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Edmonds City Code Supplement 01SUPPLEMENT DIRECTIONS EDMONDS COMMUNITY Updated by: DEVELOPMENT CODE Dated: Supplement No. 1— August 1996 New, reprinted pages included with this supplement are listed by title and page number in the right-hand column below. The left-hand column lists obsolete material that should be removed from the code. Follow the instruction columns in sequence: remove and replace pages as necessary. When completed, insert these directions in a convenient place near the front of the code book. For future reference, the person making these changes may also date and initial this page. This supplement includes ordinances from Ordinance 3087 through 3103. Remove these pages Insert these pages Table of Contents Table of Revised Pages 1-2 ................................................................ 1-2 Title 16 Title 19 Title 20 1............................................................................ 1 23 — 46.................................................. 23 — 44/46 Title 21 Ordinance Table (Revised 8/96) Remove these pages Insert these pages Index 1 4............................................................. 1 4.2 11 — 17........................................................ 11 — 17 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 8/96) 20.1513 Critical Areas......................................................................................... 24 20.18 Group Homes......................................................................................... 43 20.19 Home Day Care...................................................................................... 47 20.20 Home Occupations................................................................................. 49 20.21 Accessory Dwelling Units..................................................................... 52 20.25 Housing for the Low Income Elderly .................................................... 54 20.30 Joint Use of Parking............................................................................... 56 20.35 Planned Residential Development(PRD).............................................. 57 20.40 Rezones.................................................................................................. 62 20.50 Wireless Communications Facilities...................................................... 63 20.55 Shoreline Permits................................................................................ 64.4 20.60 Sign Permits........................................................................................... 65 20.65 Street Map Changes............................................................................... 71 20.70 Street Vacations..................................................................................... 72 20.75 Subdivisions........................................................................................... 75 20.80 Text and Map Changes.......................................................................... 85 20.85 Variances................................................................................................86 20.90 Application Process............................................................................... 87 20.91 Public Hearings and Notice................................................................... 89 20.95 Application and Staff Review................................................................ 92 20.100 Hearing Examiner, Planning Advisory Board and City Council Review.............................................................................. 94 20.105 Appeals and Court Review.................................................................... 98 20.110 Civil Violation - Enforcement Procedure ............................................ 101 Title 21 Definitions 21.00 Definitions - General............................................................................... 3 21.05 "A" Terms ................................................................................................ 3 21.10 " B" Terms ................................................................................................ 5 21.15 "C" Terms ................................................................................................ 6 21.20 "D" Terms ................................................................................................ 8 21.25 «E" Terms ................................................................................................ 9 21.30 " F" Terms................................................................................................. 9 21.35 "G" Terms .............................................................................................. 10 21.40 "H" Terms ........................................................................................... 10.1 21.45 "1" Terms............................................................................................... 12 21.47 " J" Terms............................................................................................... 12 21.50 "K" Terms .............................................................................................. 13 21.55 " L" Terms .............................................................................................. 13 21.60 "M" Terms ............................................................................................. 14 21.75 "O" Terms .............................................................................................. 15 21.80 " P" Terms............................................................................................... 16 21.85 "R" Terms .............................................................................................. 17 Contents-3 (Revised 8/96) 21.90 " S" Terms............................................................................................... 18 21.100 " T" Terms.............................................................................................. 21 21.105 "U" Terms.............................................................................................. 22 21.110 "V" Terms.............................................................................................. 23 21.115 "W" Terms............................................................................................. 23 Tables Index (Revised 8/96) Contents-4 Edmonds Community Development Code Table of Revised Pages TABLE OF REVISED PAGES The following table is included in this code as a guide for determining whether the code volume properly reflects the latest printing of each page. This table will be updated with the printing of each supplement. Through usage and supplementation, pages in looseleaf publications can be inserted and removed in error when pages are replaced on a page -for -page substitution basis. The "Page" column lists all page numbers in sequence. The "Revised Date" column reflects the latest revision date (e.g., "(Revised 8/96)") and printing of pages in the up-to-date volume. A "-" indicates that the page has not been revised since the 1996 republication. This table reflects all changes to the code through Ordinance 3103, passed July 16, 1996. Page Revised Date Preface....................................................................... - Table of Contents 1,2 ............................................................................. - 3, 4.......................................................................... 8/96 Title 15 1................................................................................. 3,4 ............................................................................. 5,6 ............................................................................. - 7, 8............................................................................. - 9, 10........................................................................... - 11, 12......................................................................... - 13, 14......................................................................... - 15, 16......................................................................... - 17, 18......................................................................... - 19, 20......................................................................... - 21, 22......................................................................... - 23, 24......................................................................... - 25, 26......................................................................... - Title 16 1................................................................................. 3,4 ............................................................................. 5,6 .......................................................................... 8/96 7,8 ............................................................................. - 9, 10........................................................................ 8/96 10.1, 10.2................................................................ 8/96 11,12 ......................................................................... - 13, 14...................................................................... 8/96 15,16 ...................................................................... 8/96 17,18 ......................................................................... - 19, 20......................................................................... - 21............................................................................... - Title 17 1................................................................................. 3,4 ............................................................................. 5,6 ............................................................................. 7,8 ............................................................................. 9,10 ........................................................................... - Page Revised Date 11,12 ......................................................................... - 13, 14......................................................................... - 15, 16......................................................................... - 17, 18......................................................................... - 19, 20......................................................................... - 21, 22......................................................................... - 23, 24......................................................................... - 25, 26......................................................................... - 27, 28......................................................................... - 29, 30......................................................................... - Title 18 1................................................................................. - 3, 4............................................................................. - 5, 6............................................................................. - 7, 8............................................................................. - 9, 10........................................................................... - 11, 12......................................................................... - 13, 14......................................................................... - 15, 16......................................................................... - 17, 18......................................................................... - 19, 20......................................................................... - 21, 22......................................................................... - 23, 24......................................................................... - 25, 26......................................................................... - 27, 28......................................................................... - 29, 30......................................................................... - 31, 32......................................................................... - 33, 34......................................................................... - 35, 36......................................................................... - 37, 38......................................................................... - 39, 40......................................................................... - 41, 42......................................................................... - 43, 44......................................................................... - Title 19 1................................................................................. - 3,4 .......................................................................... 8/96 5,6 ............................................................................. - 7, 8.......................................................................... 8/96 9,10 ........................................................................ 8/96 Revisions-1 (Revised 8/96) Table of Revised Pages Page Revised Date 11,12 ........................................................................ - 13, 14........................................................................ - 15, 16........................................................................ - 17, 18........................................................................ - 19, 20........................................................................ - 21, 22........................................................................ - 23, 24........................................................................ - 25, 26........................................................................ - 27, 28........................................................................ - 29, 30........................................................................ - 31, 32........................................................................ - 33, 34........................................................................ - 35, 36........................................................................ - 37, 38........................................................................ - 39, 40........................................................................ - 41, 42........................................................................ - 43, 44........................................................................ - Title 20 1............................................................................. 8/96 3,4 ............................................................................ - 5, 6............................................................................ - 7, 8............................................................................ - 9, 10.......................................................................... - 11, 12........................................................................ - 13, 14........................................................................ - 15, 16........................................................................ - 17, 18........................................................................ - 19, 20........................................................................ - 21, 22........................................................................ - 23, 24..................................................................... 8/96 25,26 ..................................................................... 8/96 27,28 ..................................................................... 8/96 29,30 ..................................................................... 8/96 31,32 ..................................................................... 8/96 33,34 ..................................................................... 8/96 35,36 ..................................................................... 8/96 37,38 ..................................................................... 8/96 39,40 ..................................................................... 8/96 41,42 ..................................................................... 8/96 43, 44/46................................................................ 8/96 47,48 ........................................................................ - 49, 50......................................................................... - 51, 52........................................................................ - 53, 54........................................................................ - 55, 56........................................................................ - 57, 58........................................................................ - 59, 60......................................................................... - 61, 62........................................................................ - 63, 64..................................................................... 8/96 64.1, 64.2............................................................... 8/96 64.3, 64.4............................................................... 8/96 65,66 ........................................................................ - 67, 68........................................................................ - 69, 70...................................................................... 8/96 Page Revised Date 71,72 ......................................................................... - 73, 74......................................................................... - 75, 76......................................................................... - 77, 78......................................................................... - 79, 80......................................................................... - 81, 82......................................................................... - 83, 84......................................................................... - 85, 86......................................................................... - 87, 88...................................................................... 8/96 89,90 ...................................................................... 8/96 90.1, 90.2................................................................ 8/96 91,92 ......................................................................... - 93, 94......................................................................... - 95, 96...................................................................... 8/96 96.1, 96.2................................................................ 8/96 97,98 ......................................................................... - 99, 100....................................................................... - 101, 102..................................................................... - 103, 104..................................................................... - 105, 106..................................................................... - Title 21 1.............................................................................. 8/96 3,4 .......................................................................... 8/96 5,6 .......................................................................... 8/96 7,8 .......................................................................... 8/96 9,10 ........................................................................ 8/96 10.1, 10.2................................................................ 8/96 11,12 ......................................................................... - 13, 14...................................................................... 8/96 14.1, 14.2................................................................ 8/96 15,16 ......................................................................... - 17, 18...................................................................... 8/96 19,20 ...................................................................... 8/96 21,22 ...................................................................... 8/96 23............................................................................ 8/96 Ordinance Tables 1,2 .......................................................................... 8/96 3.............................................................................. 8/96 Index 1,2 .......................................................................... 8/96 3,4 .......................................................................... 8/96 4.1, 4.2.................................................................... 8/96 5,6 ............................................................................. - 7, 8............................................................................. - 9, 10........................................................................... - 11, 12...................................................................... 8/96 13,14 ...................................................................... 8/96 15,16 ...................................................................... 8/96 17............................................................................ 8/96 (Revised 8/96) Revisions-2 Edmonds Community Development Code 16.20.020 7. Private residential docks or piers; 8. Family day care in a residential home; 9. Commuter parking lots that contain less than 10 designated parking spaces in con- junction with a limited community facility meeting the criteria listed under subsection (C)(1) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in ECDC 16.20.010(D)(5), including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. Limited community facilities, located on arterial or collector streets only, including only the following: elementary schools, nurs- ery schools, fire stations, electric substations, pumping stations, water storage, libraries, churches, parks, recreation facilities and bus stop shelters. D. Secondary Uses Requiring a Condi- tional Use Permit. 1. Mini day-care facilities and pre- schools; 2. Guest house; 3. Amateur radio transmitting antenna; 4. Accessory dwelling units; 5. Commuter parking lots with 10 or more designated parking spaces in conjunction with a limited community facility meeting the criteria listed under subsection (C)(1) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street. [Ord. 3090 §§ 1— 3, 1996; Ord. 2673 § 1, 1988; Ord. 2605 § 1, 1987; Ord. 2458 § 1, 1984; Ord. 2352 § 8, 1983; Ord. 2283 § 1, 1982]. 16.20.020 Subdistricts. There are established five subdistricts of the RS zone in order to provide site development standards for areas which differ in topography, location, existing development and other fac- tors. These subdistricts shall be known as the RS-6 zone, the RS-8 zone, the RS-12 zone, the RSW-12 zone, and the RS-20 zone. 16-5 (Revised 8/96) 16.20.030 16.20.030 Table of site development standards. Sub District Minimum Lot Area (Sq. Ft.) Minimum Lot Width Minimum Street Setback Minimum Side Setback Minimum Rear Setback Maximum Height Maximum Coverage (%) Minimum Parking Spaces RS-20 20,000 100' 25' 35'& 10' 25' 25' 35% 1 RS-12 12,000 80' 25' 10' 25' 25' 35% 1 RSW-12 12,000 — 15' 10' 35' 25' 35% 1 RS-8 8,000 70' 25' 7-1/2' 15' 25' 35% 1 RS-6 6,000 60' 20' 5' 15' 25' 35% 1 See Chapter 17.50 ECDC for specific park- ing requirements. Thirty-five feet total of both sides, 10 feet minimum on either side. Lots must have frontage on the ordinary high-water line and a public street or access easement approved by the hearing examiner. 16.20.040 Site development exceptions. A. Average Front Setback. If a block has residential buildings on more than one-half of the lots on the same side of the block, the owner of a lot on that block may use the aver- age of all the setbacks of the existing residen- tial buildings on the same side of the street as the minimum required front setback for the lot. Detached structures such as garages; carports; and uncovered porches, decks, steps and patios less than 30 inches in height, and other uncov- ered structures less than 30 inches in height shall not be included in the "average front set- back" determination. An applicant for such a determination shall provide a drawing which locates the street property line for the entire block, as well as the existing street setbacks of all buildings required to be used for the purpose of calculat- ing the "average front setback." The drawing shall be prepared and stamped by a land sur- veyor registered in the state of Washington. B. Eaves and Chimneys. Eaves and chim- neys may project into a required setback not more than 30 inches. C. Porches and Decks. Uncovered and unenclosed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided that they are no more than 30 inches above ground level at any point. D. Setback Adjustments. Chapter 20.50 ECDC contains a procedure for adjusting dis- tances and locations in special situations. E. Corner Lots. Corner lots have no rear setback; all setbacks other than the street set- backs shall be side setbacks. F. Docks, Piers, Floats. 1. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks. 2. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing decks or piers within 300 feet of the subject dock or pier. 3. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shore- line. 4. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm (Revised 8/96) 16-6 Edmonds Community Development Code 16.30.010 Chapter 16.30 RM — MULTIPLE RESIDENTIAL Sections: 16.30.000 Purposes. 16.30.010 Uses. 16.30.020 Subdistricts. 16.30.030 Site development standards. 16.30.040 Site development exceptions. 16.30.000 Purposes. The RM zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas for a vari- ety of housing types, and a range of greater densities than are available in the single-fam- ily residential zone, while still maintaining a residential environment; B. To provide for those additional uses which complement and are compatible with multiple residential uses. 16.30.010 Uses. A. Permitted Primary Uses. 1. Multiple dwellings; 2. Single-family dwellings; 3. Retirement homes; 4. Group homes for the disabled; 5. Boarding houses and rooming houses; 6. Housing for low income elderly in accordance with the requirements of Chapter 20.25 ECDC; 7. Bus stop shelters. B. Permitted Secondary Uses. 1. All permitted secondary uses in the RS zone, if in conjunction with a single-family dwelling; 2. Home occupations, subject to the requirements of Chapter 20.20 ECDC; 3. The keeping of one domestic animal; 4. The following accessory uses: a. Private parking, b. Private swimming pools and other private recreational facilities, c. Private greenhouses covering no more than five percent of the site in total; 5. Commuter parking lots containing less than 10 designated parking spaces in con- junction with a limited community facility meeting the criteria listed under ECDC 16.20.010(C)(1), except that the facility may also be located along a designated transit route in addition to an arterial or collector street. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall sub- j ect the entire commuter parking lot to a condi- tional use permit as specified in ECDC 16.30.010(D)(3), including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. Offices; 2. Community facilities, including buildings used for community activities and services, such as: a. Schools, colleges, universities, b. Preschools, day-care centers, c. Hospitals, convalescent homes, rest homes, sanitariums, d. Churches, temples, synagogues, e. Fire houses, police stations, f. Electric substations, pumping sta- tions, water storage, drainage facilities, trans- mitting and receiving antennas, g. Parks, playgrounds, pools, golf courses, tennis clubs, lodges, h. Museums, libraries, art galleries, zoos, aquariums, planetariums, i. Counseling centers and residential treatment facilities for current alcoholics and drug abusers. D. Secondary Uses Requiring a Condi- tional Use Permit. 1. Family day-care homes; 2. Mini day-care facilities; provided that: a. Mini day-care facilities shall not be operated from or within a multiple family dwelling unit or combination of units, but 16-9 (Revised 8/96) 16.30.020 b. A permit may be issued for a mini day-care facility to be operated in a separate, nonresidential portion of a multi -family resi- dential dwelling structure operated primarily for the benefit of the residents thereof; 3. Commuter parking lots with 10 or more designated parking spaces in conjunction with a limited community facility meeting the criteria listed under ECDC 16.20.010(C)(1), except that the facility may also be located along a designated transit route in addition to an arterial or collector street. [Ord. 3090 §§ 4, 5, 1996; Ord. 2820 §§ 1, 2, 1991; Ord. 2818 § 1, 1991; Ord. 2673 § 2, 1988; Ord. 2458 § 2, 1984; Ord. 2283 §§ 2, 3, 1982]. 16.30.020 Subdistricts. There are established three subdistricts of the RM zone, in order to provide site develop- ment standards for areas which differ in topog- raphy, location, existing development and other factors. These subdistricts shall be known as the RM-1.5, RM-2.4, and RM-3 zones. (Revised 8/96) 16-10 Edmonds Community Development Code 16.30.040 16.30.030 Site development standards. A. Table. Minimum Lot Minimum3 Area Per Minimum Minimum Minimum Maximum Parking Sub Dwelling Unit Street Side Rear Maximum Coverage (Spaces District (Sq. Ft.) Setback Setback Setback Heights,5 (%) Per Unit) RM-1.5 1,500 15' 10' 15' 25' 45% 2 RM-2.4 2,400 15' 10, 15' 25' 45% 2 RM-3 3,000 150 150 15' 25' 45% 2 1 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height limit have a slope of four inches in 12 inches or greater. Z RS setbacks may be used for single-family homes on lots of 10,000 square feet or less in all RM zones. 3 See Chapter 17.50 ECDC for specific parking requirements. 4 See definition of townhouse. 5 Maximum height for accessory structures if 15 feet. B. Signs and Design Review. See Chapters E. Corner Lots. Corner lots shall have no 20.10 and 20.60 ECDC for regulations. rear setback; all setbacks other than street set- C. Location of Parking. No parking spaces backs shall be side setbacks. [Ord. 2559, 1986; may be located within the street setback. [Ord. Ord. 2526 § 4, 1985]. 2559, 1986; Ord. 2424, 1984]. 16.30.040 Site development exceptions. A. Housing for the Elderly. Housing projects for the elderly are eligible for special parking and density provisions. See Chapter 20.25 ECDC. B. Setback Adjustments. Chapter 20.50 ECDC contains a procedure for adjusting set- back distances and locations in special situa- tions. C. Satellite Television Antenna. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. D. Setback Encroachments. Eaves and chimneys may project into a required setback not more than 30 inches. Uncovered and unen- closed porches, steps, patios, and decks may project into a required setback not more than one-third of the required setback, or four feet, whichever is less; provided that they are no more than 30 inches above the ground level at any point. 16-10.1 (Revised 8/96) This page left intentionally blank. (Revised 8/96) 16-10.2 Edmonds Community Development Code 16.50.010 Chapter 16.50 BC — COMMUNITY BUSINESS Sections: 16.50.000 Purposes. 16.50.010 Uses. 16.50.020 Site development standards. 16.50.030 Operating restrictions. 16.50.000 Purposes. The BC zone has the following specific pur- poses in addition to the general purposes for business and commercial zones listed in Chap- ter 16.40 ECDC. A. To reserve areas for those retail stores, offices, service establishments and amusement establishments which offer goods and services to the entire community; B. To ensure compact, convenient develop- ment patterns by allowing uses that are oper- ated chiefly within buildings; C. To allow for multiple dwelling unit(s) as a secondary use to business uses. [Ord. 2958 § 1, 1993]. 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwelling, as regulated in RS-6 zone; 2. Retail stores, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplo- sive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community -oriented open air mar- kets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrica- tion of goods incidental to a permitted or con- ditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Community facilities, as listed in the RM district; 3. Wholesale uses; 4. Hotels and motels; 5. Amusement establishments; 6. Auction businesses, excluding vehi- cle or livestock auctions; 7. Drive-in businesses; 8. Laboratories; 9. Fabrication of light industrial prod- ucts; 10. Convenience stores. D. Secondary Uses Requiring a Condi- tional Use Permit. 1. Outdoor storage, incidental to a per- mitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3100 § 1, 1996; Ord. 2984 § 1, 1994; Ord. 2958 § 2, 1993; Ord. 2660 § 2, 1988; Ord. 2366 § 8, 1983; Ord. 2283 § 5, 1982; Ord. 2266 § 1, 1982]. 