Edmonds City Code Supplement 02SUPPLEMENT DIRECTIONS
EDMONDS COMMUNITY Updated by:
DEVELOPMENT CODE Dated:
Supplement No. 2 — December 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 3104 through 3116.
Remove these pages Insert these pages
Table of Contents
3 4................................................................ 3 4
Table of Revised Pages
1-2 ................................................................ 1-2
Title 15
3-6 ............................................................ 3-4/6
Title 20
1............................................................................ 1
5 10............................................................ 5 — 10
19-22........................................................ 19-22
43 — 48........................................................ 43 — 48
57-64........................................................ 57-64
64.3 — 72............................................... 64.3 — 72.6
77 — 80........................................................ 77 — 80
85 — 100................................................. 85 — 100.4
Title 21
5-6 ............................................................. 5 — 6.2
15 — 16..................................................... 15 — 16.2
Ordinance Table
3............................................................................ 3
Index
1-4 ................................................................ 1-4
7-8 ................................................................ 7-8
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 12/96)
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....................................................................................69
20.60
Sign Permits............................................................................................
70
20.65
Street Map Changes.............................................................................72.4
20.70
Street Vacations...................................................................................72.5
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....................................................................92
20.95
Application and Staff Review.................................................................94
20.100
Hearing Examiner, Planning Advisory Board and
City Council Review...............................................................................97
20.105
Appeals and Court Review................................................................100.1
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
" I" 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 12/96)
21.90 " S" Terms ..........................................
21.100 " T" Terms ..........................................
21.105 "U" Terms ..........................................
21.110 "V" Terms ..........................................
21.115 "W" Terms .........................................
Tables
Index
................................................18
................................................21
................................................22
................................................23
................................................23
(Revised 12/96) 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 3112, passed September 24, 1996.
Page Revised Date Page
Preface....................................................................... -
Table of Contents
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Title 15
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Revisions-1 (Revised 12/96)
Table of Revised Pages
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Ordinance Tables
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Index
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(Revised 12/96) Revisions-2
Edmonds Community Development Code
15.00.040
Chapter 15.00
PREFACE AND FEES
Sections:
15.00.000
Title.
15.00.010
Purpose.
15.00.020
Application fees.
15.00.030
Repealed.
15.00.040
Duties of officials.
15.00.050
References.
15.00.060
Regulated actions.
15.00.070
Severability.
15.00.000 Title.
ECC Titles 15 through 21 may be referred to
as the community development code.
15.00.010 Purpose.
The purpose of the community development
code is to assemble in one document, as far as
is possible, all the various land use policies and
regulations of the city of Edmonds.
15.00.020 Application fees.
A. This section shall apply to any and all
fees charged by the city planning division,
public works department, building division
and for park dedication, parking, and variance
from undergrounding. Such fees may be estab-
lished from time to time by resolution of the
city council.
B. All application fees set according to this
section shall be paid before the permit coordi-
nator may accept any application. Application
fees are for city processing services, and are
not refundable because an application is
denied or modified. The city council may
adopt rules providing for the partial refund of
application fees for withdrawn applications in
relation to the number of hours spent by the
city staff in reviewing the application. [Ord.
3108 § 1, 1996; Ord. 3023 § 1, 1995; Ord.
2952 § 1, 1993; Ord. 2927 § 1, 1993; Ord.
2882 § 1, 1992; Ord. 2842, 1991; Ord. 2655 §
1, 1988; Ord. 2604 § 1, 1987; Ord. 2549 § 1,
1986; Ord. 2302 §§ 1, 2, 1982; Ord. 2273 § 1,
1982; Ord. 2191 §§ 3, 4, 1981; Ord. 2190 § 1,
1981].
15.00.030 Other fees.
Repealed by Ord. 3108. [Ord. 2498, 1985;
Ord. 2252 § 2, 1981; Ord. 2190 § 2, 1981].
15.00.040 Duties of officials.
A. Community Development Director. The
community development director shall admin-
ister and enforce the provisions of ECDC
Titles 15, 16, 17, 20 and 21, except for those
provisions to be enforced by the building offi-
cial.
B. Building Official. The building official
shall enforce and administer the provisions of
ECDC Title 19, except for Chapter 19.75
which shall be enforced and administered by
the fire chief, and the provisions of ECDC
Titles 15, 16, 17 and 21 which relate to the
construction of structures.
C. Public Works Director. The public
works director shall administer and enforce the
provisions of ECDC Title 18, and any other
provision specifically calling for action by the
public works director.
D. Permit Coordinator. The permit coordi-
nator shall receive applications for all permits
required by this code. The permit coordinator
shall issue all permits authorized by this code,
but only after determining that all procedural
requirements of this code have been met.
Whenever this code refers to the issuance of a
permit, or the granting of an approval, the per-
mit coordinator shall ensure that written evi-
dence of the permit or approval is given to the
applicant, and that a copy is retained in the city
files. However, when one project requires
more than one permit, to the extent practically
possible, the permit coordinator shall issue one
document consolidating all of the approved
permits.
15-3 (Revised 12/96)
15.00.050
15.00.050 References.
A. Code Sections. Whenever a code section
is referred to in this code, such as ECDC
18.75.030, the reference is to a section of this
code unless otherwise specified.
B. Officials. Whenever an official is
referred to in this code such as the building
official, the reference is to an official of the
city of Edmonds or a designated staff member
unless otherwise specified.
C. Departments. Whenever a department or
division is referred to in this code, such as the
Fire Department, the reference is to the depart-
ment or division of the city of Edmonds unless
otherwise specified.
D. Adoption by Reference. Whenever a
document is proposed to be adopted into this
code by reference, three copies shall be filed
before the adoption with the city clerk for pub-
lic use and examination, and retained perma-
nently after adoption. Compliance with this
requirement, and any other requirement of
state law may be stated in the adopting ordi-
nance, but need not be repeated in this code.
Any document adopted by reference shall have
the same effect as if the document were set
forth in full in this code.
15.00.060 Regulated actions.
Whenever this code applies to a specific act
or type of action, the same provisions apply to
all later changes, unless the code specifically
provides otherwise. For example, a permit is
required to connect to city sewers. This
requirement also applies to any changes, repair
or replacement of sewer connection.
15.00.070 Severability.
It is expressly declared that each section,
subsection, paragraph, sentence, clause,
phrase and word of this community develop-
ment code would have been prepared, pro -
(Revised 12/96) 15-4/6
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
20.1513
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 Communication Facilities..................................................63
20.55
Shoreline Permits..............................................................................71
20.60
Sign Permits......................................................................................72
20.65
Street Map Changes.......................................................................72.6
20.70
Street Vacations.............................................................................72.7
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..............................................................92
20.95
Application and Staff Review..........................................................94
20.100
Hearing Examiner, Planning Advisory Board and
City Council Review.........................................................................97
20.105
Appeals and Court Review..........................................................100.1
20.110
Civil Violation — Enforcement Procedure......................................101
20-1 (Revised 12/96)
Edmonds Community Development Code
20.10.010
20.05.020 General requirements.
A. Review. The hearing examiner shall
review conditional use permits 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 ECDC 20.105.040.
C. Time Limit. Unless the owner obtains a
building permit, or if no building permit is
required, substantially commences the use
allowed within one year from the date of
approval, the conditional use permit shall
expire and be null and void, unless the owner
files an application for an extension of the time
before the expiration date.
D. Review of Extension Application. An
application for any extension of time shall be
reviewed by the community development
director as provided in ECDC 20.95.050 (Staff
Decision — Optional Hearing).
E. Location. A conditional use permit
applies only to the property for which it has
been approved and may not be transferred to
any other property.
F. Denial. A conditional use permit appli-
cation may be denied if the proposal cannot be
conditioned so that the required findings can
be made. [Ord. 2270 § 1, 1982].
Chapter 20.10
ARCHITECTURAL DESIGN REVIEW
Sections:
20.10.000
Purposes.
20.10.010
Scope.
20.10.020
Approval required.
20.10.040
Optional pre -application.
20.10.045
Augmented architectural design
review applications.
20.10.050
Review procedure.
20.10.060
Findings.
20.10.070
Criteria.
20.10.075
Application of criteria —
Examples.
20.10.080
Appeals.
20.10.090
Lapse of approval.
20.10.000 Purposes.
In addition to the general purposes of the
comprehensive plan and the zoning ordinance,
this chapter is included in the community
development code for the following purposes:
A. To encourage the realization and conser-
vation of a desirable and aesthetic environ-
ment in the city of Edmonds;
B. To encourage and promote development
which features amenities and excellence in the
form of variations of siting, types of structures
and adaptation to and conservation of topogra-
phy and other natural features;
C. To encourage creative approaches to the
use of land and related physical developments;
D. To encourage the enhancement and
preservation of land or building of unique or
outstanding scenic or historical significance;
E. To minimize incompatible and unsightly
surroundings and visual blight which prevent
orderly community development and reduce
community property values.
20.10.010 Scope.
This chapter applies to all development,
except for permitted primary and secondary
uses in RS-Single-Family Residential districts
and duplexes in RM-Multiple Residential dis-
20-5 (Revised 12/96)
20.10.020
tricts. Development means any improvement
to real property open to exterior view, includ-
ing but not limited to buildings, structures, fix-
tures, landscaping, site screening, signs,
parking lots, lighting, pedestrian facilities,
street furniture, use of open areas (including
parks, junk yards, riding academies, kennels
and recreational facilities), mobile home and
trailer parks, whether all or any are publicly or
privately sponsored. Development does not
include underground utilities. [Ord. 3023 § 2,
1995].
20.10.020 Approval required.
A. Development. No person shall start any
development, or substantially change any
development, until the architectural design
board (ADB) or the hearing examiner has
approved the proposed development or
change, except where this code expressly del-
egates such approval to the staff. Unless staff
determines that the project creates a significant
change in the design characteristics of the
development, the following development
projects are exempt from ADB and hearing
examiner review and subject to approval of
staff using the criteria of this chapter:
1. Remodels of buildings that do not
result in a changing of the building footprint
and that involve materials, forms and repeti-
tion of elements consistent with the existing
building design.
2. Re -striping and other minor changes
to parking lots that do not result in changes to
landscaping, a reconfiguration of the lot or the
creation of five or more new parking spaces.
3. Fences that do not require a separate
development permit.
B. Permits. No city permit or approval shall
be issued for any development until the ADB
or the hearing examiner has approved the pro-
posed development, except where this code
expressly delegates such approval to the staff.
[Ord. 3112 § 1, 1996; Ord. 3023 § 3, 1995;
Ord. 2277 § 3, 1982].
20.10.040 Optional pre -application.
The applicant may submit the plans required
in ECDC 20.95.010 in preliminary or sketch
form, so that the comments and advice of the
architectural design board may be incorpo-
rated into the final plans submitted for applica-
tion.
20.10.045 Augmented architectural design
review applications.
At the option of the applicant, an augmented
ADB application to vest rights under the pro-
visions of ECDC 19.00.120 may be submitted.
Such applications may not be submitted in
conjunction with the concept review provided
for by ECDC 20.10.040. The application shall
be processed in all respects as a regular appli-
cation for review but vesting rights shall be
determined under the provisions of ECDC
19.00.120. The architectural design board
shall not be required to, and shall not, consider
the application of vesting rights or the interpre-
tation of ECDC 19.00.120 and any appeal with
respect thereto shall be taken only as provided
in that section. [Ord. 2769 § 2, 1990].
20.10.050 Review procedure.
A. Review. The staff shall review the appli-
cation as provided in ECDC 20.95.030, and the
director of community services shall schedule
the item for a meeting of the ADB. The role of
the ADB shall be dependent upon the nature of
the application as follows:
1. The ADB shall conduct a public hear-
ing for the following types of applications:
a. Applications that are not subject to
project consolidation as required by ECDC
20.90.010(B)(2).
b. Applications that are subject to
project consolidation as required by ECDC
20.90.010(B)(2) but in which the ADB serves
as the sole decisionmaking authority.
c. Applications that are subject to
project consolidation as required by ECDC
20.90.010(B)(2) but in which all decisionmak-
ing authority is exercised both by staff pursu-
ant to Chapters 20.10 and 20.12 ECDC and by
(Revised 12/96) 20-6
Edmonds Community Development Code
20.10.070
the ADB. The ADB shall act in the place of the
staff for these types of applications.
2. The ADB shall review a proposed
development at a public meeting and make a
recommendation to the hearing examiner to
approve, conditionally approve, or deny the
proposal for projects subject to project consol-
idation as required by ECDC 20.90.010(B)(2)
that are not subject to a public hearing by the
ADB as required by ECDC 20.10.050(1). The
hearing examiner shall subsequently hold a
public hearing on the proposal.
3. The ADB under ECDC 20.10.050(1)
and the hearing examiner under ECDC
20.10.050(2) shall approve, conditionally
approve, or deny the proposal. The ADB or
hearing examiner may continue its public
hearing on the proposal to allow changes to the
proposal, or to obtain information needed to
properly review the proposal. See ECC
3.13.090 regarding exemptions from review
required by this chapter.
4. Notwithstanding the requirements of
this section to the contrary, the action of the
ADB under ECDC 20.10.050(1) and the hear-
ing examiner under ECDC 20.10.050(2) on a
development in which the city serves as the
applicant shall be a recommendation to the city
council.
B. Notice. Public notice by mail, posting or
newspaper publication shall not be required
except for applications that require an environ-
mental impact statement, in which case notice
of the hearing shall be as required by Chapter
20.91 ECDC.
C. Bond. The ADB may require that a bond
be posted under Chapter 17.10 ECDC to
ensure the satisfactory installation of site
improvements. [Ord. 3112 § 2, 1996; Ord.
2971 § 2, 1994].
20.10.060 Findings.
The board shall make the following findings
before approving the proposed development:
A. Comprehensive Plan. That the proposal
is consistent with the comprehensive plan and
other adopted city policies.
B. Zoning Ordinance. That the staff has
found that the proposal meets the requirements
of the zoning ordinance, or the city has
approved a variance or a modification under
the zoning ordinance.
C. Criteria. That the proposal as approved
or conditionally approved satisfies the criteria
and purposes of this chapter.
20.10.070 Criteria.
A. Building Design. No one architectural
style is required. The building shall be
designed to comply with the purposes of this
chapter and to avoid conflict with the existing
and planned character of the nearby area. All
elements of building design shall form an inte-
grated development, harmonious in scale, line
and mass. The following are included as ele-
ments of building design:
1. All exterior building components,
including windows, doors, eaves, and para-
pets;
2. Colors, which should avoid excessive
brilliance or brightness except where that
would enhance the character of the area;
3. Mechanical equipment or other utility
hardware on the roof, grounds or buildings
should be screened from view;
4. Long, massive, unbroken or monoto-
nous buildings shall be avoided in order to
comply with the purposes of this chapter to
allow light and air to occupants of the develop-
ment and to provide space for landscaping and
recreational facilities;
5. All signs should conform to the gen-
eral design theme of the development;
6. Size and height of buildings should be
compatible with the character and existing
views of the surrounding area.
B. Site Treatment. The existing character of
the site and the nearby area should be the start-
ing point for the design of the building and all
site treatment. The following are elements of
site treatment:
1. Grading, vegetation removal and
other changes to the site shall be minimized
20-7 (Revised 12/96)
20.10.075
where natural beauty exists. Large cut and fill
and impervious surfaces should be avoided.
2. Landscape treatment should be pro-
vided to enhance the building design and other
site improvements.
3. Landscape treatment should be pro-
vided to buffer the development from sur-
rounding property where conflict may result,
such as parking facilities near yard spaces,
streets or residential units, and different build-
ing heights, design or color.
4. Landscaping that could be damaged
by pedestrians or vehicles should be protected
by curbing or similar devices.
5. Service yards, and other areas where
trash or litter may accumulate, should be
screened with planting or fences or walls
which are compatible with natural materials.
6. All screening should be effective in
the winter as well as the summer.
7. Materials such as wood, brick, stone
and gravel (as opposed to asphalt or concrete)
may be substituted for planting in areas unsuit-
able for plant growth.
8. Exterior lighting should be the mini-
mum necessary for safety and security. Exces-
sive brightness should be avoided. All lighting
should be low-rise and directed downward
onto the site. Lighting standards and patterns
should be compatible with the overall design
theme.
