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Ordinance 4232ORDINANCE NO. 4232 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC. WHEREAS, the City Council adopted Ordinance 4210, concerning outdoor dining regulations, on December 15, 2020, as an interim zoning ordinance; and WHEREAS, the Planning Board reviewed this issue at its February 10, 2021, meeting and held a public hearing on March 24th; and WHEREAS, the Council previewed the issue on June 1, 2021 and held a public hearing on July 27, 2021; and WHEREAS, Ordinance 4210 has now expired; and WHEREAS, the ongoing COVID-19 pandemic keeps the desirability of outdoor dining spaces at a high level; and WHEREAS, outdoor dining on commercial properties per Chapter 17.75 ECDC requires a conditional use permit through a hearing examiner process that is more costly and time-consuming to obtain than an ordinary administrative permit; and WHEREAS, City staff have drafted code amendments to allow outdoor dining on commercial properties without a conditional use permit; and WHEREAS, the concepts for amending the permit process for on-site outdoor dining have been incorporated into a set of amendments to Chapter 17.75 of the Edmonds Community Development Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 17.75 of the Edmonds Community Development Code, entitled "Outdoor Dining," is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated herein as if set forth in full (new text is shown in underline; deleted text is shown in sir-ilke thFa, gk). b Section 2. Section 17.70.010 of the Edmonds Community Development Code, entitled "Other temporary buildings," is hereby amended to read as set forth below (new text is shown in underline; deleted text is shown in strike thr-..,g ): Except as provided in ECDC 17.70.030 and 17.75.010, a conditional use permit shall be required to construct a temporary building in any zone. The permit shall be administratively reviewed by staff and shall be valid for a period of one year; provided, however, that said permit may be extended by the development services director for a single one-year extension upon submittal of a written application prior to the expiration of the original permit. All the requirements of the zoning district shall be met. An appeal of the staff decision granting or denying such a permit or extension shall be reviewed by the hearing examiner in accordance with the requirements for any other conditional use permit under Chapter 20.06 ECDC. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance, being an exercise of a power specifically 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: MAYX MIKE NELSON W ATTEST/AUTHENTICATED: IT CLERK, S O ASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: August 20, 2021 PASSED BY THE CITY COUNCIL: August 24, 2021 PUBLISHED: August 27, 2021 EFFECTIVE DATE: September 1, 2021 ORDINANCE NO. 4232 SUMMARY OF ORDINANCE NO. 4232 of the City of Edmonds, Washington On the 24th day of August, 2021, the City Council of the City of Edmonds, passed Ordinance No. 4232. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 17.75 ECDC, ENTITLED "OUTDOOR DINING," AND A RELATED SECTION IN CHAPTER 17.70 ECDC. The full text of this Ordinance will be mailed upon request. DATED this 24th day of August, 2021. C LERK, SCOTT S E Y 4 Edmonds City Code and Community Development Code Chapter 17.75 OUTDOOR DINING EXHIBIT A Chapter 17.75 OUTDOOR DINING Sections: 17.75.010 Outdoor dining — Permitted secondary use. 17.75.020 Outdoor dining — Secondary uses requiring a ^a~d"al use permit. 17.75.030 Outdoor dining buildings or structures. Page 1/2 17.75.010 Outdoor dining — Permitted secondary use. A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in the BN— neighborhood business zone, BC — community business zone, BP — planned business zone, BD — downtown business zone, CW — commercial waterfront zone, CG — general commercial zone, WMU — Westgate Mixed Use, MU — medical use zone, and FVN4U — Firdale Village mixed use zone. When To be established as a permitted secondary use, the outdoor dining area shall sHwenfly eemply eF be pre pese44$comply with at least one of the following criteria: 1. The site is not directly adjacent to any