Ordinance 3866AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO PROVIDING EXCEPTIONS
TO HEIGHT LIMITATIONS FOR ROOF -MOUNTED SOLAR
INSTALLATIONS AND ENERGY UPGRADES TO HVAC
ROOF -TOP EQUIPMENT, AND PROVIDING APPROVAL
FOR INSTALLATIONS ON NON -CONFORMING
STRUCTURES AS TYPE 2 STAFF DECISIONS, AMENDING
EDMONDS COMMUNITY DEVELOPMENT CODE
SECTIONS 20A0.030 AND 17AU20.
WHEREAS, on September 20, 2011, the City Council forwarded draft amendment
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WHEREAS, this proposal is consistent with existing city policies in the Community
Sustainability Element, and could be beneficial in situations where buildings are at or near the
WHEREAS, the Planning Board concurred with the intent of the proposal, and also
recommended a similar provision to allow for energy efficient upgrades to HVAC equipment
installations that can't fit within the existing building envelope; and
WHEREAS, the Planning Board felt that to enable some notice to nearby residents, such
approvals should be Type 2 staff decisions with public notice, appealable to the Hearing
Examiner; and
WHEREAS, the City Council deliberated regarding the Planning Board's proposed
amendments on December 6, 2011 and directed the City Attorney to prepare an ordinance to
adopt these amendments; NOW, THEREFORE,
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Section• and HVAC EnergyUpgrade ament. Section 21.40.030 of
Edmonds • - •rCode,`• ` •ht," is hereby amended to read as
• •ws (new text is shown in underline,deleted text is shown
21.40.030
Height.
A. Height means the average vertical distance from the average level of the undisturbed soil of
the site covered by a structure to the highest point of the structure. (See subsection (D) of this
B. "Average level" shall be determined by averaging elevations of the downward projections of
the four corners of the smallest rectangle which will enclose all of the building, excluding a
elevation
of - two points projected downward where the two sides ofthe rectangle cross
fr • •, - (See subsection + of - o for - • • to this rule.)
Accessory buildings that ar- attached to the main building by . breezeway,or other
averagesimilar connection so that the accessory building is separated by 10 feet or less from the main
building shall be considered to be part of the main building for purposes of determining the
level. Forthe purposes of a order •r an accessory building to be
considered • be attached to and a part of building, •
••i and be • -ai of • both the main building and the accessorybuilding
• .r•`. • r-rtified a • •` • r •
3. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height,
for that portion above the height limit;
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height, for that portion above the height limit, In RM districts, chimneys shall be clustered� No
multiple -flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall
not exceed nine square feet in horizontal section, and other chimneys shall not exceed six squarl
ire -Am M qm -M-
11 -staff dqcjsjqii if located in such a
way as to provide reasonable solar access WMIe limiting visual imDacts on surrogaiLig
-8. Replacement of ckis1:itig rooftop I-IVAC e uipment which exceeds the existiLig hoightli; it,-�o
. ... ......... ..
Section 2. Solartfierav Installations Amendment. Section 17.40MO of the
Edmonds Community Development Code, entitled "Nonconforming building and/or structure,"
is hereby amended to read as follows (new text is shown in underline; deleted text is shown as
17.40.020 Nonconforming building and/or structure.
Aon. A nonconforming building is one which once met bulk zoning standards and the
site development standards applicable to its construction, but which no longer conforms to suc
standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds
the application of such ordinance in the case of a structure annexed to the city� Subject to the
other provisions of this section, an accessory building that is not an accessory dwelling unit shl
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be presumptively nonconforming if photographic or other substantial evidence conclusively
demonstrates that the accessory building existed on or before January 1, 1981. In the case of a
property that was annexed after January 1, 1981, then the date shall be that of the effective date
of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and
convincing evidence.
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altered in any manner which increases the degree of nonconformity of the building except as
expressly provided in subsections (C) through (t) of this section.
C. Historic Buildings and Structures. Nothing in this sectionshallprevent the full restoration by
reconstruction of a building or structure which is either listed on the National Register of
Historic Places, the Washington State Register of Historic Places, the Washington State Cultural
Resource Inventory, or the Edmonds Register of Historic Places, or is listed in council -
approved historical survey meeting the standards of the State Department of Archaeology and
Historic Preservation. "Restoration" means reconstruction of the historic building or structure
with as nearly the same visual design appearance and materials as is consistent with full
compliance with the State Building Code and consistent with the requirements of Chapter 20.45
ECC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings
and structures shall comply with the life safety provisions of the State Building Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a nonconforming building or structure shall be permitted.
2. Solar ener installations on buildings that exceed exiqLng. height limits. A rooftop`solar
energy installation mounted on a non-conformiggg, buildin that exceeds the existing hei ht limit
may be anbroved as a Tvne II staff decision if
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while limiting visual iWacts on surrounding properties.