C. Other Criteria.
1. Community facilities and public or
quasi -public improvements should not conflict
with the existing and planned character of the
nearby area.
2. Street furniture (including but not
limited to benches, light standards, utility
poles, newspaper stands, bus shelters, planters,
traffic signs and signals, guardrails, rockeries,
walls, mail boxes, fire hydrants and garbage
cans) should be compatible with the existing
and planned character of the nearby area.
3. Buildings taller than two stories shall
be reviewed to determine the extent to which
they will block views from surrounding prop-
erty. Substantial view blockage should be
avoided by alternative roof designs or location
or imposition of special height limits.
20.10.075 Application of criteria —
Examples.
Examples of the successful application of
the design criteria contained in ECDC
20.10.070 and/or of the requirements of the
comprehensive plan are incorporated in a
Building Design and Treatment Criteria
Interim Guide (Interim Guide) adopted by this
reference and incorporated in the provisions of
the Edmonds Community Development Code
and Chapter 20.10 ECDC as fully as if herein
set forth. Copies of the Interim Guide are
available for review or purchase from the plan-
ning department of the city of Edmonds. The
Interim Guide contains photographs of various
residential and commercial structures erected
in the city of Edmonds which comply with the
design criteria set forth in the preceding sec-
tion and the city's comprehensive plan. [Ord.
2959 § 1, 1993].
20.10.080 Appeals.
A. All design review decisions of the hear-
ing examiner are appealable to the city council
as provided in ECDC 20.105.040(B) through
(E).
B. All design review decisions of the ADB
are appealable to the city council as provided
in ECDC 20.105.040(B) through (E) except
that all references to the hearing examiner in
ECDC 20.105.040(B) through (E) shall be
construed as references to the ADB.
C. Persons entitled to appeal are (1) the
applicant; (2) anyone who has submitted a
written document to the city of Edmonds con-
cerning the application prior to or at the hear-
ing identified in ECDC 20.10.050; or (3)
anyone testifying on the application at the
hearing identified in ECDC 20.10.050. [Ord.
3112 § 3, 1996; Ord. 3023 § 4, 1995].
(Revised 12/96) 20-8
Edmonds Community Development Code
20.12.010
20.10.090 Lapse of approval.
A. Time Limit. Unless the owner submits a
fully completed building permit application
necessary to bring about the approved alter-
ations, or if no building permit application is
required, substantially commences the use
allowed within 18 months from the date of
approval, ADB or hearing examiner approval
shall expire and be null and void, unless the
owner files a fully completed application for
an extension of time prior to the expiration
date. For the purposes of this section the date
of approval shall be the date on which the
ADB's or hearing examiner's minutes or other
method of conveying the final written decision
of the ADB or hearing examiner as adopted are
mailed to the applicant. In the event of appeal,
the date of approval shall be the date on which
a final decision is entered by the city council or
court of competent jurisdiction.
B. Time Extension.
1. Application. The applicant may apply
for a one time extension of up to one (1) year
by submitting a letter, prior to the date that
approval lapses, to the planning division along
with any other supplemental documentation
which the planning manager may require,
which demonstrates that he/she is making sub-
stantial progress relative to the conditions
adopted by the ADB or hearing examiner and
that circumstances are beyond his/her control
preventing timely compliance. In the event of
an appeal, the one (1) year extension shall
commence from the date a final decision is
entered in favor of such extension.
2. Fee. The applicant shall include with
the letter of request such fee as is established
by ordinance. No application shall be complete
unless accompanied by the required fee.
3. Review of Extension Application. An
application for an extension shall be reviewed
by the planning official as provided in ECDC
20.95.050 (Staff Decision — Notice Required).
[Ord. 3112 § 4, 1996; Ord. 2955 § 1, 1993].
Chapter 20.12
LANDSCAPING REQUIREMENTS*
Sections:
20.12.000 Scope.
20.12.010 Landscape plan requirements.
20.12.015 Plant schedule.
20.12.020 General design standards.
20.12.025 Screening.
20.12.030 General planting standards.
20.12.035 Parking lot interior landscaping.
20.12.040 Landscape bonds.
*Code reviser's note: The title to Chapter 20.12 ECDC
was amended by Ord. 3112.
20.12.000 Scope.
The landscape requirements found in this
chapter are intended for use by city staff, the
architectural design board (ADB) and the hear-
ing examiner, in reviewing projects, as set
forth in ECDC 20.10.010. The ADB and hear-
ing examiner shall be allowed to interpret and
modify the requirements contained herein;
provided such modification is consistent with
the purposes found in ECDC 20.10.000. [Ord.
3112 § 6, 1996; Ord. 3023 § 5, 1995].
20.12.010 Landscape plan requirements.
The applicant has the option of submitting a
preliminary landscape plan to the architectural
design board prior to final approval. The pre-
liminary landscape plan need not include the
detail required for final approval, although
areas of proposed landscaping should be
shown. Final project approval cannot be given
until the final landscape plan is submitted and
approved.
The following items shall be shown on any
final landscape plan submitted to the ADB for
review:
A. Name and address or location of the
project;
B. All plant material identified by botanical
and common name — genus, species and vari-
ety (see ECDC 20.12.015);
20-9 (Revised 12/96)
20.12.015
C. Location of all trees and shrubs to be
planted;
D. Three sets of landscape plans drawn to a
scale of 1" = 30' or larger (e.g., 1" = 20', 1" =
10', etc.). Plan should include a bar scale for
reference. See "Checklist for Architectural
Design Review" items (on architectural design
board brochure) for required number of other
plans;
E. Scale of the drawing, a north arrow and
date of the plan;
F. All property lines, as well as abutting
streets and alleys;
G. Locations, sizes and species of existing
trees (six inches in caliper or more) and shrubs.
Trees and shrubs to be removed must be noted.
Natural areas should be designated as such;
H. Any proposed or existing physical ele-
ments (such as fencing, walls, building, curb-
ing, and signs) that may affect the overall
landscape;
I. Parking layout, including circulation,
driveway location, parking stalls and curbing
(see ECDC 20.12.020(D));
J. Grading shown by contour lines (mini-
mum five-foot intervals), spot elevations, sec-
tions or other means;
K. Location of irrigation system (see
ECDC 20.12.020(E)).
20.12.015 Plant schedule.
A. The plant schedule shall indicate for all
plants the scientific and common names, quan-
tities, sizes and spacing. Quantities are not
required on a preliminary landscape plan. A
preliminary plan may also indicate shrubs as
masses rather than showing the individual
plants. The final plan must show individual
shrubs and quantities.
B. Minimum sizes at installation are as fol-
lows:
one and three quarters inches caliper
street trees one and one-half inches
caliper other deciduous trees;
eight feet minimum height vine maples
and other multi -stemmed trees;
six feet minimum height — evergreen
trees
eighteen feet minimum height for
medium and tall shrubs
small shrub = less than three and one-
half feet tall at maturity
medium shrub = three and one-half to six
feet tall at maturity
large shrub = more than six feet tall at
maturity
C. Maximum size:
Species approved within a landscape plan
shall have a growth pattern in scale with the
development and be consistent with the preser-
vation of significant views and height limit for
the zoning district.
D. Maximum spacing:
large shrubs = six feet on center
medium shrubs = four and one-half feet
on center
small shrubs = three feet on center
E. Groundcover is required in all planting
bed areas as follows:
one gallon 30 inches on center
four -inch pots 24 inches on center
two and one -quarter -inch pots 15 inches
on center
rooted cuttings 12 inches on center
All groundcover shall be living plant mate-
rial approved by the ADB.
20.12.020 General design standards.
A. Preference shall be given an informal
arrangement of plants installed in a variety of
treatments that will enhance building designs
and attractively screen parked vehicles and
unsightly areas, soften visual impact of struc-
tures and enhance views and vistas.
B. A formal arrangement may be accept-
able if it has enough variety in layout and
(Revised 12/96) 20-10
Edmonds Community Development Code
20.15A.210
7. DS for scoping purposes;
8. Availability of a DEIS.
B. Type of Notice. Under subsection A of
this section, notice will be given as follows:
1. Posting in accordance with ECC
1.03.010;
2. Publication in the SEPA register.
For project actions and other site specific
development approvals:
3. Mailing to owners of property within
300 feet and to the residences, if the property
owner's address as shown on the records of the
Snohomish County assessor's office differs
from the address of the property;
4. Other methods as deemed necessary
and appropriate by the responsible official or
required by ordinance or statute.
C. Public Hearing. Whenever a public hear-
ing is held notice shall be given. Such notice
shall precede the hearing by at least 10 days.
D. Type of Notice. Under subsection C of
this section notice will be given as follows:
1. Posting of or near the property for site
specific proposals;
2. Mailing to property owners within
300 feet for site specific proposals;
3. Posting in accordance with ECC
1.03.010;
4. Other methods as deemed necessary
and appropriate by the responsible official;
provided that a public hearing on a non -project
proposal must be preceded by written, pub-
lished notice in accordance with WAC 197-
11-502(6)(b) at least 10 days prior to the hear-
ing. [Ord. 2950 § 2, 1993].
20.15A.180 Designation of official to
perform consulted agency
responsibilities.
A. The responsible official shall be respon-
sible for preparation of written comments for
the city in response to a consultation request
prior to a threshold determination, participa-
tion in scoping and reviewing of a draft EIS.
B. The responsible official shall be respon-
sible for the city's compliance with WAC 197-
11-550 whenever the city is a consulted
agency and is authorized to develop operating
procedures that will ensure that responses to
consultation requests are prepared in a timely
fashion and include data from all appropriate
departments of the city.
20.15A.190 Using existing environmental
documents — Adoption by
reference.
The city adopts the following sections of
Chapter 197-11 WAC, as now existing or here-
inafter amended, by reference:
197-11-600
When to use existing
environmental documents.
197-11-610
Use of NEPA documents.
197-11-620
Supplemental environmental
impact statements.
197-11-625
Addenda — Procedures.
197-11-630
Adoption — Procedures.
197-11-635
Incorporation by reference —
Procedures.
197-11-640
Combining documents.
20.15A.200 SEPA decisions — Adoption by
reference.
The city adopts the following sections of
Chapter 197-11 WAC, as now existing or here-
inafter amended, by reference:
197-11-650
Purpose of this part.
197-11-655
Implementation.
197-11-660
Substantive authority and
mitigation.
197-11-680
Appeals.
197-11-700
Definitions.
20.15A.210 SEPA decisions — Nonexempt
proposals.
For nonexempt proposals, the DNS or EIS
for the proposal shall accompany the city
staff s recommendation to any appropriate
advisory body such as the planning commis-
sion. If a final EIS is or becomes available, it
shall be substituted for the draft.
20-19 (Revised 12/96)
20.15A.220
20.15A.220 SEPA decisions — Substantive
authority.
A. The city may attach conditions to a per-
mit or approval for a proposal so long as:
1. Such conditions are necessary to mit-
igate specific adverse environmental impacts
clearly identified in an environmental docu-
ment prepared pursuant to this chapter; and
2. Such conditions are in writing; and
3. Such conditions are reasonable and
capable of being accomplished; and
4. The city has considered whether other
local, state or federal mitigation measures
applied to the proposal are sufficient to miti-
gate the identified impacts; and
5. Such conditions are based on one or
more policies in ECDC 20.15A.230 and cited
in the permit, approval, license or other deci-
sion document.
B. The city may deny a permit or approval
for a proposal on the basis of SEPA so long as:
1. A finding is made that approving the
proposal would result in probable significant
adverse environmental impacts that are identi-
fied in a final EIS or final supplemental EIS;
and
2. A finding is made that there are no
reasonable mitigation measures sufficient to
mitigate the identified impact; and
3. The denial is based on one or more
policies identified in ECDC 20.15A.230 and
identified in writing in the decision document.
20.15A.230 SEPA — Policies.
A. The policies and goals set forth in this
chapter are supplementary to those in the exist-
ing authorization of the city.
B. The city adopts by reference the policies
in the following city codes, ordinances, resolu-
tions and plans, as now existing or hereinafter
amended, as a possible basis for the exercise of
substantive authority in the conditioning or
denying of proposals.
1. Chapter 43.21 C RCW, State Environ-
mental Policy Act;
2. Six -Year Transportation Improve-
ment Program;
3. Chapter 5.05 ECC, Animals;
4. ECC Title 6, Health and Sanitation;
5. ECC Title 10, Traffic;
6. ECC Title 9, Streets and Sidewalks;
7. ECDC Title 15, Comprehensive Plan;
8. ECDC Title 16, Zone Districts, and
Title 17, General Zoning Regulations;
9. ECDC Title 18, Public Works
Requirements;
10. ECDC Title 19, Building Codes;
11. ECDC Title 20, Review Criteria and
Procedures;
12. ECDC Title 21, Definitions;
13. The comprehensive plans of the city
regarding street, sewer, sidewalk, parks, water,
and trails and bikeways, of Snohomish
County, and of the Metropolitan Sewer Dis-
trict.
20.15A.240 Appeals.
A. Any interested person may appeal a
threshold determination, adequacy of a final
EIS and the conditions or denials of a
requested action made by a non -elected city
official pursuant to the procedures set forth in
this section. No other SEPA appeal shall be
allowed.
B. All appeals filed pursuant to this section
must be filed in writing with the director of
community services within 14 calendar days
of the date of the decision appealed from.
C. On receipt of a timely written notice of
appeal, the director of community services
shall advise the hearing examiner of the pen-
dency of the appeal and request that a date for
considering the appeal be established. The
decision of the hearing examiner shall be final
and shall not be appealable to the city council.
D. Appeals shall be governed by the proce-
dures specified in Chapter 20.105 ECDC.
E. All relevant evidence shall be received
during the hearing of the appeal. The proce-
dural determination by the city's responsible
official shall carry substantial weight in any
appeal proceeding.
(Revised 12/96) 20-20
Edmonds Community Development Code
20.15A.270
F. For any appeal under this section, the
city shall provide for a record that shall consist
of the following:
1. Findings and conclusions;
2. Testimony under oath; and
3. A taped or written transcript.
G. The city may require the applicant to
provide an electronic transcript.
H. The city shall give official notice when-
ever it issues a permit or approval for which a
statute or ordinance establishes a time limit for
commencing judicial appeal. [Ord. 3112 § 7,
1996].
20.15A.250 Notice/statute of limitations.
A. The city, applicant for, or proponent of
an action may publish a notice of action pursu-
ant to RCW 43.21C.080 for any action.
B. The form of the notice shall be substan-
tially in the form provided in WAC 197-11-
990. The notice shall be published by the city
clerk, applicant or proponent pursuant to RCW
43.21C.080.
20.15A.260 Definitions — Adoption by
reference.
The city adopts the following sections of
Chapter 197-11 WAC, as now existing or here-
inafter amended, by reference, as supple-
mented in this chapter:
197-11-700
Definitions.
197-11-702
Act.
197-11-704
Action.
197-11-706
Addendum.
197-11-708
Adoption.
197-11-710
Affected tribe.
197-11-712
Affecting.
197-11-714
Agency.
197-11-716
Applicant.
197-11-718
Built environment.
197-11-720
Categorical exemption.
197-11-722
Consolidated appeal.
197-11-724
Consulted agency.
197-11-726
Cost -benefit analysis.
197-11-728
County/city.
197-11-730
Decision maker.
197-11-732
Department.
197-11-734
Determination of
nonsignificance (DNS).
197-11-736
Determination of significance
(DS).
197-11-738
EIS.
197-11-740
Environment.
197-11-742
Environmental checklist.
197-11-744
Environmental document.
197-11-746
Environmental review.
197-11-748
Environmentally sensitive
area.
197-11-750
Expanded scoping.
197-11-752
Impacts.
197-11-754
Incorporation by reference.
197-11-756
Lands covered by water.
197-11-758
Lead agency.
197-11-760
License.
197-11-762
Local agency.
197-11-764
Major action.
197-11-766
Mitigated DNS.
197-11-768
Mitigation.
197-11-770
Natural environment.
197-11-772
NEPA.
197-11-774
Nonproject.
197-11-776
Phased review.
197-11-778
Preparation.
