Ordinance 33670006.900000
WSS /gjz
6/14/01
ORDINANCE NO. 3367
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE,
CHAPTER 18.70 RELATING TO STREET RIGHT -OF -WAY
USE AND ENCROACHMENT PERMITS IN ORDER TO
PROVIDE FOR THE ISSUANCE OF SUCH PERMITS FOR
ARCHITECTURAL FEATURES WITHIN THE CENTRAL
BUSINESS DISTRICT OR OTHER DISTRICT WHICH
PERMIT ZERO LOT LINE DEVELOPMENT, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council has received the recommendation of its Planning
Board and considered the testimony of its citizens at public hearing regarding the use of an
encroachment permit to authorize the construction of bay windows, decks and other related
architectural features within the public right -of -way, and
WHEREAS, the City Council finds that the development of architectural features
in the Central Business District and other areas of the City where zero lot line development is
permitted by zoning district, may provide additional architectural detail and modulation which
would enhance the charm of the Central Business District and the livability in the City so long as
such features are consistent with the public's use of the public right -of -way, and where
appropriate, adequate compensation has been provided for the use of the public right -of -way, and
WHEREAS, any private use of the public right -of -way is at will, subject to
revocation and confers no permanent benefit on any party; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The Edmonds Community Development Code Chapter 18.70 Street
Right -of -Way Use and Encroachment Permits is hereby repealed and reenacted to read as
follows:
Chapter 18.70 Street right -of -way use and encroachment
permits.
18.70.000 Permits required.
No person shall use or encroach upon any public place without a
permit from the development services director and city engineer.
A. To encroach means to construct, erect or maintain in, over or
under any public place, right -of -way, roadway, parking strip and/or
sidewalk, including the airspace above them, any sign, building
extension, staging, scaffold, marquee, clock, retaining wall or any
other building or structure, or to occupy a public right -of -way
during construction activities for equipment or storage.
B. To use means to place or maintain in, over or under any public
place, right -of -way, roadway, parking strip and/or sidewalk,
including the air space above them, lawn furniture or any other
temporary or movable object.
Neither of the above definitions shall be interpreted to prohibit the
parking of a properly licensed vehicle within the parking strip
adjacent to their property line of sight, and street plantings.
18.70.010 Exemptions.
This chapter shall not apply to:
A. Any noncommercial use in areas zoned residential which does
not involve a building or structure other than a fence. Fences shall
be permitted in accordance with this chapter and the provisions of
this code. This exemption use shall not be construed to grant any
vested right of use or to permit the continuation of such use and
such uses are hereby deemed and declared to be permissive and
shall be promptly removed upon the order of the city of Edmonds.
B. Street maintenance work performed by the city, street or sewer
installation or improvement work authorized by permit or
ordinance, street improvement projects or utility work covered by a
blanket permit pursuant to the order of the city engineer.
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18.70.020 Applications.
Applications for street /right -of -way use or street encroachment
permits shall contain, in addition to the information required under
any other applicable city code, the following information:
A. Use or Encroachment. A description of the use or encroachment
to be made of or within the public place or right -of -way to be used
or encroached upon.
B. A legal description, drawing, or other appropriate designation of
the public place or right -of -way to be used or encroached upon.
C. Ownership. Evidence showing the applicant to be the agent
record owner of the property immediately adjoining the public
place or right -of -way.
D. Such other information as the city engineer or designee of the
development services director shall designate.
E. The city engineer may require that the application attach an
encroachment agreement in a form established by the city, if, in the
city engineer's discretion, he /she deems it reasonably necessary
due to the size, duration and/or nature of the encroachment. The
encroachment agreement shall require prompt removal of the
encroachment by the applicant at his/her /its expense upon
reasonable demand by the city engineer and legally adequate for
recording in the land records of Snohomish County and the chain
of title of the applicant's property. Such encroachment agreements
may be executed as acknowledged on behalf of the city by the city
engineer and recorded by the city clerk following approval as to
form by the city attorney.
