH PL S VISTA WAY 157TH ST SW 199T H PL 227TH PL SW 85TH A VE W SKYLINEDR GILTNER LANE POPLARWAY 14TH WAY 8 9 THP L 221ST PL SW 235th ST SW 224TH PL SW BOAT LAUNCH VIEWLAND WAY DURBIN ST 215TH PL SW 182ND PL SW 240TH ST 158TH ST W OO D L A K E DR DRIFTWOODLN 6TH PL 220TH PL SW VIEW PL HIGHLAND DR ALANADALEPL 10TH PL S EXCELSIOR PL ALOHA WAY 10TH PL N DALEY ST 9TH AVE N 12TH PL N 12TH AVE N HI G H L A N D D R SKYLINE DR MAIN ST 85TH PL W 88TH AVE W MAPLEWOOD DR MAIN ST PARK RD M A I N S T SHELLV A L L E Y W Y 8 3 R D A V E W 8 2 N D A V E W 211TH PL 80TH AVE W 82ND AVE W 81ST AVE W 80TH AVE W 80TH AVE W 76TH AVE W 77TH AVE W 208TH ST SW 72ND AVE W HWY99 68TH AVE W 212TH ST SW HWY99 N W T R A C T I O N R /W 216TH ST SW 233RD PL SW SIERRA ST SEALAWNPL SPRUCE PL 76TH PL W BIRCH PL 80TH WY FOREST DELL DR 233RD ST SW SUNS E T WAY CASCADE LANE 209 T H S T S W LINDSAYPL LAUREL WAY 196TH PL SW 15T H W A Y S W 105TH AVE W 203RD PL SW 184TH PL SW 210TH P L S W LAUREL LANE ALOHA PL VIEWMOOR PL 217TH PL SW 206TH PL 205TH ST LIT T L E 180TH PL 8 7 T H P L 76THPLW 70TH P L W 9 1ST A V E W 219TH ST SW 203RD ST SW 68TH AVE W 70TH AVE W HWY99 220TH ST SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE 74THAVEW 72NDAVEW 229THSTSW 230THSTSW 229THPLSW 75TH AVE W 74TH AVE W 236TH S T S W M C A L E E R W A Y 237TH STSW 7 4 T H A V E W 74THAVEW BEESON PL 240TH PL SW 225TH ST 86TH PL W 187TH ST SW 8 6 T H P L W 80TH PL W 9 0 T H P L W 8TH AVE N 7 4 T H P L W 70TH AVE W 215TH ST SW 78TH AVE W 226TH PL 242ND PL SW 8 TH PLS 73RD AVE W 89TH AVE W 76TH AVE W 80TH LN 238TH ST SW HWY99 76TH AVE W HWY99 81ST PL W HWY99 80TH AVE W 226TH ST SW 225TH PL SW 76TH AVE W 224TH ST SW 223RD ST SW 82ND PL W 218TH ST SW 80TH AVE W 76TH AVE W 239THSTSW 237THPLSW GLEN ST 7 T H P L S EDMONDS ST 101ST AVE W 164T H P L S W 71ST PL W E L M PL 74 T H P L W 204TH ST SW 88TH PL W 181ST PL 70 T H A V E W 231ST ST SW 191ST ST SW 242ND PL 72ND AVE W 95TH AVE W 77TH PL W 203RD ST SW 78TH AVE W 93RD PL W 234TH PL 181ST PL SW 80TH P L 241ST ST SW SUMMIT LN 86TH PL W 8 7T HPL W 88TH AVE W 88TH PL W 220TH ST SW 84TH AVE W 88TH AVE W 9 0 T H A V E W 85TH AVE 224TH ST SW 87TH PL W 87TH AVE W 224TH ST SW 86TH AVE W 228TH ST SW 88TH AVE W 90TH AVE W 23 2 N D S T S W 231ST PL SW E D M O N D S W A Y 84TH AVE W 240TH ST SW 89TH PL W 89TH PL W 90TH AVEW 87TH PLW 2NDAVES 189TH PL 78TH P L W 78TH PL W 1 8 1 S T P L S W 202ND PL SW 73RD AVE W 85TH PL W 81STPLW EDMONDSST 87TH AVE W 182ND ST 77TH AVE W 79TH AVEW 84TH AVE W 236TH ST SW 237TH PL SW 189TH PL SW 219TH ST SW 9 0 T H P L W 78TH PL W 238TH ST SW 80TH PL W 242ND PL SW 12TH PL N 182ND PL S W 244TH ST SW/205TH ST NW 2 4 2 N D PL S W 242N D ST 92ND AVE W 242ND ST SW 9 7 T H PLW 92ND AVE W 81ST AVE W 7TH AVE S 90TH AVE W 66TH PL W 84TH AVE W 211TH PL 72ND PL W 8TH AVE S 81ST AVE 226THPLSW 78TH PL W 230TH ST SW 79TH PL W 86TH PL W 221ST PL CASCADE DR 236TH ST SW 234TH ST SW94TH PL W 99TH PL W 235TH PL 236TH PL 97TH PL W 231ST PL SW 94TH AVE W 98TH AVE W 96TH AVE W 95TH PL W 228TH ST SW 227TH PLSW 226TH PL SW 99TH AVE W 99TH PL W 93RD PL W 92ND AVE W 98TH AVE W 220TH ST SW 96TH AVE W 93RD AVE 92ND AVE W 216TH ST SW 77T H PL W 207 TH PL SW BELL ST 193RD PL SW 194TH PL SW 197TH ST 82ND PL W 202 N D P L SW 190TH ST SW 99TH PL W 192NDSTSW 85TH AVE W 241ST PL SW 243RD PL SW 6TH AVE S ALDER ST 238TH ST SW 218TH ST SW 84TH PL W 78TH AVE W 96TH PL W 93RD PL W B U R L I N G T O N N O R T H E R N R A I L R O A D 219TH ST SW 6 8 T H A V E W PINE ST 92ND AVE W 92ND PL W 95TH PL W BOWDOINWAY 96TH AVE W E D M O N DS WAY ELM W A Y 8TH AVE S ED M O N D S W A Y 14TH WAY 14TH WAY 106TH PL W E D M O N D S W AY 100TH AVE W 231ST ST SW J O H N C T 232ND ST SW ROBIN HOOD DR HUMBER LN W E S T G REYSTONE LN 1 7 0 T H P L S W 94THPLW 95TH PL W 97TH PL W 209TH ST SW 68TH AVE W 190TH ST SW 236TH ST SW 77TH PL W 189TH PL SW 240TH PL SW 77TH AVE 223RD ST SW 83RD PL W 213TH ST SW 72ND AVE W 242ND PL SW 80TH AVE W 228TH ST SW 160TH ST SW FRIAR T U C K L N R O B I N H O OD DR 237TH PL SW 101ST PL W 101ST AVE W 100TH AVE W 102NDPL W 100THAVEW 244TH ST SW 1 0 1 ST AVE W 104TH AVE W 244TH ST SW/205TH ST NW EASTGREYST O N E L N TOTEM POLE LNEAGEL LN / 242ND ST SW BERRY LN/243RD PL TIMBER LN 114TH AVE W IVY RD/240TH ST SW 239TH PL SW WESTWOOD W A Y LN 239TH PL SW 78TH AVE W 71ST AVE W 84TH PL W 85TH PL W 204TH ST SW ALOHA ST 192ND PLS W 78TH PL W BROOKMERE DR 7 5 T H P L W 106TH PL W 78TH AVE W 83RD AVE W 74THAVEW 78TH AVE W 82ND PL W SPRUCE ST 79TH AVE W 92ND AVE W 2ND AVE S 238TH ST SW 236TH PL SW 111TH PL W 110TH PL W 113TH PL W 115TH PL W 112TH PL W 236TH PL SW WOODHAVEN PL 110TH PL SWWOODWAY PARK RD TIMBER LN BURLINGTON NORTHERN RAILROAD 116TH AVE W BURLINGTON NORTHERN RAILROAD WACHUSETT ROAD W A C H U S E TT R O A D W O O D W A Y P A R K R D WOODWAY PARK RD NORT H D E E R D R S O U T H D E E R D R 108TH AVE W DOGWOOD PL S O U T H D O G W O O D L N NORTH DEER DR DOGWOOD LN D O G W O O D L N A L G O NQUIN RD WOODWAYPARKRD KUSHAN RD NORTH DOGWOOD LN N O RTH DOGWOODLN M A K A H R D W H I T C OM PL WOODWAY PARK RD 3RD AVE S 73RD PL W 191ST ST 181ST PL SW 99TH AVE W 236TH PL SW 185TH PL SW 225T H PLSW ELM WAY 7 8TH PL W 222ND STSW 194TH ST SW 7 9 T H PL W 85TH PL W 217TH ST SW 180TH ST SW ADMIRAL WAY SEA V I S TA PL ELM ST BELLA COOLA RD CHINOOK PL / 117TH PL W NOOTKA RD MAKAH RD MAKAH RD POINT