197-11-780
Private project.
197-11-782
Probable.
197-11-784
Proposal.
197-11-786
Reasonable alternative.
197-11-788
Responsible official.
197-11-790
SEPA.
197-11-792
Scope.
197-11-793
Scoping.
197-11-794
Significant.
197-11-796
State agency.
197-11-797
Threshold determination.
197-11-799
Underlying governmental
action.
20.15A.270 Compliance with SEPA —
Adoption by reference.
The city adopts the following sections of
Chapter 197-11 WAC, as now existing or here-
inafter amended, by reference, as supple-
mented in this chapter:
20-21 (Revised 12/96)
20.15A.280
197-11-900
Purpose of this part.
197-11-902
Agency SEPA policies.
197-11-916
Application to ongoing
actions.
197-11-920
Agencies with environmental
expertise.
197-11-922
Lead agency rules.
197-11-924
Determining the lead agency.
197-11-926
Lead agency for
governmental proposals.
197-11-928
Lead agency for public and
private proposals.
197-11-930
Lead agency for private
projects with one agency with
jurisdiction.
197-11-932
Lead agency for private
projects requiring licenses
from more than one agency,
when one of the agencies is a
county/city.
197-11-934
Lead agency for private
projects requiring licenses
from a local agency, not a
county/city, and one or more
state agencies.
197-11-936
Lead agency for private
projects requiring licenses
from more than one state
agency.
197-11-938
Lead agencies for specific
proposals.
197-11-940
Transfer of lead agency status
to a state agency.
197-11-942
Agreements on lead agency
status.
197-11-944
Agreements on division of
lead agency duties.
197-11-946
DOE resolution of lead
agency disputes.
197-11-948
Assumption of lead agency
status.
20.15A.280 Environmentally sensitive
areas.
A. The Environmental Sensitive Areas
Map as adopted by the Edmonds Policy Plan
designates the location of environmentally
sensitive areas within the city and are adopted
by reference. For each environmentally sensi-
tive area, no exemption within WAC 197-11-
800 shall be applicable for that area.
B. The city shall treat proposals located
wholly or partially within an environmentally
sensitive area no differently than other propos-
als under this chapter, making a threshold
determination for all such proposals. The city
shall not automatically require an EIS for a
proposal merely because it is proposed for
location in an environmentally sensitive area.
C. Certain exemptions do not apply on
lands covered by water, and this remains true
regardless of whether or not lands covered by
water are mapped.
20.15A.290 Fees.
The city shall require the following fees for
its activities in accordance with the provisions
of this chapter:
A. Threshold Determination. For every
environmental checklist the city reviews as
lead agency, the city shall collect a fee set by
Chapter 15.00 ECDC from the proponent of
the proposal prior to undertaking the threshold
determination. This fee may be waived as pro-
vided therein. The time periods provided by
this chapter from making a threshold determi-
nation shall not begin to run until fee has been
paid or waived in writing by the responsible
official. When the city assists the applicant or
completes the environmental checklist at the
applicant's request under ECDC 20.15A.120
(E), an additional fee equal to the estimated
actual cost of providing the assistance shall be
collected.
B. Environmental Impact Statement.
(Revised 12/96) 20-22
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 a criti-
cal areas study pursuant to this chapter may be
appealed to the hearing examiner pursuant to
Chapter 20.105 ECDC. Any decision to
approve, condition or deny a development pro-
posal based on the requirements of this title
may be appealed in accordance with the appeal
procedures and standards applicable to the
subject development permit or approval. [Ord.
3112 § 8, 1996; 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
for which it was 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 director of community services
to completely disclose the impacts of the pro-
posed facilities.
The director of community services 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 director of
community services (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 12/96)
20.18.030
ECDC 20.91.010, except that the distance
specified in that section shall be changed to
600 feet. The meeting 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. 3112 § 9, 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 12/96) 20-44/46
Edmonds Community Development Code
20.19.030
Chapter 20.19
HOME DAY CARE
Sections:
20.19.000
Purpose.
20.19.010
Conditional use permit required.
20.19.020
Criteria.
20.19.030
Permit.
20.19.040
Review hearings.
20.19.050
Appeal.
20.19.000 Purpose.
The purpose of this chapter is to permit res-
idents to operate either a family day care or
mini day-care facility at their home, subject to
the requirements of this chapter. Nothing
herein shall be interpreted to require a permit
for family home day-care facilities which are
outright permitted uses in any zone, however,
such outright permitted home day-care facility
shall comply with the provisions of ECDC
20.19.020 in the course of their operation.
[Ord. 2673 § 3, 1988].
20.19.010 Conditional use permit
required.
When a conditional use permit is required
by the provisions of ECDC Title 16 relating to
the zoning districts, conditional use permit
applications for operation of a mini day-care
shall be processed in accordance with proce-
dures of ECDC 20.95.050 (Staff Decision —
Notice Required) utilizing the criteria set forth
in this chapter. In addition to the specific crite-
ria set forth herein, the staff and hearing exam-
iner on appeal shall also review the application
under the criteria and required findings set
forth in Chapter 20.05 ECDC relating to con-
ditional use permits in order to establish that
the proposed facility is not deleterious to the
immediately surrounding neighborhood nor
constitutes a public nuisance. The director of
community services or designee, or the hear-
ing examiner on appeal, may impose reason-
able conditions on the approval of the
conditional use permit for mini day-care facil-
ities in order to ensure that the criteria of
ECDC 20.19.020 are met and that the facility
is in harmony with the surrounding neighbor-
hood. [Ord. 3112 § 10, 1996; Ord. 2673 § 3,
1988].
20.19.020 Criteria.
A. State Licensing. The applicant must
obtain any and all required state licenses and
comply with all state licensing requirements.
B. Outdoor Play Times. Outdoor play times
shall not be scheduled before 9:00 a.m. or after
8:00 p.m. Care should be taken to minimize
noise impacts on adjacent residences.
C. Fenced Play Area. A completely fenced
play area is required. No play area shall be
allowed in the street setback.
D. Parking. Two on -street or off-street
parking spaces shall be provided for a family
day-care operation. On -street parking spaces
must be reasonably accessible to the appli-
cant's residence and available for public use
under city ordinance.
A minimum of three on -street or off-street
parking spaces shall be provided with a mini
day-care operation. On -street parking spaces
must be reasonably accessible to the appli-
cant's residence and available for public use
under city ordinance.
E. Location and Limitation. No mini day-
care center located within a residential zone
shall be located closer than 300 feet to any
other day-care operation of any kind or nature,
or any preschool; provided that this limitation
shall not apply to any public school facility
operated by the Edmonds or other school dis-
trict. [Ord. 2673 § 3, 1988].
20.19.030 Permit.
A conditional use permit for a mini day-care
facility is personal to the applicant and shall
not be transferred or otherwise assigned to any
other person or entity, nor may the permit be
transferred to any site other than the site
described in the application. Nothing herein
shall relieve the applicant of the obligation to
obtain any and all licenses required under the
20-47 (Revised 12/96)
20.19.040
provisions of state and federal law. [Ord. 2673
§ 3, 19881.
20.19.040 Review hearings.
At any time at least six months after the
granting of a conditional use permit, as pro-
vided herein, residents of the neighborhood
may initiate a request before the hearing exam-
iner to consider the revocation or modification
of the permit, if they consider the facility to be
deleterious to the neighborhood or to create a
public nuisance.
The complaint action shall be initiated by a
petition, signed by not less than five residents
within 300 feet of the subject property or 50
percent of the residents within 300 feet of the
subject property whichever is the less, no two
of whom may be residents of the same house-
hold. The petition shall state in detail the con-
dition or conditions which the complainants
allege cause the facility to be deleterious to the
neighborhood or to create a public nuisance.
After a public hearing on the complaint, the
hearing examiner shall make findings as to the
existence of any deleterious impact or public
nuisance created or enhanced by the permittee.
If the hearing examiner finds that the permittee
failed to comply with prior imposed conditions
or has created or enhanced a deleterious
impact or public nuisance and that the impact
or nuisance cannot be mitigated, the hearing
examiner shall revoke the conditional use per-
mit. If the hearing examiner finds that the del-
eterious impact or public nuisance can be
mitigated, additional or differing conditions
may be imposed. If the hearing examiner
imposes additional conditions to mitigate any
adverse neighborhood impacts, a specific date
shall be set to consider whether the applicant
has met the additional conditions. Failure to
meet such conditions shall be grounds for
revoking this permit. [Ord. 2673 § 3, 1988].
20.19.050 Appeal.
Appeals may be taken from the decision of
the hearing examiner to the city council under
the provisions of Chapter 20.105 ECDC. An
appellant may challenge the imposition of con-
ditions or may elect to challenge a later deter-
mination as to whether those conditions have
been met. [Ord. 2458, 1984].
(Revised 12/96) 20-48
Edmonds Community Development Code
20.35.000
day period applicant may pay an in -lieu -of
parking fee under ECDC 17.50.070.
C. Discontinuance of Use. If applicant can-
not or will not provide parking, or the in -lieu
parking fee, as set forth in subsections A and B
of this section, the applicant will discontinue
the use, or that portion of use causing the park-
ing deficiency within the original 90-day
period set forth above.
Chapter 20.35
PLANNED RESIDENTIAL
DEVELOPMENT (PRD)
Sections:
20.35.000
Purposes.
20.35.010
Permitted zones.
20.35.015
Group home.
20.35.020
Pre -application review.
20.35.030
Application requirements.
20.35.040
Review of preliminary plan.
20.35.050
General guidelines and criteria.
20.35.060
Specific design requirements and
criteria.
20.35.070
Denied proposals.
20.35.080
Final approval.
20.35.090
Subdivision.
20.35.100
Administration.
20.35.110
Changes to approved projects.
20.35.120
Revocation of approval.
20.35.000 Purposes.
The purposes of this chapter are:
A. To provide the city with an alternative
form of development which will promote flex-
ibility and creativity in the layout and design of
new development and which will protect the
environment through the use of open spaces;
B. To provide a process whereby develop-
ment which is superior to traditional lot -by -lot
development is permitted. The PRD process
can improve the traditional lot -by -lot develop-
ment by accomplishing among other things the
following:
1. Preserving natural landscapes, trees,
streams or other valuable community ameni-
ties,
2. Clustering structures to preserve or
create open spaces, especially where steep
slopes or other environmentally sensitive areas
exist,
3. Providing a more efficient street and
utility system, serving units in a cluster, thus
lowering housing, land development and
maintenance costs and reducing the amount of
impervious surfaces.
20-57 (Revised 12/96)
20.35.010
20.35.010 Permitted zones.
Planned residential developments are per-
mitted in the RS and RM zones and in RS
zones as single-family, detached, dwelling
units.
20.35.015 Group home.
A group home shall be defined as a state
licensed foster home for children (not includ-
ing nursing homes), and residential homes for
the disabled, homes for the elderly and homes
for the mentally ill, including homes for those
with developmental disabilities and excluding
residential rehabilitation centers for current
alcohol and drug abusers. [Ord. 2820 § 5,
1991].
20.35.020 Pre -application review.
A. Pre -Application Staff Review. The pre-
liminary plans of the proposal shall be submit-
ted to the community development director for
review and comment. This provides an oppor-
tunity for the developer to work with the city
staff to design a total plan which best meets the
goals of the city and the needs of the devel-
oper. Such potential problems as drainage,
topography, circulation, site design and neigh-
borhood impact should be identified and
addressed before the proposal is submitted for
formal review.
B. Pre -Application Meeting. If the project
contains unusual or severe environmental
problems or unusual compatibility problems
with adjoining properties, the director of com-
munity services or the applicant may require
that a public pre -application meeting be held
on the proposal.
This meeting will allow immediate public
response to the proposal as a concept in rough
sketch form. The staff may make general rec-
ommendations to the applicant. [Ord. 3112 §
11, 1996].
20.35.030 Application requirements.
A. Fees. The application fees shall be as
stated in Chapter 15.00 ECDC.
B. Application Requirements. In addition
to the material required in Chapter 20.95
ECDC, the applicant shall submit the follow-
ing material:
1. A preliminary plan showing all infor-
mation required for a preliminary plat by
ECDC 20.75.055. The plan shall clearly show
all proposed structures, common areas and
facilities, yard setbacks, circulation elements
including walkways, bike or equestrian paths
and parking in sufficient detail to show rela-
tionships between these elements;
2. All information required for prelimi-
nary review of a subdivision by ECDC
20.75.040;
3. Building elevations with building
materials designated as well as a collage board
showing proposed colors and materials to be
used;
4. A map of the surrounding area in suf-
ficient detail to show existing uses within 300
feet from all project boundaries;
5. Explanatory material describing the
characteristics of the project and the planned
construction schedule of the proposal.
20.35.040 Review of preliminary plan.
A. Review by Architectural Design Board.
The architectural design board shall review the
proposal using the criteria of Chapter 20.10
ECDC and make recommendations to be con-
sidered by the hearing examiner and included
in the hearing examiner's recommendation to
the city council.
B. Hearing Examiner and City Council
Review. The hearing examiner shall make rec-
ommendations and city council shall review
the proposal under the provisions of ECDC
20.100.010 and 20.100.030.
C. Review Criteria. The hearing examiner
and city council shall review the application
for conformity with the comprehensive plan,
the zoning ordinance, the criteria of the subdi-
vision ordinance, the review criteria of this
chapter and shall review the following addi-
tional factors:
(Revised 12/96) 20-58
Edmonds Community Development Code
20.35.060
1. Compatibility with existing and
planned land use in the nearby area;
2. Assurances that the planned residen-
tial development will be developed as pre-
sented in design documents and statements of
intent.
20.35.050 General guidelines and criteria.
A. Only those properties where an unusual
circumstance exists making it difficult to
develop on a lot -by -lot basis may be consid-
ered for a PRD. This is intended to include sit-
uations such as: steep slopes, wetlands,
significant and substantial natural features
(groves of woods, specimen trees, animal hab-
itats, streams, ponds, lakes), views or historic
structures.
B. All projects shall give special treatment
to perimeter transition so as to minimize
neighborhood impact through buffering,
screening and landscaping.
C. Each project must demonstrate there is a
clear benefit to the public by adoption of the
proposed PRD site such as:
1. The creation of beneficial open space;
2. The preservation of significant natu-
ral features;
3. The provision for substantive addi-
tional public use facilities such as walkways,
bike paths, or public access to beach or park;
4. Reduced density; the proposed PRD
density will be compared with the city of
Edmonds planning department staff s position
as to the actual maximum number of dwelling
units reasonably likely using the underlying
zoning.
20.35.060 Specific design requirements
and criteria.
A. RS Single -Family Residential Zone.
1. This area of the city is identified as
single-family residential, and therefore, every
PRD in this zone shall be consistent with the
neighborhood characteristics and maintain
building height of that zone.
2. Only single-family detached homes
are permitted.
B. RM Residential Multiple Zone.
1. Special attention shall be given PRDs
proposed where the RM zone abuts an RS zone
so that the impact on the neighborhood is
addressed and mitigated through design, circu-
lation and screening.
2. The following concepts are allowed:
a. Single-family detached homes.
b. Duplexes.
c. Townhouses.
C. The city may approve a change from any
of its regular development regulations except
allowable density and building height.
1. Allowable Density. The number of
dwelling units permitted is calculated by
dividing the net developable area by the mini-
mum lot area of the zone district in which the
site is located. Net developable area is deter-
mined by subtracting the area set aside for
streets from the total development area. Frac-
tional units shall be rounded to the closest
whole number.
2. Building Height. The maximum
height of any building shall not exceed the
height permitted in the zone in which the site
is located. If the proposal is located in zones
with different height requirements, buildings
located in each zone shall conform to the zone
within which the building is located. If any
building will be built on two or more different
zones, the most restrictive height requirements
shall apply.
D. The following items may be changed if
the applicant can meet the requirements for a
variance as to each such item:
1. Off -Street Parking Requirements.
Off-street parking requirements shall be in
accordance with the provisions of Chapter
17.50 ECDC.
2. Open Space Land. A minimum of 20
percent of the net developable land shall be
dedicated or reserved as usable common open
space land. Driveways, parking lots and
required yard areas are not open space. The
applicant shall specify how the open space
shall be maintained. The city may require cov-
enants running with the land naming the city as
20-59 (Revised 12/96)
20.35.070
the beneficiary of the covenant or other
requirements to insure that adequate provision
for maintenance of the open space will be pro-
vided.