16-13 (Revised 8/96) 16.50.020 16.50.020 Site development standards. A. Table. Minimum Minimum Minimum Maximum Minimum Minimum Street Side Rear Maximum Floor Lot Area Lot Width Setback Setback Setback Height Area BC None None None Nonel Nonel 25'2 3 sq. ft. per sq. ft. of lot area 1 Fifteen feet from lot lines adjacent to R zoned property. 2 Roof only may extend five feet above the stated height limit if all portions of the roof above the stated height have a slope of four inches in 12 inches or greater. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10, and 20.60 ECDC. C. Density. Multiple dwelling units require 3,000 square feet of site area per unit. D. Screening. The required setback from R zoned property shall be permanently land- scaped with trees and ground cover and perma- nently maintained by the owner of the BC lot. A six-foot minimum height fence, wall or solid hedge shall be provided at some point in the setback. E. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. [Ord. 2526 § 6, 1985]. 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be car- ried on entirely within a completely enclosed building, except: 1. Public utilities, and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5. Seasonal farmers' markets. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3103 § 1, 1996]. (Revised 8/96) 16-14 Edmonds Community Development Code 16.55.030 Chapter 16.55 CW — COMMERCIAL WATERFRONT Sections: 16.55.000 Purposes. 16.55.010 Uses. 16.55.020 Site development standards. 16.55.030 Operating restrictions. 16.55.000 Purposes. The CW zone has the following specific purposes in addition to the general purposes listed in Chapter 16.40 ECDC: A. To reserve areas for water -dependent and water -related uses and for uses which will attract pedestrians to the waterfront; B. To protect and enhance the natural fea- tures of the waterfront, and encourage public use of the waterfront; C. To ensure physical and visual access to the waterfront for the public. 16.55.010 Uses. A. Permitted Primary Uses. 1. Marine -oriented services; 2. Retail uses which are either marine - oriented or pedestrian -oriented, excluding drive-in businesses; 3. Clubs with marine -oriented activities; 4. Public marine -oriented parks and rec- reational and educational facilities; 5. Petroleum products storage and dis- tribution; 6. Bus stop shelters; 7. Offices, above the ground floor, excluding medical, dental and veterinary clin- ics. B. Permitted Secondary Uses. 1. Off-street parking and loading in con- nection with a permitted use. C. Secondary Uses Requiring a Condi- tional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 2366 § 9, 1983; Ord. 2307, 1982; Ord. 2283 § 6, 1982]. 16.55.020 Site development standards. A. Table. Minimum Minimum Minimum' Maximum Maximum Lot Area Lot Width Setbacks Height Coverage CW None None 15' landward of 30i2 None bulkheads for buildings; 60' landward of bulk- heads for parking 1 Fifteen feet from lot lines adjacent to R zoned property. 2 Tanks which are part of a petroleum products storage and distribu- tion facility are allowed to be 48 feet in height. B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC. C. Satellite Television Antennas. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050 and reviewed by the architectural design board. [Ord. 2526 § 7, 1985]. 16.55.030 Operating restrictions. A. Enclosed Building. All uses shall be car- ried on entirely within a completely enclosed building except for: 1. Petroleum products storage and dis- tribution; 2. Sales, storage, repair and limited building of boats; 3. Public parks. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. 16-15 (Revised 8/96) 16.60.000 Chapter 16.60 CG — GENERAL COMMERCIAL: CC AND CG2 ZONES Sections: 16.60.000 CC and CG2 zones. 16.60.005 Purposes. 16.60.010 Uses. 16.60.020 Site development standards. 16.60.030 Operating restrictions. 16.60.000 CC and CG2 zones. This chapter establishes the general com- mercial zoning district comprised of two dis- tinct zoning categories which are identical in all respects except as specifically provided for in ECDC 16.60.020(A). [Ord. 2527 § 7, 1985]. 16.60.005 Purposes. The CC and CG2 zones have the following specific purposes in addition to the general purposes for business and commercial zones listed in Chapter 16.40 ECDC: A. To reserve areas where the fewest use restrictions are imposed, in order to allow use allocations to be made by economic and mar- ket forces; B. To reserve areas for those uses which involve outdoor activities and display, fabrica- tion, manufacturing, processing, assembling, heavier truck traffic, and convenient vehicle access to sales area; C. To allow highrise buildings to the maxi- mum intensity possible, subject to specifically defined performance standards; D. To allow areas zoned comparably to the city's CG zone and adjacent to Highway 99, currently within the unincorporated area of Snohomish County to maintain their current building height of 45 feet upon annexation to the city of Edmonds. [Ord. 2527 § 7, 1985]. 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifi- cally prohibited by subsection C of this sec- tion; 2. Any additional use except as specifi- cally prohibited by subsection C of this sec- tion; 3. Mobile homes in planned residential developments; 4. Halfway houses. B. Permitted Secondary Uses. 1. Off-street parking and loading areas to serve a permitted use. C. Prohibited Uses. 1. Residential Uses located within the first or second story of any structure, in areas designated "Highway 99 Commercial Area" or "Commercial Highrise" on the comprehensive plan map. D. Uses Requiring a Conditional Use Per- mit. 1. Community -oriented open air mar- kets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 2. Outdoor storage; 3. Aircraft landings as regulated by Chapter 4.80 ECC; 4. Structures exceeding the prescribed height limit, subject to the provisions con- tained in ECC 16.60.030(B). [Ord. 3100 § 2, 1996; Ord. 2984 § 2, 1994; Ord. 2820 § 3, 1991; Ord. 2615 § 1, 1987; Ord. 2527 § 7, 1985; Ord. 2366 § 10, 1983]. (Revised 8/96) 16-16 Edmonds Community Development Code 19.00.010 Chapter 19.00 BUILDING CODE Sections: 19.00.000 Building code adopted. 19.00.010 Permit issuance. 19.00.030 Drainage and grading. 19.00.040 Covenant for multiple residential buildings. 19.00.050 Demolition permits. 19.00.055 Mobile home installation standards. 19.00.060 Interpretation, appeals and alternate materials. 19.00.070 Fees. 19.00.080 Penalties. 19.00.110 Fully complete application. 19.00.115 Repealed. 19.00.120 Architectural design review — Optional vesting. 19.00.127 Repealed. 19.00.130 Evidence of adequate potable water supply required. 19.00.000 Building code adopted. The 1994 edition of the Uniform Building Code as published by the International Confer- ence of Building Officials (ICBO), including the state amendments set forth in Chapter 51- 30 WAC and Appendix Chapter 3, Divisions 1I, IV and V; Chapter 4, Division III; Chapter 9; Chapter 12, Division 11; Chapter 15; Chapter 19; Chapter 31, Divisions II and III; and Chap- ter 33 is hereby adopted by reference as if fully set forth, as the Building Code of the City of Edmonds. The code shall regulate the erection, construction, enlargement, alteration, equip- ment, use, area and maintenance of buildings and structures in the city; and provide for the issuance of permits and the collection of permit fees. [Ord. 3035 § 1, 1995; Ord. 2890 § 1, 1992; Ord. 2725, 1989; Ord. 2574 § 1, 1985; Ord. 2519, 1985; Ord. 2436 § 2, 1984]. 19.00.010 Permit issuance. Section 106.4 of the 1994 edition of the Uni- form Building Code is hereby repealed and replaced with the following: A. Issuance. The application, plans and specifications filed by an applicant for a permit shall be checked by the building official. The plans may be re- viewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the building official is satisfied that the work described in an application for permit and the plans conform to the requirements of this code and other pertinent laws and ordinances, includ- ing, but not limited to the conditions of approval of subdivisions for all proper- ty having been subdivided as required by Chapter 20.75 ECDC, and that the fees specified in section 107.1 and the fees specified in section 107.2, as amended by ECDC 19.00.070(A), have been paid, he shall issue a permit to the applicant, but not otherwise. When the building official issues the permit, he shall endorse in writing or stamp on both sets of plans and spec- ifications "APPROVED." Approved plans and specifications shall not be changed without written authorization from the building official, and all work shall be done in accordance with the approved plans. B. Partial Permits. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted and approved if the planning director, public works director and fire marshal also approve the issu- ance of the partial permit. C. Retention of Plans. One set of ap- proved plans, specifications and com- putations shall be retained by the building official for a period of not less than 90 days from date of completion 19-3 (Revised 8/96) 19.00.010 of the work covered by the plans. One set of approved plans and specifica- tions shall be returned to the applicant when the permit is issued. This set shall be kept on the building site at all times while the work authorized is in progress. D. Permit Not Issued. Applications for which no permit is issued within 180 days following the date of application or 90 days following approval, which- ever is sooner, shall expire by limita- tion and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building of- ficial may extend the time for action by the applicant for a period not exceed- ing 180 days upon request by the ap- plicant showing that circumstances beyond the control of the applicant have prevented action from being tak- en. No application shall be extended more than once. In order to renew ac- tion on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. E. Validity. The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or any applicable ordinance or law. No permit presuming to give authority to violate or cancel the provisions of this code or other ordinance or law shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifications shall not pre- vent the building official from later re- quiring the correction of errors in the plans and specifications or from pre- venting building construction in viola- tion of this code or of any other ordinance of the city or other applicable law. F. Expiration. Every permit issued by the building official under the provi- sions of ECDC Title 19 shall expire and become null and void one year from the date of issuance except as provided below: 1. Demolition permits required by ECDC 19.00.050 expire 180 days from date of issuance. 2. Permits for moved -in buildings re- quired by ECDC 19.35.000 shall ex- pire 180 days from the date of issuance. Under the expiration of any permit re- ferred to in this section, the applicant shall immediately cease work; howev- er, if the applicant has at least com- menced work under the permit, the applicant may, prior to the expiration of the original permit, which is one year from the date the original permit was granted, apply for a permit extension for one additional year. The permit ex- tension, if granted, shall only be al- lowed once. If the plans and specifications for the permit application are the same as the plans and specifi- cations submitted for the original per- mit application, the permit fee shall be one-half the amount required for a new permit, otherwise the full fee shall be required. Whenever an appeal is filed and a necessary development approv- al is stayed in accordance with ECDC 20.105.020(B), the time limit periods imposed under this section shall also be stayed until final decision. This sec- tion is intended to replace section 106.4.4 of the Uniform Building Code. G. Suspension or Revocation. The building official may, in writing, sus- pend or revoke a permit issued under (Revised 8/96) 19-4 Edmonds Community Development Code 19.00.110 the date of mailing of the written decision of the building official. C. Alternate Materials. Determination of the suitability of materials and types of con- struction may be made by application to the board of appeals pursuant to Chapter 10.15 ECC.* [Ord. 2576, 1986]. *Code reviser's note: Chapter 10.15 ECC has been repealed. 19.00.070 Fees. Section 3310 of Appendix Chapter 33 and section 107.2 of the 1994 edition of the Uni- form Building Code are hereby repealed and replaced with the following: A. Plan -Checking Fee. The amount of the plan -checking fee for grading, ex- cavation and/or fill plans shall be as set in Chapter 15.00 ECDC. Before ac- cepting a set of plans and specifica- tions for checking, the building official shall collect the plan -checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures as indicated elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. B. Grading Permits. A fee for each grading permit shall be paid to the building official as set by Chapter 15.00 ECDC. C. Group R-1 and M-1 Occupancies. Fees for Group R-1 and Group M-1 oc- cupancies shall be as set in Chapter 15.00 ECDC. D. Fences. Fence permit fees shall be as set in Chapter 15.00 ECDC. E. Compliance Inspections. Housing compliance inspection fees shall be as set in Chapter 15.00 ECDC. F. Relocation. Fees for the relocation of a building (moving permit) shall be as set in Chapter 15.00 ECDC. [Ord. 3035 § 4, 1995; Ord. 2436 § 4, 1984]. 19.00.080 Penalties. Section 205 of the Uniform Building Code as adopted herein is hereby amended and set forth as follows: It is unlawful for any person, firm, cor- poration or other organization to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm, corporation or other organization violating any of the provi- sions of the Uniform Building Code as adopted herein, or other provision of this chapter, shall be guilty of a misde- meanor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the Uniform Building Code adopted herein is committed, contin- ued or permitted, and upon the convic- tion thereof of such violation, and each violation thereof such person, firm, corporation or other organization, and the officers, directors and managers thereof, shall be punishable as set forth in ECC 5.50.020. 19.00.110 Fully complete application. In accordance with the provisions of RCW 19.27.095, an applicant's rights shall vest when a fully complete building permit applica- tion is filed. A fully complete building permit application is an application executed by all of the owners of the property for which the appli- cation is submitted or the duly authorized agent(s) for such owners, containing each and 19-7 (Revised 8/96) 19.00.115 every document required under the terms of these ordinances and the Uniform Building Code and substantially complete in all re- spects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from be- ing deemed complete if a good faith attempt has been made to submit a substantially com- plete application containing all required com- ponents. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, sur- veying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan check fees required under the provisions of this chapter and the State Building Code. [Ord. 2769 § 1, 1990]. 19.00.115 Letter of completeness. Repealed by Ord. 3092. [Ord. 3078 § 1, 1996]. 19.00.120 Architectural design review — Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.110, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design review may, at the applicant's option, file a fully complete augmented architectural design review application (hereinafter "augmented ADB application") and vest rights under the provisions of the Edmonds Community Devel- opment Code and the State Building Code as adopted and amended by the city of Edmonds, ECDC Title 19 as then in effect. A. Fully Complete, Augmented Applica- tion for Architectural Design Review. An aug- mented ADB application shall consist of: 1. A complete application for architec- tural design review, executed by each and every property owner of record of the develop- ment site or their duly authorized agent(s), accompanied by the following: a. All fees required by ordinance, including impact mitigation fees to be depos- ited at the time such SEPA requirements become final. b. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage of the development structures and each sepa- rate floor thereof, all setbacks required by ei- ther the zoning code or state building codes, proposed parking configurations, and en- trances and fire exit (if separate). c. Elevation drawings showing the original grade of the site, any proposed alter- ations to grade, the proposed height of the structure and the number of stories. d. A letter executed by all owners of record or their duly authorized agent(s) detail- ing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and suffi- cient, in conjunction with the other materials to determine the occupancy classifications of the Uniform Building Code and the Uniform Fire Code as those codes then in effect. e. A building permit application is described in section 106.3.1 of the 1994 edi- tion of the Uniform Building Code as the same exists or is hereafter amended, and all building permit and plan check fees — provided that the plans required by section 106.3.1 and section 106.3.3 of the 1994 edition of the Uniform Building Code (UBC) as the same exists or is hereafter amended and other engineering doc- uments, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final architectural design board approval, or final approval on appeal. B. Vesting. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; pro- vided: 1. The burden shall be upon the appli- cant to supply all material required by the pro - (Revised 8/96) 19-8 Edmonds Community Development Code 19.00.120 visions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original applica- tion in the event an application is deemed incomplete by the designee of the community services director. Vesting shall occur only when the application is complete. Failure to supplement an incomplete application within 30 calendar days of the date written notifica- tion is mailed, postage paid, in the United States mail to the agent specified in the appli- cation, shall result in forfeiture of all fees paid and the no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The community services director's designee may issue an extension for an addi- tional period, not exceeding 180 days upon a request by the applicant(s) or their agent(s) showing that circumstances beyond the control of the applicant have prevented action from being taken. Such application shall be filed prior to the expiration of the original time period. An extension shall be granted if the architectural design board has not yet consid- ered the application or an appeal thereof is pending. b. The time periods shall run concur- rently with the periods established by section 107.4 of the 1994 edition of the Uniform Building Code (UBC) as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and the Edmonds Community Development Code regarding state environmental review (SEPA). Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final architectural design approval, the applicant shall file the plans and information required by section 107.2 and sec- tion 107.3 of the 1994 edition of the Uniform Building Code (UBC) as the same exists or is hereafter amended. An additional 90 days shall be extended to applicants for developments subject to Chapter 19.05 ECDC relating to building permits within earth subsidence and landslide hazard areas. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan check review and administra- tive process; provided that the following changes shall not be considered "minor," shall forfeit vesting rights, and shall require the fil- ing of a new application: a. Any substantial change not required by the terms of architectural design approval; b. Any increase in excess of five per- cent in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code, particularly the Uniform Building and Fire Codes. 5. If any ADB application is finally de- nied, the applicant can withdraw the project and the building permit and plan check fees paid shall be returned. Such withdrawal shall be in writing. Failure to withdraw an applica- tion prior to the expiration or extension of an application will result in forfeiture of fees as provided in this section and the subsections hereof. 6. Any decision of the city staff regard- ing the application stated in this section and its interpretation shall be appealable only to the Superior Court of Snohomish County by writ of mandamus and is not subject to the provi- sions of Chapter 20.105 ECDC. C. Vesting Limitation. The rights vested by ECDC 19.00.110 and 19.00.120 refer only to zoning and building code rights protected by RCW 19.27.095. These sections shall not be interpreted to create vesting rights not pro- tected by RCW 19.27.095 and shall not be interpreted as a further limitation on the admin- istrative obligations and legislative powers of 19-9 (Revised 8/96) 19.00.127 the city. By way of illustration and not limita- tion, this chapter does not limit: 1. The city council's authority to create local improvement districts; 2. The city council's authority to legis- late life safety requirements that are not required to recognize existing vested rights; or 3. Environmental and shorelines review and mitigation procedures. D. Repealed by Ord. 3092. [Ord. 3092 § 4, 1996; Ord. 3078 § 3, 1996; Ord. 3035 § 6, 1995; Ord. 2769 § 1, 1990]. 19.00.127 Final decision. Repealed by Ord. 3092. [Ord. 3078 § 2, 1996]. 19.00.130 Evidence of adequate potable water supply required. Prior to the issuance of any building permit, the building code official shall require written evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the written notification of a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emer- gency limiting or otherwise restricting the availability of adequate potable water. Appli- cants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a quali- fied laboratory. [Ord. 2979 § 1, 1994]. (Revised 8/96) 19-10 Title 20 REVIEW CRITERIA AND PROCEDURES Chapters: 20.00 Changes to the Comprehensive Plan..................................................3 20.05 Conditional Use Permits.....................................................................4 20.10 Architectural Design Review..............................................................5 20.12 Landscaping Requirements................................................................9 20.15A Environmental Review(SEPA)........................................................13 20.15B Critical Areas....................................................................................24 20.18 Group Homes....................................................................................43 20.19 Home Day Care................................................................................47 20.20 Home Occupations...........................................................................49 20.21 Accessory Dwelling Units................................................................52 20.25 Housing for the Low Income Elderly...............................................54 20.30 Joint Use of Parking.........................................................................56 20.35 Planned Residential Development (PRD)........................................57 20.40 Rezones.............................................................................................62 20.50 Wireless Communication Facilities..................................................63 20.55 Shoreline Permits...........................................................................64.4 20.60 Sign Permits......................................................................................65 20.65 Street Map Changes..........................................................................71 20.70 Street Vacations................................................................................72 20.75 Subdivisions.....................................................................................75 20.80 Text and Map Changes.....................................................................85 20.85 Variances..........................................................................................86 20.90 Application Process..........................................................................87 20.91 Public Hearings and Notice..............................................................89 20.95 Application and Staff Review..........................................................92 20.100 Hearing Examiner, Planning Advisory Board and CityCouncil Review.........................................................................94 20.105 Appeals and Court Review...............................................................98 20.110 Civil Violation — Enforcement Procedure......................................101 20-1 (Revised 8/96) Edmonds Community Development Code 20.15A.300 1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be pre- pared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. 2. The responsible official may deter- mine that the city will contract directly with a consultant for preparation of an EIS, or a por- tion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by the city. 3. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city's cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under paragraphs B(1) or (2) of this section which remain after incurred costs, including overhead, are paid. C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal. D. The city may charge any person for cop- ies of any document prepared under this chap- ter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 2829 § 1, 1991]. 20.15A.300 Forms — Adoption by reference. The city adopts the following forms and sec- tions of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignificance (DNS). 197-11-980 Determination of significance and scoping notice (DS). 197-11-985 Notice of assumption of lead agency status. 197-11-990 Notice of action. 20-23 (Revised 8/96) 20.1513.010 Chapter 20.15B CRITICAL AREAS Sections: 20.1513.010 Legislative findings. 20.1513.020 Definitions. 20.15B.030 Applicability and general procedures. 20.1513.040 Exemptions and exceptions. 20.15B.050 Sequence of actions. 20.1513.060 Classification. 20.1513.070 Standards of approval. 20.15B.080 Development standards — General. 20.15B.090 Development standards — Fish and wildlife habitat conservation zone. 20.15B.100 Development standards — Frequently flooded areas. 20.15B.110 Development standards — Geologically hazardous areas. 20.15B.120 Standards — Streams. 20.1513.130 Development standards — Wetlands. 20.15B.140 Critical areas studies. 20.15B.150 Mitigation. 20.15B.160 Critical areas tracts and notice on title. 20.15B.170 Administration. 20.15B.180 Severability. 20.15B.190 Liberal construction. 20.15B.010 Legislative findings. The purpose of this chapter is to establish special standards for the protection of critical areas in compliance with the provisions of the Washington Growth Management Act of 1990 (Chapter 36.70A RCW and H.B. 2929) and to supplement the development requirements contained in the Edmonds City Code for the purpose of regulating development of lands, based on the existence of critical areas as defined in this chapter. The standards and pro- cedures established in this chapter are intended to protect environmentally critical areas while accommodating the rights of property owners to use their property in a reasonable manner. It has been determined that the city of Edmonds does not contain any natural resource lands as defined by the Growth Management Act. By regulating development and alterations to critical areas and their buffers this chapter seeks to: A. Protect the public, and public and pri- vate resources and facilities from injury, loss of life, property damage or financial losses due to flooding, erosion, landslide, seismic events, soils subsidence or steep slope failure; B. Protect unique, fragile and valuable ele- ments of the environment including streams, wetlands, wildlife and its habitat; C. Mitigate impacts to environmentally critical areas and their buffers that are ex- cepted, allowed, or otherwise authorized under this chapter by regulating alterations in and ad- jacent to them; D. Reduce cumulative adverse environ- mental impacts to water availability, water quality, wetlands, streams and other aquatic resources; E. Alert members of the public, including: appraisers, assessors, owners, potential buy- ers, or lessees, to the development limitations of critical areas and their required buffers; and F. Provide city officials with the informa- tion and authority to protect critical areas and their buffers, and implement the policies of the State Environmental Policy Act, Chapter 43.21 C RCW, the city of Edmonds compre- hensive plan, and the Growth Management Act of 1990. [Ord. 3087 § 2, 1996]. 20.15B.020 Definitions. For purposes of this chapter, the following definitions shall apply: A. "Adjacent" means a development pro- posal within an area up to twice the standard buffer width as established by this chapter for the critical areas. B. "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredg- (Revised 8/96) 20-24 Edmonds Community Development Code 20.1513.020 ing; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing land - forms, vegetation, hydrology, wildlife or wild- life habitat value of critical areas. C. "Best management practices" means a system of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, ani- mal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activi- ties; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteris- tics of critical areas. D. "Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably neces- sary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. E. "City" means the city of Edmonds. F. "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al. 1979). G. "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation. H. "Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures; detailed plans including: func- tional value assessments, detailed landscaping designs, construction drawings, and monitor- ing and contingency plans. I. "Compensatory mitigation" means replacing project -induced critical area or buffer losses or impacts. Compensatory miti- gation can include, but is not limited to, resto- ration or creation of lost or impacted functional values. Enhancement of critical areas may be used for partial compensatory mitigation per the requirements of ECDC 20.15B.150. I "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. K. "Critical areas" for the city of Edmonds means fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, streams, and wetlands, each as defined within this section of this chapter. L. "Critical habitat" means habitat areas associated with endangered, threatened, rare, sensitive, or monitor species as deemed by the state of Washington, Department of Natural Resources, or the U.S. Fish and Wildlife Ser- vice. These habitats, if altered, could reduce the likelihood that the species will maintain and reproduce over the long term. Such habitat areas are documented with reference to lists, categories, and definitions of species promul- gated by the Washington Department of Wild- life (Nongame Data System Special Animal Species) as identified in WAC 232-12-011 or 232-12-014 and in the priority habitat species lists compiled in compliance with WAC 365- 190-080, or by rules and regulations adopted currently or thereafter by the U.S. Fish and Wildlife Service. (See ECDC 20.15B.060 (A)(1)(a).) M. "Developable area" means the area out- side of any critical area and its required set- back or buffer. N. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the 20-25 (Revised 8/96) 20.15B.020 city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right- of-way permit; grading and clearing permit; mixed use approval; planned residential devel- opment; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any subsequently required permit or approval not expressly exempted by this chapter. O. "Enhancement" means an action taken to improve the condition and function of a crit- ical area. In the case of wetland or stream, the term means a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. P. "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Q. Erosion Hazard Areas. (See ECDC 20.15B.060(A)(3)(a).) R. "Existing and ongoing agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and those activ- ities involved in the production of crops or livestock. Activities may include the operation and maintenance of farm and stock ponds or drainage ditches; operation and maintenance of existing ditches, irrigation systems includ- ing irrigation laterals, canals, or irrigation drainage ditches; changes from one type of agricultural activity to another agricultural activity; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring a nonagricultural area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than five years. S. "Fish and wildlife habitat conservation areas" means those areas within the city of Edmonds which provide habitat for state or federally listed rare, endangered, threatened, or sensitive species; for species of local impor- tance as defined by this chapter and identified in the administrative procedures; or for habitat communities of exceptional habitat value inventoried and mapped within the city. (See also ECDC 20.15B.060(A)(1).) T. "Floodplain" means the total area sub- ject to inundation by a "100-year flood". "100- year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. U. Frequently Flooded Areas. (See ECDC 20.15B.060(A)(2).) V. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground- water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. W. "Geologically hazardous areas" means areas that, because of their susceptibility to erosion, landslide, sliding and/or potential seismic instabilities, are not suited to develop- ment consistent with public health or safety concerns. For the city of Edmonds these areas include the following: 1. Erosion Hazard Areas. (See ECDC 20.15B.060(A)(3)(a).) 2. Landslide Hazard Areas. (See ECDC 20.15B.060(A)(3)(b).) 3. Steep Slope Hazard Areas. (See ECDC 20.15B.060(A)(3)(c).) 4. Seismic Hazard Areas. (See ECDC 20.15B.060(A)(3)(d).) X. "Geologist" means a person who has earned a degree in geology from an accredited college or university and has at least five years of experience as a practicing geologist or four years of experience and at least two years of post -graduate study, research or teaching. The (Revised 8/96) 20-26 Edmonds Community Development Code 20.15B.020 practical experience shall include at least three years work in applied geology and landslide evaluation in close association with qualified practicing geologists and geotechnical/civil engineers. Y. "Geotechnical engineer" means a prac- ticing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least four years of pro- fessional employment as a geotechnical engi- neer in responsible charge including experi- ence with landslide evaluation. Z. "Grading" means any one or combina- tion of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. AA. "Habitats of local importance" include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnera- bility to alteration, such as cliffs, shorelines, coastal beaches, mud -flats, eel -grass beds, and wetlands. (See ECDC 20.15B.060(A)(1)(c).) BB. Landslide Hazard Areas. (See ECDC 20.15B.060(A)(3)(b).) CC. "Long-term commercial significance" means the growing capacity, productivity and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of land. DD. "Mitigation" means the use of any or all of the following actions that are listed in descending order of preference: 1. Avoid the impact altogether by not taking a certain action or parts of an action; 2. Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technol- ogy, or by taking affirmative steps to avoid or reduce impacts; 3. Rectify the impact by repairing, reha- bilitating or restoring the affected critical area; 4. Reduce or eliminate the impact over time by preservation or maintenance opera- tions during the life of the development pro- posal; 5. Compensate for the impact by replac- ing, enhancing or providing substitute critical areas and environments; and 6. Monitor the impacts and take appro- priate corrective measures. EE. "Native growth protection easements" (NGPE) means an easement granted to the city for the protection of native vegetation within a critical area or its buffer. FF. "Native vegetation" means vegetation comprised of plant species which are indige- nous to the Puget Sound region and which rea- sonably could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds as defined by the state of Washington or federal agencies. GG. "Natural resource lands" means agri- cultural, forest and mineral resource lands which have long-term commercial signifi- cance. HH. "Noxious weeds" means any plant which when established is highly destructive, competitive or difficult to control by cultural or chemical practices, as further listed in Chapter 16-750 WAC. II. "Qualified critical areas consultant" means a person who has the qualifications specified below to conduct critical areas stud- ies pursuant to this chapter, and to make rec- ommendations for critical areas mitigation. For areas of potential geologic instability, the qual- ified critical areas consultant shall be a geolo- gist or geotechnical engineer. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wet- land biology, and/or hydrology with a mini- mum of two years' field experience with wet- lands and/or streams in the Pacific Northwest. JJ. "Resource lands" means areas with long-term commercial timber, agricultural and mineral values. 20-27 (Revised 8/96) 20.15B.020 KK. "Restoration" means the actions nec- essary to return a stream, wetland or other crit- ical area to a state in which its stability, and functions and values approach its unaltered state as closely as possible. LL. Significant Habitat. (See ECDC 20.15B.060(A)(1)(b).) MM. "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to hab- itat manipulation, or that are game (hunted) species. (See ECDC 20.15B.060(A)(1)(c).) NN. Steep Slope Hazard Areas. (See ECDC 20.15B.060(A)(3)(c).) 00. Seismic Hazard Areas. (See ECDC 20.15B.060(A)(3)(d).) PP. "Streams" means any area where sur- face waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or sur- face water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construc- tion of such watercourse. Streams are further classified into Categories 1, 2 and 3. (See ECDC 20.15B.060(A)(4).) 1. Category 1 Streams. (See ECDC 20.15B.060(A)(4)(a). ) 2. Category 2 Streams. (See ECDC 20.15B.060(A)(4)(b).) 3. Category 3 Streams. (See ECDC 20.15B.060(A)(4)(c). ) QQ. "Stormwater Management Manual" means the Stormwater Management Manual for the Puget Sound Basin by the Washington State Department of Ecology (as included in Chapter 18.30 ECDC). RR. "Urban growth" means growth that makes intensive use of land for the location of buildings, structures and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. Land can be characterized by urban growth when urban growth is located upon it, or the land is located in relationship to an area with urban growth on it as to be appropriate for urban growth. SS. "Vadose zone" means the surface lay- ers of the soils and earth which may contain shallow water tables above permanent ground- water areas. TT. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typi- cally adapted for life in saturated soil condi- tions. Wetlands less than 2,500 square feet in total area are not regulated by this chapter. Wetlands do not include those artificial wet- lands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treat- ment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are fur- ther classified into Categories 1, 2 and 3. (See ECDC 20.15B.060(A)(5).) 1. Category 1 Wetlands. (See ECDC 20.15B.060(A)(5)(a).) 2. Category 2 Wetlands. (See ECDC 20.15B.060(A)(5)(b).) 3. Category 3 Wetlands. (See ECDC 20.15B.060(A)(5)(c).) UU. "Wetland functions" means those nat- ural processes performed by wetlands, such as facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species, maintain - (Revised 8/96) 20-28 Edmonds Community Development Code 20.15B.040 ing the availability and quality of water, acting as recharge and/or discharge areas for ground- water aquifers, and moderating surface water and storm water flows. [Ord. 3087 § 2, 1996]. 20.15B.030 Applicability and general procedures. A. Applicability and Compliance. This chapter establishes regulations and procedures for the protection of lands which contain or are adjacent to critical areas. Compliance with the provisions of this chapter shall be required of all development proposals within the city, as defined in ECDC 20.15B.020(N), except as provided in ECDC 20.1513.040. The city may approve, approve with conditions, or deny any development proposal in order to comply with the requirements and carry out the goals, pur- poses, and objectives of this chapter. In the event any provision of this chapter conflicts with any other applicable law or chapter, that which provides the greatest protection to criti- cal areas shall apply. Prior to fulfilling the requirements of this chapter, the city shall not grant any approval or permission to conduct development or use in critical areas. B. Administrative Procedures. The city planning division may develop and adopt administrative procedures for the purpose of carrying out the provisions of this chapter in a more consistent and prescribed manner. C. Inventory and Mapping. This chapter shall apply to all critical areas located within the city of Edmonds. The city shall conduct an inventory of the critical areas in compliance with the requirements of the Growth Manage- ment Act. Critical areas not mapped are pre- sumed to be present within the city and are protected by the provisions of this chapter. In the event that there is a conflict between a mapped critical area and the criteria set forth in this chapter, the criteria and the site specific conditions shall control. [Ord. 3087 § 2, 1996]. 20.15B.040 Exemptions and exceptions. A. General Exemptions. Except for emer- gencies as outlined in subsection (A)(1) of this section, city planning staff shall review the pro- posed action and determine whether or not the proposal is subject to these exemption provi- sions. For actions identified under subsections (A)(2) through (A)(5) of this section, city plan- ning staff shall waive the requirements of this chapter and any administrative procedures pro- mulgated hereunder for actions which are determined to either not pose any threat to a critical area or its buffer, or which are legally nonconforming buildings, structures or uses which were in place prior to the implementa- tion of this chapter. For actions identified under subsection (A)(1) of this section, city planning staff shall waive the requirements of this chap- ter and any administrative procedures promul- gated hereunder for actions determined by city planning staff to qualify as emergencies iden- tified under subsection (A)(1). 1. Emergencies that threaten the public health, safety and welfare as defined in ECDC 20.110.020(D); 2. Remodeling, reconstruction or replacement of legal structures and improve- ments that do not meet the requirements of this chapter but which are in existence on the date the ordinance codified in this chapter becomes effective; provided, that such activity does not increase the potential impact to critical areas or their buffers; or, in the case of an existing struc- ture or improvement in geologically hazardous areas, does not create the potential of soil movement or risk of harm or damage to exist- ing uses or development, or to the public safety; 3. Normal and routine maintenance or repair of existing utility structures or devel- oped rights -of -way; or installation, relocation, replacement, operation, or alteration of utili- ties within existing public rights -of -way or public easements. Alterations caused to fish and wildlife habitats, streams, or wetlands by utility work within an existing right-of-way must restore the critical areas to, at the least, their former functional value at the completion of the utility construction; 20-29 (Revised 8/96) 20.15B.050 4. Existing and ongoing agriculture as defined in ECDC 20.15B.020(R). Such activi- ties shall not allow critical areas or their buff- ers which are not currently under agricultural use to be converted to agricultural use. Normal and routine maintenance of existing irrigation and drainage ditches shall be exempt except for those ditches used by salmonids; or 5. An application for a building permit for a lot within a development for which criti- cal areas study had previously been prepared; provided, that the previous study contemplated and evaluated the type of development pro- posed to occur on the lot. This exemption does not preclude city staff from conditioning a land division permit pursuant to the requirements of this chapter to require subsequent individual building permit review on specific lots within a subdivision or short plat. B. Public Agency or Utility Exception. If the application of this chapter would prohibit a development proposal essential to its ability to provide service by a public agency or public utility, the agency or utility may apply for an exception pursuant to this section. After hold- ing a public hearing pursuant to ECDC 20.100.010, the hearing examiner may approve the exception if the hearing examiner finds that there is no other feasible alternative to the proposed development with less impact on critical areas, and the proposal minimizes the impact on critical areas. Any decision of the hearing examiner is final unless appealed pursuant to ECDC 20.15B.170(C). Proposals approved for an exception by this section shall be constructed using best management prac- tices as defined within ECDC 20.15B.020(C). C. Reasonable Use Exception. If the appli- cation of this chapter would deny all reason- able use of the property, development may be allowed which is consistent with the general purposes of this chapter and the public interest; provided, that the hearing examiner, after a public hearing, finds: 1. This chapter would otherwise deny all reasonable use of the property; 2. There is no other reasonable use con- sistent with the underlying zoning with less impact on the critical area or its buffer; 3. The proposed development does not pose an unreasonable threat to the public health, safety or welfare on or off the property; 4. Any proposed alteration of the critical area or its buffer is minimized to the extent pos- sible to allow for reasonable use of the prop- erty; 5. The proposed activity complies with all state, local, and federal laws including those related to sediment control, pollution control, floodplain restrictions, and on -site wastewater disposal; 6. The inability to derive reasonable economic use of the property is not the result of actions by the applicant or a predecessor in title in segregating or dividing the property and creating the undevelopable condition after the effective date of the ordinance codified in this chapter; and 7. The applicant may only apply for a reasonable use exception under this subsection if the applicant has also applied for a variance pursuant to ECDC 20.15B.170(A). Any decision of the hearing examiner regarding this reasonable use exception shall be final unless appealed to the city council pur- suant to ECDC 20.15B.170(C). [Ord. 3087 § 2, 1996]. 20.15B.050 Sequence of actions. When an application for a development pro- posal, as defined by this title, is made, the fol- lowing sequence of actions will be required of the applicant and city staff prior to issuance of any development permit. Details of the full sequence of actions will be contained in the administrative procedures for this title. A. Applicant completes and submits a crit- ical areas checklist, as provided in the admin- istrative procedures for this chapter, to planning staff, B. Staff reviews the checklist and deter- mines any requirement for detailed critical area study within two weeks of receipt of the (Revised 8/96) 20-30 Edmonds Community Development Code 20.15B.060 checklist or issues a waiver from further study as outlined in ECDC 20.15B.140; C. If critical areas are determined to be present then there will be a requirement for critical areas study per ECDC 20.1513.140. The development permit application will not be considered complete until the completed critical areas study is submitted; D. City staff will review the critical area study and the development proposal within two weeks of receipt; E. The development permit application shall be conditioned to meet the provisions of this chapter; or, if it is determined that adverse critical area impacts will be authorized to pro- vide for reasonable use of a property, then the applicant shall submit the design of a detailed compensatory mitigation plan per the stan- dards of ECDC 20.15B.150; and F. City staff shall review the proposed com- pensatory mitigation plan to determine accep- tance/denial of the proposed compensation. City staff may request review of the proposal by resource agency staff or a technical consult- ant of their choosing per ECDC 20.15B.140 (E). [Ord. 3087 § 2, 1996]. 20.15B.060 Classification. A. Critical Areas. The following areas, as defined in ECDC 20.1513.020, are classified as critical areas: fish and wildlife habitat conser- vation areas, frequently flooded areas, geolog- ically hazardous areas, streams, and wetlands. 1. Fish and Wildlife Habitat Conserva- tion Areas. Fish and wildlife habitat conserva- tion areas are those areas within the city of Edmonds which provide habitat for state or federally listed rare, endangered, threatened, or sensitive species; for species of local impor- tance as identified in the administrative rules; or for habitat communities of exceptional hab- itat value inventoried and mapped within the city. Aquatic habitats and dependent species such as salmonids are also regulated under ECDC 20.15B.120, relating to streams, and ECDC 20.15B.130, relating to wetlands. Wild- life habitat conservation areas may be classi- fied into the following two classes based on the criteria provided: a. Critical Habitats. i. Known or documented habitat for any species listed by the state or federal pro- cess as rare, endangered, threatened, or sensi- tive. Approximate locations of such habitats will be available for city staff review on maps located at City Hall and provided by the Wash- ington State Department of Wildlife. Mapped locations of habitat for known listed species shall not be made available for public disclo- sure. ii. Streams, rivers, and wetlands used by salmonids. Refer to ECDC 20.15B.120 and 20.15B.130 for further detail. b. Significant Habitats. i. Inventoried and mapped habitat for species identified as having local signifi- cance within the city of Edmonds. Areas may include, for example, specific areas known to be utilized by large numbers of migratory waterfowl; or ii. Habitats of significance within the city of Edmonds as inventoried and mapped during the city's critical area mapping process. c. Habitats and Species of Local Importance. To be determined and defined in locally adopted administrative procedures. 2. Frequently Flooded Areas. Those lands in the floodplain subject to a one percent or greater chance of flooding in any given year. These areas include, but are not limited to: streams, rivers, lakes, coastal areas, wet- lands, and the like. These lands are regulated under Chapter 19.97 ECDC. 3. Geologically Hazardous Areas. Those areas subject to potential erosion, land- slide, and/or potential seismic instabilities, including the following: a. Erosion Hazard Areas. Erosion hazard areas are those areas of the city of Edmonds containing soils that may experience severe to very severe erosion hazard. This group of soils includes, but is not limited to, the 20-31 (Revised 8/96) 20.15B.060 following when they occur on slopes of 15 per- cent or greater: i. Alderwood soils (15 to 25 per- cent slopes); ii. Alderwood/Everett Series (25 to 70 percent slopes); iii. Everett Series (15 to 25 per- cent slopes). b. Landslide Hazard Areas. Land- slide hazard areas are those areas of the city of Edmonds which, by reason of excessively steep slopes, unsatisfactory foundation sup- port, stability or topography, have a risk of earth subsidence and landslide hazard in excess of normal allowances. The 1979 report of Roger Lowe Associates, as amended by the 1985 report of Geoengineers, Inc., and the landslide hazard maps established as a part of said reports, are incorporated by this reference and made a part of this chapter as fully as if herein set forth. Areas designated on said maps, or areas which match the criteria as geo- logical hazard areas as defined by this chapter shall be subject to the requirements of this chapter. Field criteria for identifying landslide hazard areas include the following: i. Any area with slopes of 15 per- cent or greater and impermeable soils (typi- cally silt and clay) frequently interbedded with granular soils (predominantly sand and gravel) and springs or groundwater seepage; ii. Any area which includes areas with significant visible evidence of groundwa- ter seepage, and which also includes existing landslide deposits regardless of slope; iii. Any area which has shown movement during the Holocene epoch (from 10,000 years ago to present) or which is under- lain by mass wastage debris of that epoch as determined by a qualified geologist or geo- technical engineer; iv. Any area potentially unstable as a result of rapid stream incision or stream bank erosion; or v. Any area located on an alluvial fan, presently subject to, or potentially subject to, inundation by debris flow or deposition of stream -transported sediments. c. Steep Slope Hazard Areas. "Steep slope hazard areas" means any ground that rises at an inclination of 40 percent or more within a vertical elevation change of at least 20 feet (a vertical rise of 10 feet or more for every 25 feet of horizontal distance). A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 20 feet of vertical relief. d. Seismic Hazard Areas. Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seis- mically induced landslides, earth adjustments, settlement or soil liquefaction. 4. Streams. "Streams" means any area where surface waters produce a defined chan- nel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. Streams are further classi- fied into Categories 1, 2 and 3 as follows: a. Category 1 Streams. "Category 1 streams" means those streams where the mean annual flow is greater than 20 cubic feet per second and the stream meets the criteria for a "shorelines of the state" under the Edmonds Shoreline Master Program pursuant to Chapter 90.58 RCW. b. Category 2 Streams. "Category 2 streams" means those streams smaller than Category 1 streams and which are perennial; or those that are perennial or ephemeral and are used by salmonids. c. Category 3 Streams. "Category 3 streams" means those streams that are inter- mittent or ephemeral during years of normal rainfall and are not used by salmonids. 5. Wetlands. Wetlands are classified according to the following criteria. Note that the term "class or wetland class" as defined in ECDC 20.15B.020 refers to the U.S. Fish and Wildlife Service classification of wetlands based on vegetative communities. The rating of a wetland is determined by evaluating the (Revised 8/96) 20-32 Edmonds Community Development Code 20.15B.070 entire wetland in question, not just that portion located on the property in question. a. Category 1 Wetlands. "Category 1 wetlands" means wetlands which meet any of the following criteria: i. The presence of species listed by the federal government or state as endan- gered or threatened, or the presence of critical or outstanding habitat for those species; or ii. Wetlands having 40 percent to 60 percent permanent open water in dispersed patches with two or more classes of vegeta- tion; or iii. Wetlands equal to or greater than five acres in size and having three or more wetland classes, one of which is open water; or iv. The presence of plant associa- tions of infrequent occurrence. These include, but are not limited to, mature forested commu- nities and bog systems. b. Category 2 Wetlands. "Category 2 wetlands" are wetlands that do not qualify as Category 1 wetlands and that meet any of the following criteria: i. Wetlands greater than one acre in size; or ii. Wetlands equal to or less than one acre and greater than 2,500 square feet and having two or more wetland classes; or iii. Wetlands equal to or less than one acre and greater than 2,500 square feet that have a forested wetland class; or iv. The presence of heron rooker- ies or raptor nesting trees. c. Category 3 Wetlands. "Category 3 wetlands" means wetlands that are equal to or less than 1 acre and greater than 2,500 square feet and that have one wetland class. [Ord. 3087 § 2, 1996]. 20.15B.070 Standards of approval. No alteration of critical areas or their buffers shall be permitted unless the city grants an exemption or an exception pursuant to ECDC 20.1513.040 or a variance pursuant to ECDC 20.15B.170(A). In addition, the project must follow the prescribed sequencing of mitigation as outlined within ECDC 20.1513.150. Any permitted alteration of critical areas or their buffers shall comply with the requirements of this title. A. Regulated Activities. Any development proposal, as defined by this chapter, which may impact critical areas or their buffers shall be subject to the conditions and requirements of this chapter. Such regulated activities shall be undertaken following the sequence of mitiga- tion established within ECDC 20.1513.150. The following activities within critical areas or their buffers shall be regulated pursuant to this chapter: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table; 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of the vegetation of wetlands, wildlife habitat areas, streams, or their buffers through clearing, har- vesting, spraying of herbicides, shading, inten- tional burning, or planting of vegetation that would alter the character of a critical area; pro- vided, that these activities are not part of a for- est practice governed under Chapter 76.09 RCW and its rules; 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of water sources, including quantity, or the introduction of pollutants including chemical herbicides, fungicides, pesticides, or excess nutrients; and 9. Activities which bring critical areas which are not currently in existing or ongoing agricultural use into agricultural use. [Ord. 3087 § 2, 1996]. 20-33 (Revised 8/96) 20.1513.080 20.15B.080 Development standards — General. A. Any development proposal on a site which is within, includes, or is adjacent to any critical areas must be planned, designed and appropriately mitigated so as to demonstrate conformance with the purposes of this chapter. No alteration of critical areas or their buffers shall be permitted unless the city grants an exemption or exception pursuant to ECDC 20.15B.040, a variance granted pursuant to ECDC 20.15B.170(A) or as provided below for the specific category of critical area. In addition, the following standards may be required for all critical areas: 1. Sequencing clearing and grading activities to minimize areas of disturbance and allowing for clearing only during the dry sea- son of May 1 st through September 30th; 2. Limiting vegetation removal and mandating vegetation retention; 3. Requiring temporary fencing of clear- ing limits around critical areas and their buff- ers prior to any land clearing commencing on - site; 4. Requiring buffers established pursu- ant to the development standards established by this chapter; 5. Requiring additional building set- backs or the establishment of critical areas as natural open spaces; 6. Limiting or reducing the types or den- sities of particular uses; 7. The preparation of specific site man- agement plans for temporary sedimentation, erosion control, or other purposes; or 8. Site restoration to, at the least, the preexisting conditions. B. Buffers. 1. General. The city shall have the authority to require buffers on critical areas dependent upon the sensitivity of the critical area, the degree of anticipated impact, and the proposed land use adjacent to the critical area. Buffer requirements for each specific type of critical areas are contained within the develop- ment standards sections which follow. 2. Averaging. Standard critical area buffers may be modified, by city planning staff, on a case -by -case basis. Avenging buffer widths may be authorized only where the applicant demonstrates all of the following: a. That averaging is necessary to pro- vide reasonable use of the property (refer to ECDC 20.15B.040(C)(1) to (6) for definition of "Reasonable Use"); b. That the critical area contains vari- ations in sensitivity due to existing physical characteristics and that reduction from stan- dard buffer widths will occur only immedi- ately next to the portion of the critical area determined to be least sensitive; c. That low intensity land uses would be located immediately next to areas where buffer width is reduced, and that such low intensity land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; d. That width averaging will not adversely impact the critical area's functional values; and e. That the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance, except where a pre- viously existing legal encumbrance exists, shall the buffer width be reduced to less than 50 percent of the standard buffer width required. When a buffer is reduced, a buffer enhance- ment plan using native vegetation and fencing where appropriate must be reviewed and sub- mitted for the area of remaining buffer. The purpose of the buffer enhancement plan is to improve the function of the buffer to provide adequate protection to the critical area. 3. Increasing. Standard buffers may be increased on a case -by -case basis when plan- ning staff or their representative determines that a larger buffer is necessary to protect the critical area functions and values known to be particularly sensitive to disturbance. A sub- stantiated determination, prepared by staff or (Revised 8/96) 20-34 Edmonds Community Development Code 20.1513.090 their representative, shall be attached as a per- mit condition and shall demonstrate that: a. A larger buffer is necessary to maintain viable populations of existing spe- cies; or b. The critical areas are used by spe- cies proposed or listed by the federal govern- ment or the state as endangered, threatened, rare, or sensitive; that critical or outstanding potential habitat for those species is present; or that nesting sites such as heron rookeries or raptor nesting trees are present in the critical areas or their buffers; or c. The critical areas located within 25 feet of the toe of slopes equal to or greater than 40 percent. Such buffers may be increased to include the top of slopes determined to be ero- sion hazards; or d. The land use which is proposed is incompatible with the critical areas in ques- tion. C. Building Setback Lines. A building set- back line of 15 feet is required from the edge of any buffer to prevent construction intru- sions into the buffer. The setback shall be iden- tified on the site plan which is filed as an attachment to the notice on title required by ECDC 20.15B.160(B). D. Authority to Condition or Deny. In addi- tion to its general authority under this chapter and any other applicable law or chapter, the city may condition or deny a development pro- posal if it is determined that the development proposal will increase the potential of soil movement or otherwise result in an unaccept- able risk of injury to persons or damage to the structure, site or adjacent properties; or will result in an unacceptable risk of significant harm to critical areas or their functional values. The city further shall have the authority to impose conditions for critical areas as provided in ECDC 20.1513.080 through 20.1513.130. E. Construction Monitoring. The city may require that a qualified critical areas consult- ant, at the direction of the city, monitor the development proposal site during construction at the applicant's expense. The qualified criti- cal areas consultant shall monitor compliance with the conditions or restrictions imposed by the city department of community services. The conditions imposed by the city may be based on the recommendations in the critical areas study conducted per the requirements of ECDC 20.1513.140 or a mitigation plan con- ducted per the requirements of ECDC 20.15B.150. The city may require the qualified critical areas consultant to make written, dated moni- toring reports on the progress of the construc- tion at such timely intervals as may be specified. The city may require a final state- ment from the qualified critical areas consult- ant that, in his or her professional opinion, based upon site observations and testing dur- ing the monitoring of the construction, the completed development substantially com- plies with the recommendations in the critical areas study and all conditions of approval. F. Assurance Devices. The city may require appropriate assurance devices, such as perfor- mance bonds, in a form approved by the city attorney whenever the city determines that the public interest would not be served by the issu- ance of a permit in critical areas without some assurance of a means of providing for restora- tion of such areas or repair of property damage that may be caused by construction in such areas. Performance bonds may be required for an amount equal to 120 percent of the esti- mated costs of designing and constructing the required compensation. [Ord. 3087 § 2, 1996]. 