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Ordinance 4262 CITY OF EDMONDS, WASHINGTON ORDINANCE NO. 4262 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING INTERIM ZONING FOR THE BD ZONES, SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE ORDINANCE, AND LIFTING THE MORATORIUM THAT WAS ESTABLISHED THROUGH ORDINANCE 4247 AND EXTENDED THROUGH ORDINANCES 4253, 4254, AND 4255. WHEREAS, on February 15, 2022, the city council adopted Ordinance 4247, which established a moratorium on the acceptance of building permit applications for BD2 zoned lots that do not front on a designated street front; and WHEREAS, Ordinance 4247 took effect on immediately on February 15, 2022; and WHEREAS, the moratorium adopted by Ordinance 4247 was scheduled to terminate on April 15, 2022; and WHEREAS, the moratorium was extended six days by virtue of Ordinance 4253; and WHEREAS, the moratorium was extended two more times by virtue of Ordinances 4254 and 4255; and WHEREAS, the moratorium extensions were intended to allow planning staff and the city attorney sufficient time to research the history and legislative intent surrounding the BD zones and to carefully evaluate the intent behind the designated street front regulations and the ramifications of possible changes to those regulations, particularly in the BD2 zone; and WHEREAS, that research led to a heightened understanding of the intent behind the BD designated street front map and the BD permitted use table; and WHEREAS, the history suggests that what was seen in 2011 as the logical limits of the downtown commercial core may no longer fit the circumstances of 2022 due to the fact that certain blocks are showing vibrant commercial activity right up to the edges of the designed street front map; and WHEREAS, the city council would like to encourage the continued vibrancy of the downtown commercial core by expanding the limits of the designated street front map to require at least some commercial use of new structures within the expansion area; and WHEREAS, the city council would also like to remove an ambiguity in the permitted use table; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Designated Street Front Map Revision. Map 16.43-1, contained within ECDC 16.43.030, and entitled “Designated Street Front for BD Zones,” is hereby amended to extend the designated street front as shown in Exhibit A, which is attached hereto and incorporated herein by this reference as if fully set forth (extended street fronts are shown in crosshatch). Section 2. BD Permitted Use Table Revision. Table 16.43-1, contained in ECDC 16.43.020, entitled “Uses,” is hereby amended to read as set forth in Exhibit B, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strikethrough). Section 3. Repeal of Moratorium. Ordinance 4247, which had established a moratorium on certain development in the BD2 zone, and Ordinances 4253, 4254, and 4255 which collectively extended that moratorium through June 2, 2022, are collectively hereby repealed. Section 4. Duration of Interim Regulations Adopted in Sections 1 and 2. The interim regulations adopted by sections 1 and 2 of this ordinance shall commence on the effective date of this ordinance. As long as the city holds a public hearing on this ordinance and adopts findings and conclusions in support of its continued effectiveness (as contemplated by Section 5 herein), this ordinance shall not terminate until six (6) months after the effective date, unless it is repealed sooner. Section 5. Public Hearing on Interim Standards. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the city council shall hold a public hearing on this interim ordinance within sixty (60) days of its adoption. In this case, the hearing shall be held on July 19, 2022 unless the city council, by subsequently adopted resolution, provides for a different hearing date. No later ORDINANCE NO. 4262 Exhibit A Edmonds City Code and Community Development Code Page 1/3 The Edmonds City Code and Community Development Code is current through Ordinance 4235, passed October 12, 2021. 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A A Offices A X A A A A Legal/law firms A X A A A A Financial A X A A A A Advising A X A A A A Mortgage A X A A A A Banks (without tellers) A X A A A A Accounting A X A A A A Counseling A X A A A A Architecture A X A A A A Engineering A X A A A A Advertising A X A A A A Insurance A X A A A A Fitness related business (yoga/pilates/gym/fitness club) A X A A A A Service uses A A(2) A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant, microbreweries/distilleries or food service establishment that also provides an on-site retail outlet open to the public A A A A A A Automobile sales and service X X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C X A A A X Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter 4.90 ECC1 A A A A A A Residential Single-family dwelling A X A A A A Multiple dwelling unit(s) – must be located on second floor or behind first 45 feet from sidewalk or rights-of-waysee ECDC 16.43.030.B for further location standards A X A A A A Other Uses Bus stop shelters A A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A A Exhibit B Edmonds City Code and Community Development Code Page 2/3 The Edmonds City Code and Community Development Code is current through Ordinance 4235, passed October 12, 2021. Permitted Uses BD1 BD1 GFSF(1) BD2 BD3 BD4 BD5 Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) A X A A A A Local public facilities, subject to the requirements of ECDC 17.100.050 C C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A A Off-street parking and loading areas to serve a permitted use B X B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B X B B B X Commercial parking lots C X C C C X Wholesale uses X X X C X X Hotels and motels A A A A A A Amusement establishments C C C C C C Auction businesses, excluding vehicle or livestock auctions C X C C C C Drive-in/through businesses (businesses with drive through facilities) X X C A C X Laboratories X X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X X C X X Day-care centers C X C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X X C C A X Medical uses, e.g., A X A A A A Physicians A X A A A A Dental A X A A A A Optometrist (without retail) A X A A A A Physical therapy (without retail) A X A A A A Counseling A X A A A A Other similar medical services A X A A A A Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C X C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C C Outdoor storage, incidental to a permitted use D X D D D D Aircraft landings as regulated by Chapter 4.80 ECC X X D D D D A = Permitted primary use B = Permitted secondary use Exhibit B Edmonds City Code and Community Development Code Page 3/3 The Edmonds City Code and Community Development Code is current through Ordinance 4235, passed October 12, 2021. C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: (1) BD1 Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of-way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD1 Zone GFSF requirements. (2) Services – by appointment uses not providing open door retail/dining/entertainment functions as a primary component of the business are not allowed within BD1 GFSF (first 45 feet). Open door businesses, e.g., real estate offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed. For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. B. Exception to the BD1 GSFS. The owner of a building in the BD1 zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria: 1. The space is less than 500 square feet; 2. The space does not contain direct access to the street or sidewalk; 3. The previous use was a nonconforming use (e.g., not retail); and 4. The space has been vacant for a period of more than six months. [Ord. 3955 § 1 (Att. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3894 § 4, 2012; Ord. 3700 § 1, 2008]. Exhibit B