3. Coverage. Coverage of the site by
buildings and other structures shall not exceed
the largest percentage permitted in any zone in
which the project is located.
4. Setbacks. The minimum distance
between a building and the exterior boundary
line in the planned residential development
shall be determined by the hearing examiner
and the city council.
5. Design Concepts. All projects may
propose concepts such as:
a. Greenbelts, community buildings
or recreation facilities;
b. Dwelling units clustered around a
common court, playground or recreational
area;
c. Common ownership of exterior
spaces and community facilities;
d. Lots of minimum area with the
balance of the site held in common ownership.
6. Park Land Dedication. Dedication of
land for use as public park to meet the require-
ments of park land dedication, ECDC
20.75.090, or park in -lieu fee, ECDC
19.00.010.
7. Uses. Only uses listed in the zone in
which the proposal is located may be
approved.
E. Size. A five -lot minimum shall be appli-
cable to all planned residential developments.
20.35.070 Denied proposals.
If the city council denies a proposal, a simi-
lar plan for the site may not be submitted to the
community development department for one
year. A new plan which varies substantially
from the denied proposal, as determined by the
community development director, or one that
satisfies the objections stated by the city coun-
cil may be submitted at any time.
20.35.080 Final approval.
A. Final Plan. Within three years after pre-
liminary approval by the city council, the appli-
cant shall submit the final development plan to
the community development director, con-
forming to the preliminary plan approved by
the city council, and all applicable conditions
of that approval. The community development
director shall review the plan and submit it to
the council along with his other recommenda-
tion and the recommendation of the public
works director. The plan shall contain final,
precise drawings of all the information
required by ECDC 20.35.030. The applicant
shall also submit all covenants, homeowner's
association papers, maintenance agreements,
and other relevant legal documents.
B. City Council Review. If the city council
finds that the final development plan conforms
to the preliminary approval, and to all applica-
ble conditions, the council shall approve the
plan and its accompanying conditions as an
amendment to the zoning map, incorporating
by reference all maps, drawings and exhibits
required to specify the precise land use autho-
rized. The ordinance adopting the amendment
to the zoning map shall designate the bound-
aries of the project and the file number of the
application. A file shall be maintained by the
community development department under
that number containing all maps and other doc-
uments or exhibits referred to or incorporated
in the ordinance. The ordinance shall also con-
tain a legal description of the boundary of the
proposal. The city clerk shall record the ordi-
nance with the county auditor if no subdivision
plat is to be recorded.
C. Effect of Approval. The provisions of
the ordinance of approval shall be the zoning
restrictions on the use of the site. Adoption of
the ordinance shall not repeal the underlying
zone classification of the site. The ordinance
shall only allow development to occur in a dif-
ferent way, consistent with the underlying zon-
ing. Revocation of approval or abandonment
as provided in this chapter shall eliminate all
requirements imposed under the planned resi-
(Revised 12/96) 20-60
Edmonds Community Development Code
20.35.120
dential development plan and shall cause the
old underlying zoning requirements to be in
full force and effect.
D. Expiration. If the applicant does not sub-
mit the material required by this section within
the time allowed, or if the council does not
approve the final plan, the preliminary
approval shall expire and be of no further
validity.
E. Extension. The applicant may file an
application for an extension of time within the
time allowed for submitting the final plan,
along with the fee as set in Chapter 15.00
ECDC. The community development director
may approve one-year extension by making
written findings that there is no substantial
change in the proposal, and that the findings
and conclusions of the original approval still
apply, under the procedure of ECDC
20.95.050 (Staff Decision — Optional Hear-
ing). [Ord. 2360 § 1, 1983].
20.35.090 Subdivision.
An applicant who intends to subdivide the
land for sale as part of the project shall obtain
subdivision approval in accordance with
Chapter 20.75 ECDC before any building per-
mit or authorization to begin construction is
issued, and before sale of any portion of the
property. The preferred method is for the
applicant to process the subdivision applica-
tion concurrently with the planned residential
development proposal.
20.35.100 Administration.
After the effective date of the approval ordi-
nance, the city shall permit use of the land and
erection of structures in compliance with the
plans as approved. Any use or structure incon-
sistent with the approved plan shall not be per-
mitted. The application for a building permit or
other authorization to begin work on the
project shall be accompanied by:
A. Bond. Any bond required by the city
council guaranteeing completion of a specific
denied portion of the project as authorized and
approved, and a standard subdivision bond if
subdivision and sale of lots is a part of the
project;
B. Deeds. Deeds to any land or properties
intended for public ownership and use in the
completed project;
C. Plans. A complete project site plan and
construction plans and specifications for the
initial buildings.
Before any permits may be issued, the city
departments shall find that the plans submitted
for construction comply with the conditions of
approval imposed by the city council.
20.35.110 Changes to approved projects.
A planned residential development shall be
used, and constructed, only as approved. Any
change in a planned residential development
shall be applied for and processed in the same
manner as an original application. Changes in
plans or specifications may be permitted by
city departments having jurisdiction if the
changes do not substantially change the char-
acter of the approved development. Written
notice of all proposed changes shall be given to
the community development department for
review and approval before any other city
department approves the change.
20.35.120 Revocation of approval.
A. Council Review. If a condition of
approval is violated or not met within the time
set for its completion, or provisions of this
code are violated, the council may, either on
recommendation of the community services
department, or on its own motion, set a public
hearing, under Chapter 20.91 ECDC, upon the
question of the revocation of the approval and
any permits granted pursuant to it. After a pub-
lic hearing the council, by ordinance, may
revoke the approval and any other permits, or
may change the terms of the approval. Nothing
in this section shall limit the revocation of
building permits, issuance of stop orders or
other similar procedures authorized by this
code.
20-61 (Revised 12/96)
20.40.000
B. Abandonment or Noncompletion. If a
planned residential development project is
abandoned, or is not completed within two
years of the effective date of the approving
ordinance, or within any extension beyond two
years, as provided herein, the approval of the
project shall automatically expire and no
building permits shall thereafter be issued,
renewed or extended. Upon expiration, the
undeveloped land may only be developed after
a new planned residential development appli-
cation for such land has been approved pursu-
ant to the procedures and requirements of this
chapter. If no part of the project has been com-
pleted, the city council shall, by ordinance,
remove the planned residential development
designation from the official zoning map, and
revoke the original approval, by ordinance.
C. Extension of Approval.
1. First Extension. The director of com-
munity services, pursuant to the procedures of
ECDC 20.95.050 (Staff Decision — Notice
Required) may grant a one-year extension for
completion of an approved project, upon a
finding that the applicant has made a diligent,
good faith effort to complete the project within
two years of the approval.
2. Subsequent Extensions. The hearing
examiner, pursuant to ECDC 20.100.010(13),
may grant one further extension, not to exceed
two years after an extension granted by the
director of community services, provided the
following findings are made:
a. The project has not been com-
pleted due to causes beyond the applicant's
control;
b. The applicant has shown a diligent
good faith effort to complete the project within
the time previously allotted; and
c. The project can be built under the
ECDC in effect at the time of the extension
request without significant changes in the
design originally approved. [Ord. 3112 § § 12,
13, 1996; Ord. 2360 §§ 2, 3, 1983].
Chapter 20.40
REZONES
Sections:
20.40.000
Scope.
20.40.010
Review.
20.40.020
Contract rezones.
20.40.030
Notice.
20.40.000 Scope.
The requirements of this chapter apply to
proposed rezones, which are changes in the
zone districts by amendment to the official
zoning map that apply to parcels of property.
20.40.010 Review.
The planning advisory board shall review
the proposed rezone as provided in ECDC
20.100.020. At least the following factors shall
be considered in reviewing a proposed rezone:
A. Comprehensive Plan. Whether the pro-
posal is consistent with the comprehensive
plan;
B. Zoning Ordinance. Whether the pro-
posal is consistent with the purposes of the
zoning ordinance, and whether the proposal is
consistent with the purposes of the proposed
zone district;
C. Surrounding Area. The relationship of
the proposed zoning change to the existing
land uses and zoning of surrounding or nearby
property;
D. Changes. Whether there has been suffi-
cient change in the character of the immediate
or surrounding area or in city policy to justify
the rezone;
E. Suitability. Whether the property is eco-
nomically and physically suitable for the uses
allowed under the existing zoning, and under
the proposed zoning. One factor could be the
length of time the property has remained unde-
veloped compared to the surrounding area, and
parcels elsewhere with the same zoning;
F. Value. The relative gain to the public
health, safety and welfare compared to the
(Revised 12/96) 20-62
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 board shall be the same as
set forth for proposed amendments to the com-
prehensive plan in ECDC 20.00.020 for news-
paper publication, and pursuant to ECDC
20.91.010. [Ord. 3112 § 14, 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 12/96)
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 12/96) 20-64
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 12/96)
20.50.090
Plate 1
Microcells
407
Panel Antennas
Wood Telephone Pole —
Underground Ground Cabling
Support Equipment
EXISTING WOOD UTILITIES POLE
WITH ATTACHED ANTENNAS
Omni Directional Antenna
(Whip Antenna)—. -
407
Wood Telephone Pole
Underground Ground Cabling
.Support Equipment
ELECTRONICS EQUIPMENT MOUNTED ON POLE
EXISTING WOOD UTILITIES POLE
WITH ATTACHED ANTENNAS
(Revised 12/96) 20-64.4
Edmonds Community Development Code 20.50.090
Monopole
Wood F
Above GrOI
Above GrOI
Electronics
Shelter
Plate 2
Panel Antennas 603
Monopole II
120' Omni Antenna
Omni Antennas
Steel Monopole
Above Ground Cabling
Option
Electronics Equipment
Shelter
Chainlink Fence Optional
9
Below Ground Cabling L l -
20-65 (Revised 12/96)
20.50.090
Lattice Tower
Plan View of Platform
With Panel Antennas
Scale Is 2 Times Regular View
60' Steel Lattice Tower
8' x 16' Equipment Shelter
Elevation View
LATTICE TOWER WITH PANEL ANTENNAS
FULLY SECTORIZED — 12 ANTENNAS — 4 ON EACH SIDE
Plate 3
Less Obtrusive Mounting
Panel Ani
45' Water
8'x16'E
(Revised 12/96) 20-66
Edmonds Community Development Code
20.50.090
Less Obtrusive Examples
Panel
Antenna
ANNTENAS AFFIXED TO BUILDING FACADE
ELECTRONICS EQUIPMENT IN SMALL SPACE INSIDE BUILDING
Panel Antennas ---7\\
ROOFTOP MOUNTED PANEL ANTENNAS
ELECTRONICS EQUIPMENT IN SMALL SPACE INSIDE BUILDING
Plate 4
20-67 (Revised 12/96)
This page left intentionally blank.
(Revised 12/96) 20-68
Edmonds Community Development Code
20.55.025
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. 3112 § 15,
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].
20-69 (Revised 12/96)
20.55.030
20.55.030 Review.
The hearing examiner shall review and
make recommendations on shoreline permits
as provided in ECDC 20.100.010, using the
criteria contained in the city shoreline master
program, Chapter 15.35 ECDC, the policies of
the Shoreline Act and of Chapter 173-14
WAC, or master program shall be reviewed
using the additional criteria contained in the
shoreline master program, ECDC 15.39.030,
and the criteria of WAC 173-14-150, or as the
same may be amended.
20.55.040 Variances.
Shoreline permits including proposed vari-
ances to the shoreline master program shall be
reviewed using the additional criteria con-
tained in the shoreline master program, ECDC
15.39.030, and the criteria of WAC 173-14-
150, or as the same may be amended.
20.55.050 Filing with state.
The community development director shall
file copies of the following with the Depart-
ment of Ecology and the Attorney General
within eight days of the final city action on a
shoreline permit:
A. Decision. The final decision of the city
on the permit, and the permit if it was
approved.
B. Application. The application form, site
plan and vicinity map.
C. Environmental Data. The environmental
checklist, threshold determination, and the
declaration of non -significance or the environ-
mental impact statement. In lieu of this mate-
rial, a summarization of the actions and dates
of actions on environmental data may be filed.
D. Notice. The affidavits of notice.
20.55.060 Effective date.
No construction authorized by an approved
shoreline permit may begin until 30 days after
the final city decision on the proposal. This
restriction shall be stated on the permit.
Chapter 20.60
SIGN PERMITS
Sections:
20.60.000
Purpose.
20.60.010
Permit required.
20.60.020
General regulations.
20.60.030
Projecting signs maximum area.
20.60.040
Freestanding signs — Special
regulations.
20.60.045
Wall mounted signs — General
commercial.
20.60.050
Wall graphic and identification
structures.
20.60.060
Incidental signs.
20.60.065
Group service club signs.
20.60.070
Residential area signs.
20.60.080
Temporary signs.
20.60.090
Prohibited signs.
20.60.100
Administration.
20.60.000 Purpose.
The purpose of this chapter is to enact regu-
latory measures to implement those goals and
policies stated in the Edmonds Comprehensive
Policy Plan.
20.60.010 Permit required.
No sign may be installed or changed without
first obtaining approval of the sign's design
from the staff or the architectural design board,
unless exempted by this chapter. A sign is a
display visible from a public place that is
intended to convey a message to the public
and/or attract attention to the goods and/or ser-
vices provided by an enterprise, including wall
graphics or identification structures.
A change to a sign consists of relocating the
sign, changing the color scheme of the sign, or
replacing 25 percent or more of the structural
material in the sign area. Normal maintenance
and a change of name without changing the
color scheme are not changes which require a
permit. [Ord. 2277 § 1, 1982].
(Revised 12/96) 20-70
Edmonds Community Development Code
20.60.020
20.60.020 General regulations.
A. Staff Approval. The planning manager,
or designee, shall review all applications for
sign permits under this chapter, and determine
whether the information provided is adequate,
to enable full evaluation of the proposed sign.
1. The planning manager or designee
may refer certain applications to the architec-
tural design board where the proposed sign
contains one of the following characteristics:
a. The sign is to be freestanding,
detached from any buildings or structures;
b. The sign will be lighted, or will use
light reflective material; or
c. The proposed sign will be a wall
graphic as defined by this chapter.
2. The planning manager or designee
shall refer certain applications to the architec-
tural design board where the proposed sign
contains one of the following characteristics:
a. The sign exceeds the maximum
height, area and/or location standards pre-
scribed by this chapter.
b. More than two signs are proposed
by the applicant for the site, or the total number
of approved signs for that applicant would
exceed two signs.
c. The proposed sign would be an
identification structure as defined by this chap-
ter.
d. The proposed sign would require a
street use permit under this code.
e. The proposed sign would be obtru-
sive, garish or otherwise not consistent with
the surrounding neighborhood and may have a
significant impact on the community.
3. Notwithstanding the other provisions
of this subsection, sign permit applications
shall not be submitted to the architectural
design board if the proposed sign replaces a
previous sign and there is no significant
change in the general characteristics of the
sign except for content; said general character-
istics include but are not limited to size, shape,
lighting, location and supporting structure.
The permit applications for these signs shall be
processed and subject to review in the same
manner as other sign permit applications that
are not required to be submitted to the architec-
tural design board.
Permits for all other signs may be approved,
conditionally approved or denied by the plan-
ning manager, or designee, using the criteria
set forth in Chapter 20.10 ECDC and the pro-
visions of this chapter and subject to appeal to
the hearing examiner pursuant to the proce-
dure established in Chapter 20.105 ECDC for
appeal of staff decisions.
B. Review by Architectural Design Board.
The architectural design board shall use the
general policies for design review stated in
Chapter 20.10 ECDC and the provisions of this
chapter to review all signs proposed for a site
except those signs approved by the staff pursu-
ant to subsection A of this section. The archi-
tectural design board shall approve the
number, type and location of signs to be per-
mitted using the criteria set forth in ECDC
20.10.070, as such criteria relate to signs.
C. General Regulations.
1. The sign area is the actual area of the
sign visible from any single point of observa-
tion. Supporting structures which are a part of
the sign display shall be included in the calcu-
lation of the sign area.