20.1513.090 Development standards — Fish and wildlife habitat conservation zone. These areas are to be conserved for the man- agement and maintenance of fish and wildlife habitat. Wildlife habitat conservation zones may overlap with other identified critical areas within the city of Edmonds. Likely areas of overlap include frequently flooded areas, geo- logically hazardous areas, streams, and wet- lands. 20-35 (Revised 8/96) 20.1513.100 Activities allowed in fish and wildlife habi- tat areas shall be consistent with the species located there and all applicable state and fed- eral regulations regarding the species. City planning staff shall defer administration and enforcement of fish and wildlife habitat area protection measures to the appropriate state or federal agency responsible for administering said protection measures. Development in these areas shall be in accordance with the requirements of the underlying zone and any overlapping critical areas classification. [Ord. 3087 § 2, 1996]. 20.15B.100 Development standards — Frequently flooded areas. Standards for frequently flooded areas shall meet the requirements of Chapter 19.97 ECDC, Flood plain management. [Ord. 3087 § 2, 1996]. 20.1513.110 Development standards — Geologically hazardous areas. A. Buffers. Buffers for geologically hazard- ous areas shall be 50 feet in width, they shall be maintained with their native vegetation, and, where appropriate, be placed within the critical areas tract. This 50-foot buffer require- ment may be reduced to 10 feet by the director or his/her designee upon review of critical areas study prepared pursuant to ECDC 20.15B.140 (A) by a licensed geologist or geo- technical engineer which clearly demonstrates that the proposed buffer alteration will have no adverse impact upon the site, the public or any private party. "Adverse impact" shall include but not be limited to a decrease in site stability as defined in Chapter 19.05 ECDC. Such report shall be certified in a form suitable for filing with the Snohomish County recorder and gen- erally comply with the provisions of this chap- ter as well as the geotechnical report require- ments of Chapter 19.05 ECDC. Staff approval or disapproval of proposed buffer reductions shall be subject to appeal pursuant to the pro- visions of ECDC 20.105.010(A)(4). B. Erosion Hazard Areas. Alterations within identified erosion hazard areas shall not be authorized without an approved erosion control plan pursuant to Chapter 18. 30 ECDC, which includes staged clearing, where appro- priate. Clearing or disruption of the soils within an erosion hazard area shall be kept at the minimum necessary to provide reasonable use of the site. C. Landslide Hazard Areas. Landslide haz- ard areas located on slopes less than 40 percent shall only be approved to be altered if both of the following provisions are met: 1. Proposed development will not de- crease slope stability on any adjacent property; and 2. The landslide hazard to the project and adjacent property is eliminated or miti- gated such that the proposed development on the site is certified as stable by a licensed pro- fessional geologist or geotechnical engineer. Any landslide hazard area and its buffer which combined are greater than one acre in size shall be placed in critical areas tract for any proposed master plan development, subdivi- sion, short subdivision, or planned residential development, pursuant to ECDC 20.1513.160. Where alterations are authorized city staff shall determine whether the remaining portion(s) of the landslide hazard area shall be placed within critical areas tract. Landslide areas located on slopes greater than 40 percent shall be regulated pursuant to ECDC 20.15B.I IO(D). D. Steep Slope Hazard Areas. No develop- ment or alteration shall be allowed in steep slope hazard areas unless the city grants an exemption or exception pursuant to ECDC 20.1513.040, a variance is granted pursuant to ECDC 20.15B.170(A), or unless the develop- ment or alteration is one of the following: 1. Surface water conveyance designed to the best available technical standard, such as the Stormwater Management Manual, ap- proved by the city. Installation shall absolutely minimize disturbance to the slope, soils and vegetation; (Revised 8/96) 20-36 Edmonds Community Development Code 20.1513.120 2. Trails construction designed to the best available technical standard approved by the city. Technical standards are provided in the U.S. Forest Service "Trails Management Handbook" (FSH 2309.18, 1987) and "Stan- dard Specifications for Construction of Trails" (EM-7720-102, 1984). In no case shall trails be constructed of impervious materials which would contribute to surface water runoff, unless such materials are necessary to provide for soil stabilization or erosion control, and trail design assures that surface water runoff will not increase or contribute to erosion and sedimentation; 3. Utility construction by private or pub- lic proponents may be allowed; provided, that city staff determines upon review of a critical areas study that the proposed alteration shall not subject the steep slope to the risk of land- slide or erosion; 4. Trimming and limbing of vegetation on steep slopes may be allowed if a clearing plan is provided for review and approval by the city; and provided, that the soils within the steep slope area are not disturbed to subject the area to the risk of erosion. Clearing shall be subject to the requirements of Chapter 18.45 ECDC. E. Seismic Hazard Areas. Development proposals for sites containing a potential seis- mic hazard area shall only be authorized by staff to alter the seismic hazard area when the applicant documents that: 1. A technical evaluation of the site's specific subsurface conditions indicates that the site is not located within a seismic hazard area; or 2. Mitigation is implemented which ren- ders the proposed development as stable as if it were not located within a seismic hazard area. City staff may rely upon independent review of the technical analysis of site condi- tions pursuant to Section 20.15B.140(E). [Ord. 3087 § 2, 1996]. 20.15B.120 Standards — Streams. No alteration to a stream or buffer shall be permitted unless the city grants an exception pursuant to ECDC 20.1513.040 or unless one of the following applies. In all cases of stream alteration, crossing, or proposed work within the channel, all city, state, and federal regula- tions shall apply. Based on the definitions within ECDC 20.1513.020, at the time of adop- tion of this chapter, the city of Edmonds does not contain any Class I streams; language regarding these streams is present in order to regulate those Class 1 streams which the city may at some point incorporate into its jurisdic- tion. A. Required Buffers. Buffers for streams shall be measured on each side of the stream, from the top of the bank. The following are the standard buffers for streams: 1. Category 1 streams and Category 2 streams with salmonids shall have a 50-foot buffer. 2. Category 2 streams shall have a 25- foot buffer. 3. Category 3 streams shall have a 10- foot buffer. B. Stream Crossings. For Category I streams, crossings may be allowed only if all reasonable construction techniques and best management practices are used to avoid distur- bance to the stream bed or bank. Upon comple- tion of construction, the area affected shall be restored to an appropriate grade, replanted with native species and/or otherwise protected according to a plan approved by the planning official, and maintained and monitored per the requirements of ECDC 20.15B.150(B). For all categories of streams, the applicant must dem- onstrate that best management practices will be used during construction to provide the follow- ing: 1. Fisheries protection, including no interference with fish migration or spawning; 2. All crossings shall be constructed during summer low flow periods and shall be timed to avoid stream disturbance during peri- ods when stream use is critical to salmonids; 20-37 (Revised 8/96) 20.15B.120 3. Crossings shall not occur over salmo- nid spawning areas unless no other possible crossing site exists; 4. Crossings and culverted portions of the stream shall be minimized to the extent fea- sible and serve multiple purposes and multiple lots whenever possible; 5. Roads may cross streams only on pre- viously approved rights -of -way, provided no practical alternative exists and adequate provi- sion is made to protect and/or enhance the stream through appropriate mitigation. Roads shall be designed and located to conform to topography, and maintained to prevent erosion and restriction of the natural movement of groundwater as it affects the stream; 6. Roads and utilities shall be designed in conjunction to minimize the area of distur- bance to the stream; and 7. Roads shall be constructed so as to minimize adverse impacts on the hydrologic quality of the stream or associated habitat to a degree acceptable to the city. C. Stream Relocation. Relocation of a stream to provide greater reasonable use of a property shall only be authorized under the fol- lowing conditions: 1. Category 1 streams shall not be relo- cated; 2. Category 2 streams shall not be relo- cated except for public road projects which have been authorized by the public agency or utility exception process set out in ECDC 20.15B.040(B); and 3. Category 3 streams may be relocated under a mitigation plan for the purpose of enhancement of in -stream resources; provided all appropriate floodplain protection measures are used, and the requirements of the Storm - water Management Manual, and all other applicable permit and code requirements have been met. D. Trails. After reviewing the proposed development and technical reports, city plan- ning staff may determine that a pedestrian -only trail may be allowed in the outer 25 percent of a stream buffer; provided nonimpervious sur- face materials are used, all appropriate provi- sion is made to protect water quality, and all applicable permit requirements have been met. No motorized vehicles shall be allowed within a stream or its buffer except as required for nec- essary maintenance or security. Vegetative edges, structural barriers, signs or other mea- sures must be provided wherever necessary to protect streams by limiting vehicular access to designated public use or interpretive areas. Access areas must incorporate design fea- tures and materials which protect water quality and allow adequate surface and groundwater movement, and must be located so as not to disturb nesting, breeding, and rearing areas. E. Stream Channel Stabilization. Stream channel stabilization may be allowed only when movement of the stream channel threat- ens existing residential or commercial struc- tures, public improvements, unique natural resources, or the only possible existing access to a legal lot. Channel stabilization must be done in compliance with the provisions of this title and other applicable city, state and federal codes and regulations. F. Drainage Ditch Maintenance. When drainage ditches that carry salmonids are maintained it shall be conducted with the use of best management practices developed in consultation with resource agencies with expertise and/or jurisdiction. These features may be regulated as Category 2 streams pursu- ant to the requirements of this chapter. G. Development Conditions. Conditions on development proposals involving streams and their associated buffers may include, among other things, the following; provided nothing herein shall be construed to otherwise limit the city's authority to impose conditions designed to meet the purposes and objectives of this title: 1. Sequencing clearing and grading activities to minimize areas of disturbance; 2. Limiting vegetation removal and mandating vegetation retention; 3. Requiring buffers established pursu- ant to the development standards established by this title; (Revised 8/96) 20-38 Edmonds Community Development Code 20.15B.130 4. Requiring additional building set- backs or the establishment of critical areas tracts and/or native growth protection ease- ments pursuant to ECDC 20.15B.160; 5. Limiting or reducing the types or den- sities of particular uses; 6. Requiring the preparation of specific site management plans for temporary sedimen- tation, erosion control, or other purposes; or 7. Requiring site restoration. [Ord. 3087 § 2, 1996]. 20.15B.130 Development standards — Wetlands. Alteration to wetlands and their buffers shall only be allowed pursuant to the provi- sions of ECDC 20.15B.040 or as provided below. Any authorized alteration of a wetland must follow the prescribed sequencing of mit- igation as outlined in ECDC 20.15B.150. Impacts to wetlands or their buffers shall be compensated for at the replacement ratios specified in ECDC 20.15B.130(D), and pursu- ant to compensatory mitigation plan as required within ECDC 20.15B.150. A. Alterations. 1. Category 1 Wetlands. No alteration to Category 1 wetlands shall be authorized unless the city grants an exemption or exception pur- suant to ECDC 20.1513.040 or a variance is granted pursuant to ECDC 20.15B.170. Cate- gory 1 wetlands or their buffers shall not be used for stormwater management purposes including engineered retention/detention or constructed biofiltration features such as bio- swales. Conveyance of pretreated stormwater may be allowed to pass through the buffer into the Category 1 wetland if the manner of con- veyance mimics that found in the natural buffer condition, i.e., infiltration and/or sheet flow. 2. Category 2 Wetlands. No alteration to Category 2 wetlands shall be authorized unless the city grants an exemption or exception pur- suant to ECDC 20.1513.040 or a variance is granted pursuant to ECDC 20.15B.170(A). Category 2 wetlands shall not be used for stormwater management purposes including retention/detention unless such use is part of a publicly designed and funded program to con- trol identified stormwater problems for the greater public good or a program installed pur- suant to a private development permit which is constructed to public standard, consistent with city policy such as a basin study and dedicated to and accepted for public use. When use of Category 2 wetlands for reten- tion/detention purposes is authorized, all requirements of the Stormwater Management Manual shall be met, and the proposal and design is in compliance with the latest findings of the Puget Sound Wetlands Research Project, and the applicant demonstrates to the satisfaction of city planning staff that no adverse impacts will occur to the functional values of the wetland. Treatment of stormwater for water quality concerns shall not be allowed within the buff- ers of Category 2 wetlands. Conveyance of stormwater may be allowed through the buffer if, upon review of the project design, staff determines that the proposed conveyance method poses a minimum risk to the function and value of the buffer and no adverse impacts are posed to the wetland itself. 3. Category 3 Wetlands. The following use of Category 3 wetlands for stormwater management and conveyance shall apply: veg- etation -lined swales designed for stormwater management may be placed within the outer 25 percent of the buffer when topographic con- straints determine there are no other upland alternative locations. Swales used for convey- ance of stormwater may be placed through the buffer only if that is shown to be the most effective and nonimpacting manner to convey pretreated stormwater into the wetland. Cate- gory 3 wetlands shall not be used for the treat- ment of stormwater for water quality. B. Wetland Edge Delineation. The Federal Manual for Identifying and Delineating Juris- dictional Wetlands (1987) shall be used for conducting wetland delineations for the requirements of this title. Data collected dur- ing a delineation study shall be included as part 20-39 (Revised 8/96) 20.1513.140 of the wetland study requirements for ECDC 20.15B.140(C). C. Required Buffers. The following buffers shall be required for wetlands based on the cat- egory of wetland as outlined in ECDC 20.15B.060(A)(5). The city may allow buffer averaging per the requirements and limitations within ECDC 20.15B.080(B)(2). Buffer conditions shall prohibit or limit the removal or alteration of existing vegetation in the buffer areas as necessary to preserve the functions of the wetland. Any disturbance of the buffer areas shall be replanted with a diverse plant community of native vegetation appropriate for the site approved by the city. Category 1 — 100-foot; Category 2 — 50-foot; Category 3 — 25-foot. D. Replacement Ratios. Any person who alters or proposes to alter a wetland or its buff- ers shall restore or create equivalent or greater areas of wetland or buffer than those altered in order to compensate for wetland or buffer losses. The following ratios apply to creation or restoration which is in -kind, on -site, and timed prior to or concurrent with alteration. These ratios do not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands which are required to be replaced (created) and the second specifies the acreage of wetlands altered (lost). Category 1: 6:1 Category 2: forested 3 :1 shrub 2:1 emergent 1.5:1 Category 3: 1.25:1 [Ord. 3087 § 2, 1996]. 20.15B.140 Critical areas studies. A. Required. When an application for a development proposal on a site that includes, is adjacent to, or could significantly impact critical areas is proposed, city staff shall require the submission of a critical areas study, prepared by a qualified consultant, pursuant to the requirements of this section. Staff shall make a determination whether the develop- ment proposal site includes, is adjacent to, or faces potentially significant impacts to critical areas or their buffers. That determination shall be rebuttable and the decision of the director that any area lies within critical areas or their buffers shall be appealable as a staff decision in accordance with provisions of ECDC 20.105.010(A)(3). B. Waivers. When staff determines, based on review of the critical areas checklist, a pre- liminary field investigation, and the review of technical information available to staff, that: 1. There will be no alteration of the crit- ical areas or its required buffers pursuant to the requirements of this chapter; 2. The development proposal will not impact the critical areas in a manner contrary to the goals, purposes, objectives and require- ments of this chapter; and 3. The development proposal meets the minimum standards of this chapter; then 4. Staff may waive the requirement for a more detailed critical areas study. In no case may staff waive the need for a detailed compensatory mitigation plan if criti- cal areas impacts are identified, unless the applicant is proposing to use a plan already reviewed and approved by staff which meets the criteria and standards of this chapter. C. Critical Areas Studies — Contents. When it is determined by the staff of the city that a critical areas study is required for a develop- ment activity proposal, the minimum criteria for study content specific to each critical areas type will be required. Detailed criteria will be provided within the administrative procedures for this chapter. When proposing compensa- tory mitigation designs, additional detailed studies will be required. D. City -Approved Critical Areas Consult- ant. Promptly following the effective date of the ordinance codified in this chapter, and at the beginning of every calendar year thereaf- ter, the city shall issue a request for qualifica- tions and proposals from qualified critical (Revised 8/96) 20-40 Edmonds Community Development Code 20.1513.150 areas technical consultants for the purpose of identifying qualified consultants for the city. An applicant may choose one of the qualified technical consultants on the city's approved list in preparing critical areas studies per the requirements of this chapter or may apply to utilize an alternative consultant. If an alterna- tive consultant is approved he/she should be added to the approved list. An alternative con- sultant shall meet all criteria for inclusion on the city's list of approved consultants. The applicant, the consultant, and the city shall enter into a three party contract for the purpose of conducting the critical areas study. All costs associated with the critical areas study shall be born by the applicant. E. Independent Review. Based on a review of the information contained in the critical areas study and the conditions of the develop- ment proposal site, the planning official may require independent review of any such study. This independent review shall be performed by a qualified technical consultant selected by the city and paid for by the city. The purpose of such independent review is to provide the city with objective technical assistance in evaluat- ing the accuracy of submitted reports and/or the effects on critical areas which may be caused by a development proposal and to facil- itate the decision -making process. Staff may have technical assistance provided by appro- priate resource agency staff if such assistance is available in a timely manner. [Ord. 3087 § 2, 1996]. 20.1513.150 Mitigation. A. Mitigation Sequence. As defined in this chapter, mitigation includes avoiding, mini- mizing or compensating for adverse impacts to critical areas or their buffers. When a proposed development activity poses potential adverse impacts to critical areas or their buffers the fol- lowing prioritized sequence of mitigation shall be followed: 1. Avoid the impact altogether by not taking a certain action or parts of an action; 2. Minimize impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technol- ogy, or by taking affirmative steps to avoid or reduce impacts; 3. Rectify the impact by repairing, reha- bilitating or restoring the affected environ- ment; 4. Reduce or eliminate the impact over time by preservation and maintenance opera- tions during the life of the action; 5. Compensate for the impact by replac- ing, enhancing, or providing substitute resources or environments; and 6. Monitor the impact and the compen- sation project and taking appropriate correc- tive measures. B. Compensatory Mitigation. As a condi- tion of any permit allowing alteration of criti- cal areas or their buffers, or as an enforcement action pursuant to ECDC 20.15B.170(B), the city shall require that the applicant shall pro- vide compensatory mitigation in the form of restoration, recreation or creation of the criti- cal areas and their buffers in order to offset the impacts resulting from the applicant's or viola- tor's actions. The minimum overall goal of compensatory mitigation shall be no net loss of the function and size of the critical areas. Enhancement of existing significantly degraded wetlands or streams may be consid- ered for partial compensation. When enhance- ment of an existing significantly degraded wetland or stream is proposed as compensation for the loss of existing functional wetland(s) or stream(s), the replacement ratios as provided within ECDC 20.15B.130(D) shall be doubled. Compensation shall be completed prior to wet- land or stream alteration, where possible. Compensatory mitigation for streams, wet- lands, and wildlife habitat conservation areas shall follow an approved compensatory miti- gation plan pursuant to ECDC 20.15B.150, with the replacement ratios specified in ECDC 20.15B.130(D) and shall meet the following minimum performance standards: 20-41 (Revised 8/96) 20.1513.160 1. The proposed compensatory mitiga- tion will establish quantifiable goals and objectives in order for the city to determine the success of the plan over time in order to release performance bonds or require contingency actions if necessary; 2. The compensatory mitigation will be conducted on property, demonstrated by the applicant, to be able to be protected and man- aged to avoid further development or degrada- tion, and to provide for long-term preservation of the compensation; 3. The applicant and their representa- tives shall demonstrate sufficient scientific expertise, supervisory capability, and financial resources (including bonding) to carry out the project; and demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and 4. The compensatory mitigation shall be installed and monitored and corrections shall be made to ensure it meets the goals estab- lished pursuant to subsection (13)(1) of this section. [Ord. 3087 § 2, 1996]. 20.1513.160 Critical areas tracts and notice on title. A. Critical Areas Tracts. The city may require that where development or alteration is prohibited or limited based on the presence of critical areas or their buffers, pursuant to this chapter, the critical areas and/or their buffers may be placed in a separate critical areas tract or easement. The city may require that the crit- ical areas tract be designated as a native growth protection easement. Appropriate sur- vey markings and permanent signage shall be installed on the property at the boundary of the critical areas and/or the buffers. Such require- ments, if any, shall be included as conditions of approval. B. Notice on Title. The owner of any prop- erty that is subject to the provisions of this chapter shall, as a condition of approval pursu- ant to the provisions of this chapter, record with the records and elections division of Sno- homish County a notice in a form approved by the city providing notice of the presence of critical areas or buffers on the property, the application of this chapter to the property, and that limitations on actions in or affecting such areas or buffers may exist. The form of such notice may be adopted by administrative rule. [Ord. 3087 § 2, 1996]. 20.1513.170 Administration. A. Variances. Variances from the standards of this title may be authorized by the hearing examiner in accordance with the procedures set forth in Chapter 20.85 ECDC. In granting such a variance, the hearing examiner shall find: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surround- ings, or the size or nature of the critical areas, the strict application of this title would deprive the subject property all reasonable use of the property. 2. The granting of the variance is the minimum necessary to accommodate the development proposal and will not be materi- ally detrimental to the public welfare or injuri- ous to the property or improvements in the vicinity and zone in which the property is situ- ated, or contrary to the goals and purposes of this chapter. B. Enforcement Penalties. Any violation of the provisions of this chapter shall constitute a public nuisance subject to abatement and a misdemeanor subject to penalty of a fine of up to $500.00 and/or imprisonment for 90 days or will be subject to civil penalties pursuant to Chapter 20.110 ECDC. Each day of violation shall constitute a separate offense. The plan- ning official or his or her designee shall have a right to enter upon any property at reasonable times and to make such inspection necessary to determine compliance with the provisions of this chapter. If the property is occupied, the planning official shall make a reasonable effort to locate the owner or person in charge to request entry. The planning official is further (Revised 8/96) 20-42 Edmonds Community Development Code 20.18.020 authorized to take such actions as may be nec- essary to enforce the provisions of this chapter. C. Appeals. Any decision to require critical areas study pursuant to this chapter may be appealed to the hearing examiner pursuant to Edmonds Community Development Code. Any decision to approve, condition or deny a development proposal based on the require- ments of this title may be appealed in accor- dance with the appeal procedures and stan- dards applicable to the subject development proposal permit or approval. If there are no applicable appeal procedures elsewhere in the Edmonds Community Development Code, then any final decision of the hearing examiner may be appealed to the city council upon filing a notice of appeal with the city clerk within 10 working days of the date of the hearing exam- iner's written decision. Such appeal to the council shall be on the record. [Ord. 3087 § 2, 1996]. 20.15B.180 Severability. If any provision of this chapter or its appli- cation to any person or property is held invalid, the remainder of the chapter or the application of the provision to other persons or property shall not be affected. [Ord. 3087 § 2, 1996]. 20.15B.190 Liberal construction. This chapter shall be liberally construed to give full effect to the objectives and purposes forwhich itwas enacted. [Ord. 3087 § 2,1996]. Chapter 20.18 GROUP HOMES Sections: 20.18.010 Purpose. 20.18.020 Pre -hearing requirements. 20.18.030 Operating conditions. 20.18.010 Purpose. The purpose of this chapter is to set reason- able regulations for the establishment and operations of group homes (including similar social service facilities, such as halfway house, counseling centers), which may be located in RM zones only. 20.18.020 Pre -hearing requirements. A. Application. In addition to the informa- tion required by ECDC 20.95.010, the appli- cant for a conditional use permit for a group home shall provide a statement of the impacts that would result from the establishment and operation of the proposed facility, including: 1. A complete description of the facility, its clients and operators, and its proposed oper- ating conditions; 2. An analysis of the need for the pro- posed facility in the city; 3. A financial statement for the pro- posed facility; 4. Further information and analysis as required by the community development director to completely disclose the impacts of the proposed facilities. The community development director shall review the statement for accuracy, complete- ness and objectivity before releasing it to the public. The hearing on the conditional use per- mit shall not be held until 30 days after the director issues the statement. B. Neighborhood Meeting. The community development director (or designee) shall hold a public meeting with any applicant for a group home or other residential social service facility and residents of the neighborhood. Notice of the meeting shall be given as required in 20-43 (Revised 8/96) 20.18.030 ECDC 20.91.010, except that the distance specified in that section shall be changed to 600 feet. The hearing shall be held at least 10 days after the issuance of the statement required above but no more than 10 days before the conditional use permit hearing. [Ord. 3078 § 8, 1996]. 20.18.030 Operating conditions. A. Financial Statement. The operator of an approved group home shall present an updated financial statement to the community develop- ment director before February 1 of each year. B. Neighborhood Representative. At the hearing on the conditional use permit, the res- idents of the neighborhood attending may des- ignate a representative to maintain liaison with the operators of the facility if the conditional use permit is approved. The representative shall be notified of, and be permitted to attend, all meetings of the board or governing body of the facility. (Revised 8/96) 20-44/46 Edmonds Community Development Code 20.50.010 potential increase or decrease in value to the property owners. 20.40.020 Contract rezones. An applicant may propose conditions to be imposed by contract on a rezone. If the appli- cant wishes to take this approach, the proposed conditions shall be reviewed at all public hear- ings on the rezone. 20.40.030 Notice. Notice of rezone hearings (and text change) before the planning advisory board shall be the same as set forth for proposed amendments to the comprehensive plan in ECDC 20.00.020 for newspaper publication and pursuant to ECDC 20.91.010. [Ord. 3078 § 13, 1996]. Chapter 20.50 WIRELESS COMMUNICATIONS FACILITIES Sections: 20.50.000 Purpose. 20.50.010 Development standards for micro facilities. 20.50.020 Development standards for mini facilities. 20.50.030 Development standards for macro facilities. 20.50.040 Development standards for monopole I. 20.50.050 Development standards for monopole II. 20.50.060 Development standards for lattice towers. 20.50.070 Additional conditional use permit criteria for monopole I, monopole II and lattice tower. 20.50.080 Exemption. 20.50.090 Obsolescence. 20.50.000 Purpose. In addition to the general purposes of the comprehensive plan and the zoning ordinance, this chapter is included in the Community Development Code to provide for a wide range of locations and options for wireless commu- nication providers while minimizing the unsightly characteristics associated with wire- less communication facilities and to encourage creative approaches in locating wireless com- munication facilities which will blend in with the surroundings of such facilities. [Ord. 3099 § 1, 1996]. 