EDWARDS PL 216TH ST SW 3RD AVE S 4TH AVE S 7TH AVE S 6TH AVE S 6TH AVES 9TH AV E S 8TH AVE S 2ND AVE S 3RD AVE S 4TH AVE S 82ND PL W 230TH ST SW PIONEER WY 235TH S T S W 69TH PL W 107TH PL W 78TH PL W 81ST AVE W 232ND PL SW 77TH PL W 229TH ST SW 82ND AVE W 185TH ST SW 193RD PL SW 88TH AVE W 86TH PL W 240TH ST SW BIRCHST 1 8 3 R D P L S W 97TH A V E W 207TH PL 86TH AVE W 94THAVEW 236TH ST SW 185TH PL SW 80TH PL W QUAIL LN 164TH PL S W 164TH PL SW 64TH AVE W 63RD AVE W 62ND AVE W 63RD AVE W 66TH AVE W 168TH ST SW 68T H AVE W 225TH PL 156TH ST SW 82ND AVE W 93RD AVE W 87TH AVE W 242ND ST SW 67TH AVE W 77TH PL W 206TH ST SW 230TH ST SW 74TH AVE W 9 1 S T A V E W 2 2 7T H P L S W 90TH PL W 80TH PL W 7 5 T H P L W 244TH ST SW/205TH ST NW 226TH PL SW PINE ST 208TH ST SW 170TH PL SW 171ST PL SW 172ND PL SW172ND PL SW MEADOWDALEDR 173RD ST SW 172ND ST SW M E A D O WDALEDR 165TH PLS W 62ND AVE W OLYMPICVIEWDR 1 6 9 T H PLW 170THPLW 1 7 5THSTSW 173RD PL SW 88TH AVE W 86TH AVE W 204TH ST SW 86TH PL W 182ND PL 236TH PL 89TH PL W 76TH PL W EDMONDS ST 1 9 8 T HSTSW V ISTA WAY 186TH ST SW 217TH ST SW 95TH PL W 233RD PL 101ST PL W 87TH AVE W 173RD ST SW 70TH AVE W 71ST AVE W 185TH ST SW 185TH PL SW 187TH PL SW 186TH 188TH ST SW 79TH P L W 226TH ST SW 79TH AVE W 240TH PL 202ND ST SW 83RD PL 74THPLW 72ND AVE W 14TH WAY 215TH ST S W 175T H S T SW 77TH AVE 182ND PL SW 98TH PL W 86TH AVE W 106TH PL W 241ST ST 214TH PL SW 90TH AVE W 80THAVEW 82ND AVE W 2 2 1 S T S T S W 174THSTSW 215TH ST SW 83RD PL 225TH PL SW 69TH PL W 68TH PL W 70TH AVE W 75TH AVE W 1 9 1 STSTSW 74TH AVE W 192ND PL SW 192ND PL SW 69TH PL W 70TH AVE W 71ST PL W 72ND PL W 73RD AVE W 107TH PL W 78TH PL W 82ND PL W 228TH ST SW 71ST PL W 168THST SW 173RD ST SW 174TH ST SW 176TH ST SW 66TH PL W 175TH PL 232ND ST SW 8 2 ND PL W 214TH PL SW 222ND ST SW 176TH ST SW 242NDPLSW 243RD PL SW 235TH PL OLYMPIC VIEW DR 74TH AVE W 204 TH PL S W 70TH PL W SPRAGUE ST 83RD AVE W 229TH PL SW 80TH PL W FIR PL M A P L E W O O D L N 172N D PLSW 13TH WAY 64 TH AVE W 65TH PL W 65TH AVE W 66TH PL W 67TH PL W 64TH AVE W 65TH AVE W 62ND PL W 177TH PL SW 178T H P L S W178TH PL SW 180TH ST SW 225TH PL SW 83RD AVE W 83RD AVE W 192ND PL SW OLYMPICVIEWDR 89TH AVE W 79TH AVE W 178TH PL SW PUGET WAY 81ST PL W 172ND ST SW 215TH ST SW 105TH PL W 91ST AVE W 85TH PL W 89TH PL 77TH AVE W VISTA PL 7TH PLS 86TH PL W 188TH ST SW 185TH PL SW PENNY LN 64TH AVE W 66TH AVE W 67TH AVE W 189TH PL SW 190TH ST SW 191ST PL SW 171ST ST SW 184TH ST SW 95TH PL W 86TH PL W 194TH PL 85TH PL W 185TH ST SW 218TH ST SW 198TH PL SW 82ND AVE W 229TH PL 224TH ST SW 240TH PL SW 81ST PL W 227TH S T S W 81ST PL W 4TH AVE S 180TH ST SW 90TH AVE W 81ST AVE W VIEWLAND WAY 94TH AVE W 187TH PL SW 8TH AVE N 228TH ST SW 65TH PL W 64TH AVE W 62ND PL W 1 8 6 T H ST SW 6 6 T H P L 185TH ST SW185TH ST SW 183RD PL SW 182ND ST SW 181ST PL SW 183RD PL SW 182ND PL SW 183RD ST SW 182ND ST SW 63RD CT 62ND PL W 67TH AVE W 181ST ST SW181ST ST SW 63RD PL 67THAVE FIRE RD 69 T H P L W 71ST AVE W 192ND ST SW 191ST PL SW 191ST ST SW 72ND AVE W 92ND AVE W 86TH AVE W 86T H PL W 215TH PL SW 97TH AVE W 200TH ST SW 78TH AVE W 226TH PL SW 8TH AVE N PUGET DR 205TH PL SW 82ND AVE W 164TH ST SW 226TH ST SW 77TH PL W 202ND ST SW 96TH AVE W 239T H PL S W 160TH ST SW 82ND AVE W 229TH ST SW 68TH AVE W 68TH AVE WBLUE RIDGE DR 193RD PL SW 194TH PL SW 194TH PL SW 1 9 3 R D PL SW 7 3 R D P L 194TH ST SW 72ND PL 190TH ST SW 191ST ST SW 192ND PL SW 66TH PL W 1 0 2 N D P L W 77TH AVE W 216TH ST SW 84TH AVE W 72ND AVE W EDMONDS WAY/SR 104 12TH AVEN 182ND ST SW 187TH PL SW 72ND AVE W 1 0 1 S T A V E W 81ST AVE W 194TH ST SW 86TH AVE W 187TH ST SW 86TH PL W 81ST AVE W 221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W 83RD AVE W 74THPL 63RD PL W P ARK WY DALEWY 189TH PL SW 189TH PL SW 67TH AVE W 193RD ST SW 193RD ST SW 194TH ST SW 195TH PL SW 196TH ST SW 66TH AVE W 196TH ST SW 197TH ST SW H EIN Z P L 69TH PL W 71ST PL W 7 3 R D A V E W 189TH ST SW 68TH AVE W 75TH AVE 201ST PL 74TH PL W 75TH PL W 73RD AVE W 204TH ST SW 203RD PL SW GLEN ST HWY99 204TH ST SW 63RD PL W 63RD AVE W 60TH AVE W 208TH ST SW 210TH ST SW 212TH ST SW 66TH AVE W 67TH AVE W N W T R A C T I O N R /W 214TH ST SW 213TH PL SW 215TH ST SW 67TH AVE W 66TH AVE W 61ST PL W 216TH ST SW 218TH ST SW 219TH ST SW 66TH AVE W 64TH AVE W 220TH ST SW 68TH PL W 68TH AVE W 222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL221STPLSW 223RD PL 223RDPLSW 67TH PL W 68TH AVE W 66TH AVE W 65TH AVE W 64TH AVE W 67TH PL W 66T H P L W 226TH ST SW 225TH PL 225TH PL S W 225TH PL SW 226TH ST SW 227TH PL SW 67TH PL W 63RD PL W 62ND AVE W 62ND AVE W 227THSTSW 68TH AVE W 67TH PL W 66TH PL 65TH PL 64TH PL W 228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230THSTSW 231STSTSW 6 3 R D A V E W 6 3 R D P L 66TH AVE W 67TH PL W 66TH AVE W 67TH PL W 232ND ST SW 232ND PL SW 233 PL 2 3 4 T H P L 2 33 R D S T S W 234THSTSW 234THST 64TH AVE W 63RDAV E W 6 3 R D A V E W 66THAVEW 234TH PL 2 3 4 T H P L 235TH PL 65THPLW67THAVEW 234TH ST S W235THSTSW 231ST ST SW 92ND AVE W 91ST AVE W N W T R A C TIO N R/W 78TH PL W 236TH ST SW 8TH AVE N A L BI O N W A Y 85th Ave W 4TH AVE S 5TH AVE S 6TH AVE S A AVE S 7TH AVE S B AVE S C A V E S E D M O NDSWAY 178TH PL SW 6 9 THPLW 96T H P L W INTERSTATE 5 BURLINGTON NO RT H E R N R AIL R O A D PRD-1969-1 PRD-1984-1 PRD-1975-1 PRD-1981-2 