2. The maximum sign area per business
shall be calculated at one square foot of sign
area for each lineal foot of the wall containing
the main public entrance to the business.
3. The maximum sign area may be
divided between attached, freestanding and
first floor window signs.
4. The total area of attached signs on any
wall shall not exceed the ratio of one square
foot of sign area to one lineal foot of that wall.
5. Window signs above the first floor
are not included in the maximum sign area of
a site, and are allowed to businesses located
above the first floor with a maximum area of
one square foot of sign area for each lineal foot
of window frontage.
D. Sign Height.
20-71 (Revised 12/96)
20.60.030
1. Sign height for attached signs is the
vertical distance from the midpoint of the top
of the sign to the finished grade.
2. Attached signs shall not exceed 14
feet in height.
3. The bottom of the sign area of pro-
jecting and marquee signs shall be at least
eight feet in height and at least 11 feet if it
projects over a vehicular way. The sign area of
a marquee sign may not exceed two feet in ver-
tical dimension.
4. When located on a wall or mansard
roof, a sign may not extend above the highest
point of the wall or roof, or above the eave or
drip line of a pitched roof on which it is
located. A sign may not be attached above the
eave or drip line on a pitched roof.
E. Sign Prohibition.
1. No sign or any part of a sign may be
designed or constructed to be moving by any
means and shall not contain items such as ban-
ners, ribbons, streamers and spinners. Signs
with type that is movable to change the mes-
sage (reader boards) are allowed.
2. No signs shall extend into or over a
public right-of-way unless a street use permit
has been approved (see Chapter 18.70 ECDC).
3. Exposed braces and angle irons are
prohibited. Guywires are prohibited unless
there are no other practical means of support-
ing the sign.
4. No sign shall have blinking, flashing,
fluttering or moving lights or other illuminat-
ing device which has a changing light density
or color; provided, however, temperature
and/or time signs that conform in all other
respects to this chapter are allowed.
5. No light source which exceeds 20
watts shall be directly exposed to any public
street or adjacent property.
6. No illumination source of fluorescent
light shall exceed 425 milliamps or be spaced
closer than eight inches on center.
7. No sign shall be illuminated after
11:00 p.m. unless the enterprise is open for
business and then may remain on only as long
as the enterprise is open.
8. No window signs above the first floor
shall be illuminated. [Ord. 3112 § 16, 1996;
Ord. 3023 § 6, 1995; Ord. 2429 § 2, 1984; Ord.
2427, 1984; Ord. 2277 § 2, 1982].
20.60.030 Projecting signs maximum
area.
The maximum area of a projecting sign shall
be as follows:
Zone Maximum Area of Sign
RS, RM Not permitted
BN, BC, CW 16 square feet
CG 32 square feet
20.60.040 Freestanding signs — Special
regulations.
A. Policy. Freestanding signs shall be dis-
couraged. Freestanding signs will be approved
only if the applicant can demonstrate to the
architectural design board that no reasonable
alternative exists to satisfy the identification
needs of the business.
B. Area. The maximum area of a freestand-
ing sign shall be as follows:
Zone
Maximum Area of Sign
RS, RM
10 square feet (Residential
Development Identification)
3 square feet (Individual Res-
idence Sign)
BN
24 square feet (single)
48 square feet (group)
BC
32 square feet (single)
48 square feet (group)
CW
32 square feet (single)
48 square feet (group)
CG
Sign area shall be governed by
subsection C of this section
C. Allowable Sign Area — CG Zone. The
total allowable sign area for freestanding signs
on general commercial sites shall be 56 square
feet or one-half square foot of sign area for
each lineal foot of street frontage, whichever is
(Revised 12/96) 20-72
Edmonds Community Development Code
20.60.050
greater, up to a maximum of 160 square feet of
freestanding sign area. Multiple business sites
shall further be allowed an additional 24
square feet of freestanding sign area for each
commercial tenant or occupant in excess of
one up to a maximum sign area of 160 square
feet. Corner lots choosing to accumulate sign
area under the provisions of subsection E of
this section shall be limited to 160 square feet.
D. Height.
1. Sign height for freestanding signs is
the vertical distance from the highest point of
the sign area of its support to the average ele-
vation of undisturbed soil at the base of the
supports.
2. The maximum sign height of free-
standing signs shall be as follows:
Zone Maximum Area of Sign
RS, RM 3.5' (Residential
Development
Identification)
BN, BC, CW 14.0'
CG 25.0'
E. Location. Freestanding signs shall be
located as close as possible to the center of the
street frontage on which they are located. They
may not be located on public property. Sites on
a corner of two public streets may have one
sign on the corner instead of a sign for each
frontage.
F. Number. Commercial sites, including
multiple business sites, shall have only one
freestanding sign, unless the site has frontage
on two arterial streets, in which case there may
be one sign per street frontage subject to the
restrictions on area contained within this chap-
ter. All other sites may have only one free-
standing sign.
G. Landscaping.
1. Each freestanding sign shall have a
landscaped area twice the size of the sign area
at the base of the sign. The landscaping and
sign base shall be protected from vehicles by
substantial curbing.
2. The applicant shall provide a land-
scape performance bond in the amount of 125
percent of the estimated costs of the landscap-
ing, or $1,000, whichever is more. The bond
shall be processed in accordance with Chapter
17.10 ECDC. [Ord. 2488 § 1, 1985; Ord. 2429
§ 3, 1984].
20.60.045 Wall mounted signs — General
commercial.
The total allowable sign area for each gen-
eral commercial establishment for signs
attached to a building shall be one square foot
of sign area for each lineal foot of building
frontage along a public street and/or along a
side of the building containing the primary
public entrance to a maximum of 200 square
feet. The allowable sign area shall be com-
puted separately for each qualifying building
frontage, and only the sign area derived from
that frontage may be oriented along that front-
age. Sign areas for wall mounted signs may not
be accumulated to yield a total allowable sign
area greater than that permitted such frontage,
except that businesses choosing not to erect a
freestanding sign may use up to 50 percent of
their allowable freestanding sign area for addi-
tional attached sign area. Use of the additional
area shall be subject to the review of the archi-
tectural design board. [Ord. 2429 § 3, 1984].
20.60.050 Wall graphic and identification
structures.
A. Definitions. A wall graphic is a wall sign
in which color and form are part of an overall
design on the building. An identification struc-
ture is a structure intended to attract the atten-
tion of the public to a site, with no use of words
or symbols identifying the business. Examples
include fountains, sculptures, awnings, and
totem poles.
B. Restrictions. There are no area restric-
tions on wall graphics or identification struc-
tures. [Ord. 2710, 1989].
20-72.1 (Revised 12/96)
20.60.060
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
example is a directional sign for off-street
parking. 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. 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. 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.
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.
(Revised 12/96) 20-72.2
Edmonds Community Development Code
20.60.100
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 the public right-of-way
(provided they are not hazardous to pedestrian
or vehicular traffic or located within land-
scaped areas). Such signs shall be removed
within 10 days after the primary, general or
special election to which they pertain. Cam-
paign 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. Maximum sign area
shall be limited to 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. 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
nuisance 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. 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.
20-72.3 (Revised 12/96)
20.65.000
C. Notice of Violation. Whenever the plan-
ning director becomes aware of a violation of
the provisions of this chapter, the planning
director shall cause a notice to be sent to the
alleged violator informing him or her of the
violation, the applicable code section, and a
time within which to remedy the violation. The
notice shall also advise of the penalties for
continued violation of the code as specified in
this chapter. If the violation has not been cor-
rected within the time limit specified, the plan-
ning director shall refer the matter to the city
attorney's office for institution of appropriate
legal action.
D. Penalty. Any person violating any provi-
sion of this code shall be guilty of a misde-
meanor, and upon conviction thereof shall be
punished by a fine of $25.00 for each day of
continued violation.
E. Variances. A variance to any require-
ment of this chapter may be approved by the
hearing examiner pursuant to ECDC
20.100.010(B)(2). In considering the variance
request, the hearing examiner shall consider
the criteria set forth in ECDC 20.85.010 and
the criteria of ECDC 20.10.070, as such crite-
ria relate to signs. [Ord. 2427 §§ 1, 2, 1984;
Ord. 2242 § § 1, 2, 1981].
Chapter 20.65
STREET MAP CHANGES
Sections:
20.65.000
Scope.
20.65.010
Review.
20.65.020
Approved changes.
20.65.030
Street vacations.
20.65.000 Scope.
This chapter applies to all proposed changes
to the official street map (Chapter 18.50
ECDC).
20.65.010 Review.
The hearing examiner shall review proposed
changes to the official street map as provided
in ECDC 20.100.010, using as the basis for his
review and recommendation, the purposes of
the comprehensive plan as stated in Chapter
15.05 ECDC, and the purposes of the Compre-
hensive Street Plan, as stated in Chapter 15.40
ECDC, and the purposes of the official street
map, as stated in Chapter 18.50 ECDC.
20.65.020 Approved changes.
When a change is approved, the adopting
ordinance shall direct the public works direc-
tor to incorporate the change on to the official
street map, but the language of this code shall
not be changed.
20.65.030 Street vacations.
When a street vacation has been approved
by the city under the provisions of Chapter
20.70 ECDC, and the vacated street is shown
on the official street map, the approved vaca-
tion shall also constitute an approved change
to the official street map.
(Revised 12/96) 20-72.4
Edmonds Community Development Code
20.70.060
Chapter 20.70
STREET VACATIONS
Sections:
20.70.000
Purpose.
20.70.010
Applicability.
20.70.020
Criteria for vacation.
20.70.030
City easement rights for public
utilities and services.
20.70.040
Limitations on vacations.
20.70.050
Initiation of proceedings.
20.70.060
Application requirements.
20.70.070
Public hearing — Date fixing.
20.70.80
Staff report preparation
20.70.090
Public notification — Contents
and distribution.
20.70.100
Vacation file content and
availability.
20.70.110
Public hearing — Required.
20.70.120
Public hearing — Continuation.
20.70.130
Public hearing — Presentation by
planning manager.
20.70.140
Final decision.
20.70.000 Purpose.
This chapter establishes the procedure and
criteria that the city will use to decide upon
vacations of streets, alleys, and public ease-
ments. [Ord. 2933 § 1, 1993].
20.70.010 Applicability.
This chapter applies to each request for
vacation by city council or by petition. Note: if
the street to be vacated is shown on the official
street map (Chapter 19.80 ECDC), the
approved street vacation also changes the offi-
cial street map to remove the vacated street
(See Chapter 20.65 ECDC). [Ord. 2933 § 1,
1993].
20.70.020 Criteria for vacation.
The city council may vacate a street, alley,
or easement only if it finds that:
A. The vacation is in the public interest; and
B. No property will be denied direct access
as a result of the vacation. [Ord. 2933 § 1,
1993].
20.70.030 City easement rights for public
utilities and services.
In vacating a street, alley, or easement, the
city council may reserve for the city any ease-
ments or the right to exercise and grant any
easements for public utilities and services.
[Ord. 2933 § 1, 1993].
20.70.040 Limitations on vacations.
A. Areas that May Not Be Vacated. The
city may not vacate any street, alley, easement,
or part thereof that abuts any body of water
unless all elements of RCW 35.79.035 are
complied with, and the vacated area will
thereby become available for the city or other
public entity to acquire and to use for a public
purpose.
B. Objection by Property Owner. The city
shall not proceed with the vacation if the own-
ers of 50 percent or more of the property abut-
ting the street or alley or part thereof, or
underlying the easement or part thereof, to be
vacated file a written objection in the planning
division prior to the time of the hearing. [Ord.
2933 § 1, 1993].
20.70.050 Initiation of proceedings.
A vacation may be initiated by:
A. City council; or
B. The owners of more than two-thirds of
property abutting the portion of the street or
alley to be vacated or, in the case of an ease-
ment, two-thirds of property underlying the
portion of the easement to be vacated. [Ord.
2933 § 1, 1993].
20.70.060 Application requirements.
An applicant may apply for a vacation by
submitting the following:
A. A vacation petition with supporting affi-
davits on forms provided by the planning divi-
sion;
20-72.5 (Revised 12/96)
This page left intentionally blank.
(Revised 12/96) 20-72.6
Edmonds Community Development Code
20.75.055
D. The application fee as set in Chapter
15.00 ECDC;
E. A proposal for dedication of park land
rather than payment of "in -lieu" fees, if desired
by the applicant;
F. Source of water supply and name of sup-
plier;
G. Method of sewage disposal, and name of
municipal system if applicable. Percolation
rates and other information required by the
public works department shall be submitted if
septic tanks are to be used;
H. Other information that may be required
by the community development director in
order to properly review the proposed subdivi-
sion, including information needed to deter-
mine the environmental impact of the
proposal. [Ord. 2379 § 1, 1983].
20.75.050 Lot line adjustment —
Application.
A lot line adjustment is a minor reorienta-
tion of a lot line between existing lots to cor-
rect an encroachment by a structure or
improvement to more logically follow topog-
raphy or other natural features, or for other
good cause, which results in no more lots than
existed before the lot line adjustment.
A. Application. The application shall be
made in the same manner and shall include the
same information, as required for a subdivi-
sion by ECDC 20.75.040, except for subsec-
tions E, F and G.
B. Fee. The application fee shall be as set in
Chapter 15.00 ECDC.
20.75.055 Required information on
preliminary plat.
A preliminary plat is a neat and approximate
drawing to scale of a proposed division of
land, showing the existing conditions and the
general proposed layouts of streets, lots and
other information needed to properly review
the proposal. The preliminary plat of a short
subdivision may be referred to as a short plat.
A preliminary plat shall be prepared by a pro-
fessional land surveyor registered in the state
of Washington. The scale used shall be suffi-
cient to show clearly all details of the proposal.
A scale of 50 feet to the inch is preferred; other
engineering scales may be used, if necessary.
Preliminary plats for formal subdivisions shall
not exceed a size of 24 inches by 36 inches.
Short plats shall be on an 8-1/2-by-II-inch
page. The following information shall be
shown on the plat:
A. The name, if any, of the proposed subdi-
vision;
B. Sufficient description to define the loca-
tion and boundaries of the proposed subdivi-
sion;
C. Name, address, seal and signature of the
land surveyor who prepared the map;
D. A vicinity sketch;
E. Date prepared or revised, scale, north
point, quarter section, section, township and
range number;
F. Total acreage of the land to be divided,
and area in square feet of each proposed lot;
G. Existing zoning, and zoning boundaries,
if any;
H. Lot dimensions and numbers;
I. Setback lines required by the existing or
proposed zoning, if the proposed lot has an
unusual shape, steep topography, or other
unusual limitations on its building site;
J. Any existing property lines within, or
adjacent to, the proposed subdivision, and the
names of the owners of adjacent property;
K. Contour lines in areas to be developed
shall be at five-foot intervals, or as specified
by the community development director. Ten -
foot intervals may be used in areas not to be
developed. All contour lines shall be extended
into adjacent property a sufficient distance to
show the topographical relationship of adja-
cent property to the proposed subdivision;
L. The location, name and width of all
existing and proposed street rights -of -way, or
easements within or adjacent to the proposed
subdivision, the grade or proposed streets and
the pavement location of existing and pro-
posed streets;
20-77 (Revised 12/96)
20.75.060
M. The location of all existing structures
within the proposed subdivision and within 25
feet of the proposed subdivision. Public area or
areas to be owned in common by the lot own-
ers, if any;
N. The location of tree -covered areas, with
the location of individual trees over eight
inches in diameter in areas as requested by the
planning director;
O. A preliminary grading plan or profile of
proposed roads if more than 500 cubic yards of
earth is to be removed;
P. A preliminary drainage proposal as spec-
ified in Chapter 18.30 ECDC, showing exist-
ing and proposed drainage facilities for the site
and the adjacent areas;
Q. A statement of improvements to be
installed;
R. The location of known or suspected soil
or geological hazard areas, water bodies,
creeks and areas subject to flooding;
S. Possible future lot lines if any is large
enough to allow future division;
T. Location of existing underground utility
lines, sewer and water mains adjacent to or
within the proposed subdivision;
U. Other information that may be required
by the community development director in
order to properly review the proposed subdivi-
sion, including information needed to deter-
mine the environmental impact of the proposal.
