Ordinance 3271ORDINANCE NO. 3271
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, IMPOSING A MORATORIUM UPON THE
ENFORCEMENT OF ECDC 16.45.030(A), 16.50.030(A), AND
16.60.030(A) UNDER CERTAIN CIRCUMSTANCES AND
ADOPTING INTERIM ZONING CONTROLS RELATING TO
THE OUTDOOR SALE OF CONSUMER COMMERCIAL
GOODS; AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE; AND PROVIDING FOR EXPIRATION
UPON A CERTAIN DATE.
WHEREAS, certain provisions of the Edmonds Community Development Code
prohibit the sale or marketing of commercial goods outside of enclosed premises within the
Business and Commercial zoning districts; and
WHEREAS, the City Council finds that such prohibition may be unnecessary,
under certain circumstances, to protect the public health, welfare, and safety; and should
therefore be allowed subject to reasonable regulations to protect the public health, welfare, and
safety; and
WHEREAS, the City Council intends to adopt a moratorium and interim zoning
control to temporarily allow for the outdoor sale and marketing of consumer commercial goods
while Staff and Council study and consider reasonable regulation of such activity and its
potential adverse impacts;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Legislative Findings. The City Council makes the following findings
in support of this Moratorium:
a) The provisions of ECDC 16.45.030(A) currently prohibit the sale or
merchandise of consumer commercial goods outside of enclosed premises within the
Neighborhood Business (BN) zoning district.
b) The provisions of ECDC 16.50.030(A) currently prohibit the sale or
merchandise of consumer commercial goods outside of enclosed premises within the
Community Business (BC) zoning district.
c) The provisions of ECDC 16.60.030(A) currently prohibit the sale or
merchandise of consumer commercial goods outside of enclosed premises within the
General Commercial (CG and CG2) zoning districts.
d) The sale or marketing of consumer commercial goods outside of enclosed
premises within business and commercial zoning districts is not necessarily detrimental
to the public health, welfare, and safety under certain circumstances.
e) City Staff has been directed to investigate and report to Council within the
next one - hundred and eighty days regarding the potential adverse impacts of allowing
such outdoor sales and marketing subject to reasonable regulations.
f) Businesses that currently sale or market consumer goods outside of enclosed
premises should be allowed to continue such commercial activities, provided that such
activity is otherwise lawful and does not have any significant adverse impact upon the
public health, welfare, and safety.
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e) This is a moratorium on the enforcement of certain zoning regulations and the
adoption of interim zoning controls pursuant to RCW 35A.63.220 and RCW 36.70A.390
and a public hearing has been duly held.
Section 2. Moratorium and Interim Zoning Control. The provisions of ECDC
16.45.030(A), 16.50.030(A), and 16.60.030(A), shall remain in effect, but shall not be enforced
by the Development Services Director exclusively with respect to the sale or marketing of
consumer commercial goods outside of enclosed premises, PROVIDED THAT the Director
determines that each of the following criteria is met:
a) Such outdoor commercial activity, and the premises upon which it is
conducted upon, meets all other applicable development standards and requirements as
contained within the Edmonds Community Development Code, or within state and
federal laws and regulations.
b) The person or entity conducting or engaging in such outdoor commercial
activity is the owner or lessee of the premises upon which such outdoor commercial
activity is conducted.
c) The person or entity conducting or engaging in such outdoor commercial
activity has properly obtained all licenses and permits or approvals neccessary to conduct
such outdoor commercial activities pursuant to the provisions of the Edmonds City Code.
d) The outdoor commercial activity does not create or allow a nuisance or
otherwise have any significant adverse impact upon the public health, welfare, and safety.
Section 3. Severabili1y. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
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such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 4. 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.
Section 5. Expiration Date. The provisions of this Ordinance, being a moratorium
and interim zoning control as authorized by RCW 35A.63.220 and 36.70A.390, shall expire one
hundred and eighty (180) days following its effective date, unless renewed for one or more six-
month periods by the City Council pursuant to subsequent public hearing.