PRD-1976-1 PRD-1983-1 PRD-1979-4 PRD-2002-40 PRD-2000-21 PRD-1969-1 PRD-2002-171 PRD-1987-1 PRD-1969-2 PRD-1989-1 PRD-1986-1 PRD-1981-1 PRD-1990-2 PRD-1978-1 PRD-1975-1 PRD-1988-2 PRD-1977-2 PRD-1977-1 PRD-1994-16 PRD-1990-1 PRD-1979-3 PRD-1994-12 PRD-2002-62 PRD-1980-2 PRD 2002-102 PRD-1988-1 PRD-2003-147 R-1979-4 R-1979-12 R-1985-3 R-1995-177 R-1998-207 R-1990-1 R-1997-28 R-2001-34 R-2002-101 R-3-81 R-2002-38 R-1988-3 R-1988-2 Lake Ballinger MAPLE ST ALDER ST BC-EW BC BN RM-1.5 RM-2.4 Edmond s Marsh ShellCreek Hin d l e y C r e e k Hi ndl e y C r e e k Willow Creek S tilthous e C r e e k H a l l s C r e e k PerrinvilleCreek H all sCreek Frui t d a l e C r e e k Terrac eCreek OutfallC r e e k W i l l o w C r e e k Shella b a r g e r C r e e k Deer Creek Northstream Cre ek EdmondsMars h Lund'sGulch Creek BD2 BD2 BD1BC P OR LDR-S RM-3 RM-1.5 RM-3 CW P BD5 RM-1.5P P P P P BD2 RM-1.5 LDR-L P RM-3 BP P P P P BN RM-3 BC CW OS OS RM-1.5 LDR-M CG CG P CG CG RM-2.4 BN LDR-S CG OS OS BC OS RM-2.4 CG CG CG CG CG CG CG CG CG CG CG CG RM-EW BC-EW RM-EW BD2 P RM-2.4 BD3 LDR-S LDR-S RM-2.4 BD4 P RM-1.5 MP2 MP2 MP1 NCHBN P OS BC-EWNCH NCH RM-1.5 NCH RM-3 RM-2.4NCH NCH NCH MU CG CG RM-2.4 RM-2.4 NCH NCH NCH RM-2.4 P NCH RM-3NCH P RM-2.4 NCH RM-1.5 RM-3 LDR-M LDR-M LDR-M LDR-M LDR-M P LDR-M LDR-M BC BN BC BC-EW RM-1.5 RM-1.5 BN LDR-M LDR-M RM-3 RM-1.5 RM-3 RM-1.5 RM-1.5 LDR-S LDR-S LDR-S LDR-S LDR-S LDR-S BP BP LDR-M LDR-M LDR-M LDR-M LDR-M RM-2.4 P LDR-M LDR-M LDR-M LDR-M LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-L LDR-M LDR-M LDR-M LDR-M LDR-M LDR-M RM-2.4 RM-2.4 WMU Puget Sound ² -RS Zoning changed to LDR-Various commercial and residential changed to NCH in designated areas This map is a representation of the official zoning mapof the City of Edmonds. Please check with theCity of Edmonds Planning Division before relyingon the zoning information described on this map. 600 0 600 1,200300 Feet Zoning Designations and Descriptions Map revision date: May 29, 2025Zoning2025_36x56.mxd City of EdmondsProposed 2025 Zoning [e Historic Sites Sites on Edmonds Register of Historic Places ! ! ! ! ! !!!!!!!!!!!!! ! ! ! ! !!!!!!!!!!!! Rezones Contract Rezones (contractual requirements apply) PRD PRD - Planned Residential Development Single Family LDR-S Low Density Residential - Small Lot LDR-M Low Density Residential - Medium Lot LDR-L Low Density Residential - Large Lot Multi Family RM-3 Multi Family, 3,000 sq. ft. of lot area per unit RM-2.4 Multi Family, 2,400 sq. ft. of lot area per unit RM-1.5 Multi Family, 1,500 sq. ft. of lot area per unit RM-EW Multi Family, RM-Edmonds Way Downtown Business ((((((((((((((((((BD1 Downtown Retail Core ((((((((((((((((((((((((BD2 Downtown Mixed Commercial ((((((((((((((((((BD3 Downtown Convenience Commercial ((((((((((((((((((((((((BD4 Downtown Mixed Residential ((((((((((((((((((BD5 Downtown Arts Corridor ((((((((((((((((((((((((OR Office-Residential Commercial WMU Westgate Mixed Use BP Planned Business BN Neighborhood Business FVMU Firdale Village Mixed Use BC Community Business BC-EW Community Business, BC-Edmonds Way CG General Commercial NCH Neighborhood Centers and Hubs Waterfront CW Commercial Waterfront MP1 Master Plan Hillside Mixed Use MP2 Master Plan Hillside Mixed Use Other MU Medical Use P Public Use OS Open Space 2.3.d Packet Pg. 321 At t a c h m e n t : A t t a c h m e n t 4 : P r o p o s e d Z o n i n g M a p - D r a f t ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Middle Housing Discussion 2025 Development Code Update City Council Meeting June 17, 2025 Michael Clugston, Acting Planning and Development Director/Planning Manager Brad Shipley, Senior Planner 2.3.e Packet Pg. 322 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Phase III CITY OF EDMONDS Development Code Update 2 Phased Approach Middle Housing Ordinance Planning Board Recommendation Draft Review Public Hearing DE S I G N R E V I E W C O D E U P D A T E S Phase III Refinement (as needed) 2025 - 2026 27th JUNEMAY 3rd 10th 17 th 24th AdoptionReview 2.3.e Packet Pg. 323 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) HB 1110 3CITY OF EDMONDS Development Code Update Middle Housing Bill •Required in all predominately residential zones where the existing zoning does not already provide for densities achievable through middle housing. Sets minimum unit density per parent lot: •Allow a minimum of two units on all lots. •Allow up to four units by -right for lots within ¼-mile of a defined major transit stop. •Allow up to four units when the affordability component is met. Requires certain cities to allow at least six middle housing building types: 2.3.e Packet Pg. 324 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) HB 1110 4CITY OF EDMONDS Development Code Update Middle Housing Bill •Update existing single-family zoning districts to allow for six of nine middle housing types at minimum densities; •Updates to the allowable densities and site development standards to accommodate middle housing types; •Adopt new definitions for middle housing types. Items that go beyond what is required for compliance: •Associated design standards (e.g., frontage types, transparency requirements, etc.); •Incentive bonuses for specific middle housing types (e.g., cottage housing density incentives). Items required for compliance: 2.3.e Packet Pg. 