20.50.010 Development standards for micro facilities. A. Micro facilities are permitted in all zones. B. A micro facility shall be located on existing buildings, poles or other existing sup- port structures. A micro facility may locate on buildings and structures; provided, that the 20-63 (Revised 8/96) 20.50.020 interior wall or ceiling immediately adjacent to the facility is not designated residential space. C. Antennas equal to or less than four feet in height (except omni-directional antennas which can be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one -foot diameter parabola or two -foot by one and one -half -foot panel as viewed from any one point) are exempt from the height limitation of the zone in which they are located. Structures which are nonconform- ing with respect to height may be used for the placement of omni-directional antennas pro- viding they do not extend more than six feet above the existing structure. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. D. The micro facility shall be exempt from review by the architectural design board if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located. E. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or other- wise appropriately concealed, camouflaged or located underground. F. In single-family residential (RS) zones, micro facilities for a specific wireless provider shall be separated by a distance equal to or greater than 1,320 linear feet from other micro facilities of the same wireless provider. [Ord. 3099 § 1, 1996]. 20.50.020 Development standards for mini facilities. A. Mini facilities are permitted in all zones except single-family residential (RS) zones. B. The mini facility may be located on buildings and structures; provided, that the immediate interior wall or ceiling adjacent to the facility is not a designated residential space. C. The mini facility shall be exempt from review by the architectural design board if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located. D. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or other- wise appropriately concealed, camouflaged or located underground. E. Mini facilities shall comply with the height limitation specified for all zones except as follows: Omni -directional antennas may exceed the height limitation by 10 feet, or, in the case of nonconforming structures, the antennas may extend 10 feet above the existing structure. Panel antennas may exceed the height limitation if affixed to the side of an existing nonconforming building and blends in architecturally with the building. Placement of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure. [Ord. 3099 § 1, 1996] . 20.50.030 Development standards for macro facilities. A. Macro facilities are permitted in all zones except single-family residential (RS) zones. B. Macro facilities may be located on build- ings and structures; provided, that the immedi- ate interior wall or ceiling adjacent to the facility is not a designated residential space. C. The macro facility shall be exempt from review by the architectural design board if the antenna and related components are the same color as the existing building, pole or support structure on which it is proposed to be located. D. The shelter or cabinet used to house radio electronic equipment shall be contained wholly within a building or structure, or other- wise appropriately concealed, camouflaged or located underground. E. Macro facilities shall comply with the height limitation specified for all zones, except as follows: Omni -directional antennas may exceed the height limitation by 15 feet, or, in the case of nonconforming structures, the antennas may extend 15 feet above the existing (Revised 8/96) 20-64 Edmonds Community Development Code 20.50.050 structure. Panel antennas may exceed the height limitation if affixed to the side of an existing building and architecturally blends in with the building. Placement of an antenna on a nonconforming structure shall not be consid- ered to be an expansion of the nonconforming structure. [Ord. 3099 § 1, 1996]. 20.50.040 Development standards for monopole I. A. Monopole I facilities are only permitted in the general commercial (CG) zones shown on plate 5. B. Monopole I facilities are permitted in business (BC, BN) zones and certain public and open space sites (i.e., Woodway High School, Edmonds High School, and Five Cor- ners Water Tank/Fire Station 6) with a condi- tional use permit. C. Monopole I facilities are not permitted in residential zones (RS and RM), the com- mercial waterfront (CW), open space (OS), public (P) zones, except when expressly pro- vided for in this chapter. D. Antennas equal to or less than 15 feet in height or up to four inches in diameter may be a component of a monopole I facility. Antennas which extend above the wireless communica- tions support structure shall not be calculated as part of the height of the monopole I wireless communications support structure. For exam- ple, the maximum height for a monopole I shall be 60 feet and the maximum height of antennas which may be installed on the support structure could be 15 feet, making the maximum permit- ted height of the support structure and antennas 75 feet (60 feet plus 15 feet). E. Co -location on an existing support struc- ture shall be permitted. Macro facilities are the largest wireless communication facilities allowed on monopole I. F. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole I facilities shall be concealed, camouflaged or placed under- ground. Monopole I facilities shall be subject to review by the architectural design board using the procedures and review criteria spec- ified in Chapter 20.10 ECDC and this chapter. G. Monopole I facilities shall be landscaped in conformance with Chapter 20.12 ECDC. H. Monopole I facilities adjacent to a sin- gle-family zone shall be set back a distance equal to the height of the wireless communica- tion support structure from the nearest single- family lot line. [Ord. 3099 § 1, 1996]. 20.50.050 Development standards for monopole II. A. Monopole II facilities are only permitted in the general commercial (CG) zones shown on plate 5; provided the wireless communica- tions support structure shall be designed to accommodate two or more wireless communi- cations facilities. B. Monopole II facilities which exceed 150 feet in height or and located within 300 feet of a residential (RS or RM) zone or located in cer- tain public and open space sites (i.e., Woodway High School, Edmonds High School, and Five Corners Water Tank/Fire Station 6) shall require a conditional use permit. C. Monopole II facilities are not permitted in residential (RS and RM) zones, business (BN and BC), commercial waterfront (CW), open space (OS), public (P) zones, except where expressly provided for in this chapter. D. Co -location of wireless communication facilities on an existing support structure shall be permitted. E. Macro facilities are the largest permitted wireless communication facilities allowed on a monopole II facility. Antennas which extend above the monopole II wireless communica- tions support structure shall not be calculated as part of the height of the wireless communi- cations support structure. For example, the maximum height for a monopole II facility shall be 150 feet and the maximum height of antennas which may be installed on the sup- port structure could be 15 feet, making the maximum permitted height of the support 20-64.1 (Revised 8/96) 20.50.060 structure and antennas 165 feet (150 feet plus 15 feet). F. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the monopole II facility support structure shall be concealed, screened, camou- flaged or placed underground. Monopole II facilities shall be subject to review by the architectural design board using the proce- dures and review criteria specified in Chapter 20.10 ECDC and this chapter. G. Monopole II facilities shall be land- scaped in conformance with Chapter 20.12 ECDC. H. Monopole II facilities adjacent to a sin- gle-family zone shall be set back a distance equal to the height of the wireless communica- tion support structure from the nearest single- family lot line. In any case, if the monopole II facility is within 300 feet of any residentially zoned (RS or RM) lot, a conditional use permit will be required. I. Monopole II facilities shall be separated from each other by a distance equal or greater than 1,320 feet. [Ord. 3099 § 1, 1996]. 20.50.060 Development standards for lattice towers. A. Lattice towers are only permitted in the general commercial (CG) zones shown on plate 5; provided the wireless communications support structure is built to accommodate the location of two or more wireless communica- tions facilities. B. Lattice towers which exceed 150 feet in height or are located within 300 feet of a resi- dential (RS or RM) zone or are located in cer- tain public and open space sites (i.e., Woodway High School, Edmonds High School, and Five Corners Water Tank/Fire Station 6) shall require a conditional use permit. C. Monopole II facilities are not permitted in residential (RS and RM) zones, business (BN and BC), commercial waterfront (CW), open space (OS) and public (P) zones except where expressly provided for in this chapter. D. Co -location on an existing support structure shall be permitted without an addi- tional conditional use permit; provided there is not substantial change to the existing support structure. E. Macro facilities are the largest permitted wireless communication facilities allowed on a lattice tower. Antennas which extend above the lattice tower wireless communications sup- port structure shall not be calculated as part of the height of the wireless communications support structure. For example, the maximum height (without a conditional use permit) for a lattice tower shall be 150 feet and the maxi- mum height of antennas which may be installed on the support structure could be 15 feet, making the maximum permitted height of the support structure and antennas 165 feet (150 feet plus 15 feet). F. The shelter or cabinet used to house radio electronics equipment and the associated cabling connecting the equipment shelter or cabinet to the lattice tower support structure shall be concealed, screened, camouflaged or placed underground. Lattice towers shall be subject to review by the architectural design board using the procedures and review criteria specified in Chapter 20.10 ECDC and this chapter. G. Lattice towers shall be landscaped in conformance with Chapter 20.12 ECDC. H. Lattice Towers adjacent to a single-fam- ily zone shall be set back a distance equal to or greater than the height of the wireless commu- nication support structure from the nearest sin- gle-family lot line. In any case, if the lattice tower is within 300 feet of a single-family lot, a conditional use permit will be required. I. Lattice towers shall be separated from each other by a distance equal or greater than 1,320 feet. [Ord. 3099 § 1, 1996]. 20.50.070 Additional conditional use permit criteria for monopole I, monopole II and lattice tower. In addition to the conditional use permit cri- teria specified in Chapter 20.05 ECDC, the fol- (Revised 8/96) 20-64.2 Edmonds Community Development Code 20.50.090 lowing specific criteria shall be met before a conditional use permit can be granted: A. Visual Impact. Antennas may not extend more than 15 feet above their support- ing structure, monopole lattice tower, building or other structure. 1. Site location and development shall preserve the pre-existing character of the sur- rounding buildings and land uses and the zone district to the extent consistent with the func- tion of the communications equipment. Wire- less communication towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on -site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area. 2. Accessory equipment facilities used to house wireless communications equipment should be located within buildings or placed underground when possible. When they can- not be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with Chapter 20.12 ECDC. B. Noise. No equipment shall be operated so as to produce noise in levels above 45 dB as measured from the nearest property line on which the attached wireless communication facility is located. C. Other — Application and Conditional Use Criteria — FCC Pre-emption. In any pro- ceeding regarding the issuance of a conditional use permit under the terms of this chapter, fed- eral law prohibits consideration of environ- mental effects of radio frequency emissions to the extent that the proposed facilities comply with the Federal Communications Commis- sion regulations concerning such emission. [Ord. 3099 § 1, 1996]. 20.50.080 Exemption. The following are exempt from the require- ment of a conditional use permit, and shall be considered a permitted use in all zones where wireless and attached wireless communica- tions facilities are permitted: Minor modifica- tions of existing wireless communications facilities and attached wireless communica- tions facilities, whether emergency or routine, so long as there is little or no change in the visual appearance. Minor modifications are those modifications, including the addition of antennas, to conforming wireless and attached wireless communications facilities that meet the performance standards set forth in this chapter. [Ord. 3099 § 1, 1996]. 20.50.090 Obsolescence. A wireless communications facility or attached wireless communications facility shall be removed by the facility owner within six months of the date it ceases to be opera- tional or if the facility falls into disrepair. [Ord. 3099 § 1, 1996]. 20-64.3 (Revised 8/96) 20.55.000 Chapter 20.55 SHORELINE PERMITS Sections: 20.55.000 Purpose. 20.55.010 Application requirements. 20.55.020 Notice. 20.55.025 Substantial development permits for limited utility extensions and bulkheads. 20.55.030 Review. 20.55.040 Variances. 20.55.050 Filing with state. 20.55.060 Effective date. 20.55.000 Purpose. This chapter establishes the permit review procedure for shoreline permits, as required by the State Shorelines Management Act, Chapter 90.58 RCW and Chapter 173-14 WAC. A shoreline permit is required for any develop- ment defined as a substantial development in RCW 90.58.030(3)(e), and WAC 173-14-030, to be built on a shoreline as defined in RCW 90.58.030(2)(d) and (e), or as the same may be amended. 20.55.010 Application requirements. In addition to the material required in Chap- ter 20.95 ECDC, the application shall contain all material required by WAC 173-14-110, or as the same may be amended. 20.55.020 Notice. A. Publication. In addition to the require- ments of Chapter 20.91 ECDC, notice shall be given by publication in a newspaper of general circulation in Edmonds at least once a week on the same day of the week for two consecutive weeks. Except as specially provided hereafter in ECDC 20.55.025, the last day of publication shall be at least 30 days before the first public hearing on the permit. B. Contents. Except as specially provided hereafter in ECDC 20.55.025, and in addition to the requirements of Chapter 20.91 ECDC, the notice of the hearing examiner shall state that before the first pubic hearing, any person may request a copy of the final action on the permit. The notice shall also contain all infor- mation required by WAC 173-14-070, or as the same may be amended. [Ord. 3078 § 14, 1996; Ord. 2930 § 1, 1993]. 20.55.025 Substantial development permits for limited utility extensions and bulkheads. An applicant for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures: A. The public comment period referred to under ECDC 20.55.020(A) shall be 20 days. The notice provision set forth in ECDC 20.55.020(B) shall state the manner in which the public may obtain a copy of the city's deci- sion on the application no later than two days following its issuance; B. The city shall issue its decision to grant or deny the permit within 21 days of the last day of the comment period specified in subsec- tion A of this section; and C. If there is an appeal, to the city, of the decision to grant or deny the permit, the appeal shall be finally determined by the city within 30 days; D. For purposes of this section, a limited utility extension means the extension of a util- ity service that: 1. Is categorically exempt under Chap- ter 43.21 C RCW for one or more of the follow- ing: natural gas, electricity, telephone, water or sewer; 2. Will serve an existing use in compli- ance with Chapter 90.58 RCW; and 3. Will not extend more than 2,500 lin- ear feet within the shorelines of the state. [Ord. 2930 § 2, 1993]. (Revised 8/96) 20-64.4 Edmonds Community Development Code 20.60.080 tures. [Ord. 3078 § 15, 1996; Ord. 2710, 1989]. 20.60.060 Incidental signs. A. Definition. An incidental sign is one which does not advertise or identify a good, service, or business, and which is provided solely for the convenience of the public. An ex- ample is a directional sign for off-street park- ing. Off -site directional signs for schools, churches, institutional uses, park facilities and/ or listing the meeting dates of community ser- vice clubs are considered as incidental signs. B. Standards. Incidental signs shall be sized to accomplish the intended purpose and may not exceed six square feet in area. Incidental signs do not require a sign permit but shall require a street use permit if proposed for loca- tion within the public right-of-way and off the premises of the applicant. They shall be con- sistent with the overall design theme of a site, and shall not result in clutter or confusion. The architectural design board may, at its option, review the incidental sign program for any site and require changes to meet the requirements of this subsection. [Ord. 3078 § 15, 1996; Ord. 2710, 1989; Ord. 2488 § 2, 1985]. 20.60.065 Group service club signs. A. The city, in its sole discretion, may approve the location of a sign grouping infor- mation relating to the meetings of service clubs through the street use permit process. It is intended that all such information be located at one or more central locations, with one sign at each location, and that the proliferation of such signs be avoided. The sign shall not exceed eight feet in height and shall have such other dimensions as determined through the street use permit process. The design of the sign shall be subject to architectural design board approval and may include appropriate landscaping. Changes in the sign which meet the general approval of the board shall not be subject to further review. B. The group sign and any required land- scaping shall be maintained by the service organizations whose individual sign elements are on the group display. Failure to maintain the sign or its individual elements shall result in the removal of said sign by the city and/or revocation of the street use permit. [Ord. 3078 § 15, 1996; Ord. 2710, 1989]. 20.60.070 Residential area signs. A. Individual Residence Signs. They may contain only the name and address of the resi- dent, may be lighted at all times, and may not exceed three square feet in area. No permit is required. B. Residential Development Identification. These signs are allowed to identify residential developments or neighborhoods containing more than one residential unit. One sign may be installed near each vehicle entrance. No interior lighting is permitted. The require- ments of ECDC 20.60.040 shall be met for freestanding signs. Signs may not exceed 10 square feet. One attached sign may be used in lieu of allowable freestanding signs. C. Signs for Conditional Nonresidential Uses in Residential Areas. Examples of these uses are churches, professional offices and institutional uses. Signs for these uses shall meet the same standards as residential devel- opment identification signs in subsection B of this section. [Ord. 3078 § 15, 1996]. 20.60.080 Temporary signs. A. Definition. A temporary sign is one advertising an event that is occurring or will occur, or a product or service that is available for a short, limited period of time. Temporary signs are not permanently attached to a site and include paper signs and sandwich boards. Trailer signs are specifically excluded from this definition. B. Standards. No permit is required for temporary signs, but they are not allowed to continually advertise goods, services or events on a site; permanent signs shall be used for that purpose. Unless otherwise specified below, no temporary sign shall exceed 10 square feet. 20-69 (Revised 8/96) 20.60.090 C. Business Opening Signs. Maximum duration shall be one month. Maximum area, per site, shall be one square foot of sign area per one lineal foot of wall containing the pub- lic entrance into the building. D. Sale Signs. Maximum duration shall be one month. E. Quitting Business, Fire Sale, and Similar Signs. Maximum duration shall be not more than two months. F. Real Estate (For Sale, Sold, or Lease) Signs. Maximum duration shall be seven days after the date of closing. Lease signs shall remain only so long as space is available in the building. Maximum area, per site, shall be six square feet and the sign shall be located only on the property for sale. G. Construction Signs. Sign copy shall be limited to information about a building under construction or being remodeled. Maximum duration shall be until construction is com- pleted or one year, whichever is shorter. Max- imum area shall be 32 square feet. H. Campaign Signs. Sign copy shall be lim- ited to information about a candidate, political party or public issue involved in a current elec- tion campaign. Campaign signs are permissi- ble at the edge of public right-of-way (provided they are not hazardous to pedestrian or vehicu- lar traffic or located within landscaped areas). Such signs shall be removed within 10 days after the primary, general or special election to which they pertain. Campaign signs may not otherwise be placed on public property such as parks, landscaped areas within the right-of- way or the areas around public buildings. Max- imum sign area shall be eight square feet. I. Seasonal Decoration Signs and Signs Advertising a Public Event. Maximum dura- tion shall be from one month before the event to seven days after the event. There shall be no specific size limitation for these signs. [Ord. 3093 § 1, 1996; Ord. 3078 § 15, 1996; Ord. 3037 § 1, 1995; Ord. 2488, 1985; Ord. 2287 § 1, 1982; Ord. 2586, § 1, 1986]. 20.60.090 Prohibited signs. A. General. All signs not expressly permit- ted by this chapter are prohibited. B. Off -Site Signs. Signs which are not directly related to the use or activity operated on the site of the sign are prohibited. C. Hazards. Signs which the director of public works determines to be a hazard to vehi- cle or water traffic because they resemble or obscure a traffic control device, or because they obscure visibility needed for safe traffic passage, are prohibited. These signs shall be removed if they already exist. D. Confiscation of Prohibited Signs in Pub- lic Rights -of -Way. All signs which are located within a public right-of-way and not erected pursuant to a permit or other government approval are hereby declared to be a public nui- sance under the limitations herein expressed. The planning director, or designee, in his or her discretion may remove such signs after the determination that: 1. The sign is permanently affixed or creates an immediate hazard to pedestrian or motor vehicle traffic; and 2. Confiscation is the most reasonable and practical means of abating such nuisance. Any signs confiscated by the city shall be held for 10 working days after which such signs may be destroyed or otherwise disposed of. The owner of any confiscated signs may recover the same upon payment of a $25.00 fee to cover the cost of confiscation and storage. [Ord. 3078 § 15, 1996; Ord. 2488, 1985]. 20.60.100 Administration. A. General. The community development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in Chapter 15.00 ECDC. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. (Revised 8/96) 20-70 Edmonds Community Development Code 20.90.005 C. Comprehensive Plan. That the approval of the variance will be consistent with the com- prehensive plan; D. Zoning Ordinance. That the approval of the variance will be consistent with the pur- poses of the zoning ordinance and the zone dis- trict in which the property is located; E. Not Detrimental. That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone; F. Minimum Variance. That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other proper- ties in the vicinity with the same zoning. 20.85.020 General requirements. A. Review. The hearing examiner shall review variances as provided in ECDC 20.100.010. B. Appeals. Any person may appeal a hear- ing examiner decision to the city council as provided in Chapter 20.105 ECDC. C. Time Limit. The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of time before the expiration and the city approves the application. D. Review of Extension Application. An application for an extension of time shall be reviewed by the community development director as provided in ECDC 20.95.050. E. Location. A variance applies only to the property for which it has been approved and may not be transferred to any other property. Chapter 20.90 APPLICATION PROCESS Sections: 20.90.000 Scope. 20.90.005 Exemption. 20.90.010 Application process. 20.90.000 Scope. The chapter sets forth the processes for reviewing development applications and the minimum standards which apply whenever a development approval is required by ECDC Title 20 or a project permit application, as defined by RCW 36.70B.020(4) as now or hereafter amended, is required by ECDC Titles 18 and 19. The individual portions of the Edmonds Community Development Code may set additional requirements, such as dif- ferent periods of time, additional methods of giving notice, and so forth. [Ord. 3092 § 5, 1996; Ord. 3078 § 18, 1996]. 20.90.005 Exemption. A. Partial Exemptions. The following per- mits shall be exempt from the project consoli- dation requirements of ECDC 20.90.010(B), the notice of application requirements of ECDC 20.91.010(A) and (C), and the notice of decision requirements of ECDC 20.90.010(E): 1. Any and all project permits, as defined by RCW 36.70B.020(4), as now or hereafter amended, required by any provision of ECDC Titles 18 and 19. 2. Lot line adjustments as identified in ECDC 20.75.050. 3. Building permits as identified in Chapter 19.00 ECDC that are categorically exempt from environmental review under Chapter 43.21C RCW. 4. Staff decisions authorized by Chap- ters 20.10 and 20.12 ECDC. B. Complete Exemption. In addition to the exemptions listed under ECDC 20.90.005(A), the following permits shall also be exempt from the letter of completeness required by 20-87 (Revised 8/96) 20.90.010 ECDC 20.90.010(D) and the final decision requirements of ECDC 20.90.010(E): 1. Building permits subject to earth sub- sidence and landslide review as identified in Chapter 19.05 ECDC. 2. Building permits submitted as part of an augmented application for architectural design review as identified in ECDC 19.00.120. 3. Building permits subject to environ- mental review under Chapter 43.21 C RCW. [Ord. 3092 § 6, 1996]. 20.90.010 Application process. A. Application. All applications for devel- opment permits or other city approvals required by the community development code shall be submitted on forms provided by the city of Edmonds. All such applications shall include the information required by the appro- priate chapter of the community development code. The community services director or his/her designee may require such additional information as reasonably necessary to fully and properly evaluate the proposal. B. Project Consolidation. 1. The city shall consolidate the review of development applications in order to inte- grate and avoid duplication or needless delay in the permitting and environmental review process. Applications consolidated in this way shall be considered to be a development project for the purposes of this chapter. 2. Decisions and hearings shall be scheduled so that no more than one open record public hearing is held on all applica- tions received on a development project, and no more than one closed record appeal hearing is held on the same project. In situations where an open record public hearing is required before more than one decision -making body for a consolidated project, the decision -mak- ing body with the broadest decision -making authority as determined by the planning man- ager shall hold the public hearing and shall have sole authority to render a final decision. C. Pre -Application Meetings. Applicants for development permits are encouraged to participate in an informal meeting prior to the formal submission of application(s) for city review and approval. The purpose of the meet- ing is to discuss, in general terms, the proposed development, city standards, policies, and design guidelines, the permit process and approvals that will be required. D. Letter of Completeness. 1. Within 28 calendar days of receiving a date -stamped application, the city shall review the application and provide the appli- cant(s) with a written statement that the appli- cation is complete or incomplete. 2. A project application shall be declared complete only when it contains all of the following materials: a. A fully completed, signed, and acknowledged development application and applicable review fees; b. A fully completed, signed, and acknowledged environmental checklist for projects subject to review under the State Environmental Policy Act; c. A fully completed, signed, and acknowledged critical areas checklist for projects subject to the critical areas ordinance of the city of Edmonds (Chapter 20.15B ECDC); d. The information specified for indi- vidual permit approvals under the appropriate chapters of the community development code; e. Any supplemental information or special studies identified by the community services director as authorized by ECDC 20.90.010(A)(1). 3. For applications determined to be incomplete, the city shall identify, in writing, the specific requirements or information nec- essary to complete the application. Upon sub- mittal of the specified information, the city shall, within 14 calendar days, issue a letter of completeness or identify what additional infor- mation is required. E. Final Decision. 1. Time. The final decision on a devel- opment project shall be made within 120 cal - (Revised 8/96) 20-88 Edmonds Community Development Code 20.91.010 endar days from the date of the Letter of Completeness issued under ECDC 20.90.010 (D). Exceptions to this include: a. Amendments to the comprehen- sive plan or community development code; b. Any time required to correct plans, perform studies or provide additional informa- tion; provided, that within 14 calendar days of receiving the requested additional information, the community services director shall deter- mine whether the information is adequate to resume the project review; c. Substantial project revisions made or requested by an applicant, in which case the 120 days will begin again from the time that the city determines the revised application to be complete; d. All time required for the prepara- tion and review of an environmental impact statement pursuant to the State Environmental Policy Act; e. Projects involving the siting of an essential public facility; f. An extension of time mutually agreed upon by the city and the applicant; g. All time required for the adminis- trative appeal of a determination of signifi- cance. 2. Effective Date. The final decision of the hearing body or city council shall be effec- tive on the date stated in the decision, motion, resolution, or ordinance. 3. A notice of decision shall be issued upon the rendering of a final decision on a project permit application. The notice shall also include a statement of any threshold deter- mination made under Chapter 43.21 C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive com- ments on the application. [Ord. 3092 §§ 7, 8, 1996; Ord. 3078 § 18, 1996]. Chapter 20.91 PUBLIC HEARINGS AND NOTICE Sections: 20.91.000 Scope. 20.91.010 Public notice. 20.91.020 Procedure. 20.91.000 Scope. The following sections set minimum stan- dards which apply whenever a notice of devel- opment application or public hearing is required by this title. The individual portion of this title may set additional requirements, such as different periods of time, additional meth- ods of giving notice, and so forth. [Ord. 3078 § 19, 1996. Formerly 20.90.000]. 