20.75.060 Lot line adjustment — Plat
requirements.
All of the information required for a subdi-
vision by ECDC 20.75.055 shall be provided,
except subsections K, and O through T.
20.75.065 Preliminary review.
A. Responsibility for Review. The commu-
nity development director, or a designated
planning staff member, is in charge of admin-
istering the preliminary review of all subdivi-
sions and lot line adjustments. The public
works director and the fire department, and
other departments if needed, shall participate
in preliminary review by appropriate recom-
mendations on subjects within their respective
areas of expertise.
B. Notice of Hearing.
1. When the director of community ser-
vices has accepted a subdivision for filing, he
shall set a date of hearing, and give notice of
the hearing as provided in ECDC 20.91.010,
and by the following for a formal subdivision:
a. One publication in a newspaper of
general circulation within Snohomish County
pursuant to Chapter 1.03 ECC and posting
notice in three conspicuous places within 300
feet of any portion of the boundary of the pro-
posed formal subdivision not less than 10 days
prior to the hearing.
b. Mailing to a city if a proposed for-
mal subdivision is adjacent or within one mile
of the city's boundary, or the proposed subdi-
vision would use the utilities of the city.
c. Mailing to the county if a proposed
formal subdivision is adjacent to the city -
county boundary.
d. Mailing to the State Department of
Highways if a proposed formal subdivision is
adjacent to a state highway right-of-way.
e. The notice must include a legal
description and either a vicinity location
sketch or a location description in nonlegal
language.
C. Time Limits for Staff Review. Staff
review shall be completed within 20 working
days from the date of filing.
D. Formal Subdivision Review. The hear-
ing examiner shall review a formal subdivision
as provided in ECDC 20.100.010.
E. Short Subdivisions — Staff Review. The
director of community services shall review a
short subdivision as provided in ECDC
20.95.050 (Staff Decision — Notice Required).
F. Lot Line Adjustment — Staff Review.
The director of community services shall
review a lot line adjustment as provided in
ECDC 20.95.050 (Staff Decision — Notice
Required).
G. Appeal of Staff Decision. Any person
may appeal a decision of the community
(Revised 12/96) 20-78
Edmonds Community Development Code
20.75.085
development director on a short subdivision or
lot line adjustment under the procedure set
forth in ECDC 20.105.030. [Ord. 3112 §§ 17,
18, 19, 1996; Ord. 2379 § 2, 1983].
20.75.070 Formal subdivision — Time
limit.
The city council shall make its final decision
on a proposed formal subdivision within 90
days of the date of filing, unless the applicant
agrees to extend the time. Where applicable,
additional time needed to prepare and circulate
an environmental impact statement shall not
be included within said 90 days.
20.75.075 Modifications.
A. Request. Request for a modification to a
requirement of this chapter shall be made on
the regular subdivision or lot line adjustment
application form. The applicant shall state rea-
sons to support the approval of the requested
modification.
B. Notice. The notice of the public hearing
at which the applicant's proposed subdivision
or lot line adjustment will be considered shall
contain a description of the proposed modifi-
cation.
C. Consideration. The proposed modifica-
tion shall be considered in the same manner as
the proposed subdivision or lot line adjust-
ment. The modification may be approved, or
recommended for approval, only if all of the
required findings set forth in Chapter 20.85
ECDC (Variances) can be made.
20.75.080 General findings.
A proposed subdivision may be approved
only if all of the following general findings can
be made for the proposal, as approved or as
conditionally approved:
A. Subdivision Ordinance. The proposal is
consistent with the purposes of this chapter (as
listed in ECDC 20.75.020) and meets all
requirements of this chapter.
B. Comprehensive Plan. The proposal is
consistent with the provisions of the Edmonds
Comprehensive Plan, or other adopted city
policy, and is in the public interest.
C. Zoning Ordinance. The proposal meets
all requirements of the zoning ordinance, or a
modification has been approved as provided
for in this chapter.
D. Flood Plain Management. The proposal
meets all requirements of the Edmonds Com-
munity Development Code relating to flood
plain management. [Ord. 2466, 1984].
20.75.085 Review criteria.
The following criteria shall be used to
review proposed subdivisions and lot line
adjustments:
A. Environmental.
1. Where environmental resources exist,
such as trees, streams, ravines or wildlife hab-
itats, the proposal shall be designed to mini-
mize significant adverse impacts to the
resources. Permanent restrictions may be
imposed on the proposal to avoid impact.
2. The proposal shall be designed to
minimize grading by using shared driveways
and by relating street, house site and lot place-
ment to the existing topography.
3. Where conditions exist which could
be hazardous to the future residents of the land
to be divided, or to nearby residents or prop-
erty, such as flood plains, steep slopes or
unstable soil or geologic conditions, a subdivi-
sion of the hazardous land shall be denied
unless the condition can be permanently cor-
rected, consistent with paragraphs A(1) and (2)
of this section.
4. The proposal shall be designed to
minimize off -site impacts on drainage, views
and so forth.
B. Lot and Street Layout.
1. Lots shall be designed to contain a
usable building area. If the building area would
be difficult to develop, the lot shall be rede-
signed or eliminated, unless special conditions
can be imposed on the approval which will
ensure that the lot is developed properly.
2. Lots shall not front on highways, arte-
rials or collector streets unless there is no other
20-79 (Revised 12/96)
20.75.090
feasible access. Special access provisions,
such as shared driveways, turnarounds or
frontage streets may be required to minimize
traffic hazards.
3. Each lot shall meet the applicable
dimensional requirements of the zoning ordi-
nance.
4. Pedestrian walks or bicycle paths
shall be provided to serve schools, parks, pub-
lic facilities, shorelines and streams where
street access is not adequate.
C. Dedications.
1. The city council may require dedica-
tion of land in the proposed subdivision for
public use.
2. Only the city council may approve a
dedication of park land to satisfy the require-
ments of ECDC 20.75.090. The council may
request a review and written recommendation
from the planning advisory board.
3. Any approval of a subdivision or lot
line adjustment shall be conditioned on appro-
priate dedication of land for streets, including
those on the official street map and the prelim-
inary plat.
D. Improvements.
1. Improvements which may be re-
quired, but are not limited to, streets, curbs, pe-
destrian walks and bicycle paths, sidewalks,
street landscaping, water lines, sewage sys-
tems, drainage systems and underground utili-
ties.
2. The person or body approving a sub-
division shall determine the improvements
necessary to meet the purposes and require-
ments of this chapter, and the requirements of:
a. ECDC Title 18, Public Works
Requirements;
b. Chapter 19.75, Fire Code, as to fire
hydrants, water supply and access.
This determination shall be based on the
recommendations of the community develop-
ment director, the public works director, and
the fire chief.
3. The use of septic systems may be
approved if all of the following conditions are
met:
a. It is more than 200 feet, multiplied
by the number of lots in the proposed subdivi-
sion, from the nearest public sewer main to the
nearest boundary of the land to be divided.
b. The land to be divided is zoned
RS-20.
c. The public works director and city
health officer determine that soil, drainage and
slope conditions are satisfactory for septic use
and that all requirements of WAC 248-96-090
are met.
E. Flood Plain Management. All subdivi-
sion proposals shall comply with the criteria
set forth in the Edmonds Community Develop-
ment Code for flood plain management. [Ord.
2466, 1984].
20.75.090 Park land dedication.
A. Dedication or In -Lieu of Fee Required.
Before or concurrent with the approval of the
final plat of any subdivision, the subdivider
shall dedicate land, pay a fee in -lieu of dedica-
tion, or do a combination of both, for park and
recreational purposes.
B. Proposal of Dedication. Either the appli-
cant or the city may propose dedication of a
portion of the land to be divided in order to
meet the regulations of this section. Payment
of in -lieu fees is required unless dedication is
proposed and approved.
C. Review of Dedications. Dedication pro-
posals shall be reviewed at the same time as
the subdivision proposal. Any short subdivi-
sion containing a dedication proposal shall be
reviewed as if it were a formal subdivision.
D. Factors for Review. Dedication propos-
als shall be reviewed for consistency with the
Comprehensive Plan, the Comprehensive
Parks and Recreation Plan, and the Recre-
ational Walks Plan. Other factors to be consid-
ered include size, usability and accessibility of
the land proposed for dedication, and the pos-
sibility of coordinating dedication by owners
of adjacent land.
E. In -Lieu Fee. In -lieu park fees shall be as
set in Chapter 15.00 ECDC.
(Revised 12/96) 20-80
Edmonds Community Development Code
20.80.020
20.75.185 Penalties.
Any person who violates any provision of
this chapter relating to the sale, offer for sale,
lease or transfer of any lot is guilty of a misde-
meanor and subject to the penalties of ECC
5.50.020. Each sale, offer for sale, lease or
transfer of each separate lot in violation of any
provision of this chapter shall be deemed a
separate and distinct offense. In addition to
these criminal sanctions, the city shall have the
right to bring an action to restrain and enjoin
any subdivision, sale or transfer, compel com-
pliance with the provisions of this chapter and
obtain other injunctive relief. The costs of such
action shall be paid by the violator and shall
include the city attorney's fees.
Chapter 20.80
TEXT AND MAP CHANGES
Sections:
20.80.000 Scope.
20.80.010 Procedural and nonzoning related
changes.
20.80.020 Zoning and planning changes.
20.80.000 Scope.
This chapter sets forth the procedure for
amendment to the text and any applicable
maps adopted by and within the community
development code, but does not apply to other
chapters of the Edmonds City Code. Because
various provisions of the community develop-
ment code are adopted under different state
regulations, this chapter is divided into two
basic divisions as set forth below.
20.80.010 Procedural and nonzoning
related changes.
Amendments to the following text materials
(and where applicable, maps and other incor-
porated codes or codifications within them)
shall be reviewed and made by the city council
and may be adopted in the same manner as any
other ordinances. The city council may refer a
proposal to the planning advisory board, or
other board, commission, committee, staff, or
other ad hoc group for its or their nonbinding
recommendations.
A. ECDC 15.00.020, Application Fees;
B. ECDC Title 18, Public Works Require-
ments, except Chapter 18.50, Official Street
Map;
C. ECDC Title 19, Building Codes;
D. Chapter 20.15 ECDC, Environmental
Review (SEPA);
E. Chapter 20.70 ECDC, Street Vacations.
20.80.020 Zoning and planning changes.
A. Review. Amendments to the following
text materials (and where applicable maps, and
other incorporated codes or codifications
within them) before amendment by the city
20-85 (Revised 12/96)
20.85.000
council shall first be reviewed by the planning
advisory board as provided in ECDC
20.100.020 using the purposes and criteria set
forth in the applicable chapters as the basis for
its review and recommendations:
1. ECDC Title 15, Comprehensive Plan,
except application and permit fees.
2. ECDC Title 16, Zoning Districts.
3. ECDC Title 17, General Zoning, Reg-
ulations.
4. ECDC Title 20, Review Criteria and
Procedure, excluding:
a. Chapter 20.15 ECDC, Environ-
mental Review (SEPA);
b. Chapter 20.70 ECDC, Street Vaca-
tions.
5. The hearing examiner shall review
amendments to the official street map, Chapter
18.50 ECDC, rather than the planning advi-
sory board.
B. Notice. See ECDC 20.91.010.
C. When the city council, in its discretion,
deems it appropriate to adopt pre -annexation
zoning comparable to that in effect in Snohom-
ish County for a proposed annexation area, the
procedural and notice requirements of RCW
35A.14.340 shall control over the provisions
of this chapter and ECDC 20.90.010. In the
event that the city council determines it appro-
priate to zone property proposed for annex-
ation to the city in a category which is not
comparable to zoning in effect in Snohomish
County, the provisions of this chapter and
ECDC 20.90.010 shall apply. Any change to
pre -annexation zoning proposed after annex-
ation to the city shall also comply with the pro-
visions of this chapter and said section. [Ord.
3112 § 20, 1996; Ord. 3080 § 1, 1996].
Chapter 20.85
VARIANCES
Sections:
20.85.000
Scope.
20.85.010
Findings.
20.85.020
General requirements.
20.85.000 Scope.
A variance to any requirement of the zoning
ordinance (ECDC Titles 16 and 17) except use
and procedural requirements may be approved
when the findings required by this chapter can
be made.
20.85.010 Findings.
No variance may be approved unless all of
the findings in this section can be made.
A. Special Circumstances. That, because of
special circumstances relating to the property,
the strict enforcement of the zoning ordinance
would deprive the owner of use rights and
privileges permitted to other properties in the
vicinity with the same zoning.
1. Special circumstances include the
size, shape, topography, location or surround-
ings of the property, public necessity as of pub-
lic structures and uses as set forth in ECDC
17.00.030 and environmental factors such as
vegetation, streams, ponds and wildlife habi-
tats.
2. Special circumstances should not be
predicated upon any factor personal to the
owner such as age or disability, extra expense
which may be necessary to comply with the
zoning ordinance, the ability to secure a scenic
view, the ability to make more profitable use
of the property, nor any factor resulting from
the action of the owner or any past owner of
the same property;
B. Special Privilege. That the approval of
the variance would not be a grant of special
privilege to the property in comparison with
the limitations upon other properties in the
vicinity with the same zoning;
(Revised 12/96) 20-86
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 Exemptions.
20.90.010 Application procedures.
20.90.000 Scope.
This chapter sets forth the processes for
reviewing project permit applications required
by ECDC Titles 15 through 20. Individual por-
tions of the ECDC may set additional process-
ing requirements. The requirements of this
chapter shall supersede any conflicting
requirements of the ECDC to the extent per-
mitted by state law. [Ord. 3112 § 21, 1996].
20.90.005 Exemptions.
A. Partial Exemptions. The following
project permit applications shall be exempt
from ECDC 20.90.010(B) (project consolida-
tion), ECDC 20.90.010(E) (notice of applica-
tion), and ECDC 20.90.010(F)(3) (notice of
decision):
1. Any and all project permit applica-
tions required by any provision of ECDC Title
18 or 19 not otherwise exempted by this sec-
tion.
2. Lot line adjustments as identified in
ECDC 20.75.050.
3. Building permit applications as iden-
tified in Chapter 19.00 ECDC that are categor-
ically exempt from environmental review
under Chapter 43.21 C RCW, or for which
environmental review has been completed in
connection with other project permit applica-
tions.
4. Architectural design board approvals
that are categorically exempt from environ-
mental review under Chapter 43.21C RCW.
B. Complete Exemptions. In addition to the
regulations listed under ECDC 20.90.005(A)
above, the following permits shall also be
exempt from ECDC 20.90.010(D) (letter of
20-87 (Revised 12/96)
20.90.010
completeness), ECDC 20.90.010(F)(1) (final
decision deadline) and ECDC 20.90.010(H)
(appeal deadlines):
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 43.21C RCW for
which environmental review has not been
completed in connection with other project
permits.
4. Any staff decisions authorized by the
ECDC or ECC.
5. Street vacations as identified in Chap-
ter 20.70 ECDC. [Ord. 3112 § 21, 1996].
20.90.010 Application procedures.
A. Application. All applications for devel-
opment permits or other city approvals
required by the ECDC shall be submitted on
forms provided by the city of Edmonds. All
such applications shall include the information
required by the appropriate chapter of the
ECDC. The director of community services or
his/her designee may require such additional
information as is reasonably necessary to fully
and properly evaluate the proposal.
B. Project Consolidation.
1. The city shall consolidate the review
of project permit 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 one development
project for the purposes of this chapter. The
city is also authorized to consolidate project
review with the permit review of other govern-
ment agencies.
2. Decisions and hearings shall be
scheduled so that no more than one open
record public hearing is held on all project per-
mit applications received on a development
project and no more than one closed record
appeal hearing is held on the same project.