325 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 5CITY OF EDMONDS Development Code Update Draft Code Compliance Items Planning Board recommendation takes a “minimum compliance” approach, retaining many of the existing site development standards. Site Development standards: Subdistrict Year Height Lot Coverage Street Setback Side Setback Rear Setback R-6 1959 25’35%15’5’15’ RS-6 Current 25’35%15’5’ 15’ LDR-S Proposed 25’35%15’5’15’ R-8 1959 25’35%15’5’15’ RS-8 Current 25’35%25’7.5’15’ LDR-M Proposed 25’35%25’7.5’15’ S-12 1959 30’35%25’7.5’25’ RS-12 Current 25’35%25’10’25’ LDR-L Proposed 25’35%25’10’25’ 2.3.e Packet Pg. 326 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 6CITY OF EDMONDS Development Code Update Planning Board Recommended: •Duplex •Triplex •Fourplex •Stacked Flat •Cottage Housing •Courtyard Apartments Updated existing single-family zoning districts to allow for six of nine middle housing types at minimum densities: Draft Code Compliance Items Not Recommended: •Fiveplex •Sixplex •Townhouses 2.3.e Packet Pg. 327 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 7CITY OF EDMONDS Development Code Update Key Concepts Building Types Duplex, triplex, and fourplex are broad terms and often overlap with specific middle housing types. For example, a three-unit townhouse could also be a triplex. This means that even though townhouses are not an approved building type, a triplex could be built in a townhouse style. Important note: Triplex, side-by-side Triplex, stacked Townhouse 2.3.e Packet Pg. 328 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 8CITY OF EDMONDS Development Code Update Side Court Concept: Additional Considerations for Council Discussion 2.3.e Packet Pg. 329 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 9CITY OF EDMONDS Development Code Update New language added: 16.20.040(C)(3)(a) and (b) ECDC a)Entries. i. At least one primary entrance per building shall be oriented toward and have direct access from the public street. This requirement may be waived by the Planning and Development Director or their designee if the building is located at least 50 feet from the public street. Additional Considerations for Council Discussion 2.3.e Packet Pg. 330 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 10CITY OF EDMONDS Development Code Update New language added: 16.20.040(C)(3)(a) and (b) ECDC b) Building orientation. i.Dwelling units shall not be oriented perpendicular to the street such that their primary façade faces an internal driveway or auto court, unless the following are met: a)Entries are clearly visible from the street and include a covered stoop, porch, or other entry feature. b)The combined width of all garage doors or carport openings on any building façade does not exceed 60 percent of the total width of that façade, as measured at the ground level. Additional Considerations for Council Discussion 2.3.e Packet Pg. 331 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 11CITY OF EDMONDS Development Code Update New language added: 16.20.040(C)(3)(b) ECDC (cont’d): c)For developments with three or more side-by - side units served by an internal driveway, the site layout shall incorporate a building or portion of a building at the end of the driveway to terminate the view and create a defined edge. This may be achieved through an L-shaped configuration or a similar arrangement that encloses or frames the driveway. If site constraints make this infeasible, an alternative design feature, such as enhanced landscaping, a low wall with integrated seating, or a decorative structure, shall be provided at the end of the driveway to create a visually prominent terminus. Additional Considerations for Council Discussion 2.3.e Packet Pg. 332 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 12CITY OF EDMONDS Development Code Update New language added: 16.20.020(A)(4)(b) ECDC: Additional Considerations for Council Discussion An option was added to allow the unit density for cottage housing developments to scale based on lot size. Qualifying Criteria LDR-M LDR-W Base Allowance 1 dwelling unit per 4,000 sf. lot area 1 dwelling unit per 6,000 sf. lot area Project is ¼-mile from major transit stop or at least 25% units meet the affordability requirement. 1 dwelling unit per 2,000 sf. lot area 1 dwelling unit per 3,000 sf. lot area At least 50% units meet the affordability requirement. Not allowed 1 dwelling unit per 2,000 sf. lot area 2.3.e Packet Pg. 333 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 13CITY OF EDMONDS Development Code Update Impact fees: Additional Considerations for Council Discussion Impact fees are required to be proportional to the development type per state requirements. Public Works is in the process of updating their impact fees and Parks is evaluating changes to their impact fees. In the interim, limited modifications to the impact fee structure are proposed as a temporary measure until more comprehensive code amendments are brought forward by Public Works and Parks. 2.3.e Packet Pg. 334 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 14CITY OF EDMONDS Development Code Update Transportation Impact fees: Additional Considerations for Council Discussion ITE Land Use Code Proposed Fee per Dwelling Unit Comment 215 – Single Family, attached $3,373.43 New addition. Applies to townhouse-style development N/A – Accessory Dwelling Unit and Cottage Housing Unit $3,124.57 Adds Cottage Housing 3.36.125 ECC Other middle housing types will fall under “multi- family” for now. Current rate is $4,092.36. 