18.70.030 Review.
A. Architectural Design Board. Any application for a permit to
construct, erect or maintain an awning, marquee, sign or any
structure in a public place shall be referred by the development
services director or his/her designee to the architectural design
board. The board shall review the plans and specifications as they
relate to Chapter 20.10 ECDC.
Applications for mobile street vending units shall be reviewed in
accordance with ECC 4.12.055 by the architectural design board.
B. Issuance by Development Services Director and City Engineer.
The development services director, city engineer or their respective
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designee, may administratively, without hearing, approve a
street /right -of -way use or encroachment permit if.
1. The proposed use shall not interfere with vehicular or pedestrian
traffic, including but not limited to the following requirements:
a. No portion of the public right -of -way designed and intended for
vehicular traffic or parking shall be occupied, permanently or
temporarily;
b. Requirements of the State Building Code, including but not
limited to all provisions relating to handicapped accessibility and
barrier free design requirements shall be met;
c. Any mobile vending units shall be properly licensed pursuant to
Chapter 4.12 ECC; and
d. Adequate compensation has been paid for use of the public
right -of -way (see C below).
2. The architectural design board has reviewed and approved any
proposal which includes a request to construct, erect or maintain an
awning, building, sign or any building or structure;
3. The proposal will not unreasonably interfere with the rights of
the public; and
4. The proposal is in the public interest, safety and convenience.
C. Bay Windows, Decks, and Related Architectural Features
In an effort to allow for more creative designs and a better overall
appearance in the downtown area, bay windows, decks, and related
architectural features may encroach into the public right -of -way
within the Central Business District or any other zone in which no
setback from the lot line is required, subject to the following
requirements:
1. All conditions and requirements set forth in this chapter
have been met and adequate compensation has been paid;
2. The encroachment shall not occur over alleys;
3. The building encroachment shall not project more than two
feet (24 inches) into the right -of -way.
4. The encroachment shall not exceed 30% of the length of
the fagade on any one side of the building.
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5. The encroachment shall provide for a minimum clearance
height of eight feet over any pedestrian right -of -way and a
minimum clearance height of eleven feet over any vehicular right -
of -way, whichever is greater.
6. The encroachment shall be approved by the Architectural
Design Board as contributing to a modulated facade design which
enhances the variation and appearance to the public of the overall
building design and public streetscape.
D. Appeal. The decision of the development services director and
city engineer, or their respective designees, may be appealed to the
hearing examiner under ECDC 20.105.030, PROVIDED,
HOWEVER, that the establishment of compensation for use of the
public right -of -way is a legislative decision of the City Council and
is not subject to judicial review.
E. Whenever in the discretion of the development services director
and city engineer, or their respective designees, the issuance of the
permit could negatively impact the public interest by imposing a
risk of liability, the applicant may be required to provide a
certificate of insurance naming the city as a primary named insured
and providing that it shall be primary as to any other policy of
insurance in any amount sufficient to insure the anticipated risk, or
in the event that such policy cannot be obtained, a covenant to hold
harmless and indemnify the city which will be recorded and run
with the land in a form approved by the city attorney.
F. Nothing herein shall be interpreted to permit the base or ground
support for any sign to be located upon or attached to the ground
within the public right -of -way.
18.70.040 Revocation.
A. Except as provided below, all permits approved under this
chapter shall be temporary, shall vest no permanent right and shall
be issued and may in any case be revoked at the sole discretion of
the City upon 30 days' notice, or without notice, in the event any
such use or occupation shall become dangerous; any structure or
obstruction so permitted shall become insecure or unsafe, shall
become a public nuisance; or shall not be constructed, maintained
or used in accordance with the provisions of this chapter. The
determination by the City Engineer that a structure is dangerous,
insecure, unsafe, a nuisance or has not been constructed, used or
maintained in accord with this chapter shall be conclusive.