23 � Alterations which otherwise conform to the provisions of the zoning ordinance, its site
development and bulk standards, and which do not expand any nonconforming aspect of tj
building, shall be permitte(I
-34� In an effort to provide modular relief, minor architectural improvements in commercial and
multifamily zones may encroach into the nonconforming setback adjacent to an access easement
or public right-of-way not more than 30 inches. Minor architectural improvements may also be
permitted in nonconforming side or rear yard setbacks only if they intrude not more than 30
inches nor one-half of the distance to the property line, whichever is les§� "Minor architectural
improvements" are defined as and limited to bay windows, eaves, chimneys and architectural
detail such as cornices, medallions and decorative trim. Such improvements shall be required to
obtain architectural design review, Nothing herein shall be interpreted to exempt such
improvements in compliance with the State Building and Fire Codes.
E Relocation� Should a nonconforming building or structure be moved horizontally for any
reason for any distance, it shall thereafter come into conformance with the setback and lot
coverage requirements for the zone in which it is locate& Provided, however, that a building or
structure may be moved on the same site without full compliance if the movement reduces the
degree of nonconformity of the building or structure. Movement alone of a nonconforming
building or structure to lessen an aspect of its nonconformity shall not require the owner thereof
to bring the building or structure into compliance with other bulk or site development standards
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F. Restoration. If a nonconforming building or structure is destroyed or is damaged in an amou
_• to 75 percent • • •i its replacement cost at the time of destruction, said building shal
not be reconstructed except in full conformance with the provisions of the Edmonds Communit
Development Code. Determination • • costs and the level • •- shall be
.• by the building official and shall be appealable as a Type 11 staff decision under the
provisions of Chapter 20A ECDC� Damage of less than 75 percent of replacement costs may
repaired, and the building returned to its former size, shape and • location as existed before th
damage occurred, if, • • if, such repair is initiated by the filing of an application for a
building permit which vests as provided in ECDC 19A.015, et seq., within one year of the dat
such damage occurre& This right • restoration shall not ,••
1. The building or structure was damaged or destroyed due to the unlawful act of the owner or
the owner's agent; or
zones in use solely for residential purposes, or structures attendant to such residential use, may
be remodeled or reconstructed without regard to the limitations of subsections (B), (E) and (F) of
1. The •- • reconstruction takes place within the footprint • the • building •
structure. "Footprint" shall mean an area equal to the smallest rectangular area in a plane parall
to the ground in which the existing building could be placed, exclusive of uncovered decks, I
steps, porches, and similar features; and provided, that the new footprint • the building •
structure shall not be expanded by more than 10 percent and is found by the city staff to be
substantially similar to the • style and construction after complying with current ••.
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3. These provisions shall apply only to the primary residential use on site and shall not apply to
nonconforming accessory buildings or structures.
4. A nonconforming residential single-family building may be rebuilt within the defined buildi
envelope if it is rebuilt- . • design r • the original
style and structure after complying with current codesSubstantial compliance shall be
determined by the city as a Type 11 staff decision, except that any appeal of the staff decision
shall be to the ADB rather than to the hearing examiner. The decision of the ADB shall be final
and appealable • provided in ECDC 20.07A6.
SubjectH. • the other provisions of this section,i building •accessory
dwelling unit shall be presumptively nonconforming if photographic or other substantial
evidence conclusively demonstrates that the accessory building existed on or before January 1,
198 1. In the case of a property that was annexed after January 1, 1981, then the date shall be thl
L BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing
residential structures for live/work and commercial use as set forth in ECDC 16.43.030(B)(5). In
the BD5 zone, conforming and nonconforming buildings may be converted to commercial or
other usespermitted by ECDC• ' 020 without being required to come into compliance
the ground floor elevation`• of ECDC 16.43.030(B).
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY rA
JEFF TARADAY
FILED WITH THE CITY CLERK- -124642011
m
PASSED BY THE CITY COUNCIL. 12202011
PUBLISHED: 12�25;10 1 i
EFFECTIVE DATE: 12-30�iolt
ORDINANCE NO. 3 866
m
of the City of Edmonds, Washington
On the 20'h day of December, 2011, the City Council of the City A
Edmonds, passed Ordinance No. 3866. A summary of the content of said ordinance
consisting of the title, provides as follows6 I
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, RELATING TO PROVIDING
EXCEPTIONS TO HEIGHT LIMITATIONS FOR ROOF -
MOUNTED SOLAR INSTALLATIONS AND ENERGY
UPGRADES TO HVAC ROOF -TOP EQUIPMENT, AND
PROVIDING APPROVAL FOR INSTALLATIONS ON
NON -CONFORMING STRUCTURES AS TYPE 2
STAFF DECISIONS, AMENDING EDMONDS
COMMUNITY DEVELOPMENT CODE SE TI
20.40.030 AND 17.40�020i
07-ma-96TORM
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY SNOHOMISH S.S.
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 ofEverett, 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
No. 3866
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:
December 25, 2011
and that said newspaper was regularly disiribuled to its subscribers during all of said period.
Subscribed and sworn to before me this ti=,
day of Dec! ntlr a 2011 _
ariBar Public Yrt and for the State tai ahirigtbn� itsida9ag at Fvs;rett� tihcanlis€a�
County;
Account Name: City of Edmonds Account Number. 101416 Order Numbec 0001762109