2.3.e Packet Pg. 335 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 15CITY OF EDMONDS Development Code Update Parks Impact fees: Additional Considerations for Council Discussion Highlighted language added to provide clarity: 1.Single-family house (detached or attached): $2,734.05 per dwelling unit. 2.Accessory dwelling units: $1,367.03 per dwelling unit. 3.Multifamily residential housing (includes all middle housing types): $2,340.16 per dwelling unit. 4.Nonresidential development: $1.34 per square foot. 3.36.120 ECC 2.3.e Packet Pg. 336 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 16CITY OF EDMONDS Development Code Update Staffing for Affordable Housing: Additional Considerations for Council Discussion Under HB 1110, cities must allow at least two dwelling units per lot in areas zoned for single-family use. Up to four units may be permitted when certain criteria are met—such as proximity to a major transit stop or the inclusion of at least one unit that meets affordability requirements (60% AMI for rentals or 80% AMI for ownership). Additional staffing (1 FTE, ~$160,000 annual salary + benefits) will be required to build and manage the program. 2.3.e Packet Pg. 337 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 17CITY OF EDMONDS Development Code Update Staffing for Affordable Housing: Additional Considerations for Council Discussion The following is an initial list of responsibilities that would fall under this role: Implement and Manage the Middle Housing Affordability Program: Create required forms and tracking systems, develop outreach materials (web and print), respond to public inquiries (from both prospective and current program participants), monitor annual compliance, and establish enforcement procedures. Develop a Housing Action Plan: Prepare the plan as outlined in the Comprehensive Plan. Evaluate and Improve Existing Programs: Review the effectiveness of existing housing programs and recommend or implement improvements. Oversee Fund 141 – Affordable and Supportive Housing Fund: Manage fund allocation and tracking in alignment with city goals. 2.3.e Packet Pg. 338 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 18CITY OF EDMONDS Development Code Update Staffing for Affordable Housing: Additional Considerations for Council Discussion The following is an initial list of responsibilities that would fall under this role (cont’d): Manage the MFTE (Multi-Family Tax Exemption) Program: Track compliance with existing participants, review new applications, prepare contracts, update public-facing materials, and complete required reporting to the Department of Commerce. Serve as City Liaison: Act as the primary point of contact with external partners, including HASCO, AHA, Commerce, and others. Coordinate Housing-Related Grants: Apply for and manage grant funding, both directly for the City and in support of third-party affordable housing developers (e.g., Housing Hope). Provide periodic reports to City Council and Planning Board. 2.3.e Packet Pg. 339 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 19CITY OF EDMONDS Development Code Update Staffing for Affordable Housing: Additional Considerations for Council Discussion While some tools are available to support recordkeeping—such as the Department of Commerce’s Tracking Housing Affordability Database—a Housing Program Manager is still essential to develop and manage the program, respond to public inquiries, and oversee enforcement. Achieving affordable housing goals requires not only policy but also adequate funding and staffing to implement and sustain the work effectively. 2.3.e Packet Pg. 340 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Additional Considerations 20CITY OF EDMONDS Development Code Update for Council Discussion •Only administrative design review allowed. Design Review: •Departures should only be made available if processed administratively. •Additional criteria could be added for specific departure opportunities. •As a land use decision, design departures are subject to both administrative appeal and possibly judicial appeal under RCW 36.70C. Departures (new consideration): 2.3.e Packet Pg. 341 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) 21CITY OF EDMONDS Development Code Update a)Departures are available for all design standards herein. Departures provide applicants with the option of proposing alternative designs when the applicant can demonstrate a design is equal to or better for meeting the “purpose” of a particular standard. b)Departures shall be administrative and reviewed, approved, or denied by the planning director or the planning director’s designee. c)The planning director must document the reasons for all departure decisions within the project application records. New Language Added: Additional Considerations for Council Discussion 16.20.040(A) ECDC 2.3.e Packet Pg. 342 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) Discussion 2.3.e Packet Pg. 343 At t a c h m e n t : A t t a c h m e n t 5 : P r e s e n t a t i o n ( M i d d l e H o u s i n g C o d e U p d a t e : D i