Projects that do not involve an open record
predecision hearing can be subject to an open
record appeal.
a. To the extent consistent with state
law, when an open record public hearing is
required by the ECDC before more than one
decisionmaking body for a consolidated
project, the decisionmaking body with the
broadest decisionmaking authority as deter-
mined by the planning manager shall conduct
the public hearing and shall have sole authority
to render a final decision on the application.
b. To the extent consistent with state
law, when a closed record appeal is required
by the ECDC to be conducted by more than
one decisionmaking body for a consolidated
project, the decisionmaking body with the
highest appeal authority as determined by the
planning manager shall conduct the appeal and
shall have sole authority to render a final deci-
sion on the appeal.
c. To the extent consistent with state
law, when consolidated project permit applica-
tions are required by the ECDC to include both
open record predecision hearings and open
record appeals, the appeal shall be a closed
record appeal.
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 project permit application, the
city shall review the application and provide
the applicant(s) with a written statement that
the application is complete or incomplete.
2. A project permit application shall be
declared complete only when it contains all of
the following materials:
(Revised 12/96) 20-88
Edmonds Community Development Code
20.90.010
a. A fully completed, signed and
acknowledged project permit 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, Chapter 43.21 C
RCW.
c. A fully completed, signed and
acknowledged critical areas checklist for
projects subject to the Critical Areas Ordi-
nance of the city of Edmonds (Chapter 20.15B
ECDC).
d. The information specified for indi-
vidual permit approvals under the appropriate
chapters of the ECDC.
e. Any supplemental information or
special studies identified by the director of
community services 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. Notice of Application.
1. The city shall issue a notice of devel-
opment application within 14 calendar days of
issuing a letter of completeness under ECDC
20.90.010(D).
2. Notice of Development Application.
The notice of development application
required by this subsection shall include but
not be limited to the following:
a. Name of the applicant.
b. Date of application, date of the let-
ter of completeness, and date of notice of
development application.
c. Location of the project, including
vicinity map.
d. Project description.
e. Requested permits and approvals,
and identification of other permits not
included in the application to the extent known
by the city.
f. Requested studies.
g. Location of application materials
for public review, including any existing or
required environmental documents.
h. The public comment period, being
not less than 14 nor more than 30 calendar
days from the date of the notice.
i. City contact information.
j. The time, place and date of the pub-
lic hearing, if a hearing has been scheduled.
k. A statement that the decision on
the application will be made within 120 days
of the date of the letter of completeness.
3. The city shall follow the procedures
set forth in ECDC 20.91.010(B)(1) in the issu-
ance of a notice of development application
with the following modifications:
a. Only the information required by
ECDC 20.91.010(A) need be included in the
publication required by ECDC
20.91.010(B)(1)(c).
b. The notice procedures required for
a public hearing under Chapter 20.91 ECDC
may be combined with the notice procedures
for a notice of development application to the
extent possible.
F. Final Decision.
1. Time. The final decision on a project
permit application shall be made within 120
calendar 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 ECDC.
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 director of community services shall deter-
mine whether the information is adequate to
resume the project review.
20-89 (Revised 12/96)
20.90.010
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, Chapter 43.21 C RCW, following a
determination of significance, if the city of
Edmonds by ordinance or resolution has estab-
lished time periods for completion of environ-
mental impact statements, or if the planning
manager and the project permit applicant agree
in writing to a time period for completion of an
environmental impact statement.
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. Any period for administrative
appeals of project permits, if an open record
appeal hearing or a closed record appeal, or
both, are allowed.
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.
G. Hearing and Appeal Limitations. No
project permit application except for the
appeal of a determination of significance as
provided in RCW 43.21C.075 shall be subject
to more than one open record hearing and one
closed record appeal. An open record appeal
may be held in the absence of an open record
predecision hearing.
H. Appeal Deadlines.
1. For all open record appeal hearings, a
final decision on the appeal shall be issued
within 90 days of the date the appeal is filed.
2. For all closed record appeal hearings,
a final decision on the appeal shall be issued
within 60 days of the date the appeal is filed.
3. Parties to an appeal may agree to
extend the time limits required by this subsec-
tion.
I. Appearance of Fairness. All quasi-judi-
cial hearings for land use permit applications
shall comply with the Appearance of Fairness
Doctrine as codified in Chapter 42.36 RCW
and developed by the Washington courts.
Under the Appearance of Fairness Doctrine, a
quasi-judicial land use hearing must not only
be fair in fact but must also appear to be fair
and free from an aura of partiality, impropri-
ety, conflict of interest or prejudgment. To this
end the following hearing procedures shall be
employed in quasi-judicial land use hearings:
1. Pre -hearing Procedures. Prior to the
opening of a public hearing, the presiding
officer of the review authority conducting the
hearing shall take the following actions:
a. The presiding officer shall inform
the audience of the basic procedural rules for
participating in the hearing, including time
limits and order of presentation.
b. The presiding officer shall disclose
any potential grounds for partiality, impropri-
ety, conflict of interest or prejudgment. The
presiding officer shall also disclose any ex
parte contacts with proponents or opponents of
the project under review. The presiding officer
shall also ask all other members of the review
authority for the same disclosures.
c. The presiding officer shall ask if
there are any objections from any member of
the audience based upon the contents of the
disclosures. The audience shall further be
(Revised 12/96) 20-90
Edmonds Community Development Code
20.90.010
informed that failure to object to any subject
matter of the disclosure shall serve to waive
any right to further objection.
d. Should any objection from the
audience be received, the presiding officer
shall determine if the objection serves as
grounds for disqualification of any participat-
ing decisionmaker.
e. An objection to an ex parte contact
shall not serve as a basis for disqualification.
Anyone who objects to an ex parte communi-
cation shall have the right to rebut the contents
of the communication during the hearing.
2. Hearing Procedures. The following
procedures shall apply while a public hearing
is open:
a. The order of testimony shall be as
follows:
(1) Staff presentation;
(2) Applicant presentation;
(3) Public testimony;
(4) Staff response;
(5) Applicant rebuttal, to the
extent permitted by other council procedural
rules.
b. All testimony shall be directed to
the review authority.
3. Post -Hearing Procedure. The follow-
ing procedures shall apply after a public hear-
ing is closed:
a. No new evidence shall be consid-
ered by the review authority after the close of
the public hearing.
b. The review authority shall limit its
consideration of evidence to that which was
presented during the public hearing.
c. Motions to reconsider may be con-
sidered until the formal adoption of the written
findings and conclusions pertaining to the
decision. The motion to reconsider and its
debate shall be limited to the procedural
motion and shall not include deliberation of
the main motion. If a motion to reconsider is
adopted, the matter shall be set for a continued
public hearing with notice to all parties and the
public. The city council shall specify in its
notice whether the matter is set for council
deliberation only on the existing record or
whether further public testimony will be taken.
4. Procedures to Serve as Supplemental
Guidelines. The procedures of this subsection
shall supplement existing rules relating to city
decisionmaking procedures. The procedures of
this subsection shall supersede any conflicting
city procedural requirements. These proce-
dures are intended to serve as guidelines for
compliance with state law requirements per-
taining to the Appearance of Fairness Doc-
trine. Failure to comply with these procedures
shall not serve as justification to invalidate a
land use decision or serve as any source of lia-
bility to the city. [Ord. 3112 § 21, 1996].
20-91 (Revised 12/96)
20.91.000
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. 3112
§ 22, 1996].
20.91.010 Public notice.
A. Contents of Notice for Public Hearings.
A notice for a public hearing shall contain at
least the following:
1. A general description of the proposal.
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.
B. Notice Procedures. The city shall give
notice of public hearing at least 10 working
days before the hearing date by the following
methods:
1. Except as specifically stated in sub-
section (13)(2) below, all hearings under this
title shall be noticed as follows:
a. Mailings to:
(1) Applicant and owner of the property in-
volved.
(2) 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 Chapter 20.18
ECDC) of the property involved in the propos-
al.
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 director of community ser-
vices. 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 conve-
nience 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.
2. 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:
(1) Posting (subsection (13)(1)(b) above), and
(2) Mailings (Subsection (13)(1)(a) above); or
(3) If more than 100 parcels are involved in a
rezone, as an alternative to individually 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 newspaper of general
circulation in Edmonds as set forth in Chapter
1.03 ECC at least 10 working days before the
hearing.
(4) Publication as specified in ECDC
(Revised 12/96) 20-92
Edmonds Community Development Code
20.91.020
20.91.010(B)(1)(c).
b. Zoning ordinance text changes
(identified in ECDC 20.80.020), newspaper
publication under ECDC 20.40.030. Further, if
the director of community services determines
that the change is significant enough to war-
rant 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 director of community ser-
vices 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 director of community ser-
vices 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.
f. Street vacations, see ECDC
20.70.020.
g. Shoreline substantial development
permits, see ECDC 20.55.020. [Ord. 3112 §
22, 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 indi-
viduals shall speak first. Following the presen-
tation of the applicant, the appellant, if any,
shall be allowed to speak. Then, any interested
person may be heard. After all interested mem-
bers of the public have had a fair opportunity
to speak, the applicant shall be given a brief
opportunity to respond to or rebut information
presented by the appellant or members of the
public. This opportunity for rebuttal shall not
be used to present new information or to
address subjects other than issues raised by the
appellant and public. After all interested per-
sons have had a fair opportunity to speak, the
person presiding over the hearing shall declare
the public hearing closed. The person presid-
ing shall then recognize final staff comments,
if any, and questions of the council.
Any hearing may be continued to obtain
information needed for a proper decision, or
for other good cause. No further notice of the
continued hearing shall be required if the hear-
ing is continued to a set date.
C. Relevant Material. A person may speak
on, or submit other material on any relevant
subject. A subject is relevant if it is related to
the elements of the proposal being reviewed,
as shown by the required findings or review
criteria required by the ECDC. The person pre-
siding over the hearing may exclude material
which is not shown to be relevant.
D. Time Limits. The person or body hold-
ing the hearing may impose a reasonable time
limit for every person speaking during the
hearing.
E. Rules of Procedure. The person or body
charged with holding public hearings shall
adopt, with the concurrence of the city council,
rules of procedure to supplement this section.
However, formal rules of evidence or proce-
dure followed in a court shall not be applied to
hearings under this section.
F. Discussion. The person or body holding
the hearings may ask questions of the staff or
any other person after the hearing is closed.
However, if any new material is raised by
these questions, or if any new material is dis-
cussed, the public hearing may be reopened for
20-93 (Revised 12/96)
20.95.000
comment on the new material. New material is
material not discussed before or during the
public testimony portion of the hearing.
G. Decision. The decision shall be made
after the hearing. For the hearing examiner,
director of community services and other staff,
the decision shall be made within 10 days of
the day the hearing was closed. The decision
shall be based on the relationship of the pro-
posal to the standards, criteria and findings of
the ECDC. The report (or minutes) of the deci-
sion shall also include findings and conclu-
sions. A decision arrived at by the hearing
examiner or director of community services or
other staff shall be reported in writing
promptly to the applicant, appellant, if any,
and any other person requesting a copy of the
decision.
H. Records. The city clerk shall keep a per-
manent record of all public hearings held
under the ECDC. Summary minutes and a tape
recording of the hearings shall be sufficient
record.
The community services department shall
keep the permanent record of all exhibits, staff
reports and so forth, on each proposal. [Ord.
3112 § 22, 1996].
Chapter 20.95
APPLICATION AND STAFF REVIEW
Sections:
20.95.000
Scope.
20.95.010
Application.
20.95.020
Review by other departments.
20.95.030
Staff analysis and report.
20.95.040
Staff decision — No notice
required.
20.95.050
Staff decision — Notice required.
20.95.000 Scope.
This chapter establishes the staff review
procedure for all permits or approvals required
by ECDC Title 20.
20.95.010 Application.
A. Filing. All applications shall be filed
with the community development director,
unless a state statute specifies otherwise. The
community development department shall
provide a needed application form. Applica-
tion fees shall be as set in Chapter 15.00
ECDC.
B. Required Information. The applicant
shall provide the information from the follow-
ing as prescribed by the community develop-
ment director:
1. Applicant's name and address;
2. Owner's name, address, proof of
ownership, and written consent if the applicant
is not the owner (owner's consent not required
for noncontract rezones);
3. If a public hearing is required or
optional, a list of the names and mailing
addresses, as shown on the records of the
county assessor, of the owner of property and
the street addresses of the property which is
within 80 feet of the boundaries of the project
site, or the distance set forth more specifically
in the applicable chapter, such as ECDC
20.18.020 (Group Homes);
4. A site plan, to scale, showing the pro-
posed layout of structures and other site devel-
opment;
(Revised 12/96) 20-94
Edmonds Community Development Code
20.95.030
5. Architectural drawings, to scale, of all
exterior elevations and signs, with exterior sur-
faces and colors specified;
6. A landscape plan, to scale, preferably
combined with the site plan, showing all exist-
ing and proposed vegetation including vegeta-
tion to be removed, as well as fences, walls,
walks and so forth;
7. The applicant shall clearly specify on
the plans, or in a separate written statement,
how the proposed development meets the
requirements of this title;
8. Further information required by the
portion of the community development code
that governs the type of application;
9. Further information required by gen-
eral rules adopted by the community develop-
ment director and information required by the
community development director to properly
review an individual application;
10. Further information required by the
staff, hearing examiner or city council;
11. A release of the city from all dam-
ages arising from any action or inaction of the
city based on false, misleading or incomplete
information furnished by the applicant or other
members of the public;
12. The location by address and legal
description of the site;
13. Permission for city staff to inspect
the site.
C. Date of Filing. The community develop-
ment director shall review all applications and
accept for filing only those which include all
the information required by the city code
directly above. The date of filing shall be the
date the application is accepted for filing.
When an environmental impact statement or a
proposed negative declaration is required, the
date of filing shall be the day on which the
final environmental impact statement or final
negative declaration is available to the public.
D. Initiation. An owner, or authorized
agent, may apply for property owned by the
owner. The city may begin a rezone, street map
change, comprehensive plan change, text
change or permit change, by motion of the city
council or planning advisory board, and a
street vacation by resolution of the city coun-
cil. Any interested parry may apply for a
rezone on any property.
20.95.020 Review by other departments.
The community development director shall
promptly send copies of the application to each
department which has requested copies of the
type of application that has been filed, and to
other departments which may have an interest
in the individual application.
20.95.030 Staff analysis and report.
A. Staff Hearing. If a public hearing is to be
held on an application, the community devel-
opment director shall visit the site and prepare
a staff report, send a copy of the report to the
applicant, and make the report available to the
public at least one week before the hearing.
The report shall contain an analysis of the pro-
posal, including a comparison of the proposal
to the criteria, standards and findings con-
tained in the community development code for
the type of application being reviewed. The
report shall also contain proposed general
findings, finding of fact and conclusions. If the
report recommends approval, it shall also con-
tain recommended conditions of approval. The
community development director shall sum-
marize the comments of other departments,
incorporate them into the staff recommenda-
tion and attach them to the report if the com-
ments are lengthy or complex.
B. Hearing Examiner Hearing. If the hear-
ing examiner will be holding the hearing, one
week before the hearing the community devel-
opment director shall provide a copy of the
staff report to the hearing examiner, along with
other information in the application file.
C. No Hearing. If no hearing is to be held
on the application, the staff may use a sum-
mary form or checklist to review the applica-
tion, with written conclusions as to whether the
proposal meets the standards and criteria of the
community development code. This document
shall be available for public review.
20-95 (Revised 12/96)
20.95.040
20.95.040 Staff decision — No notice
required.
A. Scope. The following permits and
approvals are reviewed under this procedure:
1. Check of building permits for zoning
compliance.
2. Threshold determinations and
approval of a draft environmental impact state-
ment under Chapter 20.15 ECDC.
3. Such other matters as may be specifi-
cally referred by city code.
B. Procedure. The director of community
services or his or her designee shall decide
whether to approve, conditionally approve, or
deny the application, based on the staff report.
The decision shall be in writing, and shall be
appealable to the hearing examiner under
Chapter 20.105 ECDC.
C. Optional Reconsideration. A permit
applicant may request a reconsideration of the
decision issued under this section by either the
original decisionmaker or the planning man-
ager. If the applicant requests reconsideration
by the planning manager and the planning
manager is not available to render a decision
within the time limits required by the ECDC,
the planning manager shall designate a super-
visor of the original staff decisionmaker to rule
on the reconsideration. The request for recon-
sideration shall be filed in writing with the
planning manager within 14 working days
after the date of the decision being appealed.