20.91.010 Public notice. A. Notice of Development Application. The notice of development application shall include but not be limited to the following: 1. Name of the applicant; 2. Date of application, date of the letter of completeness, and date of notice of devel- opment application; 3. Location of the project, including vicinity map; 4. Project description; 5. Requested permits and approvals, and identification of other permits not included in the application to the extent known by the city; 6. Requested studies; 7. Location of application materials for public review, including any existing or required environmental documents; 8. The public comment period, being not less than 14 nor more than 30 calendar days from the date of the notice; 9. City contact information; 10. The time, place and date of the pub- lic hearing, if a hearing has been scheduled; 11. A statement that the decision on the application will be made within 120 days of the date of the letter of completeness. 20-89 (Revised 8/96) 20.91.010 B. Notice of Public Hearing. The notice of public hearing shall contain at least the follow- ing: 1. A general description of the projector proposal. When a notice of application is re- quired, the elements of the notice as described under subsection A of this section shall also be included in the notice of public hearing. 2. A nonlegal description or map of the location of the property including the street address if there is one. For formal subdivisions see ECDC 20.75.065. 3. The time, place and date of the hear- ing. 4. The place where further information is available. 5. A statement that oral comments at the hearing may be subject to a time limit, and an invitation to submit written comments before the hearing or oral comments at the hearing. C. Notice Procedures. 1. Within 14 calendar days of issuing a letter of completeness under subsection D of this section, the city shall issue a notice of development application. The city shall pro- vide notice according to the procedures set forth in subsection (C)(3) of this section. 2. The city shall give notice of public hearing at least 10 working days before the hearing date. The city shall provide notice according to the procedures set forth in subsec- tion (C)(3) of this section. 3. Except as specifically stated in sub- section (C)(4) of this section, public notice shall be provided as follows: a. Mailings to: i. Applicant and owner of the property involved. ii. Owners, as shown on the records of the county assessor, and to street addresses of property located within 300 feet (except in the case of group homes, see Chap- ter 20.18 ECDC) of the property involved in the proposal. b. Posting. Notice shall be posted at conspicuous places on or near the property involved in the proposal. The staff shall either post three notices at or near the site or erect a large on -premises sign, conspicuously placed in a prominent location on the property, which- ever shall, in the sole opinion of the staff, pro- vide the public with the best notice of the proposed action. The on -premises sign shall be erected by the city and shall be in a format as developed by the community development director. The prorated cost of the sign and a fee for erection shall be charged to the applicant as an addition to any charge or fee imposed by ECDC Title 15. The on -premises sign shall be an incidental sign within the meaning of ECDC 20.60.060(A) erected for the convenience of the public and shall not be deemed an illegal use in any zone nor shall it impact any existing sign package relating to any site. c. Publication. Notice shall be pub- lished at least once in the official newspaper of the city, if one has been designated, or in a newspaper of general circulation. Information required by subsection A of this section may be excluded from published notice. 4. Notice procedures for the below mat- ters shall be as follows: a. Rezones (amendment to official zoning map), see newspaper publication pur- suant to ECDC 20.40.030. In addition notice shall be given by: i. Posting (subsection (C)(3)(b) of this section), ii. Mailings (subsection (C)(3)(a) of this section); or if more than 100 parcels are involved in a rezone, as an alternative to indi- vidually mailed notices, notice may be given by publishing at least one notice as a display ad, at least one -quarter page in size, in a news- paper of general circulation in Edmonds as set forth in Chapter 1.03 ECC at least 10 working days before the hearing, and iii. Publication (subsection (C)(3) (c) of this section). b. Zoning ordinance text changes (identified in ECDC 20.80.020), newspaper publication under ECDC 20.40.030. Further, if the community development director deter- mines that the change is significant enough to (Revised 8/96) 20-90 Edmonds Community Development Code 20.91.020 warrant extra notice, he or she may also notice the change(s) proposed by newspaper display advertisements as set forth above. c. Comprehensive plan text amend- ment, newspaper publication under ECDC 20.00.020. If the community development di- rector determines that the change is significant enough to warrant extra notice, he or she may also notice the change(s) proposed by newspa- per display advertisements as set forth above. d. Comprehensive plan map amend- ment, newspaper publication under ECDC 20.00.020. If the community development di- rector determines that the change is significant enough to warrant extra notice, he or she may also notice the change(s) proposed by newspa- per display advertisements as set forth above. e. Formal subdivisions, see ECDC 20.75.065 in addition to the requirements of this chapter. f. Street vacations, see ECDC 20.70.020. g. Shoreline substantial development permits, see ECDC 20.55.020 in addition to the requirements of this chapter. [Ord. 3092 § 9, 1996; Ord. 3078 § 19, 1996; Ord. 2930 § 3, 1993; Ord. 2919 § 1, 1993; Ord. 2726, 1989. Formerly 20.90.010]. 20.91.020 Procedure. A. Staff Report. The staff shall present its report and recommendation, and answer ques- tions from the person or members of the body holding the hearing. B. Public Testimony. The person presiding over the hearing shall declare the public hear- ing open. The applicant, and/or his representa- tives, if any, shall speak first. If the hearing is on the application of a person requesting review of an approved permit or an appeal from a staff decision, which is unrelated to an application for a permit, that individual or individuals shall speak first. Following the presentation of the applicant, the appellant, if any, shall be allowed to speak. Then any inter- ested person may be heard. After all interested members of the public have had a fair opportu- 20-90.1 (Revised 8/96) This page left intentionally blank. (Revised 8/96) 20-90.2 Edmonds Community Development Code 20.100.020 3. Shoreline permits; 4. Appeals from staff decisions, such as denials or conditions of public works permits (see ECDC 18.00.020), temporary parking lots (see ECDC 17.50.090) and temporary build- ings (see ECDC 17.70.010), etc.; 5. Hearings on protests of staff deci- sions, such as denials or conditions of public works permits (see ECDC 18.00.020), tempo- rary parking lots (see ECDC 17.50.090) and temporary buildings (see ECDC 17.70.010), etc.; 6. Hearings on draft environmental impact statements; 7. Preliminary plats for formal subdivi- sions; 8. Review of approved permit, see ECDC 20.100.040; 9. Such other matters as may be referred by the city code. C. Pre -Hearing. The hearing examiner shall review all information in the project file kept by the community development department, including the application, staff report, environ- mental impact statements, and so forth. The hearing examiner shall visit the project site. D. Public Hearing. The hearing examiner shall hold a public hearing on each project reviewed in the manner provided in Chapter 20.91 ECDC. The community development department shall give notice as required by that chapter. E. Findings and Conclusions. Within 10 working days following the conclusions of all testimony and hearings, unless the applicant agrees to an extension of time, the hearing examiner shall make findings and conclusions, and take action based only on information reviewed under subsections C and D of this section, and a visit to the project site after the hearing, if one was made. The findings and conclusions shall explain how the decision or recommendation will carry out and implement the comprehensive plan or Edmonds and other community development codes. The examiner shall send a copy of the findings and conclu- sions to the applicant, the community develop- ment department, to any person who requests a copy, and the city council. The findings and conclusions shall contain any conditions placed on an approval or permits. F. Criteria. The hearing examiner shall make findings, reach conclusions and take action in accordance with the findings and cri- teria contained in the ordinance governing the type of application being reviewed. G. Reconsideration. The hearing examiner shall reconsider his decision or recommenda- tion on any matter before him if a written request is filed within 10 working days of the date of the initial decision by any person who attends the public hearing and signs the atten- dance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such deci- sion or recommendation. Any such reconsider- ation request shall cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. The hearing examiner shall promptly review the reconsideration request and within five working days issue a written response, either approving or denying the request. If the recon- sideration request is denied, the 10-working- day appeal deadline of the hearing examiner's decision shall recommence for the remaining number of days. If, upon the review of the re- quest for reconsideration, the hearing examiner believes that an error or omission is significant and may alter his or her decision or recommen- dation, he or she may at his or her discretion: 1. Amend the decision to incorporate any omitted material and/or fact or to correct the error; or 2. Elect to present a brief to the city council outlining the error or omission and its anticipated impact on his or her decision. [Ord. 3078 § 21, 1996; Ord. 2616 § 1, 1987]. 20.100.020 Planning advisory board review. A. Scope. The planning advisory board shall review, and make recommendations to 20-95 (Revised 8/96) 20.100.030 the city council, on the following permits and approvals under this section: 1. Rezones (amendments to the official zoning map). 2. Changes to the text of ECDC Titles 16 and 17 (zoning ordinance). 3. Changes to the comprehensive plan text map (ECDC Title 15), excluding fees. 4. Such other matters as may be referred by the city code. B. Procedures. The planning board shall follow the procedures of the hearing examiner as specified by ECDC 20.100.010 in making a recommendation to the city council except for the following: 1. Site visits, as required by ECDC 20.100.010(C), are not mandatory and may only be conducted as a part of the public hear- ing process; and 2. Written planning board recommenda- tions shall be completed and approved within 20 working days of the date on which a final recommendation is made by the board. The 10- day limit of ECDC 20.100.010(E) shall not apply. [Ord. 3091 § 1, 1996; Ord. 3078 § 21, 1996]. 20.100.030 City council action on recommendations. A. Normal Review. The city council shall consider a recommendation of the hearing examiner or planning advisory board at its next available public meeting. The council may adopt or remand the recommendation at that meeting; provided, however: 1. Street vacations require a hearing by council as provided in Chapter 20.70 ECDC. 2. In the case of a local improvement dis- trict or a utility local improvement district hear- ing held in accordance with the provisions of ECDC 20.100.010(B)(5) and RCW 35.44.070, review the recommendations of the hearing examiner and any appeal taken therefrom. Any person aggrieved by the recommendation of the hearing examiner shall be entitled to a review of the record by the city council upon the filing of a written appeal from the recom- mendations of the hearing examiner within 10 working days of the date of mailing of the hear- ing examiner's final recommendations after disposition of a motion for reconsideration, if any such motion is filed. The council shall base its decision upon the record established before the hearing examiner and may adopt, reject or modify the recommendations of the hearing examiner in whole or in part, or may in its dis- cretion remand the matter to the hearing exam- iner for further proceedings; provided, how- ever, that in the event of an appeal, the council shall hear argument of the appellant based on said record. Adoption by ordinance of a final assessment roll shall commence the appeal period established by Chapter 35.44 RCW. These provisions shall control over any con- flicting provision and shall be read in conjunc- tion with the requirements of RCW 35.44.190 through 35.44.270. B. Optional Public Hearing. If the council wishes to consider any change to the recom- mendation, the council shall set a public hear- ing in the manner provided in Chapter 20.91 ECDC. After the hearing the council shall approve, modify, conditionally approve, deny or remand the proposal. In the case of amend- ment to the zoning ordinance (or map) or com- prehensive plan (or map) in the event of a remand the council shall specify the time within which the planning advisory board shall report back its findings and recommendations to the council. C. Findings and Conclusions. The council shall state its findings and conclusions to sup- port the decision based on the required findings and criteria in this code governing the type of application being reviewed and based on evi- dence presented at the council hearing. The city council action shall be final and shall be put into writing by ordinance, resolution and/or minutes along with any conditions placed on an approval. [Ord. 3078 § 21, 1996; Ord. 2552, 1986; Ord. 2485, 1985]. (Revised 8/96) 20-96 Edmonds Community Development Code 20.100.040 20.100.040 Review of approved permits. A. Scope. Any permit approved by the city under the community development code may be reviewed under this section if the conditions of the permit are not being met, the require- ments of the city code of Edmonds are not being met, or the permitted activity is causing a nuisance or hazardous condition. A permit 20-96.1 (Revised 8/96) This page left intentionally blank. (Revised 8/96) 20-96.2 Title 21 DEFINITIONS Chapters: 21.00 Definitions — General.........................................................................3 21.05 "A" Terms..........................................................................................3 21.10 `B" Terms...........................................................................................5 21.15 " C" Terms...........................................................................................6 21.20 "D" Terms..........................................................................................8 21.25 «E„ Terms...........................................................................................9 21.30 " F" Terms...........................................................................................9 21.35 "G" Terms........................................................................................10 21.40 "H" Terms.....................................................................................10.1 21.45 "1" Terms..........................................................................................12 21.47 «J" Terms..........................................................................................12 21.50 "K" Terms........................................................................................13 21.55 " L" Terms.........................................................................................13 21.60 «M„ Terms........................................................................................14 21.75 "0" Terms........................................................................................15 21.80 " P" Terms.........................................................................................16 21.85 "R" Terms.........................................................................................17 21.90 " S" Terms.........................................................................................18 21.100 " T" Terms.........................................................................................21 21.105 "U" Terms........................................................................................22 21.110 "V" Terms........................................................................................23 21.115 "W" Terms........................................................................................23 21-1 (Revised 8/96) Edmonds Community Development Code 21.05.020 Chapter 21.00 DEFINITIONS — GENERAL Sections: 21.00.000 General. 21.00.000 General. A. Normal Meanings. For the purpose of the community development code, all words used in the code shall have their normal and customary meanings, unless specifically defined otherwise in this code. B. Rules. 1. Words used in the present tense include the future. 2. The plural includes the singular, and vice versa. 3. The words "shall" and "may not" and "no — may" are mandatory. 4. The word "may" indicates that discre- tion is allowed. 5. The word "used" includes "designed, intended or arranged" to be used. 6. The masculine gender includes the feminine and vice versa. 7. Distances shall be measured horizon- tally unless otherwise specified. 8. The word "building" includes a por- tion of a building or lot. C. Adopted Codes. Where a code or codes have been adopted by reference or incorpora- tion which may contain a definition or defini- tions conflicting with those set forth in this chapter, for the purpose of that particular refer- enced or incorporated code, and only that code, the definition therein shall prevail. D. Cross References. Sections which make only cross-reference to another term are not intended to be synonymous with the other term, but are only intended to serve as a find- ing aid to the other term unless specifically stated to mean the same. Chapter 21.05 "A" TERMS Sections: 21.05.005 Accessory antenna device. 21.05.010 Accessory buildings. 21.05.015 Accessory dwelling unit. 21.05.020 Accessory use. 21.05.021 Adult bookstore. 21.05.022 Adult entertainment center. 21.05.023 Adult motion picture theater. 21.05.025 Alley. 21.05.030 Animal hospital. 21.05.035 Antenna. 21.05.040 Alteration(s). 21.05.050 Attached sign. 21.05.055 Attached wireless communication facility. 21.05.060 Auto wrecking. 21.05.005 Accessory antenna device. Accessory antenna device is an antenna including, but not limited to, test mobile anten- nas and global positioning (GPS) antennas which are less than 12 inches in height or width, excluding the support structure. [Ord. 3099 § 2, 1996]. 21.05.010 Accessory buildings. Accessory building means one which is sub- ordinate to the main building, and is incidental to the use of the main building on the same lot. 21.05.015 Accessory dwelling unit. Accessory dwelling unit is a structure attached to or constructed within a single-fam- ily dwelling that has living facilities for one individual or family separate from the primary single-family dwelling including at least, but not limited to, a kitchen, bathroom, and sleep- ing quarters. [Ord. 2352 § 10, 1983]. 21.05.020 Accessory use. Accessory use means a use incidental and subordinate to the use of the main building on the same lot. 21-3 (Revised 8/96) 21.05.021 21.05.021 Adult bookstore. An adult bookstore is a business having as a substantial portion of its trade, the display, bar- ter, rental and/or sale of printed matter, video- tapes, disks or cassettes, films, pictures or other material or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities or specific anatomical areas, as defined herein. [Ord. 2279 § 1, 1982]. 21.05.022 Adult entertainment center. Adult entertainment center means a busi- ness having as a substantial part of its trade live dancers or entertainers who depict specific sexual activities or display specific anatomical areas as defined herein, including but not lim- ited to topless dance centers, so-called exotic dance centers, and body painting studies. [Ord. 2279 § 2, 1982]. 21.05.023 Adult motion picture theater. An enclosed building or open area used for presenting material distinguished or character- ized by an emphasis on matter depicting, describing, or relating to specific sexual activ- ities or specific anatomical areas, as defined herein. [Ord. 2279 § 3, 1982]. 21.05.025 Alley. An alley is a publicly dedicated right-of- way which provides a secondary means of access; the definition of street shall include an alley; provided, however, that an alley shall not be considered a street for the purposes of calculating the setback and front yard require- ments. No lot fronting on a street and an alley shall be considered either a corner lot or a lot having two street frontages. [Ord. 2502, 1985]. 21.05.030 Animal hospital. An animal hospital means a building for the medical or surgical treatment of animals or pets, including dog, cat, and veterinary hospi- tals including the boarding of hospitalized ani- mals but not excluding the boarding of animals not treated medically or surgically. (See also, Domestic Animal.) 21.05.035 Antenna. Antenna is any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of radio fre- quency signals. A. Omni -directional antenna (also known as a "whip antenna") transmits and receives radio frequency signals in a 360-degree radial pattern. For the purpose of Chapter 20.50 ECDC, an omni-directional antenna is up to 15 feet in height and up to four inches in diameter (see Title 22, Plate 1). B. Directional antenna (also known as a "panel antenna") transmits and receives radio frequency signals in a specific directional pat- tern of less than 360 degrees (see Title 22, Plates 1 — 4). C. Parabolic antenna (also known as a "dish antenna") is a bowl -shaped device for the reception and/or transmission radio frequency communications signals in a specific direc- tional pattern. [Ord. 3099 § 3, 1996]. 21.05.040 Alteration(s). Alteration(s) mean a change or rearrange- ment of the structural parts of existing facili- ties or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. In buildings for business, commercial, industrial or similar uses, the installation or rearrangement of parti- tions affecting more than one-third of a single floor area shall be considered an alteration. 21.05.050 Attached sign. Attached sign means a sign attached to a building. 21.05.055 Attached wireless communication facility. Attached wireless communication facility is a wireless communication facility that is affixed to an existing structure and is not con- sidered a component of the attached wireless (Revised 8/96) 21-4 Edmonds Community Development Code 21.10.070 communications facility (see Title 22, Plates 1 — 4). [Ord. 3099 § 4, 1996]. 21.05.060 Auto wrecking. (Means the same as Car Wrecking.) Chapter 21.10 "B" TERMS Sections: 21.10.010 Bike (or bicycle) lane. 21.10.020 Bike -pedestrian path. 21.10.030 Boarding house. 21.10.040 Building. 21.10.050 Building area. 21.10.060 Building envelope. 21.10.070 Building line. 21.10.010 Bike (or bicycle) lane. This is a route designated by striping or curbs on an improved street right-of-way. 21.10.020 Bike -pedestrian path. Improved path adjacent to a roadway or on a separate right-of-way which can be utilized by bicycles or pedestrians. When adjacent to roadways, it will have a rolled curb. 21.10.030 Boarding house. Boarding house means a dwelling unit in which not more than four roomers, lodgers, or boarders are housed or fed. 21.10.040 Building. Building means any structure having a roof, excluding all forms of vehicles even though immobilized. (See also, Accessory Building and Completely Enclosed Building.) 21.10.050 Building area. Building area means the portion of a lot within which a structure may be built, bounded by the required setbacks. 21.10.060 Building envelope. Building envelope means the three-dimen- sional space in which a building or structure may be built as delineated by setbacks and building height restrictions. 21.10.070 Building line. Building line means the line of that face or 21-5 (Revised 8/96) 21.15.010 corner or part of a building nearest the property Chapter 21.15 line, excluding a maximum of 30 inches of the eaves. "C" TERMS Sections: 21.15.010 Car (or auto or automobile) wrecking. 21.15.020 City. 21.15.030 City council (or council). 21.15.035 Co -location. 21.15.040 Commercial parking lot. 21.15.050 Commercial garage. 21.15.060 Commercial kennel. 21.15.070 Commercial use. 21.15.075 Commuter parking lots. 21.15.080 Completely enclosed building. 21.15.090 Conditional use. 21.15.092 Convenience store. 21.15.095 Congregate care facility. 21.15.100 Corner lot. 21.15.110 Coverage. 21.15.010 Car (or auto or automobile) wrecking. Car wrecking means the collecting, disman- tling, storage, salvaging, or sale of parts of machinery or vehicles not in running condi- tion. 21.15.020 City. City means the city of Edmonds in the state of Washington. 21.15.030 City council (or council). City council (or council) means the city council of the city of Edmonds. 21.15.035 Co -location. Co -location exists when more than one wireless communications provider mounts equipment on a single support structure (i.e., building, monopole, lattice tower). [Ord. 3099 § 5, 1996]. 21.15.040 Commercial parking lot. Commercial parking lot means a site where parking spaces are rented or leased to persons (Revised 8/96) 21-6 Edmonds Community Development Code 21.15.110 other than those who live or work on the same site. (See also, Off -Street Parking and Private Parking.) 21.15.050 Commercial garage. Commercial garage means a building used for storage, repair, or servicing of motor vehi- cles as a commercial use. 21.15.060 Commercial kennel. Commercial kennel means a building in which four or more domestic animals at least four months of age are kept commercially for board or breeding. [Ord. 2759 § 2, 1990]. 21.15.070 Commercial use. Commercial use means an activity with goods, merchandise, or services for sale or rent. 21.15.075 Commuter parking lots. Commuter parking lot means a parking lot or portion of a parking lot composed of new or existing parking spaces that are designated for use by persons who travel to or from Edmonds as part of a commute that includes a form of transportation other than single occupant vehi- cle, such as nonmotorized transportation for distances of more than a quarter of a mile, car- pooling or transit. In determining the number of parking spaces in a commuter parking lot, all parking spaces within a lot as defined by ECDC 21.55.010 shall be construed as part of the same commuter parking lot as well as any spaces within 300 feet of each other. [Ord. 3090 § 6, 1996]. 21.15.080 Completely enclosed building. Completely enclosed building means one designed and constructed with all exterior walls of the structure solid from the ground to the roof line, and containing no openings except for windows and doors which are designed to be closed. 21.15.090 Conditional use. Conditional use means a use allowed in one or more zones as defined by the zoning code but which, because of characteristics peculiar to such use, because of size, hours of opera- tion, technical processes or equipment, or because of the exact location with reference to surroundings and existing improvements or demands upon public facilities, requires a spe- cial permit in order to provide a particular degree of control to make such uses consistent with and compatible with other existing or per- missible uses in the same zone or zones. Multiple uses or any combination of uses, any of which require a conditional use permit, shall be allowed on a single lot only upon the grant of a conditional use permit. [Ord. 2660 § 7, 1988]. 21.15.092 Convenience store. A convenience store shall mean a small retail commercial establishment which sells and/or rents a limited selection and variety of perishable and nonperishable food items and grocery related items, video cassettes and sun- dries which by their nature are geared toward rapid customer turnover. [Ord. 2660 § 6, 1988]. 21.15.095 Congregate care facility. A congregate care facility shall be given the same definition as a retirement home. [Ord. 2818 § 4, 1991]. 21.15.100 Corner lot. Corner lot means a lot which has frontage on two or more streets where the streets meet. 21.15.110 Coverage. Coverage means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or support- ing members or from a point two and one-half feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. 21-7 (Revised 8/96) 21.20.010 Chapter 21.20 "D" TERMS Sections: 21.20.010 Day-care facility. 21.20.020 Dedication. 21.20.030 Domestic animal. 21.20.035 Dock. 21.20.040 Drive-in business. 21.20.050 Dwelling unit. 21.20.010 Day-care facility. The following definitions shall apply to the various day-care facilities allowed in the dif- ferent 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 chil- dren 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 accom- modates 12 or fewer children including those of the resident family who are under the age of 12 years of age, regardless of whether said ser- vices are provided for compensation. C. Day -Care Center: A structure for the care of children under the age of 12 located in a facility which accommodates 13 or more children regardless of whether such services are provided for compensation. [Ord. 2458 § 4, 1984]. 21.20.020 Dedication. Dedication means the gift of land by an owner for any public use. 21.20.030 Domestic animal. Domestic animal means one normally kept incidental to a single-family dwelling. In- cluded are dogs and cats; excluded are wild or exotic animals, horses and cows, chickens, goats, or other similar animals. 21.20.035 Dock. Dock means a structure designed to float upon the water, and which is attached to shore- line and is used for moorage or other water - related activity such as swimming or diving. [Ord. 2605 § 3, 1987]. 21.20.040 Drive-in business. A drive-in business means a business or por- tion of a business where a consumer is permit- ted or encouraged either by the design of physical facilities or by the provisions of ser- vices and/or packaging procedures, to carry on business while seated in a motor vehicle. In some instances, such as self-service gasoline stations, customers may need to get out of their vehicle in order to obtain the product or ser- vice. This definition shall include but not be limited to service stations, car washes, and drive-in restaurants or banks. [Ord. 2660 § 5, 1988]. 21.20.050 Dwelling unit. Dwelling unit means a building providing complete housekeeping facilities for one fam- ily. Dwelling unit does not include recreation vehicles or mobile homes. (See also, Multiple Dwelling Units and Family.) (Revised 8/96) 21-8 Edmonds Community Development Code 21.30.030 Chapter 21.25 "E" TERMS Sections: 21.25.010 Easement. 21.25.020 Equipment shelter or cabinet. 21.25.010 Easement. Land which has specific air, surface, or sub- surface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. [Ord. 2924 § 1, 1993]. 21.25.020 Equipment shelter or cabinet. Equipment shelter or cabinet is a room, cab- inet or building used to house equipment for utility or service providers (see Title 22, Plates 1 — 4). [Ord. 3099 § 6, 1996]. Chapter 21.30 "F" TERMS Sections: 21.30.010 Family. 21.30.020 Fence. 21.30.030 Flag lot. 21.30.035 Float, recreational. 21.30.040 Floor area. 21.30.050 Formal subdivision. 21.30.060 Foster home. 21.30.070 Fraternity. 21.30.080 Freestanding sign. 21.30.010 Family. Family means an individual or two or more persons related by genetics, adoption, or mar- riage, or a group of five or fewer persons who are not related by genetics, adoption, or mar- riage and none of whom are wards of the court unless such wards are related by genetics, adoption, or marriage to all other members of such group living together in a dwelling unit. 21.30.020 Fence. Fence means any construction of wood, metal, masonry or other material which pro- vides a visual and/or physical obstruction to an observer at ground level. This definition shall exclude any portion of a retaining wall which is below finished grade and which is contigu- ous with the fence. Any portion of a base or foundation for the fence which does not serve a necessary and bona fide purpose of retaining earth shall not be considered a retaining wall but rather a part of the fence. [Ord. 2772 § 2, 1990] . 21.30.030 Flag lot. Flag lot means a lot which has a frontage of less than one-half of the minimum lot width on the principal street or principal access ease- ment. Flag lots are also known as pipestem lots or panhandle lots. (See also, Lot.) 21-9 (Revised 8/96) 21.30.035 21.30.035 Float, recreational. A recreational float is an offshore platform used for water -dependent activities such as swimming and diving. [Ord. 2605 § 4, 1987]. 