s c u s s i o n ) City Council Agenda Item Meeting Date: 06/17/2025 City Budget Scenario Discussion Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History The 2025-2026 Biennial budget adopted by Council included certain key assumptions, noted on page 11 of the adopted budget. One of these assumptions concerns regular property tax revenues. Regular property tax revenue for 2026 was budgeted to increase by $6,144,000. This indicates that council anticipated raising the general fund levy by 1% as they are authorized to do each year without a vote (approximately $115,320) and that Council would ask voters for an additional levy lid lift of $6,000,000. During the May 9, 2025 Budget Retreat, Council and staff discussed several scenarios that Council will need to consider as they contemplate the budgetary needs and a potential levy lid lift for 2026 and beyond. June 3, 2025 Mayor Rosen presented to Council his analysis and recommendation for budgetary needs, revenues, and potential levy lid lift options. The presentation slides and handouts from the June 3 meeting are attached. June 5, 2025 a Special Meeting was held for Council discussion. Minutes pending, video available on the city website. June 10, 2025 City Council discussed this item. Minutes pending, video available on the city website. Staff Recommendation Council discussion. 1. Consider a motion to direct the city attorney to draft a resolution placing a levy lid lift on the November 4, 2025 ballot in the amount of $19 million dollars minus the amount council commits to raising through non-property tax sources. 2. Consider a motion to schedule a Public Hearing on July 1, 2025. Narrative N/A Attachments: June 3 Council Meeting Scenarios 20250603 Handout June 3 Scenario 2 Side by Side MRSC - Levy Lid Lifts 2.4 Packet Pg. 344 Investing in Our Future Together Edmonds City Council 6.3.25 2.4.a Packet Pg. 345 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Investing in Our Future Together Fiscal resiliency Build the right budget New revenue sources Expense Reductions New taxes 2.4.a Packet Pg. 346 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Investing in Our Future Together For Our Safety Our Quality of Life Our Community 2.4.a Packet Pg. 347 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Scenario 1 Continues current reduced service.Three Roads Scenario 2 Provides opportunity to increase safety, improve streets, sidewalks and public spaces and protect our quality of life. Scenario 3 Significant additional reductions and elimination of services, staffing and building closures. 2.4.a Packet Pg. 348 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Levy Scenario One Continues current reduced services 2.4.a Packet Pg. 349 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Levy Scenario Three Addressed in the previous agenda item 2.4.a Packet Pg. 350 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Levy Scenario Two Provides opportunity to increase safety Improve streets, sidewalks and public spaces, and protects our quality of life 2.4.a Packet Pg. 351 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Levy Scenario Two Non-Levy Revenue Opportunities 2.4.a Packet Pg. 352 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Levy Scenario Two Previous Milestones: 4.02.24 Fiscal 1st Aid Levy introduced 8.18.24 Budget Retreat Levy Discussion 10.01.24 Budget Presentation 29 Revenue Ideas 12.17.24 Council Budget adopted (with levy) 5.01.25 Council Retreat 129 Revenue Ideas Non-Property Tax Revenue Opportunities 2.4.a Packet Pg. 353 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Levy Scenario Two •Reflect estimates for costs and net revenue •Will take time to implement and to realize revenue •Council action and commitment required Non-Property Tax Revenue Opportunities 2.4.a Packet Pg. 354 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) INITIATE IN 2025 FOR IMPACT BEGINNING IN 2026 – 2027 Law enforcement and criminal justice sales tax $1,300,000 Some combination of B&O Tax / Head Tax $1,500,000 Annex Esperance $1,367,890 Pursue Tax Increment Financing (TIF) Sales Tax Credit for annexing Esperance (10 yrs)$2,600,000 Raise utility tax - (water sewer storm)$ 720,000 Charge for parking $ 250,000 School zone cameras operate all day/add more Cameras $ 445,612 Cultural Access Sales Tax $ 130,000 Increase business license rate $ 50,700 Increase fees for code violations $ 10,000 Cost recovery for fees related to Hearing Examiner cases $ 5,000 Escalate fines based on speed in school zones $ 100,000 Increase pet license fee $ 3,000 SUB TOTAL $8,482,202 INITIATE IN 2026 AND 2027 Increase Red light cameras $1,181,116 Increase motor vehicle license fees from $40 to $50 $ 116,666 Transportation Multi-modal Impact Fees $ 350,000 Require a landlord license for every house & apartment $ 60,000 Increase Development Fees $ 40,000 Raise wireless lease for Five Corners Reservoir $ 20,000 Introduce a Commercial Parking Tax $ 2,000 SUB TOTAL $1,769,782 -Estimates- Recommended Non-Levy Revenue Opportunities 2.4.a Packet Pg. 355 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Identifying a Levy Lid Lift Amount 11 2 3 Price of Government Comps Staff Analysis Community Priorities and Input 2.4.a Packet Pg. 356 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Identifying a Levy