Ordinance 24581
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8/23/84
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING SECTION 16.20.010, 16.20.040 AND
21.20.010 AND ADDING A NEW CHAPTER 20.19, ALL
RELATING TO HOME DAY CARE FACILITIES AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council finds that it is in the public
interest to make liberal provision for home day care facilities
within the residential zones of the City of Edmonds,
WHEREAS, the City Council recognizes the necessity for
such uses but desires that they shall be compatible with the
environment of the various neighborhoods of the City of Edmonds,
now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Subsection 16.20.010(D) of the Edmonds
Community Development Code relating to secondary uses requiring a
conditional use permit in an RS simgle family residential zone is
hereby amended to read as follows:
D. Secondary Uses Requiring a Conditional Use Permit.
1. Family day care homes, mini -day care facilities and
preschools.
2. Private piers and boathouses.
3. Guest houses.
4. Amateur radio transmitting antennae.
5. Accessory dwelling units.
Section 2. Section 16.30.020 of the Edmonds Community
Development Code relating to RM multiple residential zones is
hereby amended by the addition of a new subsection D to read as
follows:
D. Secondary Uses Requiring a Conditional Use Permit.
1. Family day care homes.
2. Mini -day care facilities, excluding such use if in
conjunction with a multiple family dwelling unit.
Section 3. Article 20 of the Edmonds Community Develop-
ment Code is hereby amended by the addition of a new Chapter
20.19 relating to home day care to read as follows:
20.19.000 PURPOSE
The purpose of this chapter is to allow residents to
operate either a family home day care or mini -day
care facility at their residence, subject to the
requirements of this chapter.
20.19.010 REVIEW
The Community Development Director shall review
applications for family home day care under the
procedure of Section 20.95.060 (Staff Decision -
Hearing Required), using the criteria of this
chapter. Applications for mini -day care facilities
shall be heard by the Hearing Examiner, who shall
also use the criteria of this chapter and the consi-
deration of whether the facility is deleterious to
the neighborhood or creates a public nuisance.
The Community Development Director or the Hearing
Examiner may impose reasonable conditions on an
approval to ensure that the criteria are met.
20.19.020 CRITERIA
A. State Licensing. The applicant must obtain and
comply with all State licensing requirements.
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B. Outdoor Play Times. Outdoor play times shall not
be scheduled before 9:00 a.m. or after 8:00 p.m.
Care shall be taken to minimize noise impacts on
adjacent residences.
C. Fenced Play Area. A completely fenced play area
is required. No play area shall be allowed in
the street setback.
D. Parking. Two on -street or off-street parking
spaces must be provided. Off-street parking
spaces must be reasonably accessable to the
applicant's residence and available for public
use under city ordinance.
20.19.030 PERMIT
Any permit for family home day care or mini -day care
facilities is personal to the applicant and may not
be transferred or otherwise assigned to any other
person, nor may the permit be transferred to any site
other than the site described in the application.
Nothing herein shall relieve the applicant of the
obligation to obtain any other license required under
the provisions of state and federal law.
20.19.040 REVIEW HEARINGS
At any time at least six months after the granting of
a conditional use permit, as provided herein, resi-
dents of the neighborhood may initiate a request
before the Hearing Examiner to consider the revoca-
tion or modification of the permit, if they consider
the facility to be deleterious to the neighborhood or
to create a public nuisance.
The complaint action shall be initiated by a peti-
tion, signed by not less than five residents within
300 feet of the subject property or 50% of the resi-
dents within*300 feet of the subject property which-
ever is the lesser amount, no two of whom may be
residents of the same household. The petition shall
state in detail the condition or conditions which the
complainants allege cause the facility to be
deleterious to the neighborhood or to create a public
nuisance.
After a public hearing on the complaint, the Hearing
Examiner shall make findings as to the existence of
any deleterious impact or public nuisance created or
enhanced by the permittee. If the Hearing Examiner
finds that the permittee failed to comply with prior
imposed conditions or has created or enhanced a dele-
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has met the additional conditions. Failure to meet
such conditions shall be grounds for revoking this
permit.
20.19.050 APPEAL
Appeals may be taken from the decision of the Hearing
Examiner to the City Council under the provisions of
Chapter 20.105. An appellant may challenge the impo-
sition of conditions or may elect to challenge a
later determination as to whether those conditions
have been met.
Section 4. Section 21.20.010 relating to day care faci-
lities is hereby amended to read as follows:
DAY
CARE FACILITY
The
following definitions shall apply
to the various
day
care facilities allowed in the different
zone
districts:
A.
Family day care home: A residence
used for the
care of children under the age of
12 located in
the family dwelling of the person
or persons
under whose direct care the child
or children are
placed, accommodating six or fewer
children for
full-time care and two children for
part-time
care, such numbers to include those
members of
the resident family who are under
the age of 12
years old. This definition shall
apply
regardless of whether the care is
provided for
compensation.
B. Mini -day Care Facility: A structure used for the
care of children under the age of 12 located in a
facility other than a family dwelling or located
in the family dwelling of the person or persons
under whose direct care the child or children are
placed, which accommodates 12 or fewer children
including those of the resident family who are
under the age of 12 years of age, regardless of
whether said services are provided for
compensation.
C. Day Care Center: A structure for the care of
children under the age of 12 located other than a
family dwelling if those individuals under whose
direct care the child or children are placed
which accommodates 13 or more children regardless
of whether such services are provided for
compensation.
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Section 5. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
APPROVED:
MAYOR, ARR S HTEN
ATTEST/AUTHENTICATED:
TY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CI Y CLERK:
PASSED BY THE CITY COUNCIL: (-j , i.) , r-q
POSTED: September 5, 1984-
EFFECTIVE DATE: September 10, 1984
ORDINANCE NO. 2458
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.AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
JACQUELINE G. PARRETT
, being first duly sworn
on oath deposes and says that the is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 5th day of September , 1984, affiant posted true and
correct copies of the attached Ordinance No. 2458 , passed by the
City Council on the 4th day of September , 1984, at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 5th day of
September
, 1984.
SUR°SCRIBFT AND SWORN to before me this 5th day of
September 19 84.
Notar Public in and for the
State of N shingt , residing
at �