PROVED:
MAYOR PRO TEM, THOMAS A. MILLER
ATTEST /AUTHENTICATED:
14/. e!A��
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF C Y AT Y:
BY
FILED WITH THE CITY CLERK: 08/13/99
PASSED BY THE CITY COUNCIL: 08/17/99
PUBLISHED: 08/22/99
EFFECTIVE DATE: 08/27/99
ORDINANCE NO. 3271
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SUMMARY OF ORDINANCE NO. 3271
of the City of Edmonds, Washington
On the 17th day of August, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3271. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, IMPOSING A MORATORIUM UPON THE
ENFORCEMENT OF ECDC 16.45.030(A), 16.50.030(A), AND
16.60.030(A) UNDER CERTAIN CIRCUMSTANCES AND
ADOPTING INTERIM ZONING CONTROLS RELATING TO
THE OUTDOOR SALE OF CONSUMER COMMERCIAL
GOODS; AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE; AND PROVIDING FOR EXPIRATION
UPON A CERTAIN DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of August, 1999.
CITY CLERK, SANDRA S. CHASE
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Document
Page 1 of 2
Revised Code of Washington
TITLE 35A RCW OPTIONAL MUNICIPAL CODE
CHAPTER 35A.63 RCW PLANNING AND ZONING IN CODE CITIES
RCW 35A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on lenqth.
RCW 35A.63.220 Moratoria, interim zoning controls -- Public hearing -- Limitation on
length.
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a
public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing
on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption,
whether or not the legislative body received a recommendation on the matter from the planning
agency. If the legislative body does not adopt findings of fact justifying its action before this
hearing, then the legislative body shall do so immediately after this public hearing. A moratorium
or interim zoning ordinance adopted under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan is developed for related studies
providing for such a longer period. A moratorium of interim zoning ordinance may be renewed for
one or more six -month periods if a subsequent public hearing is held and findings of fact are made
prior to each renewal. [1992 c 207 § 3.]
RCW 35A.63.230 Accessory apartments.
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter
shall comply with RCW 43.63A.215(3). [1993 c 478 § 9.]
RCW 35A.63.240 Treatment of residential structures occupied by persons with
handicaps.
1 Applicable Cases
No city may enact or maintain an ordinance, development regulation, zoning regulation or
official control, policy, or administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure occupied by a family or other
unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478 § 21.]
RCW 35A.63.250 Watershed restoration projects -- Permit processing - -Fish habitat
enhancement project.
A permit required under this chapter for a watershed restoration project as defined in RCW
89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish
habitat enhancement project meeting the criteria of RCW 75.20.350(1) shall be reviewed and
approved according to the provisions of RCW 75.20.350. [1998 c 249 § 6; 1995 c 378 § 9.]
NOTES:
Findings -- Purpose -- Report -- Effective date - -1998 c 249: See notes following RCW 75.20.350.
RCW 35A.63.260 Planning regulations -- Copies provided to county assessor.
By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the code city's comprehensive plan and development regulations in effect on
July 1 st of that year and shall thereafter provide any amendments to the plan and regulations that
were adopted before July 31st of each following year. [1996c254§4.]
RCW 35A.63.270 General aviation airports.
Adoption and amendment of comprehensive plan provisions and development regulations
under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 §
4.]
RCW 35A.63.280 Conditional and special use permit applications by parties licensed or
certified by the department of social and health services or the department of
corrections -- Mediation prior to appeal required.
A final decision by a hearing examiner involving a conditional or sp-_; -' --
application under this chapter that is requested by a party that is licensed
department of social and health services or the department of corrections Adopted by Reference
Ordinance # 3 71 on 8-'11-'7'7
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City_ Clerk
Document Page 1 of 6
Revised Code of Washington
TITLE 36 RCW COUNTIES
CHAPTER 36.70A RCW GROWTH MANAGEMENT -- PLANNING BY SELECTED COUNTIES AND
RCW 36.70A.390 Moratoria, interim zoning controls -- Public hearing -- Limitation on
RCW 36.70A.390 Moratoria, interim zoning controls -- Public hearing -- Limitation on
length -- Exceptions.