21.30.040 Floor area. Floor area means the sum of the gross hori- zontal areas of the floors of a building or build- ings, measured from the exterior faces of exterior walls and from the centerline of divi- sion walls. Floor area shall include: basement space, elevator shafts and stairwell at each floor, mechanical equipment rooms or attic spaces with headroom of seven feet six inches or more, penthouse floors, interior balconies and mezzanines, and enclosed porches. Floor area shall not include: accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than seven feet six inches, exterior steps or stairs, terraces, breezeways, and open spaces. 21.30.050 Formal subdivision. (See ECDC 20.75.030.) 21.30.060 Foster home. Foster home means a social service facility licensed by the state as a full-time foster family and described as an agency which regularly provides on a 24-hour basis to one or more individuals, but not more than six individuals. [Ord. 2818 § 3, 1991]. 21.30.070 Fraternity. Fraternity means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning and regulated in some part by that institution. 21.30.080 Freestanding sign. Freestanding sign means a sign not attached to a building. [Ord. 2605 § 4, 1987]. Chapter 21.35 "G" TERMS Sections: 21.35.010 Garage. 21.35.017 Ground floor. 21.35.020 Group sign. 21.35.030 Guest house. 21.35.040 Guyed tower. 21.35.010 Garage. (See also, Commercial Garage.) 21.35.017 Ground floor. The ground floor of a structure is that floor which is closest in elevation to the finished grade along the width of the side of the struc- ture that is principally oriented to the street which provides primary access to the subject property. A structure consisting of a building with multiple entrances divided into individual offices and related uses shall have only one ground floor. In the event that the use of the building shifts traffic from one entrance to another or there is uncertainty in determining which entrance provides "primary access," the primary entrance as established by the historic use of the structure shall control unless the transfer of the "primary access" from one street orientation to another is brought about in conjunction with the building or its use being brought into full compliance with all current code requirements. [Ord. 2958 § 4, 1993]. 21.35.020 Group sign. Group sign means a sign or signs on one sign structure serving two or more businesses sharing a parking facility. 21.35.030 Guest house. Guest house means a detached structure with not more than two bedrooms, accessory to a single-family dwelling, having no kitchen facilities, used primarily for sleeping quarters, not occupied by paying tenants, and located on a lot of at least 20,000 square feet in area. (Revised 8/96) 21-10 Edmonds Community Development Code 21.40.030 21.35.040 Guyed tower. Guyed tower is a wireless communication support structure which is usually over 100 feet tall, which consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower. Guyed towers are often constructed in rural areas and are used to support antennas and related equipment. [Ord. 3099 § 7, 1996]. Chapter 21.40 "H" TERMS Sections: 21.40.005 Halfway house. 21.40.010 Hearing examiner. 21.40.020 Hedge. 21.40.030 Height. 21.40.040 Home occupation. 21.40.050 Horse. 21.40.055 Hospitals. 21.40.060 Hotel. 21.40.005 Halfway house. A halfway house shall include state licensed group care homes for juvenile delinquents, halfway houses providing residence in lieu of institutional sentencing, halfway houses pro- viding residence to those needing correctional institutionalization, and detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from the effects of alcohol and drugs. [Ord. 2820 § 6, 1991]. 21.40.010 Hearing examiner. Hearing examiner means the person employed by the city of Edmonds to hold hear- ings and make recommendations or decisions on various land use applications. 21.40.020 Hedge. Hedge means a fence or boundary formed by a dense row of shrubs or low trees. 21.40.030 Height. 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, excluding the following: A. Church steeples; B. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height, for that portion above the height limit; 21-10.1 (Revised 8/96) This page left intentionally blank. (Revised 8/96) 21-10.2 Edmonds Community Development Code 21.55.020 Chapter 21.50 "K" TERMS Sections: 21.50.010 Kennel. 21.50.020 Kitchen. 21.50.010 Kennel. (See, Commercial Kennel.) 21.50.020 Kitchen. Kitchen means any room used for cooking or preparation of food. Chapter 21.55 "L" TERMS Sections: 21.55.005 Lattice tower. 21.55.010 Lot. 21.55.020 Lot area. 21.55.030 Lot depth. 21.55.040 Lot line. 21.55.050 Lot width. 21.55.060 Landslide hazard area and earth subsidence. 21.55.005 Lattice tower. Lattice tower is a wireless communication support structure which consists of metal crossed strips or bars to support antennas and related equipment (see Title 22, Plate 3). [Ord. 3099 § 8, 1996]. 21.55.010 Lot. Lot means a single tract of land legally cre- ated as a separate building site with frontage on a street or access easement. For purposes of this code, adjoining lots under common ownership, which were created without subdivision or short subdivision approval from applicable city or county governments, shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements. (See also, Corner Lot, Flag Lot, Interior Lot, and Irregular Lot.) 21.55.020 Lot area. Lot area means the total horizontal area within the boundary lines of a lot. Lot area shall normally exclude any street rights -of - way and access easements. If additional right- of-way has been required in accordance with the provisions of ECDC 18.80.010, note 4, as the same exists or is hereafter amended, lot area shall be calculated to include the addi- tional right-of-way required over and above 21-13 (Revised 8/96) 21.55.030 the standard established by that section. [Ord. 2713, 1989]. 21.55.030 Lot depth. Lot depth means the depth of the lot mea- sured on a line approximately perpendicular to the fronting street and midway between the sidelines of the lot. 21.55.040 Lot line. Lot line means any line enclosing the lot area. (See also, Rear Lot Line, Side Lot Line, and Street Lot Line.) 21.55.050 Lot width. Lot width means the distance between the lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line. Excluded from the computation will be that area of the lot used primarily for access. 21.55.060 Landslide hazard area and earth subsidence. Those areas identified in the Roger Lowe Associates, Inc. report as on file with the city clerk and the accompanying landslide hazard map as having a greater than zero percent probability of landslide or subsidence hazard. [Ord. 2445 § 2, 1984]. Chapter 21.60 "M" TERMS Sections: 21.60.002 Macro facility. 21.60.004 Micro facility. 21.60.006 Mini facility. 21.60.010 Mobile home. 21.60.020 Mobile home park. 21.60.030 Moorage. 21.60.040 Motel. 21.60.045 Monopole I. 21.60.046 Monopole II. 21.60.050 Multiple dwelling. 21.60.060 Multiple dwelling units. 21.60.002 Macro facility. Macro facility is an attached wireless com- munication facility which consists of antennas equal to or less than 15 feet in height or a par- abolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate as viewed from any one point. [Ord. 3099 § 9, 1996]. 21.60.004 Micro facility. Micro facility is an attached wireless com- munication facility which consists of antennas equal to or less than four feet in height (except omni-directional antennas which may be up to six feet in height) and with an area of not more than 580 square inches in the aggregate (e.g., one -foot diameter parabola or two -foot by one and one -half -foot panel) as viewed from any one point. The permitted antenna height includes the wireless communication facility support structure (see Title 22, Plate 1). [Ord. 3099 § 10, 1996]. 21.60.006 Mini facility. Mini facility is an attached wireless commu- nication facility which consists of antennas equal to or less than 10 feet in height or a par- abolic antenna up to one meter (39.37 inches) in diameter and with an area not more than 50 (Revised 8/96) 21-14 Edmonds Community Development Code 21.60.050 square feet in the aggregate as viewed from any one point. [Ord. 3099 § 11, 1996]. 21.60.010 Mobile home. Mobile home means a building over 32 feet in length, assembled and transported to a site ready for occupancy, and which is not placed on a permanent foundation and does not meet the provision of the building code for houses. (See also, Trailer.) 21.60.020 Mobile home park. Mobile home park means land where two or more mobile homes are stored or used. (See also, Trailer Park.) 21.60.030 Moorage. Moorage means a place to tie up or anchor a boat. 21.60.040 Motel. Motel means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommoda- tions for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names. (See also, Hotel.) 21.60.045 Monopole I. Monopole I is a wireless communication facility which consists of a support structure, the height of which shall not exceed 60 feet (see Title 22, Plate 2). [Ord. 3099 § 12, 1996]. 21.60.046 Monopole II. Monopole II is a wireless communication facility which consists of a wireless communi- cations support structure, greater than 60 feet in height erected to support wireless communi- cation antennas and connecting appurtenances (see Title 22, Plate 2). [Ord. 3099 § 13, 1996]. 21.60.050 Multiple dwelling. Multiple dwelling means a building or a group of buildings on the same site containing two or more separate dwelling units. (See also, Dwelling Unit.) 21-14.1 (Revised 8/96) This page left intentionally blank. (Revised 8/96) 21-14.2 Edmonds Community Development Code 21.85.080 Chapter 21.85 "R" TERMS Sections: 21.85.010 Rear lot line. 21.85.020 Rear setback. 21.85.030 Recreation facilities. 21.85.035 Related equipment. 21.85.040 Restaurant. 21.85.050 Retirement home. 21.85.060 Riding academy. 21.85.070 Roof. 21.85.080 Rooming house. 21.85.010 Rear lot line. Rear lot line means a line or lines which are opposite and most distant from the street lot line. (See also, Lot Line.) 21.85.020 Rear setback. Rear setback means the minimum distance required by this code for buildings to be set back from the rear lot line. (See also, Setback.) 21.85.030 Recreation facilities. Recreation facilities means uses such as boat or yacht clubs, swimming pools, athletic clubs, golf, and country clubs, tennis courts, and so forth. 21.85.035 Related equipment. Related equipment is all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, con- duit and connectors. [Ord. 3099 § 14, 1996]. 21.85.040 Restaurant. Restaurant means a building where food is sold to the public for on -premises consump- tion or to go. It may include alcoholic beverage service only if under a class C, D, or H state liquor license. 21.85.050 Retirement home. Retirement home means a place of resi- dence for several families or individuals in apartment -like quarters, which may feature services such as limited nursing facilities, min- imum maintenance living accommodations, and recreation programs and facilities. 21.85.060 Riding academy. Riding academy means an establishment where horses are kept for riding, driving, or stabling for compensation or as an accessory use in the operation of a club, association, ranch or similar establishment. 21.85.070 Roof. Roof means the top covering of a building or structure. 21.85.080 Rooming house. Rooming house means a boarding house. 21-17 (Revised 8/96) 21.90.008 Chapter 21.90 "S" TERMS Sections: 21.90.008 Satellite television antenna. 21.90.009 Seasonal farmers' market. 21.90.010 Secondary use. 21.90.011 Service club. 21.90.012 Service station, automobiles. 21.90.014 Service station, self. 21.90.020 Setback. 21.90.030 Short subdivision. 21.90.040 Side lot line. 21.90.050 Side setback. 21.90.060 Sidewalk or trail. 21.90.070 Sign. 21.90.080 Single-family dwelling (unit). 21.90.090 Site. 21.90.095 Small animal hospital. 21.90.100 Sorority. 21.90.101 Specific anatomical areas. 21.90.102 Specific sexual activities. 21.90.110 Story. 21.90.120 Street. 21.90.130 Street lot line. 21.90.140 Street setback. 21.90.150 Structure. 21.90.160 Structural alterations. 21.90.170 Subdivision. 21.90.008 Satellite television antenna. A satellite television antenna is an apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit. (Ord. 2526 § 1, 1985.) 21.09.009 Seasonal farmers' market. Seasonal farmers' market is a retail market specializing in the sale of farm -grown or home-grown produce, flowers, plants or other similar perishable goods. The market is sea- sonal use permitted only during the period between May and September, inclusive, of any given year. [Ord. 3103 § 2, 1996]. 21.90.010 Secondary use. Secondary use means a use of a site which is secondary and subordinate to the primary use of the site, and may exist only when a primary use is existing on the same lot. The floor area devoted to all secondary uses shall be less than that devoted to the primary use. 21.90.011 Service club. A service club is a bona fide charitable, non- discriminatory fraternal, or service organiza- tion, incorporated as a not -for -profit organiza- tion under the laws of the state of Washington, recognized as a tax exempt organization by the Internal Revenue Service, and performing community service within the city of Ed- monds. [Ord. 2710, 1989]. 21.90.012 Service station, automobiles. An automobile station means a business that provides for any or all of the following: A. The sale of gasoline, diesel or other fuels used for the propulsion of motor vehicles, when such products are delivered directly into the fuel tanks of automobiles. B. The servicing of motor vehicles and operations incidental thereto, incidental to the retail sale of fuels, petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; auto detailing; tire changing and repairing (excluding recapping); battery service whether charging or replacement, excluding repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; and installation of automotive accessories. C. The following services if performed entirely within a building: lubrication of motor vehicles; brake service limited to servicing and replacement of brake cylinders, aligns and brake shoes; wheel balancing; inspection, test- ing, adjustment, and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring, muf- (Revised 8/96) 21-18 Edmonds Community Development Code 21.90.102 flers and tail pipes, and pollution control devices and equipment. [Ord. 2660 § 3, 1988]. 21.90.014 Service station, self. For the purposes of this code a "self-service station" means an automobile service station at which one or more of the fuel dispensing pumps is designated for operation by the retail gasoline consumer. [Ord. 2660 § 4, 1988]. 21.90.020 Setback. Setback means the minimum distance that buildings/structures or uses must be set back from a lot line, excluding up to 30 inches of eaves. (See also, Rear Setback, Side Setback, and Street Setback.) 21.90.030 Short subdivision. (See ECDC 20.75.030.) 21.90.040 Side lot line. Side lot line means any lot line that is not a street or rear lot line. (See also, Lot Line.) 21.90.050 Side setback. Side setback is the minimum distance required by this code for a building to be set back from a side lot line. 21.90.060 Sidewalk or trail. Sidewalk or trail for purposes of ECDC Title 15 means pedestrian facilities which are not desirable routes for bicycles because of curbs, obstacles, uneven surfaces, and pedes- trian traffic, etc. They are primarily for pedes- trian use. 21.90.070 Sign. (See ECDC 20.60.010.) A. Attached, see Attached Sign. B. Construction, see Chapter 19.45 ECDC. C. Freestanding, see Freestanding Sign. D. Group, see Group Sign. E. Permit, see Chapter 20.60 ECDC. F. Projecting, see Projecting Sign. G. Wall, see Wall Sign. H. Window, see Window Sign. 21.90.080 Single-family dwelling (unit). Single-family dwelling (and single-family dwelling unit) means a detached building used by one family, limited to one per lot. 21.90.090 Site. Site, when used in describing an approval or permit process in this code, means the property which is the subject of the approval or permit application. 21.90.095 Small animal hospital. A small animal hospital means a veterinary facility which treats small domestic house pets such as dogs, cats, birds, fish and/or other small exotic animals under 100 pounds. This defini- tion shall not include veterinary facilities which board or breed domestic animals or which treat, board or otherwise house or care for horses, sheep, cattle, pigs or other species of animals which typically weigh over 100 pounds per mature individual. [Ord. 2759 § 3, 1990] . 21.90.100 Sorority. Sorority means the same type of use as a fra- ternity, particularly for females. 21.90.101 Specific anatomical areas. Specific anatomical areas are defined as: A. Less than completely and opaquely cov- ered human genitals, pubic region, buttocks, and the female breast below a point immedi- ately above the top of the areola; B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. [Ord. 2279 § 4, 1982]. 21.90.102 Specific sexual activities. Specific sexual activities is defined as: A. Human genitals in a state of sexual stim- ulation; and/or B. Acts of human masturbation, sexual intercourse or sodomy; and/or C. Fondling or other erotic touching of human genitals, pubic region, buttocks, or the female breast. [Ord. 2279 § 5, 1982]. 21-19 (Revised 8/96) 21.90.110 21.90.110 Story. Story means that part of a building lying between two floors or between the floor and ceiling of the highest usable level in the build- ing. 21.90.120 Street. Street means the public or private right-of- way or access easement which provides vehi- cle access to more than three lots. 21.90.130 Street lot line. Street lot line means the line or lines along the edge of a street or access right-of-way or easement. Where the official street map shows a proposed right-of-way, the edge of the pro- posed right-of-way shall be used as the street lot line. If additional right-of-way has been required as provided in ECDC 18.80.010, note 4, and such requirement unreasonably restricts the building footprint established by setback requirements, the city staff may calculate required setbacks for issuance of a building permit by alternatively measuring the setback from the standard street lot line, and not from the new street lot line as increased by a requirement levied under the authority of ECDC 18.80.010, note 4. [Ord. 2713, 1989]. 21.90.140 Street setback. Street setback means the minimum distance required by this code for buildings to be set back from the street lot line. 21.90.150 Structure. Structure means a combination of materials constructed and erected permanently on the ground or attached to something having a per- manent location on the ground. Not included are residential fences less than six feet in height, retaining walls, rockeries, and similar improvements of a minor character less than three feet in height. 21.90.160 Structural alterations. (See Alterations.) 21.90.170 Subdivision. (See ECDC 20.75.030.) (Revised 8/96) 21-20 Edmonds Community Development Code 21.100.080 Chapter 21.100 "T" TERMS Sections: 21.100.010 Tavern. 21.100.020 Temporary building or structure. 21.100.030 Through lot. 21.100.040 Townhouse. 21.100.050 Trails. 21.100.060 Trailer. 21.100.070 Trailer park. 21.100.080 Transmission tower. 21.100.010 Tavern. Tavern means a building where beer and/or wine is served to the public, which holds a class A or B license from the Washington State Liquor Control Board. 21.100.020 Temporary building or structure. Temporary building or structure means a building or structure not having or requiring permanent attachment to the ground or involv- ing structures which have no required perma- nent attachment to the ground. 21.100.030 Through lot. Through lot means a lot fronting on two streets that is not a corner lot. 21.100.040 Townhouse. Townhouse means a multiple dwelling unit meeting the following criteria: A. No dwelling unit overlapping another vertically; B. Common side walls joining units; C. Not more than six dwelling units in one structure; D. Coverage shall not exceed the aggregate coverage of the individual structures as defined in the zoning code; E. Lot area per unit for purposes of subdivi- sion may be as small as the coverage of the individual unit, so long as the overall density meets the zoning on the site. Portions of the site not subdivided for individual units shall be held in common by the owners of the individ- ual units. 21.100.050 Trails. (See Sidewalks.) 21.100.060 Trailer. Trailer means a vehicle designed for short- term living, small enough to be towed by a standard automobile. (See also, Mobile Home.) 21.100.070 Trailer park. Trailer park means land used for the tempo- rary parking of two or more trailers. (See also, Mobile Home Park.) 21.100.080 Transmission tower. Transmission tower is a freestanding struc- ture, other than a building, on which commu- nication devices are mounted. Transmission towers may serve either as a major or minor communication facility. Examples include, but are not limited to: A. Monopoles; B. Lattice towers; C. Guyed towers. [Ord. 3099 § 15, 1996]. 21-21 (Revised 8/96) 21.105.010 Chapter 21.105 "U" TERMS Sections: 21.105.010 Undisturbed soil. 21.105.115 Usable satellite signal. 21.105.020 Use. 21.105.030 Used car lot (or sales). 21.105.010 Undisturbed soil. Undisturbed soil means the condition of the site at the time a building permit application is made to the city, before any site work occurs. However, where the site has been altered by grading, cutting, or filling or similar activities before the application for a building permit, the building official shall make the determina- tion from then available data of the mean ele- vation of the undisturbed soil. If the undisturbed soil elevation is not readily deter- mined due to demolition of an existing struc- ture, the contours may be reconstructed by the building official to coincide with adjoining topography to determine the undisturbed soil elevations. If the proposed structure occurs where no setbacks are required, the elevation of the surface (sidewalk, alley, or soil) of the property line at or nearest the intersection of the sides of the building height rectangle will be considered undisturbed soil. Where the building official deems it necessary, he shall have the right to require establishment of a datum point from which all height measure- ments shall be made. 21.105.115 Usable satellite signal. A usable satellite signal is a satellite signal which when acquired by the use of a properly installed, maintained, and operated satellite television antenna of a high quality readily available on the public market and when viewed on a conventional television set is at least equal in picture quality to that received from local commercial television stations or by way of cable television. [Ord. 2526 § 2, 1985]. 21.105.020 Use. Use means the purpose land or building or structures now serve or for which they are occupied, maintained, arranged, designed, or intended. (See also, Accessory Use, Condi- tional Use, Commercial Use, Permitted Use, Primary Use, Private Use, and Secondary Use.) 21.105.030 Used car lot (or sales). Used car lot (and used car sales) means any place outside a building where two or more used automobiles are offered or displayed for sale. (Revised 8/96) 21-22 Edmonds Community Development Code 21.115.030 Chapter 21.110 "V" TERMS Sections: 21.110.010 Vacation. 21.110.010 Vacation. A statutory procedure by which the city may relinquish its interest in streets, alleys, or ease- ments. [Ord. 2926 § 1, 1993]. Chapter 21.115 "W" TERMS Sections: 21.115.010 Wall sign. 21.115.020 Window sign. 21.115.022 Wireless communication facility. 21.115.024 Wireless communication support structure. 21.115.030 Working day. 21.115.010 Wall sign. Wall sign means a sign that is parallel to and not projecting at any angle from a wall, or which is painted directly on a wall. 21.115.020 Window sign. Window sign means a sign which is attached to (including paint or other adhesive method), or located near, a window so as to be seen as a sign by persons outside the building. 21.115.022 Wireless communication facility. Wireless communication facility is an unstaffed facility for the transmission and reception of low -power radio signals consist- ing of an equipment shelter or cabinet, a sup- port structure, antennas (e.g., omni- directional, panel/directional or parabolic) and related equipment. [Ord. 3099 § 16, 1996]. 21.115.024 Wireless communication support structure. Wireless communication support structure is the structure erected to support wireless communication antennas and connecting ap- purtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers (see Title 22, Plates 1 — 4). [Ord. 3099 § 17, 1996]. 21.115.030 Working day. Working day means any day during which the city administrative offices are open for nor- mal business. [Ord. 2269 § 2, 1982]. 21-23 (Revised 8/96) Edmonds Community Development Code Ordinance Table 915 12/19/61 Moving buildings (19.35) 2461 09/25/84 Adopts SEPA rules, repeals Ch. 20.15 1429 07/01/69 Street name changes (19.80) (20.15A) 1522 12/01/70 Amending swimming pool code (19.55) 2466 11/20/84 Provides subdivision compliance (20.75) 1715 06/04/74 Adopts 1973 Uniform Plumbing Code 2470 12/04/84 Draining of swimming pools (18.10) (19.30) 2471 12/04/84 Application for parking lot construction 2138 05/13/80 Commercial vehicle parking (8.48, 17.50) (18.95) 2190 01/06/81 Revised fees for planning building (15.00) 2475 01/15/85 Streets and driveways (18.80) 2191 01/20/81 New business license fees (4.72) (15.00) 2477 01/15/85 Adopts comprehensive sidewalk plan 2242 10/13/81 Enforcement of sign code (20.60) (15.50, 18.90) 2252 12/22/81 Raises in -lieu parking fees (15.00, 17.50) 2479 02/05/85 Barrier -free design standards (19.95) 2264 02/02/82 Adopting 1981 Edition of APWA 2485 03/12/85 Hearing examiner may hold hearings Standards(18.80) (20.100) 2266 02/09/82 Requiring conditional use permit for 2488 04/02/85 Amends sign code (20.60) amusement (16.50) 2491 04/23/85 Amends Ch. 18.05 re: undergrounding 2268 02/09/82 Allows radio antennas to exceed 15 feet (18.05) (16.20) 2493 05/14/85 Amends Ch. 20.70, establishing 2269 02/09/82 Defines term "working day" (20.105, presumptions (20.70) 21.115) 2498 06/04/85 Amends variance authority for 2270 02/09/82 Planning director authority (20.05) undergrounding (15.00, 18.05) 2271 02/09/82 In -lieu parking (17.50) 2502 06/18/85 Adds § 21.05.025 to define term "alley" 2273 02/09/82 Increases fees for land use application (21.05) (15.00) 2514 08/06/85 Call for election on general obligation 2277 03/09/82 Sign permit application (20.10, 20.60, bonds (17.50) 20.105) 2519 09/03/85 Repeals Appendix 1 of Uniform Building 2279 03/16/82 Prohibiting adult theatres (16.00, 21.05, Code (19.00) 21.90) 2526 10/01/85 Regulation of installation of satellite 2280 03/23/82 Filing parking plan prior to issuance (16.20, 16.30, 16.45, 16.50, 16.55, 21.90, (17.50) 21.105) 2283 03/30/82 Allows bus stop shelters (16.20, 16.30, 2527 10/15/85 Amendments re: Highway 99 (16.60) 16.45, 16.50, 16.55) 2534 11/12/85 Limits class of person benefited (19.100) 2287 04/20/82 Regulating trailer signs (20.60) 2536 l l//85 Establishes license for street vendor (4.12, 2290 05/04/82 Uniform Fire Code, Life Safety Code 4.72, 18.70) (19.75) 2541 12/10/85 Clarifies issuance of conditional use 2291 05/04/82 Zoning of annexed land (17.00) permits (17.70) 2292 05/04/82 Aggregating nonconforming lots (17.40) 2548 02/04/86 Amends shoreline master program (15.38) 2302 06/01/82 Amends fees in community development 2549 02/11/86 Regulates permit fees for satellite (15.00) (15.00) 2552 03/18/86 Defines appeal procedure re: hearing 2307 06/29/82 Allows offices in CW zone (16.55) examiner (20.100) 2352 02/08/83 Regulating accessory dwelling units 2559 04/01/86 Amendments re: site development (16.20, 17.50, 20.21, 21.05) standards (16.30) 2353 02/08/83 Smoke detector alarms in residential 2574 08//86 Adopts 1985 Editions of Uniform Codes structures (Repealed by 3035) (19.00, 19.10, 19.15, 19.20, 19.45, 19.55, 2360 03/29/83 Extends time requirement for filing 19.75) (20.35) 2575 08//86 Adopts revised flood insurance rate 2366 05/24/83 Regulating aircraft landings (4.80, 16.50, (19.97) 16.55, 16.60) 2576 08//86 Amends building permit appeal 2374 06/21/83 Amends SEPA ordinance (20.105) procedures (19.00) 2379 07/12/83 Amends community development code 2577 09/09/86 Provides for insurance protection (18.70) (20.75) 2581 09/09/86 Amends provisions of Ord. 2548 (15.38) 2387 07/26/83 Adopts by reference street tree plan 2584 10/07/86 Appeals staff decision, extends period (18.85) (20.105) 2417 02/07/84 Shoreline master program amendments 2585 10/07/86 Swimming pools (19.55) (15.38) 2586 10/07/86 Deletes trailer signs as permitted (20.60) 2419 02/14/84 Floodplain management (19.00, 19.97) 2591 12/09/86 Prohibits appeals by city staff (20.105) 2424 04/10/84 Amends conditional uses (16.30) 2604 03/03/87 Increases building permit fees by $10 2427 05/08/84 Hearing examiner review of sign code (15.00) (20.60) 2605 03/10/87 Permits private piers and boathouses 2428 05/15/84 Amends Title 18, parking (18.95) (16.20, 21.20, 21.30, 21.80) 2429 05/15/84 Amends zoning ordinance (17.40, 20.60) 2610 05/05/87 Location (spacing) of private fire alarms 2436 06/09/84 Adopts 1982 building codes (19.00) (19.75) 2445 07/17/84 Lifts building moratorium (21.55) 2611 05/05/87 Smoke detectors (19.75) 2458 09/04/84 Regulation of home day care facilities 2615 05/12/87 Permits mobile homes (16.60) (16.20, 16.30, 20.19, 21.20) 2616 05/12/87 Reconsideration of hearing examiner decision (20.100) Tables -1 (Revised 8/96) Ordinance Table 2621 06/02/87 Amends § 19.55.060 re: swimming pools 2829 04/02/91 Amends § 20.15A.290(a) (20.15A) (19.55) 2833 05/12/91 Amends § 17.70.030 (17.70) 2623 06/09/87 Amends short subdivision ordinance 2842 07/16/91 Amends § 15.00.020(a) (15.00) (20.75) 2866 01/21/92 Amends § 19.05.050 (19.05) 2626 07/07/87 Amends Title 19 to comply with state law 2867 01/28/92 Amends § 20.105.010 (20.105) (19.25, 19.30, 19.75) 2874 03/17/92 Adds interim critical areas (Expired) 2640 10/06/87 Amends Ch. 18.05 re: utility wires (18.05) 2876 03/31/92 Amends Ord. 2874 (Repealed by 3076) 2652 01/17/88 Amends § 17.40.020 (17.40) 2877 03/31/92 Repealing and reenacting Ch. 16.65 2655 02/02/88 Establishes building permit fees (15.00) (16.65, 16.80) 2660 03/01/88 Amends conditional use for convenience 2879 04/21/92 Amends § 15.36.020(c) and 15.36.030 stores (16.45, 16.50, 21.15, 21.20, 21.90) (15.36) 2661 03/01/88 Enacts provisions relating to landslides 2882 05/18/92 Amends § 15.00.020, fee schedules (19.00, 19.05) (15.00) 2666 03/15/88 Amends Ord. 2661 re: landslide hazard 2885 06/16/92 Amends § 2 of Ord. 2874 (Repealed by (19.05) 3076) 2673 06/21/88 Family day care and mini -day care (16.20, 2890 07/07/92 1991 Editions of Uniform Building and 16.30, 20.19) Fire Codes (19.00, 19.05, 19.20, 19.25, 2676 07//88 Suspends water service (7.10, 20.105) 19.30, 19.45, 19.55, 19.75, 19.90, 19.95, 2691 11/22/88 Amends CDC re: flood damage prevention 19.96) (19.97) 2913 01/26/93 Adopting commute trip reduction (17.95, 2704 03/13/89 Amends § 20.90.020 relating to testimony 20.110) (20.91) 2916 04/06/93 Amending § 18.40.020 (18.40) 2705 03/21/89 Amends § 20.105.060 re: development 2917 04/06/93 Amending relating to expiration (19.00) code (20.105) 2919 04/30/93 Amends that owners must notify (20.91) 2710 04/25/89 Service club signs (20.60, 21.90) 2920 04/20/93 Amends on average front setback (16.20) 2712 04/25/89 Condemns certain property for 208th 2921 04/20/93 Amends for site development (16.60) (21.30) 2922 04/20/93 Repealing Ch. 20.50, setback adjustment 2713 04/20/89 Amends CDC relating to street standards (20.50) (18.80, 21.55, 21.90) 2924 04/20/93 Adding new section to definitions (21.20) 2724 06/27/89 Replaces rescinded Ord. 2721 (19.75) 2925 04/20/93 Adding new section to definitions (21.80) 2725 07/05/89 Adopts 1988 version of Uniform Building 2926 04/20/93 Adding a new chapter to definition Code (19.00, 19.10, 19.15, 19.20, 19.25, (21.105) 19.30, 19.45, 19.55, 19.75) 2927 04/20/93 Amendments relating to street use plan 2726 07/05/89 Provides for public hearing notice (20.91) (15.00, 18.70) 2728 07/25/89 Amendments re: compliance (19.05) 2930 05/18/93 Amends Ch. 20.55; adds § 20.55.020 2731 08/01/89 Amends § 18.80.070 re: alley access (20.55, 20.91) (18.80) 2933 06/11/93 Repealing and reenacting Ch. 20.70 2737 09/26/89 Provides maximum slope of parking lot (20.70) (18.95) 2934 06/01/93 Amends Ch. 20.110 re: public nuisance 2747 01/02/90 Adds new Ch. 17.90 (17.90) (20.110) 2754 02/20/90 Amends procedure re: street name change 2935 06/01/93 