Ordinance 26600006.150019
WSS:ctk
02/11/88
WSS504590
R: 03/01/88naa
ORDINANCE NO. 2660
AN ORDINANCE OF THE CITY OF EDMOND_ WASHINGTON,
AMENDING THE PROVISIONS OF ECDC 16.45.010 IN ORDER TO
REQUIRE A CONDITIONAL USE PERMIT FOR CONVENIENCE STORES
WITHIN THE BN ZONE; AMENDING ECDC 16.50.010(C)
CONDITIONAL USES IN ORDER TO REQUIRE THE ISSUANCE OF
CONVENIENCE STORES WITHIN THE BC ZONE, AMENDINC THE
PROVISIONS OF ECDC CHAPTER 21.90 BY THE ADDITION OF A
NEW SECTION 21.90.012 DEFINING SERVICE STATION,
AUTOMOBILE AND A NEW SECTION 21.90.014 RELATING TO THE
DEFINITION OF SERVICE STATION, SELF; AMENDING THE
PROVISIONS OF 21.20.040 RELATING TO DRIVE-IN BUSINESS,
ADDING A NEW SECTION 21.15.092 RELATING TO CONVENIENCE
STORES, AMENDING THE PROVISIONS OF ECDC 21.15.09r
DEFINING THE TERM CONDITIONAL 'JSE AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City C,)uncil recognizes that a recent court
decision has questioned the current provisions of the Edmonds
Community Development Code relating to -he regulation, of self-
service gas stations, and
WHEREAS, the Council finds that the regulation of
convenience stores and self-service gas stations through
appropriate review as a conditional use wittin Neighborhood
Business (3N) and :ommunity Business (BC) zones is in the best
interest of the public to protect the integrity of the City's
residential neighborh.=ods and to carefully review the impacts of
such development; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Amending ECDC 16.45.710 Uses to read as follows:
16.45.010 Uses.
A. Permitted Primary Uses.
Single family dwellings as regulated in RS-6 Zorre.
(2) Neighborhood -oriented retail stores, retail service
uses, excluding uses such as commercial garages,
used car lots, taverns, theatres, auditori�..ms,
undertaking establishments, and those uses
requiring a conditional use permit as listed below:
(3) Office and outpatient clinics, excluding commercial
kennels.
(4) Drycleaning stores and laundromats.
B. Permitted Secondary Uses.
(1) Limited assemoiy, repair or fabrication of goods
incidental to a permitted or conditional use.
( ) 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.
C. Primary Uses Requirina a Conditional Use Permit.
(1) Commercial parking lots.
(2) Community facilities, as listed in the RM Zane.
(3) Drive-in businesses.
(4) Businesses open to the public bet-.een -he hours
11 p.m. and 6 a.m.
(5) Convenience stores.
D. Secondary Uses Requiring a Conditional Jse Permit.
(1) Outdoor storage, incidental to a permitted or
conditional use.
Section 2. ECDC 16.50.010(C) relating to conditional uses
in the Community Business zone is hereby amended in order to add
a new subparagraph (10) relating to convenience stores to read as
follows:
16.50.010 Uses.
- 2 -
C. Primary Uses Requiring a Conditional Use Permit.
(10) Convenience Stores.
Section 3. Amending the provisions of ECDC Chapter
21.90 relating to the definition of S "Terms" ir. order to
add new Sections 21.90.012 relating to Service Station,
Automobiles to read as follows:
21.90.021 Service Station, Automobiles: An autcmob=le
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.
B. The servicing of motor vehicles and operations
incidental thereto, incidental t� the retail
sale of fuels, petroleum products and
automotive accessories; automohile 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; ra3iator 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 ser•icing
and replacement f brake cylinders, aligns and
brake shoes- wheel balanci.ig; 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 fitel pumps,
water hoses and wiring, mufflers and tai'
pipes, and pollution control device- and
equipment.
Section 4. Amending the provisions of ECDC Chapter 21.90
- 3 --
relating to the definitions cf "S" terms to add a new Section
21.90.014 relating to self-service gas stations to read as
follows:
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.
Section 5. ECDC 21.20.040 defining drive-in businesses
is hereby amended to read as follows:
21.20.040 Drive -In Business: A drive-in business means
a business or portion of a business where a consumer is
permitted or encou-aged either by the 4esign of
physical facilities or by the provision 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 ma• need to
yet out of their vehicle in order to obtain the product
--+r service. This definition shall include but not be
limited to service stations, car washes, and drive-in
restaurants or banks.
Section. 6. ECDC Chapter 21.15 is hereby amended by the
addition of a ne,.- Section 21.15.092 relating to convenience
stores to read as follows:
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 r,ward rapid customer turnover.
Section 7. ECDC 21.15.090 relating to the definition of
conditional use is 'ereby amended to read as follows:
21.15.090 Conditional Use: Conditional use means a use
allowed in one o- more of the zones as defined by the
zoning code, but which, because of characteristics
peculiar to such use, because of size, h—urs of
operation, technical processes or equipment, or because
of the exact location with reference to surroundings
and exiting improve..ients or demands upon putlic
facilities, requires a special permit in order to
provide a particular degree of control to make such
- 4 -
uses consistent and compatih':e with other eyisting or
permissible uses :n the sane zone or zones.
Multiple uses or any combinations of uses, any of which
requ.re a conditional use permit, shall be allowed on a
single 1ct only upon the grant of a conditional use
permit.
Section 8. This ordinance, being an exercise of a power
specifically delegated to the City legislative uody, is not
subject to referendum, and and shall take effect five (5) days
after passage and publication of the attached summary which is
hereby approved.
APPROVED:
i
RA- Y0 ARRY S. 1 G TE
ATTEST/AUTHENTICATED: /
CVTY LERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
'
BY .
FILED WITH THE CITY CLERK: February 25, 1988
PASSED BY THE CITY COUNCIL: March 1, 1988
PUBLISHED: March 6, '1988
EFFECTIVE DATE: " rch ' 1 , ' 988
ORDNANCE NO. 2660
WSS504590