Ordinance 33120006.900000
WSS /gjz
4/20/00
ORDINANCE NO. 3312
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE AND
ENACTING A NEW CHAPTER 17.75 ENTITLED OUTDOOR
DINING AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, certain zoning districts of the City — BN, BC, CW and CG — offer
opportunities for outdoor dining which would enhance the ambiance respectively of the
Neighborhood Business zone, the Community Business zone, Commercial Waterfront zone and
General Commercial zone; and
WHEREAS, the City Council wishes to approve for the establishment of outdoor
dining in zoning districts subject to appropriate limitations and conditional use restrictions;
WHEREAS, the restrictions of such a zoning change have been reviewed by the
City's Planning Board and a favorable recommendation issued as well as by the public at public
hearing, 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 addition of a new Chapter 17.75 Outdoor Dining to read as follows:
17.75.010 Outdoor dining — Permitted secondary use.
Limited outdoor seating for outdoor dining is hereby allowed as a
permitted secondary use in the BN — Neighborhood Business zone,
BC — Community Business zone, CW — Commercial Waterfront
zone, and CG — General Commercial zone. Seating shall be
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limited to an additional ten percent of the existing interior seating
of the establishment or eight (8) seats, whichever is greater, and
shall be located outside of public rights of way. No additional
parking stalls shall be required for outdoor dining usage.
17.75.020 Primary uses requiring a conditional use permit.
Outdoor dining shall be a primary use requiring a conditional use
permit in the BN — Neighborhood Business zone, BC —
Community Business zone, CW — Commercial Waterfront zone,
and CG — General Commercial zone, for outdoor seating which
exceeds ten percent of the existing interior seating in the
establishment or more than eight (8) seats, which ever is greater.
This use shall be established and maintained only in accordance
with the terms of a conditional use permit approved by the staff
under the staff decision (notice required) process established
pursuant to ECDC 20.95.050. At a minimum, the conditions
considered for imposition by the staff may include a restriction on
operating hours, location of the outdoor seating, and/or buffering
of the noise and visual impacts related to the outdoor dining
seating. All seating permitted pursuant to the conditional use
permit shall be located outside of public rights of way. If outdoor
seating is provided under these provisions, no additional parking
stalls shall be required for the outdoor dining.
17.75.030 Reduction of outdoor seating by existing
nonconforming seating.
An existing eating establishment with nonconforming seating
which exceeds the current standards of City zoning ordinance may
utilize outdoor dining as a permitted secondary use or as a primary
use requiring conditional use permit, provided, however, that the
outdoor seating shall not increase the nonconformity of the
establishment. For example, an existing establishment whose
interior seating exceeds the normally permitted seating
requirement for the zone by four (4) seats, outdoor dining
permitted as a secondary use shall be reduced by four (4) seats.
Any additional seating shall require a conditional use permit
pursuant to the provisions of Section 17.75.020.
17.70.040 Outdoor dining buildings or structures.
Any building or structure such as a service stand, fence, planter,
kiosk, awning or other shelter utilized in serving outdoor diners
shall fully comply with all provisions of the State Building Code
and this Community Development Code, including but not limited
to Architectural Design approval.
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Section 2. 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:
MAVbR, G&1Y HAAKENSON
ATTEST /AUTHENTICATED:
.4�.1 Chu,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CIAY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 05/12/2000
PASSED BY THE CITY COUNCIL: 05/16/2000
PUBLISHED: 05/21/2000
EFFECTIVE DATE: 05/26/2000
ORDINANCE NO. 3312
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SUMMARY OF ORDINANCE NO. 3312
of the City of Edmonds, Washington
On the 16th day of May, 2000, the City Council of the City of Edmonds, passed
Ordinance No. 3312. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AND
ENACTING A NEW CHAPTER 17.75 ENTITLED OUTDOOR DINING AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of May, 2000.
i4A., •O• &,41,
CITY CLERK, SANDRA S. CHASE
t
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Affidavit of Publication
STATE OF WASHINGTON, is
COUNTY OF SNOHODUSH,
SUMMARYOFORDINANCE The undersigned, being first duly sworn on oath deposes and says
of the i( Edmonds, that she is Principal Clerk of THE HERALD, a daily newspaper
Washington
On the 16th day of May, 2000, '
printed and published in the City of Everett, County of Snohomish,
;the City Council of the City of
Edmonds, passed Ordinance No.
13312. A summary of the content { and State of Washington; that said newspaper is a newspaper of
the said as consisting of general circulation in said County and State; that said newspaper
AN ORDINANCE OF THE CITY
OF E , WASHINGTON,
AMENDING DING T HE PROVISIONS has been approved as a legal newspaper by order of the Superior
T
NITY HDEVELOPMEN CODE Court of Snohomish County and that the notice ......... ...............................
'AND ENACTING A NEW CHAP-
TER 17.75 ENTITLED OLIT- I
DOOR DINING AND FIXIO --A I Summar Of Ordinance 4 3312
TRJIEWRERTHESAME SHALL ................. Y.............................................................-........ ...............................
BECOME EFFECTIVE.
The full text of
ponrequesinan Clty of Edmonds
upon request.
DATEDthis 17th day of Ma i ....................................................................................................... ...............................
2000.
CITY CLERK, SANDRA S. CHASE
Published: May 21, 2000.
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:
............ f..Iblished :......May.. 1. 2000 ................... ...............................
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and at s ' newspaper was regul r distrib ted to its subscribers
dur of said per d.
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Principal Clerk
Subscribed and sworn to before me this .........................2nd
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