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Ordinance 31470006.90000 WSS /Idh /gjz 05/01/97 R:05 /08 /97gjz ORDINANCE NO. 3147 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 16.50 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE (BC) COMMUNITY BUSINESS IN ORDER TO BETTER PROVIDE FOR MIXED USE DEVELOPMENT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the planning policies developed in accordance with the Growth Management Act by Snohomish County as well as the Growth Management Act itself include the use of mixed use development; and WHEREAS, the City Council based upon 'the recommendation of its Planning Board deems it appropriate to relax certain restrictions which limit the use of multiple dwelling units in and as a part of mixed use developments in the City; and WHEREAS, it is in the public interest to provide better, more flexible, design guidelines regarding roof design and ground floor development; and WHEREAS, the provision for increased residential density within existing height and bulk limitations would better permit the City to accomplish the planning goals of mixed use development that supports downtown business activity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code is hereby amended by the repeal and reenactment of Chapter 16.50, Community Business, to read as follows: 161130.2 - 1 - 15.50.000 Purposes. The BC 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, 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. 16.50.010 Uses. A. Permitted Primary Uses. 1. Single - family dwelling, as regulated in RS -6 zone; 2. Retail stores, 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; S. 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. 161130.2 _2_ 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. Commuter parking lots in conjunction with a limited community facility meeting the, criteria listed under subsection (C)(2) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Community facilities, as listed in the RM district; 3. Wholesale uses; 4. Hotels and motels; 5. Amusement establishments; 6. Auction businesses, excluding vehicle or livestock auctions; 7. Drive -in businesses; 8. Laboratories; 9. Fabrication of light industrial products;. 10. Convenience stores. D. Secondary Uses Requiring a Conditional Use Permit. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. 161130.2 16.50.020 Site development standards. A. Table. Minimum Minimum Minimum Street Lot Area Lot Width Setback BC None None None Minimum Side Setback Minimum Maximum Rear Maximum Floor Setback Height Area None' None' 25" 3 sq ft per sq ft of lot area 'Fifteen feet from lot lines adjacent to R zoned property. 2Roof 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 3 -in -12 are not allowed to protrude above the 25 -foot height limit unless they are part of an approved modulated design. B. Ground Floor. Development on the ground floor must consist of only commercial uses to a minimum depth of 30 feet as measured from the street front of the building, with the exception that the provision of pedestrian access to permitted residential uses is allowed. This provision does not apply when a single family use is the primary use on the property. C. Signs, Parking and Design Review. See Chapters 17.5 0, 20. 1 0, and 20.60 ECDC. D. Density. There is no maximum density for permitted multiple dwelling units. E. 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 BC lot. A .six -foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. 161130.2 -4- Examples of Modulated Roof Designs (See 16.50.020.A) 30 -ft limit with modulated roof - - - -- - -- r5 JF height limit 30 -ft limit -with modulated roof �- ------- - - - - -- Z -F height limit 'In -f+ limit with modulated roof -5- 25 -ft height limit F. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. 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. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, 161130.2 _6_ ATTEST /AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY FILED WITH THE CITY CLERK: 05/16/97 PASSED BY THE CITY COUNCIL: 06/03/97 PUBLISHED: 06/08/97 EFFECTIVE DATE: 06/13/97 ORDINANCE NO. 3147 -7- SUMMARY OF ORDINANCE NO. 3147 of the City of Edmonds, Washington On the 3rd_ day of Jane 199_, the City Council of the City of Edmonds, passed Ordinance No. 3147 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 16.50 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE (BC) COMMUNITY BUSINESS IN ORDER TO BETTER PROVIDE FOR MIXED USE DEVELOPMENT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 5 ±h day of ,tine , 1997. SANDRA S. CHASE, CITY CLERK STATE OF WASHINGTON, ss COUNTY OF SNOHODUSH, Affidavit of Publication RECEIVED J U N 13 1997 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper SUMMARYOF- 1+. +..•e.. ca..v yuv..o..eu ... .... vj .,� ....�.�..., .........� ... .................... INANCE NO. 3147 of the City of and State of Washington; that said newspaper is a newspaper of ands, Washington a 3r da of a C ty Council of the general circulation in said County and State; that said newspaper :dmonds passed Or- Yo. 314'/. A summary has been approved as a legal newspaper by order of the Superior ontent of said ordr onsisting of the title, follows: as ows: Court of Snohomish County and that the notice .... ............................... as ollCC nc ruv ""' 1EH 15.50 OF THE ED- . MONDS COMMUNITY DE- Summary o£ Ordinance No. 3147 fVELOPMENT CODE (BC) ......... .................... :COMMUNITY BUSINESS IN PRO- VIDE FOR BMIXED US DEVELOPMENT AND FIXING A TIME WHEN THE SAME _ ........ ................. . . SHALL BECOME EFFECTIVE. i The full text of this Ordi- tnance will be mailed upon re-1 ,quest. DATED This 5th day of June, ........ 1997. SANDRA S. CHASE a printed copy of which is hereunto attached, was published said City Clerk Published: June 8, 1557_ - newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: s -z -1 June 8, 1997 ........................................................................................................ •-------- .........----- ...... .................................................................................................................................... a t at said newspaper was regu arly dis r \ted— to,its subscribers durin all of said period. / ...... .. - :.......... ........:..t... -- -.. - . ................. .� rincipal Clerk Subscribed and sworn to before me this .........loth ................... day........... ..•June........................ ................., 19..97.. .................. A_M�L ......................... otary Public in and for the S to Washington, residing at Everett, Snohomish unty. 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