Lid Lift Amount 11 2 3 Price of Government Comps Staff Analysis Community Priorities and Input 2.4.a Packet Pg. 357 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Community Priorities and Input Keep Edmonds Vibrant Recommendation 2025 Gap $21,419,000 Changes already implemented ($716,000) Non-property tax new revenue (Immediate)($9,000,000) Proposed Levy Lid Lift Amount $11,703,000 2.4.a Packet Pg. 358 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 11 2 3 Price of Government Comps Staff Analysis Community Priorities and Input Price of Government Comps 2.4.a Packet Pg. 359 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Price of Government Comps ASSUMPTIONS: Access to revenue will be reduced initially due to: Need to pay back interfund loan $6,000,000 + interest in two years Need to restore reserves Continue to recommend reducing policy reserve % and extending the time to 10 years. 2.4.a Packet Pg. 360 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Price of Government Comps ASSUMPTIONS: Backlog Facilities $2,000,000 Roads $1,200,000 ADA Ramps $ 60,000 Sidewalks $ 500,000 TOTAL $3,760,000 (Council Discretion) 2.4.a Packet Pg. 361 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Price of Government CompsNOTES: •Originally presented by Mike Bailey •Comparisons are hard to make •Used Office of Financial Management (OFM) population data •Added Issaquah, removed Everett •All NW •All similar size (smaller and larger) •Used a placeholder of $5,000,000 from non-levy sources 2.4.a Packet Pg. 362 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Price of Government Comps Per Capita Expenses Comps Mountlake Terrace $1,016 Bothell $1,185 Renton $1,274 Issaquah $1,600 Lynnwood $1,751 Redmond $2,178 *Edmonds $1,222 Average = $1,501 2.4.a Packet Pg. 363 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Price of Government Comps Average Comps $1,501 Edmonds Population (OFM) 43,420 Budget based on Comps $65,158,947 Backlog $3,760,000 TOTAL BUDGET $68,918,947 2026 Revenue Projection $47,405,490 Gap $21,513,457 Non-Property Tax Revenue Adds -$5,000,000 Proposed Levy Lid Lift $16,513,457 (Council Discretion) 2.4.a Packet Pg. 364 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis 11 2 3 Price of Government Comps Staff Analysis Community Priorities and Input 2.4.a Packet Pg. 365 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis NOTES: •Addressing concerns, priorities expressed by the community. •Director and staff experience in the department. •Director and staff experience in other cities. •Consultant analysis. •National industry standards. 2.4.a Packet Pg. 366 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Police Examples: Parking enforcement Animal control Emergency manager Staff for drug task force/crime investigation/training Social worker 2.4.a Packet Pg. 367 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Parks Examples: Increased maintenance Beach Rangers and Environmental Ed Parks planning and acquisition Ability to address backlog such as Yost Park 2.4.a Packet Pg. 368 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Planning, Building and Engineering Examples: Updating code More responsive permit review and inspection Improved planning process 2.4.a Packet Pg. 369 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Street and Facility Examples: Maintain street at industry standard Ability to address backlog Sidewalk expansion Get closer to industry standard for building maintenance support Address facility backlogs 2.4.a Packet Pg. 370 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Other City Services Examples: Volunteer coordinator Significantly improved public engagement National lobbying support Improve protection against cyber attacks Improved financial tracking and reporting Better able to meeting Public Record request demands Centralized purchasing Grants manager 2.4.a Packet Pg. 371 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Staff List $17,421,279 2.4.a Packet Pg. 372 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Staff List $17,421,279 Levy in budget $6,000,000 Backlog $3,760,000 Additional Needs $27,181,279 2.4.a Packet Pg. 373 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Staff List $17,421,279 Levy in budget $6,000,000 Backlog $3,760,000 Additional Needs $27,181,279 2026 Revenue Projection $47,405,490 TOTAL BUDGET $74,586,769 2.4.a Packet Pg. 374 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Staff Analysis Staff List $17,421,279 Levy in budget $6,000,000 Backlog $3,760,000 Additional Needs $27,181,279 2026 Revenue Projection $47,405,490 TOTAL BUDGET $74,586,769 Gap $27,181,279 Non-Property Tax Revenue -$5,000,000 Proposed Levy Lid Lift $22,181,279 2.4.a Packet Pg. 375 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) RECOMMENDATIONS SIDE-BY-SIDE KEV Recommendation $11,703,000 Municipal Comps $16,513,457 Staff Analysis $22,181,279 2.4.a Packet Pg. 376 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) RECOMMENDATIONS SIDE-BY-SIDE KEV Recommendation $11,703,000 Municipal Comps $16,513,457 Staff Analysis $ 22,181,279 Reduce $9m to $5m $15,703,000 2.4.a Packet Pg. 377 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) RECOMMENDATIONS SIDE-BY-SIDE KEV Recommendation $11,703,000 Municipal Comps $16,513,457 Staff Analysis $ 22,181,279 Reduce $9m