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B. Permits issued for architectural features pursuant to ECDC
18.70.030(c) shall be issued for an initial term of ten years. A
permit for an architectural feature may be revoked at any time as
provided in subsection A. above. If revoked before the end of the
ten -year term, at the will of the City, the holder of the permit shall
be reimbursed for any consideration provided for the permit.
Reimbursement shall not be required if the permit is revoked due
to its having become dangerous, a public nuisance, unsafe or is not
constructed in accord with the terms of permit issuance. Permits
for architectural features shall be automatically renewed, if not
revoked by the City, for additional ten -year terms subject to such
additional consideration as the City may require.
C. If any such structure, obstruction, use or occupancy is not
discontinued on notice to do so by the city engineer and within the
time period designated, he may remove any structure or
obstruction, or make such repairs upon the structure or obstruction
as may be necessary to render the same secure and safe, at the
expense of the permittee, or his successor, and such expense may
be recorded as a lien and otherwise collected in the manner
provided by law.
18.70.050 Fees.
Application fees for street/right -of -way use or street encroachment
permits are those established by the city council by resolution in its
sole legislative discretion. Application fees for street use permits
shall be paid to the city prior to issuance of any street use permit.
Renewals of street use permit for the maintenance of any
continuing use or structure in the public right -of -way shall be
reviewed in accordance with rules established by the development
services director. There shall be no judicial appeal from a
determination of the compensation to be paid for the use of public
right -of -way.
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:
.4't�4'44�� .
M OR GlrAAKENSON
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CI ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 06/15/2001
PASSED BY THE CITY COUNCIL: 06/19/2001
PUBLISHED: 06/24/2001
EFFECTIVE DATE: 06/29/2001
ORDINANCE NO. 3367
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SUMMARY OF ORDINANCE NO. 3367
of the City of Edmonds, Washington
On the 19th day of June, 2001, the City Council of the City of Edmonds, passed
Ordinance No. 3367. 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, CHAPTER
18.70 RELATING TO STREET RIGHT -OF -WAY USE AND ENCROACHMENT PERMITS
IN ORDER TO PROVIDE FOR THE ISSUANCE OF SUCH PERMITS FOR
ARCHITECTURAL FEATURES WITHIN THE CENTRAL BUSINESS DISTRICT OR
OTHER DISTRICT WHICH PERMIT ZERO LOT LINE DEVELOPMENT, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of June, 2001.
19 . 4�4 ..
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON, l
COUNTY OF SNOHOMISH, )r
SUMMARY OF
ORDINAN E N . 3367
o theo the iryT�monds,
Washington
On the 19th day of June, 2001,
the Ciry Council of the City of
Edmonds, passed Ordinance No.
3367. 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 COMMUN-
ITY DEVELOPMENT CODE,
CHAPTER 18.70 RELATING TO
STREET RIGHT -OF -WAY USE
AND ENCROACHMENT PER-
MITS IN ORDER TO PROVIDE
FOR THE ISSUANCE OF SUCH
PERMITS FOR ARCHITEC-
TURAL FEATURES WITHIN
THE CENTRAL BUSINESS DIS-
TRICT OR OTHER DISTRICT
WHICH PERMIT ZERO LOT
LINE DEVELOPMENT, AND
FIXING A TIME WHEN THE
SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 20th day of
June, 2001.
CITY CLERK,
SANDRA S. CHASE
Published: June 24, 2001.
M
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 ....
Ordinance N.o ... .3367 .
............................................. ............
City of Edmonds .................. ......
............... ........ ............................... . ............... ..................
...................................................................... ............................... .. ...............................
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:
June 24, 2001
......................
............. ................ ............. .. ......................................................... .........
............................................................ ............................... ........................................
and that said newspaper was regularly distributed to its subscribers
during all of said period. y�
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............................
Principal Clerk
Subscribed and sworn to before me this ......25th
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Vashington,
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RECE!`V"ED
JUN 7 2001
B-2-1 EDMONDS CITY CLERK