Amends Ch. 20.50, establishes sunset (18.50) clause (Expired) 2759 02/27/90 Amends to permit small animal hospital 2936 06/01/93 Retitles and amends § 17.40.070 (17.40) (16.45, 21.15, 21.90) 2938 07/20/93 Amends § 19.05.005, renumbers and adds 2769 04/17/90 Provides alternate vesting of development sections (19.05) rights (19.00, 20.10) 2950 09/07/93 Repeals § 18.40.030, conditional use 2771 04/24/90 Amends provisions of dangerous building permit, grading (20.15A) code (19.20) 2951 09/07/93 Amends Ch. 20.20 re: home occupation 2772 05/22/90 Amends § 21.30.020 (17.30, 21.30) (20.20) 2776 06/05/90 Access to dwelling units (20.21) 2952 09/28/93 Amends § 15.00.020(a)(17) (15.00) 2781 06//90 Amends § 15.10.000 to include elements 2954 09/28/93 Amends Ch. 17.30, fences (17.30) (Repealed by 3030) 2955 10/05/93 Amends Ch. 20.10, architectural design 2792 08/28/90 ADB landscape standards (20.12) (20.10) 2794 09/18/90 Prohibits tandem parking (18.95) 2958 10//93 Amends § 21.35.017, definition (16.50, 2801 10/16/90 New Ch. 10.110, establishes civil 21.35, 21.60) violation (20.110) 2959 11/01/93 Amends Ch. 20.10, architectural design 2804 11/05/90 Adds Ch. 18.45 re: land clearing (18.45) (20.10) 2817 01/08/91 Amends Ch. 20 re: accessory dwelling 2971 01/25/94 Add § 3.13.091, public art projects (3.13) (20.21) (20.10) 2818 01/08/91 Amends re: low income elderly (16.30, 2979 04/05/94 Amends Ch. 19, building code: permit 20.25, 21.15, 21.30, 21.40) (19.00) 2819 01/15/91 Amends Ch. 17.50.090 (17.50) 2981 05/17/94 Scrivener's error § 17.40.030 (17.40) 2820 01/27/91 Amends § 16.30.010 (16.30, 16.60, 20.35, 2984 06/07/94 Open air market temporary license (16.50, 21.40) 16.60) (Revised 8/96) Tables - 2 Edmonds Community Development Code Ordinance Table 2991 08/16/94 Amends § 20.75.155 (20.75) 3013 03/21/95 Adds Ch. 18.30, storm water management (18.30) 3014 03/21/95 Repeals and replaces §§ 20.1513.070 (A)(3)(c), 20.15B.120(A), (D) and (E)(5), and amends § 20.105.010(A)(4), critical areas (20.105) 3018 04/18/95 Adds § 18.80.005, highway access management (18.80) 3023 05/16/95 Amends § 15.00.020(A), 20.10.010, 20.10.020(A), 20.10.080, 20.12.000, 20.60.020, community development code (15.00, 20.10, 20.12, 20.60) 3024 05/16/95 Amends § 17.40.030, community development code (17.40) 3028 06/06/95 Adds § 20.15B.040(D), community development code (Expired) 3030 06/30/95 Repeals Chs. 15.05 — 15.30, 15.45 and §§ 15.40.010 and 15.40.020; adds new Ch. 15.05; and repeals and replaces §§ 20.00.010 and 15.40.000 introduction, comprehensive plan (15.05, 15.40) 3035 07/28/95 Repeals and replaces §§ 19.00.000, 19.00.010 introduction and subsection (A),19.00.070 introduction, 19.00.010(F), 19.00.120(A) and (B), 19.05.005, 19.10.000, 19.20.000, 19.25.000, 19.45.000, 19.55.000, 19.75.000, and § 902.2.2.2 of the Uniform Fire Code; repeals §§ 19.75.015 and 19.75.175, building codes (19.00, 19.05,19.10, 19.20, 19.25, 19.45, 19.55, 19.75) 3037 07/28/95 Amends § 20.60.080(H), signs (20.60) 3065 01/23/96 Re-enacts Ch. 20.1513, interim critical areas (Expired) 3074 03/06/96 Amends §§ 20.1513.070, 20.15B.120 and 20.105.010, review criteria and procedures (20.105) 3076 03/19/96 Repeals and replaces Ch. 20.00, changes to the comprehensive plan (20.00) 3078 03/25/96 Adds Ch. 20.91 and §§ 19.00.115, 19.00.127, 19.00.120(D); amends Chs. 20.10, 20.12, 20.60, 20.90, 20.95, 20.100, 20.105, §§ 20.18.020, 20.19.010, 20.35.020, 20.35.040, 20.35.120, 20.40.030, 20.55.020, 20.75.065 and 20.80.020, review criteria and procedures (19.00, 20.10, 20.12, 20.18, 20.19, 20.35, 20.40, 20.55, 20.60, 20.75, 20.80, 20.90, 20.91, 20.95, 20.100, 20.105) 3080 04/02/96 Adds § 20.80.020(C), text and map changes(20.80) 3081 04/02/96 Adds § 17.00.060, general zoning regulations (17.00) 3087 05/07/96 Repeals and replaces Ch. 20.1513, critical areas (20.1513) 3090 05/07/96 Adds §§ 16.20.010(B)(9) and (D)(5), 16.30.010(B)(5) and (D)(3), and 21.15.75; amends § 16.20.010(C), commuter parking (16.20, 16.30, 21.15) 3091 05/07/96 Repeals and replaces § 20.100.020(B), planning advisory board review (20.100) 3092 05/20/96 Adds § 20.90.005; amends §§ 20.90.000, 20.90.010(B), (E)(2) and (3), and 20.91.010(C)(3)(c); repeals §§ 19.00.115, 19.00.120(D) and 19.00.127, permit processing (19.00, 20.90, 20.91) 3093 05/20/96 Amends 20.60.080(H), sign permits (20.60) 3099 07/02/96 Adds Ch. 20.50, wireless communications facilities, and §§ 21.05.005, 21.05.035, 21.05.055, 21.15.035, 21.25.020, 21.35.040, 21.55.005, 21.60.002, 21.60.004, 21.60.006, 21.60.045, 21.60.046, 21.85.035, 21.100.080, 21.115.022, 21.115.024, definitions (20.50, 21.05, 21.15, 21.25, 21.35, 21.55, 21.60, 21.85, 21.100, 21.115) 3100 07/02/96 Amends §§ 16.50.010(A)(7) and 16.60.010(D)(1), open air markets (16.50, 16.60) 3103 07/16/96 Adds §§ 16.50.030(A)(5) and 21.90.009, seasonal fanners' markets (16.50, 21.90) Tables - 3 (Revised 8/96) Edmonds Community Development Code Building permits —A— Adult entertainment centers See Zoning Agriculture See Zoning Aircraft landings See Zoning Amendments to code Applicability, scope 20.80.000 Procedural 20.80.010 Zoning, planning 20.80.020 Amusement establishments See Zoning Antennae See Zoning Appeal procedures Applicability, scope 20.105.000 Consolidation 20.105.005 Decisions by staff, hearing examiner 20.105.010 Filing 20.105.020 Hearing examiner actions 20.105.040 Procedural irregularities 20.105.050 Review by court 20.105.070 Staff actions 20.105.030 Violation, penalty 20.105.060 Aquaculture Shorelines master program 15.38.000 Aquariums See also Zoning Shorelines master program 15.38.010 Architectural design review Appeals 20.10.080 Applicability, scope 20.10.010 Building design, landscape criteria 20.10.070 Design criteria, examples of 20.10.075 Findings required 20.10.060 Permit approval development, exemptions 20.10.020 time limits, extensions of 20.10.090 Plans, preliminary submittal of 20.10.040 Purpose 20.10.000 Review, notice, bonds 20.10.050 Vesting rights, application of 20.10.045 Art galleries See Zoning Auction businesses See Zoning —B— Boarding houses See Zoning Boat and motor sales and repairs Shorelines master program 15.38.010 Boat launching ramps Shorelines master program 15.38.070 Bond Landscaping 20.12.040 Breakwaters Shorelines master program 15.38.110 Building code Adopted 19.00.000 Amendments Section 106.4 19.00.010 Section 205 19.00.080 Section 3310 19.00.070 Appeals, interpretation of 19.00.060 Architectural design review 19.00.120 Drainage, grading requirements 19.00.030 Fees 19.00.070 Mobile home installation standards 19.00.055 Multiple residential building requirements 19.00.040 Permits See also Building permits application requirements 19.00.110 demolition 19.00.050 issuance 19.00.010 water supply, quality, prior to issuance 19.00.130 Purpose of adoption 19.100.000 Violation, penalty 19.00.080 Building, moving of Application review 19.35.010 Bonds 19.35.050 Inspection 19.35.020 Permits 19.35.000 Plans required 19.35.040 Removal of defective parts 19.35.030 Building permits See also Development permit applications Landslide, earth subsidence hazard areas amendments to code 19.05.005 application requirements, format of 19.05.030 application review 19.05.060 approval of building official for construction 19.05.090 bonds, liability insurance 19.05.050 definitions architect 19.05.020 building official 19.05.020 director 19.05.020 earth subsidence and landslide hazard area 19.05.020 geologist 19.05.020 geotechnical engineer 19.05.020 land surveyor 19.05.020 site 19.05.020 stable 19.05.020 structural engineer 19.05.020 denial, conditions 19.05.080 issuance 19.05.070 monitoring compliance during construction 19.05.100 plans and specifications submittal 19.05.040 purpose 19.05.000 Index-1 (Revised 8/96) Bulkheads Bulkheads Shorelines master program 15.38.100 Bus stop shelters See Zoning —C— Churches See Zoning City council Permit review 20.100.030 Clubhouses See Zoning Colleges and universities See Zoning Commercial activities Shorelines master program 15.38.010 Commercial, sport fishing Shorelines master program 15.38.010 Comprehensive plan See also Zoning Adopted 15.05.000 Changes applicability, scope 20.00.000 council action 20.00.040 findings required 20.00.050 notice 20.00.020 recommendations, copy of 20.00.030 submittal 20.00.010 Comprehensive sidewalk plan adopted 15.50.000 effect, applicability 15.50.010 Comprehensive street plan map 15.40.030 purpose 15.40.000 Fees applications 15.00.020 permits, sewer connection 15.00.030 General 15.35.000 Officials, duties 15.00.040 Purpose 15.00.010 References to code sections, departments, officials 15.00.050 Regulated actions 15.00.060 Severability 15.00.070 Shorelines master program citizen involvement 15.35.010 conservancy environment 15.36.020 environments designated 15.36.000 format of requirements 15.35.020 goals and policies conservation, preservation 15.37.040 economic 15.37.000 environmental 15.3 7.000 historic, cultural, educational, scenic values 15.37.050 land uses 15.37.060 location of thoroughfares and facilities 15.37.020 public access 15.37.010 recreation 15.37.030 implementation administration, permit procedure, uses, and variances 15.39.030 board review 15.39.020 policy changes 15.39.010 purpose, intent 15.39.000 map 15.35.020 natural environment 15.36.030 philosophy 15.35.000 rural environment 15.36.040 urban environment 15.36.010 Title, citation 15.00.000 Conditional use permits See also Zoning Findings, criteria 20.05.010 Requirements, review 20.05.020 Scope 20.05.000 Convalescent homes See Zoning Convenience stores See Zoning Court review See Appeal procedures Critical areas See also Development permit applications; SEPA Administration 20.15B.170 Appeals See Administration Applicability, general procedures 20.1513.030 Applications approvals 20.1513.070 reviews 20.15B.050 Classifications 20.15B.060 Construction of chapter 20.1513.190 Definitions adjacent 20.15B.020 alteration 20.15B.020 best management practices 20.1513.020 buffer 20.1513.020 city 20.15B.020 class 20.1513.020 clearing 20.15B.020 compensation project 20.15B.020 compensatory mitigation 20.15B.020 creation 20.1513.020 critical areas 20.15B.020 critical habitat 20.15B.020 developable area 20.1513.020 development proposal 20.1513.020 enhancement 20.15B.020 erosion 20.15B.020 erosion hazard areas 20.1513.020 existing and ongoing agriculture 20.15B.020 (Revised 8/96) Index-2 Edmonds Community Development Code Definitions fish and wildlife habitat conservation areas 20.15B.020 floodplain 20.15B.020 frequently flooded areas 20.15B.020 functions 20.15B.020 geologically hazardous areas 20.15B.020 geologist 20.15B.020 geotechnical engineer 20.15B.020 grading 20.15B.020 habitats of local importance 20.15B.020 landslide hazard areas 20.15B.020 long-term commercial significance 20.15B.020 mitigation 20.15B.020 native growth protection easements 20.15B.020 native vegetation 20.15B.020 natural resource lands 20.15B.020 noxious weeds 20.15B.020 qualified critical areas consultant 20.15B.020 resource lands 20.15B.020 restoration 20.15B.020 significant habitat 20.15B.020 species of local importance 20.15B.020 steep slope hazard areas 20.15B.020 seismic hazard areas 20.15B.020 Stormwater Management Manual 20.15B.020 streams 20.15B.020 urban growth 20.15B.020 vadose zone 20.15B.020 wetland class 20.15B.020 wetland functions 20.15B.020 wetlands 20.15B.020 Development standards fish and wildlife habitat conservation zone 20.15B.090 frequently flooded areas 20.15B.100 general 20.15B.080 geologically hazardous areas 20.15B.110 streams 20.15B.120 wetlands 20.15B.130 Exemptions and exceptions 20.15B.040 Findings 20.15B.010 Mitigation 20.15B.150 Penalties See Administration Severability 20.15B.180 Studies 20.15B.140 Tracts, notice on title 20.15B.160 Variances See Administration —D— Dangerous building code Additions Section 302 19.20.010 Adopted 19.20.000 Contaminated structures 19.20.010 Day care centers, nurseries, preschools See Zoning Definitions Accessory antenna device 21.05.005 Accessory buildings 21.05.010 Accessory dwelling unit 21.05.015 Accessory use 21.05.020 Adult bookstore 21.05.021 Adult entertainment center 21.05.022 Adult motion picture theater 21.05.023 Alley 21.05.025 Alteration(s) 21.05.040 Animal hospital 21.05.030 Antenna 21.05.035 Attached sign 21.05.050 Attached wireless communication facility 21.05.055 Auto wrecking 21.05.060 Automobile service station 21.90.012 Bike (or bicycle) lane 21.10.010 Bike -pedestrian path 21.10.020 Boarding house 21.10.030 Building 21.00.000, 21.10.040 Building area 21.10.050 Building envelope 21.10.060 Building line 21.10.070 Car (or auto or automobile) wrecking 21.15.010 City 21.15.020 City council (or council) 21.15.030 Co -location 21.15.035 Commercial garage 21.15.050 Commercial kennel 21.15.060 Commercial parking lot 21.15.040 Commercial use 21.15.070 Commuter parking lots 21.15.075 Completely enclosed building 21.15.080 Conditional use 21.15.090 Congregate care facility 21.15.095 Convenience store 21.15.092 Coverage 21.15.110 Day care facility 21.20.010 Dedication 21.20.020 Directional antenna 21.05.035 Dock 21.20.035 Domestic animal 21.20.030 Drive-in business 21.20.040 Dwelling unit 21.20.050 Easement 21.25.010 Equipment shelter, cabinet 21.25.020 Family 21.30.010 Fence 21.30.020 Flag lot 21.30.030 Float, recreational 21.30.035 Floor area 21.30.040 Formal subdivision 21.30.050 Index-3 (Revised 8/96) Definitions Foster home 21.30.060 Primary use 21.80.070 Fraternity 21.30.070 Private 21.80.080 Freestanding sign 21.30.080 Private parking 21.80.090 Garage 21.35.010 Projecting sign 21.80.100 General 21.00.000 Rear lot line 21.85.010 Ground floor 21.35.017 Rear setback 21.85.020 Group sign 21.35.020 Recreational facilities 21.85.030 Guest house 21.35.030 Related equipment 21.85.035 Guyed tower 21.35.040 Restaurant 21.85.040 Halfway house 21.40.005 Retirement home 21.85.050 Hearing examiner 21.40.010 Riding academy 21.85.060 Hedge 21.40.020 Roof 21.85.070 Height 21.40.030 Rooming house 21.85.080 Home occupation 21.40.040 Satellite television antenna 21.90.008 Horse 21.40.050 Seasonal farmers' market 21.90.009 Hospitals 21.40.055 Secondary use 21.90.010 Hotel 21.40.060 Self service station 21.90.014 Interior lot 21.45.010 Service club 21.90.011 Irregular lot 21.45.020 Setback 21.90.020 Kennel 21.50.010 Shall 21.00.000 Kitchen 21.50.020 Short subdivision 21.90.030 Landslide hazard area and earth subsidence 21.55.060 Side lot line 21.90.040 Lattice tower 21.55.005 Side setback 21.90.050 Lot 21.55.010 Sidewalk or trail 21.90.060 Lot area 21.55.020 Sign 21.90.070 Lot, corner 21.15.100 Single-family dwelling unit 21.90.080 Lot depth 21.55.030 Site 21.90.090 Lot line 21.55.040 Small animal hospital 21.90.095 Lot width 21.55.050 Sorority 21.90.100 Macro facility 21.60.002 Specific anatomical areas 21.90.101 May 21.00.000 Specific sexual activities 21.90.102 Micro facility 21.60.004 Story 21.90.110 Mini facility 21.60.006 Street 21.90.120 Mobile home 21.60.010 Street lot line 21.90.130 Mobile home park 21.60.020 Street setback 21.90.140 Monopole I 21.60.045 Structural alterations 21.90.160 Monopole II 21.60.046 Structure 21.90.150 Moorage 21.60.030 Subdivision 21.90.170 Motel 21.60.040 Tavern 21.100.010 Multiple dwelling 21.60.050 Temporary building or structure 21.100.020 Multiple dwelling units 21.60.060 Through lot 21.100.030 Off-street parking 21.75.020 Townhouse 21.100.040 Office 21.75.010 Trailer 21.100.060 Omni -directional antenna 21.05.035 Trailer park 21.100.070 Open space 21.75.030 Trails 21.100.050 Parabolic antenna 21.05.035 Transmission tower 21.100.080 Pedestrian -bike path 21.80.040 Undisturbed soil 21.105.010 Permit coordinator 21.80.020 Usable satellite signal 21.105.115 Permitted use 21.80.010 Use 21.105.020 Person 21.80.030 Used 21.00.000 Petroleum products storage and distributing 21.80.050 Used car lot (or sales) 21.105.030 Pier 21.80.055 Vacation 21.110.010 Planning advisory board 21.80.060 Wall sign 21.115.010 Planning official 21.80.065 Window sign 21.115.020 (Revised 8/96) Index-4 Edmonds Community Development Code Dry land storage Wireless communication facility 21.115.022 Wireless communication support structure 21.115.024 Working day 21.115.030 Development permit applications See also Appeal procedures; Permits Applicability, scope 20.90.000 Exemptions 20.90.005 Hearings, public standards applicability, scope 20.91.000 notice 20.91.010 procedures 20.91.020 Process 20.90.010 Development, residential Shorelines master program 15.38.050 Disposal of solid waste Shorelines master program 15.38.140 Docks, piers, moorage Shorelines master program 15.38.060, 15.38.070 Drainage facilities See Zoning Dredging, spoil deposits See also Zoning Shorelines master program 15.38.150 Drive-in businesses See Zoning Dry cleaning and laundry plants See Zoning Dry land storage Shorelines master program 15.38.010 Index-4.1 (Revised 8/96) This page left intentionally blank. (Revised 8/96) Index-4.2 Edmonds Community Development Code Zoning Fences, gates 19.55.030 Maintenance of pool 19.55.050 Nuisances 19.55.040 Setbacks 19.55.020 Violation, penalty 19.55.060 Swimming pools See under Public works; Zoning —T— Tennis courts See Zoning Trails and paths See also Zoning Shorelines master program 15.38.070 NAM Utilities Shorelines master program 15.38.080 Utility wires See under Public works N'10 Variances See under Zoning Ventilation and indoor air quality standards Adopted 19.96.000 Violation, penalty 19.96.010 Vibration See Performance standards under Zoning IbI'm Waste disposal See Performance standards under Zoning Water storage See Zoning Wireless communications facilities Conditional use permits 20.50.070 Development standards lattice towers 20.50.060 macro facilities 20.50.030 micro facilities 20.50.010 mini facilities 20.50.020 monopole I 20.50.040 monopole II 20.50.050 Exemption 20.50.080 Obsolete facilities 20.50.090 Purpose of provisions 20.50.000 Z� Yacht, boat clubs Shorelines master program 15.38.010 —Z— Zoning See also Amendments to code; Appeal procedures; Architectural design review; City council; Comprehensive plan; Conditional use permits; Critical areas; Definitions; Development permit applications; Dwelling units, accessory; Group homes; Hearing examiner; Home day care; Home occupations; Junk vehicles; Low income housing; Nuisances; Planned residential development (PRD); Planning advisory board; SEPA; Subdivisions Accessory dwelling units RS zone 16.20.010 Administration applicability 17.00.000 Administrative offices P zone 16.80.010 Adult bookstores 16.00.030 Adult entertainment centers 16.00.030 Adult motion picture theaters 16.00.030 Agriculture OS zone 16.65.010 Aircraft landings BC zone 16.50.010 CG zone 16.60.010 CW zone 16.55.010 Amateur radio transmitting antenna RS zone 16.20.010 Amusement establishments BC zone 16.50.010 Annexed areas, coordination with county 17.00.060 Applicability 16.00.020 Aquariums RM zone 16.30.010 Art galleries RM zone 16.30.010 Assembly, repair, fabrication of goods BC zone 16.50.010 BN zone 16.45.010 Auction businesses BC zone 16.50.010 BC zone 16.50.010 off-street parking 16.50.010 purpose 16.50.000 site development standards 16.50.020 uses 16.50.010 BN zone businesses open 11:00 p.m. to 6:00 a.m. 16.45.010 off-street parking 16.45.010, 16.45.030 purpose 16.45.000 site development standards 16.45.020 uses 16.40.010 Index-11 (Revised 8/96) Zoning Boarding houses RM zone 16.30.010 Bonds, required 17.10.000 Breakwaters construction MR zone 16.70.010 Building height See site development standards under Specific Zone Bus stop shelters BC zone 16.50.010 CW zone 16.55.010 RM zone 16.30.010 RS zone 16.20.010 Business and commercial zones purpose 16.40.000 CC districts established CG zone 16.60.000 CC zone See CG zone CG zone CG2 zone established 16.60.000 off-street parking 16.60.010 purpose 16.60.005 site development standards 16.60.020 uses 16.60.010 CG2 zone See CG zone Churches RM zone 16.30.010 RS zone 16.20.010 Clubhouses P zone 16.80.010 Colleges and universities P zone 16.80.010 Commercial parking lots BC zone 16.50.010 BN zone 16.45.010, 16.45.030 Commercial vehicle regulations off-street parking 17.50.100 Commercial waterfront See under CW zone Commercial, sport and shell fishing MR zone 16.70.010 Community business zone See under BC zone Community clubhouses P zone 16.80.010 Community facilities BC zone 16.50.010 BN zone 16.45.010 RM zone 16.30.010 Community -oriented open-air markets BC zone 16.50.010 CG zone 16.60.010 Commute trip reduction plan compliance, applicability, notice, requirements 17.95.030 definitions affected employee 17.95.010 affected employer 17.95.010 alternative mode 17.95.010 alternative work schedule 17.95.010 base year 17.95.010 carpool 17.95.010 commute trips 17.95.010 commuter matching services 17.95.010 compressed work week 17.95.010 CTR guidelines 17.95.010 CTR law 17.95.010 CTR plan 17.95.010 CTR program 17.95.010 CTR zone 17.95.010 custom bus/buspool 17.95.010 days 17.95.010 dominant mode 17.95.010 Edmonds 17.95.010 employer 17.95.010 exemption 17.95.010 flex -time 17.95.010 full-time employee 17.95.010 implementation 17.95.010 mode 17.95.010 peak period 17.95.010 peak period trip 17.95.010 proportion of single -occupant vehicle trips or SOV rate 17.95.010 single work site 17.95.010 single -occupant vehicle (SOV) 17.95.010 single -occupant vehicle (SOV) trips 17.95.010 telecommuting 17.95.010 transit 17.95.010 transportation management organization (TMO) 17.95.010 vanpool 17.95.010 vehicle miles traveled (VMT) per employee 17.95.010 week 17.95.010 weekday 17.95.010 writing, written or in writing 17.95.010 exemptions, modifications, enforcement 17.95.040 incorporated 17.95.020 title, purpose 17.95.010 violation, penalties 17.95.040 Commuter parking lots RM zone 16.30.010 RS zone 16.20.010 Conservation areas OS zone 16.65.010 Convalescent homes RM zone 16.30.010 Convenience stores BC zone 16.50.010 BN zone 16.45.010 (Revised 8/96) Index-12 Edmonds Community Development Code Zoning Counseling centers RM zone 16.30.010 CW zone off-street parking 16.55.010 purpose 16.55.000 restrictions on operations 16.55.030 site development standards 16.55.020 uses 16.55.010 Day care centers RM zone 16.30.010 Day care centers, nurseries, preschools P zone 16.80.010 Design review See site development standards under Specific Zone Downtown business area off-street parking 17.50.070 Drainage facilities RM zone 16.30.010 Dredging and filling of land MR zone 16.70.010 Drive-in businesses BC zone 16.50.010 BN zone 16.45.010, 16.45.030 Dry cleaning and laundry plants BC zone 16.50.010 Dry cleaning stores BN zone 16.45.010 Dust See under Performance standards Dwelling units RS zone 16.20.010 Educational and recreational facilities MR zone 16.70.010 Electric substations RM zone 16.30.010 RS zone 16.20.010 Electrical interference See under Performance standards Elementary schools RS zone 16.20.010 Encroachments See site development standards under Specific Zone Fabrication of light industrial products BC zone 16.50.010 Fallout shelters RS zone 16.20.010 Family day care RS zone 16.20.010 Family day care homes RM zone 16.30.010 Fences, hedges height restrictions 17.30.010 permits, variances 17.30.000 Fire hazards See under Performance standards Fire houses RM zone 16.30.010 Fire stations P zone 16.80.010 RS zone 16.20.010 Floor area See site development standards under Specific Zone Forest and wildlife preserves OS zone 16.65.010 Foster homes RS zone 16.20.010 General commercial See under CG zone Golf courses RM zone 16.30.010 Group homes for disabled RM zone 16.30.010 Guest houses RS zone 16.20.010 Halfway houses CG zone 16.60.010 Hedge See under Fences, hedges Height See site development standards under Specific Zone Home occupations RM zone 16.30.010 RS zone 16.20.010 Hospitals P zone 16.80.010 RM zone 16.30.010 Hotels and motels BC zone 16.50.010 Joint use off-street parking 17.50.060 Keeping domestic animal RM zone 16.30.010 Keeping of domestic animals RS zone 16.20.010 Keeping of horses RS zone 16.20.010 Laboratories BC zone 16.50.010 Landscaping See also Landscaping; Planter area; site development standards under Specific Zone off-street parking 17.50.080 Laundromats BN zone 16.45.010 Libraries P zone 16.80.010 RM zone 16.30.010 RS zone 16.20.010 Lighting See under Performance standards Location, uses off-street parking 17.50.040 Index-13 (Revised 8/96) Zoning Lodges RM zone 16.30.010 Lot coverage See site development standards under Specific Zone Low income housing for elderly RM zone 16.30.010 Map interpretation, boundaries 17.00.020 locations, boundaries 17.00.010 regulations on file 17.00.050 Marine resource zone See under MR zone Marine -oriented clubs CW zone 16.55.010 Marine -oriented services CW zone 16.55.010 Memorial buildings P zone 16.80.010 Mineral extraction MR zone 16.70.010 Mini day-care facilities RM zone 16.30.010 RS zone 16.20.010 Mobile homes CG zone 16.60.010 MR zone purpose 16.70.000 uses 16.70.010 Multiple dwelling units BC zone 16.50.010 Multiple dwellings RM zone 16.30.010 Multiple residential zone See under RM zone Municipal and franchised service facilities P zone 16.80.010 Municipal cemeteries P zone 16.80.010 Municipal, state, federal buildings P zone 16.80.010 Museums P zone 16.80.010 RM zone 16.30.010 Neighborhood business zone See under BN zone New automobile sales and service BC zone 16.50.010 Noise See under Performance standards Nonconforming uses buildings 17.40.020 definition, abatement, notice, application 17.40.010 lots 17.40.030 purpose 17.40.000 signs 17.40.040 Nursery schools RS zone 16.20.010 Odors, gases See under Performance standards Off-street loading areas BC zone 16.50.010 BN zone 16.45.030 CG zone 16.60.010 CW zone 16.55.010 Off-street parking See also Parking commercial vehicle regulations 17.50.100 downtown business area, fees 17.50.070 joint use 17.50.060 landscaping 17.50.080 location, uses 17.50.040 purpose 17.50.000 required 17.50.010 single-family dwelling 17.50.020 size, number requirements 17.50.030 space requirements 17.50.020 standards 17.50.050 temporary lots, improvements 17.50.090 Offices BC zone 16.50.010 BN zone 16.45.010 CW zone 16.55.010 RM zone 16.30.010 Open space zone See under OS zone Open-air recreational facilities P zone 16.80.010 OS zone purpose 16.65.000 uses 16.65.010 Outdoor storage BC zone 16.50.010 BN zone 16.45.010 CG zone 16.60.010 P zone 16.80.010 Outpatient clinics BN zone 16.45.010 P zone purpose 16.80.010 site development standards 16.80.030 uses 16.80.010 Parking See Off-street parking; site development standards under Specific Zone Parking facilities OS zone 16.65.010 Parks BN zone 16.45.030 CW zone 16.55.010 OS zone 16.65.010 P zone 16.80.010 RM zone 16.30.010 RS zone 16.20.010 Particulate matter See under Performance standards (Revised 8/96) Index-14 Edmonds Community Development Code Zoning Performance standards Public art galleries applicability 17.60.030 P zone 16.80.010 compliance, proof of 17.60.020 Public schools general 17.60.010 P zone 16.80.010 purpose 17.60.000 Public use See under P zone Performing arts facilities Public utilities P zone 16.80.010 BN zone 16.45.030 Permit criteria OS zone 16.65.010 P zone 16.80.020 Pumping facilities Petroleum products storage and distribution P zone 16.80.010 CW zone 16.55.010 Pumping stations Planetariums RM zone 16.30.010 RM zone 16.30.010 RS zone 16.20.010 Plant nurseries Purpose 16.00.010 BN zone 16.45.030 Reclamation areas Planter area OS zone 16.65.010 applicability 17.80.000 Recreational facilities definitions 17.80.010 CW zone 16.55.010 maintain 17.80.010 RM zone 16.30.010 owner 17.80.010 RS zone 16.20.010 maintenance required 17.80.030 Recycling collection facilities notice, enforcement 17.80.040 applicability 17.90.000 violation, penalty 17.80.050 approval 17.90.020 Playfield lighting definitions P zone 16.80.010 recycling boxes 17.90.010 Playgrounds, playfields maintenance 17.90.030 OS zone 16.65.010 permit revocation 17.90.060 P zone 16.80.010 violation RM zone 16.30.010 appeal 17.90.050 Police stations notice of 17.90.040 P zone 16.80.010 penalty 17.90.070 RM zone 16.30.010 Regulations Pools code compliance required 17.00.030 RM zone 16.30.010 enforcement, violation, penalties 17.00.040 Postal facilities Renting of rooms P zone 16.80.010 RS zone 16.20.010 Preschools Residential uses on first or second stories RM zone 16.30.010 CG zone 16.60.010 RS zone 16.20.010 Residential zones Printing, publishing, binding establishments purpose 16.10.000 BC zone 16.50.010 Rest homes Private docks or piers RM zone 16.30.010 RS zone 16.20.010 Rest rooms Private greenhouses P zone 16.80.010 RM zone 16.30.010 Restrictions on operations RS zone 16.20.010 BC zone 16.50.030 Private parking CG zone 16.60.030 RM zone 16.30.010 Retail stores RS zone 16.20.010 BC zone 16.50.010 Private stables BN zone 16.45.010 RS zone 16.20.010 Retail uses Private swimming pools BN zone 16.45.010 RM zone 16.30.010 CW zone 16.55.010 RS zone 16.20.010 Index-15 (Revised 8/96) Zoning Retirement homes RM zone 16.30.010 Rezones applicability, scope 20.40.000 conditions 20.40.020 notice 20.40.030 review 20.40.010 RM zone purpose 16.30.000 site development exceptions 16.30.040 standards 16.30.030 subdistricts 16.30.020 uses 16.30.010 RM-1.5 established RM zone 16.30.020 RM-2.4 established RM zone 16.30.020 RM-3 established RM zone 16.30.020 Rooming houses RM zone 16.30.010 RS zone purpose 16.20.000 site development accessory buildings 16.20.050 exceptions 16.20.040 table 16.20.030 subdistricts 16.20.020 uses 16.20.010 RS-12 zone established RS zone 16.20.020 RS-20 zone established RS zone 16.20.020 RS-6 zone established RS zone 16.20.020 RS-8 zone established RS zone 16.20.020 RSW-12 zone established RS zone 16.20.020 Sanitariums RM zone 16.30.010 Satellite television antennas See site development standards under Specific Zone Schools, colleges, universities RM zone 16.30.010 Scientific installation MR zone 16.70.010 Screening See site development standards under Specific Zone Seasonal farmers' markets BC zone 16.50.030 Senior centers P zone 16.80.010 Service and repair shops P zone 16.80.010 Setbacks See site development standards under Specific Zone Sewage treatment facilities P zone 16.80.010 Ship and boat movement MR zone 16.70.010 Shoreline permits application requirements 20.55.010 authorized start date for construction 20.55.060 development permits 20.55.025 filing with state 20.55.050 notice 20.55.020 purpose 20.55.000 review 20.55.030 variances 20.55.040 Signs See also site development standards under Specific Zone definitions identification structure 20.60.050 wall graphic 20.60.050 freestanding 20.60.040 group service club 20.60.065 incidental 20.60.060 installation, variances 20.60.100 permit required 20.60.010 prohibited 20.60.090 projecting signs, maximum area 20.60.030 purpose 20.60.000 regulations, approval 20.60.020 residential area 20.60.070 temporary 20.60.080 violation, penalty 20.60.100 wall -mounted 20.60.045 Single-family dwellings BC zone 16.50.010 BN zone 16.45.010 off-street parking 17.50.020 RM zone 16.30.010 Single-family residential See under RS zone Size, number requirements off-street parking 17.50.030 Small animal hospitals BN zone 16.45.010 Space requirements off-street parking 17.50.020 Stadiums, bleachers P zone 16.80.010 Standards off-street parking 17.50.050 Storage, open See under Performance standards (Revised 8/96) Index-16 Edmonds Community Development Code Zoning Street map changes to applicability, scope 20.65.000 approval 20.65.020 review 20.65.010 street vacations 20.65.030 Street vacations applicability 20.70.010 application 20.70.060 criteria 20.70.020 file, public record 20.70.100 findings, final decision 20.70.140 hearings continuation of 20.70.120 date of 20.70.070 presentation by planning manager 20.70.130 required 20.70.110 initiation of proceedings 20.70.050 limits, prohibitions 20.70.040 notice 20.70.090 purpose 20.70.000 rights, grants to public utilities 20.70.030 staff report, contents of 20.70.080 Structures exceeding height limit CG zone 16.60.010 Submerged cable installation MR zone 16.70.010 Substations P zone 16.80.010 Swimming pools P zone 16.80.010 Swimming, snorkeling, scuba diving MR zone 16.70.010 Synagogues RM zone 16.30.010 Temples RM zone 16.30.010 Temporary lots, improvements off-street parking 17.50.090 Temporary uses buildings, other 17.70.010 municipal offices 17.70.030 parking lots 17.70.020 security units 17.70.000 Tennis courts RM zone 16.30.010 Title, citation 16.00.000 Trails and natural scenic areas OS zone 16.65.010 Transmitting, receiving antenna RM zone 16.30.010 Transportation storage and maintenance P zone 16.80.010 Treatment facilities for drug, alcohol abusers RM zone 16.30.010 Variances applicability, scope 20.85.000 findings 20.85.010 requirements, review, appeals 20.85.020 Vibration See under Performance standards Waste disposal See under Performance standards Water storage P zone 16.80.010 RM zone 16.30.010 RS zone 16.20.010 Wholesale uses BC zone 16.50.010 Zoos RM zone 16.30.010 Index-17 (Revised 8/96)