to $5m $15,703,000 RECOMMENDATION $19,347,368 2.4.a Packet Pg. 378 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Price of Government Comps Per Capita Expenses Comps Mountlake Terrace $1,016 Bothell $1,185 Renton $1,274 Issaquah $1,600 Lynnwood $1,751 Redmond $2,178 *Edmonds $1,222 Average = $1,501 Budget POG KEV $68,108,490 $1,569 COMPS $68,918,947 $1,587 STAFF $74,586,769 $1,718 REC. $71,752,858 $1,653 2.4.a Packet Pg. 379 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Change the revenue projection Change the backlog amount Determine a number SOME OF COUNCIL OPTIONS 2.4.a Packet Pg. 380 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Scenario 1 $ 6m (Currently in the budget) Continues current reduced service Three Roads Scenario 2 $ Xm Provides opportunity to increase safety, improve streets, and strengthen parks, recreation and quality of life Scenario 3 -$ 8,000,000 Significant reduction and elimination of services, staffing and building closures. 2.4.a Packet Pg. 381 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Date Type of Meeting What June 3 Council Meeting Audience Public Comment - Staff Presentation - Council Discussion June 5 Special Meeting COTW Discuss scenario 2 and possibly scenario 3 Direct City Attorney to Draft Resolution June 10 Council Meeting Public Comment - Council Discussion June 17 Committee of the Whole Council Potential Action Direct City Attorney to Draft Resolution, Set date for PH June 24 Council Meeting Public Comment -Council Review Resolution July 1 Council Meeting Audience Public Comment Public Hearing July 8 Council Hearing Audience Public Comment Potential Council Action Consider Adoption of levy lift for November election - Approve Pro/Con Committee Selection Process July 15 Committee of the Whole Council Discussion Pro/ Con applicants published in packet July 22 Council Meeting Audience Public Comment Pro and Con Committee Appointments July 29 5th Tuesday – possible Council Special Meeting Audience Public Comment August 5 DEADLINE Filing Deadline Opportunities for Public Input 2.4.a Packet Pg. 382 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) Questions / Discussion For Our Safety Our Quality of Life Our Community How do We Best Invest in Our Future Together: 2.4.a Packet Pg. 383 At t a c h m e n t : J u n e 3 C o u n c i l M e e t i n g S c e n a r i o s 2 0 2 5 0 6 0 3 ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) STAFF ANALYSIS MIKE BAILEY COMPS Replaced Everett with Issaquah Staff List $17,421,279 Levy in budget $6,000,000 Average of Comps $1,501 Backlog $3,760,000 Edmonds Population OFM 43,420 Additional Needs $27,181,279 Budget based on POG Comps $65,158,947 2026 Revenue Projection/Budget $47,405,490 Backlog $3,760,000 TOTAL $74,586,769 TOTAL BUDGET $68,918,947 COMMUNITY (KEV) RECOMMENDATION Revenue $47,405,490 2026 Revenue Projection/Budget $47,405,490 2025 Gap $21,419,000 Gap $27,181,279 Gap $21,513,457 Changes already implemented ($716,000) Non Property Tax revenue adds -$5,000,000 Non Property Tax revenue adds -$5,000,000 Non-propery tax new revenue (Immedi ($9,000,000)MAYOR RECOMMENDATION Proposed Levy Lid Lift Amount $22,181,279 Proposed Levy Lid Lift Amount $16,513,457 Proposed Levy Lid Lift Amount $11,703,000 Proposed Levy Lid Lift Amount $19,347,368 Assessed value divided by 1K $15,996,864.7840 April 1, 2024 Population of Cities, Towns and Counties Assessed value divided by 1K $15,996,864.7840 Assessed value divided by 1K $15,996,864.7840 Levy rate to bring in this amount $1.3866 Levy rate to bring in this amount $0.7316 Levy rate to bring in this amount $1.2094 Edmonds median home value $840.20 Mountlake Terrace $1,016 Edmonds median home value $840.20 Edmonds median home value $840.20 Annual Increase $1,165 Bothell $1,185 Annual Increase $615 Annual Increase $1,016 Monthly Increase $97.09 Renton $1,274 Monthly Increase $51.22 Monthly Increase $84.68 Issaquah $1,600 Lynnwood $1,751 Redmond $2,178 Median Home Value $840,200 Assessed value divided by 1K $15,996,864.7840 Median Home value dividied by 1K $840.20 Levy rate to bring in this amount $1.0323 Edmonds median home value $840.20 Annual Increase $867 Monthly Increase $72.28 SIDE-BY-SIDE LEVY LID LIFT APPROACHES 2.4.b Packet Pg. 384 At t a c h m e n t : H a n d o u t J u n e 3 S c e n a r i o 2 S i d e b y S i d e ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 385 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 386 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 387 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 388 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 389 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 390 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 391 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 392 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 393 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 394 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 395 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 396 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 397 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 398 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n ) 2.4.c Packet Pg. 399 At t a c h m e n t : M R S C - L e v y L i d L i f t s ( C i t y B u d g e t S c e n a r i o D i s c u s s i o n )