1 Applicable Cases
A county or city governing body that adopts a moratorium, interim zoning map, interim
zoning ordinance, or interim official control without holding a public hearing on the proposed
moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a
public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or
interim official control within at least sixty days of its adoption, whether or not the governing body
received a recommendation on the matter from the planning commission or department. If the
governing body does not adopt findings of fact justifying its action before this hearing, then the
governing body shall do so immediately after this public hearing. A moratorium, interim zoning
map, interim zoning ordinance, or interim official control adopted under this section may be
effective for not longer than six months, but may be effective for up to one year if a work plan is
developed for related studies providing for such a longer period. A moratorium, interim zoning
map, interim zoning ordinance, or interim official control may be renewed for one or more
six -month periods if a subsequent public hearing is held and findings of fact are made prior to each
renewal.
This section does not apply to the designation of critical areas, agricultural lands, forest lands,
and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and
protection of these areas under RCW 36.70A.060, prior to such actions being taken in a
comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations
adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. [1992 c 207
§ 6.]
RCW 36.70A.400 Accessory apartments.
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter
shall comply with RCW 43.63A.215(3). [1993 c 478 § 11.]
RCW 36.70A.410 Treatment of residential structures occupied by persons with
handicaps.
No county or city that plans or elects to plan under this chapter may enact or maintain an
ordinance, development regulation, zoning regulation or official control, policy, or administrative
practice which treats a residential structure occupied by persons with handicaps differently than a
similar residential structure occupied by a family or other unrelated individuals. As used in this
section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C.
Sec. 3602). [1993 c 478 § 23.]
RCW 36.70A.420 Transportation projects -- Findings -- Intent.
The legislature recognizes that there are major transportation projects that affect multiple
jurisdictions as to economic development, fiscal influence, environmental consequences, land use
implications, and mobility of people and goods. The legislature further recognizes that affected
jurisdictions have important interests that must be addressed, and that these jurisdictions' present
environmental planning and permitting authority may result in multiple local permits and other
requirements being specified for the projects.
The legislature finds that the present permitting system may result in segmented and
sequential decisions by local governments that do not optimally serve all the parties with an interest
in the decisions. The present system may also make more difficult achieving the consistency
among plans and actions that is an important aspect of this chapter.
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STATE OF WASHINGTON, >s
COUNTY OF SNOHON,ISH,
On the 17th day of August, 1999, the City Council of the City of
Edmonds, passed Ordinance No. 3271. A summary of the content of
said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, IMPOSING A MORATORIUM UPON THE
ENFORCEMENT
6.60.0 OEA) UNDER CCERTAIN OCIRACUMSTANCES AND
ADOPTING INTERIM ZONING CONTROLS RELATING TO
THE OUTDOOR SALE OF CONSUMER COMMERCIAL
GOODS: AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE: AND PROVIDING FOR EXPIRATION f
UPON A CERTAIN DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of August, 1999.
CITY CLERK, SANDRA S. CHASE
Published: August r2, 1999.
B_2 -1
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of OrdinanceNo. 3271
........................ .... I ....................................................... ....................... ................
................................................................................... ......................... . . . . .. ...................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
AuZust ... 22.....19,99 ................... ..........
................................
o its subscribers
Principal Clerk
Subscribed and sworn to before me this....... 22nd___•.•._..
of..... Au us ......... 19...99.
....... ........ ....... ......... .. ... .........
Notary Public in and for t e State f Washington,
<::::�) residing at Everett, Snoh sh Co ty. stilt
o`! NOTARY
tn.
,N PUBLIC
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