residentially zoned property(ies�.k 2. The site complies with the landscaping requirements found in Chapter 20.13 ECDC along the property line(s) directly adjacent to residentially zoned property(ies-)-.)orr 3. The dining area is screened from adjoining F@-; WPM ' residential l - zoned property(ies) by a building and/or a four -foot wall, hedge, or solid fence. In addition all outdoor dininy, areas shall comply with both of the following criteria: 4. Seating +s -shall be limited to an additional 4-0-5U percent of the existing interior seating of the establishment or X30 seats, whichever is greater. S. Any dining area ad'acent to vehicle parkine shall be separated by landscaping. curb stop. wall or other suitable barrier to serve as a safety barrier. B. For sites directly adjacent to residentially zoned property, the outdoor dining area shall be closed between the hours of 9:00 p.m. and 8:00 a.m. C. Areas utilized for outdoor dining shall comply with setback requirements applicable to the site. Temporary buildings or structures used for the outdoor di ning use do not re uire a separate conditional use permit. D. Seating shall be located outside of public rights-of-way. Seating within public rights-of-way is reviewed as bistro dining pursuant to the requirements of ECDC 18.70.030 or as a streatery pursuant to ECDC 18.70.030. E. No additional parking stalls shall be required for outdoor dining usage. For any outdoor dining area that would utilize existi rkg non -re uired on-site park in spaces- at least one ADA -accessible space must remain or be located on the site. 17.75.020 Outdoor dining — Secondary uses requiring permit. Outdoor dining shall be a secondary use requiring a cenam use permit only if the use includes a component subject to a building or fire permit. Components requiring a building or fire oennit include. but are not limited to. detached.{free-standine-1 structures and structures attached to a buildine. such as awnings, canopies. roofs. and pergolas. Withis the Z......i ..... ed in RGDO 17 7c n 10(A).—This use shall be established and maintained oRVin accordance with the terms of this chapter_ approved by the h .� ., Type 11.1_4.. o - eiirni� `-xan:FiHe!` �,crr-cr�ror, ,�,� i.:.�rruu..., .cYw The Edmonds City Code and Community Development Code is current through Ordinance 4211, passed December 15, 2020. Edmonds City Code and Community Development Code Chapter 17.75 OUTDOOR DINING Page 2/2 . b Pelated to the awdeer din i.... g outside of pub 1 ie b h!S of shall be _..quifed f . tke OUtdOOF linin,,. A ny building or structure such as a service stand fence lanter, kiosk. awninE or other shelter utilized in servine outdoor diners shall ful. ly comply with all yrovisions of Title 19 bui[din and fire codes. a !earn The Edmonds City Code and Community Development Code is current through Ordinance 4211, passed December 15, 2020. The Edmonds City Code and Community Development Code is current through Ordinance 4211, passed December 15, 2020. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being fust duly swom, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH936703 ORDINANCE 4232 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 08/27/2021 and ending on 08/27/2021 and that said newspaper was regularly distributed to its subscribers during all of said period. The l )unt of the fee for such publication is $19.60. ki Subscribed and sworn b me on this day of f Notary Public in and for the State of Washington. City of Edmonds - LEGALADS 114101416 SCOTT PASSEY Q Phillips PudicashingtonExpires 0612912025 Number 4417 assified Proof ORDiN ANC E 15UM MA RY of the Clty of Edmonds. Was hinglon On the 241h day ❑f AV usf. 2021, the City Cvuncll of the City o! Edmorkds, passed the following Ordlrlarlca, the eummmy of adid ordinance cvnslslaq of title is provided as folkm w. OROINM%NO. d232 AN ORDINANCE OF THE CITY aF EDMi,7ND$. WASHINGTON, AMENDING CHAPTER 17.75 ECDC. ENTITLED "OCITDOOR DINING; AND A RELATED SECT[ON IN CHAPTER 17.70 ECDC. Th9 NA IR%t of tints Ordnance wlll be sent Upon request. DATED INs 24th Day of August, 2021. CRYCLERK. SCOTT PASgEY Published: August 27, 2021. EOS936703 Proofed by Phillips, Linda, 08/27/2021 10:52:39 am Page: 2