The requested decisionmaker for the reconsid-
eration shall approve, conditionally approve,
or deny the application. The decision shall be
in writing, and shall be appealable to the hear-
ing examiner under Chapter 20.105 ECDC.
This subsection shall not apply to decisions
identified in ECDC 20.95.040(A)(2). [Ord.
3112 § 23, 1996].
20.95.050 Staff decision — Notice required.
A. Scope. The following permits and
approvals are reviewed under this procedure:
1. Extensions of time for subdivisions,
conditional use permits, and planned residen-
tial developments.
2.
Minor changes to
a preliminary
approval
of a subdivision.
3.
Lot line adjustments.
4.
Home occupations.
5.
Joint use of parking.
6.
Guest houses.
7.
Such other matters
as specifically
referred
by the city code.
8.
Preliminary plats of
short subdivi-
sions.
9.
Changes to recorded
short subdivi-
sions.
10. Conditional use permits for mini
day-care facility.
B. Procedure. The planning manager or
designee shall decide whether to approve, con-
ditionally approve, or deny the application
based upon the staff report.
1. Notice. The director of community
services shall give notice of the decision as
specified in ECDC 20.91.010. The notice shall
contain at least the following:
a. A general description of the pro-
posal and decision.
b. A nonlegal description or map of
the location of the property including the street
address, if there is one.
c. The place where further informa-
tion is available.
d. The date on which the reconsider-
ation or appeal period ends which shall be no
less than 10 days from the date of posting.
e. A statement that the preliminary
decision will become final unless a request for
staff reconsideration is filed with the planning
department on or before the date specified by
the notice and that the planning manager's
decision following such reconsideration will
become final unless a written appeal is filed
with the planning department on or before the
date specified in the notice of such reconsider-
ation decision.
2. Reconsideration. If a written request
for reconsideration or clarification of the staff
decision is filed with the planning department
within 10 working days of the posting of the
notice required by this section, the staff shall
(Revised 12/96) 20-96
Edmonds Community Development Code
20.100.010
reconsider its decision and either affirm, mod-
ify or reverse its initial decision. Notice of the
staff s decision upon reconsideration shall be
posted as is required for the original decision.
If no request for reconsideration is filed within
the time period specified in the notice of the
staff s original decision, the decision of the
planning manager shall become final.
3. Appeal of Reconsideration. Appeal
procedures shall be governed by Chapter
20.105 ECDC. [Ord. 3112 § 24, 1996; Ord.
2923 § 1, 1993].
Chapter 20.100
HEARING EXAMINER, PLANNING
ADVISORY BOARD AND CITY
COUNCIL REVIEW
Sections:
20.100.000
Scope.
20.100.010
Hearing examiner review.
20.100.020
Planning advisory board review.
20.100.030
City council action on
recommendations.
20.100.040
Review of approved permits.
20.100.000 Scope.
This chapter establishes review procedures
for the permit applications identified herein.
[Ord. 3112 § 26, 1996].
20.100.010 Hearing examiner review.
A. Scope — Recommendations. The hearing
examiner shall review and make recommenda-
tions to the city council on the following
approvals under this section:
1. Official street map changes.
2. Upon authorization of the city coun-
cil, hold hearings regarding the final assess-
ment roll of any local improvement district or
utility local improvement district in accor-
dance with the provisions of Chapter 35.44
RCW as the same exists or is hereafter
amended. The provisions of said chapter
regarding notice shall control any conflicting
provision of these ordinances.
3. Planned residential developments.
4. Such other matters as may be referred
by the city code.
B. Scope — Decisions. The hearing exam-
iner shall review and make final decisions,
appealable to the city council, on the following
permits and approvals under this section:
1. Conditional use permits except where
this code provides for staff approval and group
homes.
2. Variances.
3. Shoreline permits.
20-97 (Revised 12/96)
20.100.020
4. Hearings on draft environmental
impact statements.
5. Preliminary plats for formal subdivi-
sions.
6. Review of approved permit, see
ECDC 20.100.040.
7. 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 services 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 services depart-
ment shall give notice as required by that chap-
ter.
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 Edmonds Comprehensive Plan and other
relevant provisions of the ECDC. The exam-
iner shall send a copy of the findings and con-
clusions to the applicant, the community
services department, to any person who
requests a copy, and the city council. The find-
ings and conclusions shall contain any condi-
tions 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 5 work-
ing 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
request for reconsideration, the hearing exam-
iner believes that an error or omission is signif-
icant and may alter his or her decision or
recommendation, 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.
3112 § 27, 1996; Ord. 2616 § 1, 1987].
20.100.020 Planning advisory board
review.
A. Scope. The planning advisory board
shall review, and make recommendations to
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.
(Revised 12/96) 20-98
Edmonds Community Development Code
20.100.040
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].
20.100.030 City council action on
recommendations.
A. Normal Review. The city council shall
consider a recommendation of the hearing
examiner or planning board at its next avail-
able public meeting. The council may adopt or
remand the recommendation at that meeting.
In the case of a local improvement district or
a utility local improvement district hearing
held in accordance with the provisions of
ECDC 20.100.010(A)(2) and RCW 35.44.070,
the council shall review the recommendations
of the hearing examiner and any appeal taken
therefrom. Any person aggrieved by the rec-
ommendation 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 recommendations of the hearing examiner
within 10 working days of the date of mailing
of the hearing examiner's final recommenda-
tions after disposition of a motion for reconsid-
eration, if any such motion is filed. The council
shall base its decision upon the record estab-
lished 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 discretion remand the matter to the
hearing examiner for further proceedings; pro-
vided, however, that in the event of an appeal,
the council shall hear argument of the appel-
lant based on said record. Adoption by ordi-
nance of a final assessment roll shall
commence the appeal period established by
Chapter 35.44 RCW. These provisions shall
control over any conflicting provision and
shall be read in conjunction with the require-
ments of RCW 35.44.190 through 35.44.270.
B. Optional Public Hearing. If the council
wishes to consider any change to a recommen-
dation for an amendment to the comprehensive
plan or a nonsite specific rezone, the council
shall set a public hearing in the manner pro-
vided in Chapter 20.91 ECDC. After the hear-
ing the council shall approve, modify,
conditionally approve, deny or remand the
proposal. In the case of amendment to the zon-
ing ordinance (or map) or comprehensive plan
(or map) in the event of a remand the council
shall specify the time within which the plan-
ning 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 find-
ings and criteria in this code governing the
type of application being reviewed and based
on evidence 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. 3112 § 28, 1996;
Ord. 2552, 1986; Ord. 2485, 1985].
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
includes any city approval under the commu-
nity development code.
B. Initiation of Review. A review under
this section may be initiated by:
1. The community development direc-
tor;
20-99 (Revised 12/96)
20.100.040
2. An approved motion of the city coun-
cil;
3. An application, accompanied by the
application fee set in Chapter 15.00 ECDC, of
three persons living in separate dwellings
located within 300 feet of the site of the
allowed activity stating their belief as to how
the provisions of subsection A of this section
have been met.
C. Review Procedure.
1. The director of community services
shall notify the permittee in writing that the
permit is being reviewed, list the alleged defi-
ciencies, and specify a reasonable time for the
permittee to correct the deficiencies.
2. If the permittee could reasonably cor-
rect the deficiencies, but fails to do so within
the specified time, the director of community
services may refer the matter to the city attor-
ney for criminal or civil enforcement of the
city code, or the conditions of the permit.
3. If the only reasonable ways to correct
the deficiencies are for the permittee to cease
the permitted activity, or for the city to impose
new or changed conditions on the permit, the
director of community services shall refer the
matter to the hearing examiner for review.
4. The hearing examiner shall hold a
public hearing under Chapter 20.91 ECDC to
review the permit or approval, using criteria
required for the original permit, and subsection
A of this section.
5. If the hearing examiner finds that
deficiencies exist, and that they can be reason-
ably corrected by imposing new or changed
conditions on the permit, the permit conditions
may be changed. The hearing examiner's
actions shall be final, unless the original
approval required city council approval. In that
case, the hearing examiner's action shall be a
recommendation to the council to be consid-
ered by the council under ECDC 20.100.030.
6. If the hearing examiner finds that the
only reasonable way to correct the deficiencies
is for the permittee to cease the permitted
activity, the hearing examiner may revoke the
permit. The hearing examiner's action shall be
appealable to the city council under ECDC
20.100.010.
7. If the permit is revoked, the permit
shall be null and void, and all activity allowed
by the permit shall cease. [Ord. 3112 § 29,
1996].
(Revised 12/96) 20-100
Edmonds Community Development Code
20.105.020
Chapter 20.105
APPEALS AND COURT REVIEW
Sections:
20.105.000
Scope.
20.105.010
Appealable decisions.
20.105.020
Appeal — Filing.
20.105.030
Appeal of staff decision.
20.105.040
Appeal of hearing examiner
action.
20.105.050
Procedural irregularity.
20.105.060
Penalties.
20.105.070
Court review.
20.105.000 Scope.
This section provides the basic procedure
for processing appeals. In the event another
chapter in Title 20, except Chapter 20.90
ECDC, sets different specific requirements for
appeal procedures, this chapter shall control.
[Ord. 3112 § 30, 1996].
20.105.010 Appealable decisions.
A. Staff Decisions. Any person may appeal
a decision of staff, on the following matters, to
the hearing examiner in the manner provided
in this chapter.
1. Short subdivisions and lot line adjust-
ments.
2. Home occupations.
3. Interpretations of the text of the
ECDC.
4. SEPA (Chapter 43.21C RCW) deci-
sions in accordance with the provisions of
Chapter 20.15A ECDC as the same exists or is
hereafter amended.
5. Permits or approvals required by
ECDC Title 18 (Public Works Requirements).
6. Appeals of required dedications of
right-of-way and the reconnection charge
established under the provisions of ECC
7.10.065.
7. Sign permits.
8. Critical areas staff decisions in accor-
dance with the provisions of ECDC Chapter
20.1513 as the same exists or is hereafter
amended.
9. Such other matters as may be specifi-
cally referred by the ECDC.
B. Hearing Examiner Decisions. Any per-
son may appeal a final decision of the hearing
examiner identified in ECDC 20.100.010(B)
to the city council in the manner provided in
this chapter. [Ord. 3112 § 31, 1996; Ord. 3074
§ 4, 1996; Ord. 3014 § 4, 1995; Ord. 2867 § 1,
1992; Ord. 2676 § 2, 1988; Ord. 2591 § 1,
1986; Ord. 2374 § 3, 1983; Ord. 2277 § 4,
1982].
20.105.020 Appeal — Filing.
A. Written Appeal. Appeals shall be writ-
ten and shall state the following:
1. The decision being appealed, the
name of the project applicant and the date of
the decision.
2. The name and address of the person
appealing, and his or her interest in the matter.
3. The reasons why the person appealing
believes the decision to be wrong.
4. Persons to be notified under subsec-
tion B below, including correct names and
addresses.
B. Filing the Appeal. The person appealing
shall file the appeal with the director of com-
munity services within 14 calendar days after
the date of the decision being appealed. If an
appeal is properly filed within the time limit,
the appealed decision shall be suspended until
the appeal has been acted on, and no further
development action which was the subject of
the decision may be taken. If no public hearing
has been held earlier, the person appealing
shall also provide a list of property owners as
specified in ECDC 20.95.010 and whom must
be notified by the community services depart-
ment. [Ord. 3112 § 31, 1996; Ord. 2269 § 1,
1982].
20-100.1 (Revised 12/96)
20.105.030
20.105.030 Appeal of staff decision.
A. Who May Appeal. Persons entitled to
appeal are:
1. The applicant; or
2. Anyone who has submitted a written
document to the city of Edmonds concerning
the application prior to issuance of the staff
decision; or
3. Anyone within 300 feet of the prop-
erty which is the subject of the application, or
who can demonstrate an interest in the action.
B. Department Action. The community ser-
vices department shall promptly:
1. Send a copy of the appeal to the
project applicant if the person appealing is not
the applicant.
2. Give notice of the hearing as speci-
fied in Chapter 20.91 ECDC.
3. Send a copy of the notice of hearing to
the person appealing.
4. Provide a copy of the staff report and
decision, minutes of the hearing held on the
decision, a response to the appeal, and other
relevant documents, to the hearing examiner.
The project applicant, person appealing and
other interested parties shall be notified in
writing that the materials are on file and may
be reviewed and/or copied at the expense of
the person wishing the copies.
C. Public Hearing. The hearing examiner
shall hold a public hearing on the appeal in the
manner provided in Chapter 20.91 ECDC. The
hearing examiner shall base the decision on the
appeal on the same criteria and findings as set
forth in this code for the original decision.
D. Appeal of Hearing Examiner Decision.
The decision of the hearing examiner on
appeals of staff decisions on project permit
applications shall be final and shall not be
appealable to the city council. Hearing exam-
iner decisions on appeals of staff decisions that
do not involve project permit applications
shall be appealable to the city council pursuant
to the process specified in ECDC 20.105.040.
[Ord. 3112 § 32, 1996; Ord. 2584 § 1, 1986].
20.105.040 Appeal of hearing examiner
action.
A. Who May Appeal. Persons entitled to
appeal are:
1. The applicant; or
2. Anyone who has submitted a written
document to the city of Edmonds concerning
the application prior to or at the hearing identi-
fied in ECDC 20.100.010; or
3. Anyone testifying on the application
at the hearing identified in ECDC 20.100.010.
B. Department Action. The community ser-
vices department shall promptly:
1. Send a copy of the appeal to the hear-
ing examiner and to the applicant if the person
appealing is not the applicant.
2. Send a copy of the appeal to the city
clerk, along with copies of reports, hearing
minutes and any other relevant material that
the hearing examiner has not already sent to
the council as part of his or her decision.
C. City Clerk Action. After receiving
notice of an appeal of a hearing examiner
action, the city clerk shall promptly:
1. Set the meeting on the appeal on a city
council agenda for a date that is within 30 days
of the date the appeal was filed.
2. Give notice of the meeting as speci-
fied for public hearings in Chapter 20.91
ECDC.
3. Send a notice of the hearing to the
person appealing.
D. City Council Review.
1. The council shall consider the appeal,
including review of the record, in a closed
record appeal. The parties to the appeal may
submit timely written statements or argu-
ments.
2. The council shall review the proposal
using the same criteria and findings set forth in
this code for the original decision.
3. The council shall state its findings
and conclusions regarding the appeal. The
council may take either of the following
actions:
a. Affirm, modify or reverse the
action of the hearing examiner; or
(Revised 12/96) 20-100.2
Edmonds Community Development Code
20.105.070
b. Remand the matter back to the
hearing examiner for further consideration in
accordance with ECDC 20.105.040(E).
The decision of the council shall be final,
shall be put into writing, and shall include any
conditions placed on an approval.
E. Remand. In the event the city council
determines that additional consideration or
clarification from the hearing examiner is nec-
essary, the council may remand the matter
back to the hearing examiner. The council
shall specify the items or issues to be consid-
ered and the time frame for completing the
additional work. [Ord. 3112 § 33, 1996].
20.105.050 Procedural irregularity.
No procedural irregularity or informality in
the notice, consideration, hearing or develop-
ment of any matter contained or regulated in
the community development code, or any of its
elements, shall affect the final decision, or any
other action leading to the final decision,
unless substantial rights of a person with
demonstrable beneficial interests are adversely
affected.
20.105.060 Penalties.
The community development code (ECDC
Titles 15, 16, 17, 18, 19, 20, and 21) is an inte-
gral part of the Edmonds City Code, but for
convenience of users copies are separately
published for sale and distribution to the pub-
lic. Any and all violations of any portion of the
community development code shall be subject
to fine and/or imprisonment as set forth in
Chapter 5.50 ECC. Where civil remedies, such
as assessment of costs and liens, are prescribed
by the community development code, they are
not in lieu of criminal penalties, or alternative
to criminal penalties, but are sanctions that
may be imposed in addition to criminal penal-
ties. [Ord. 2705, 1989].
20.105.070 Court review.
Any final decision or other final action for
which no other administrative appeal is specif-
ically provided in the ECC or ECDC and for
which all other appeals specifically authorized
have been timely exhausted shall be review-
able as provided by state law before the Supe-
rior Court of Snohomish County. Any such
action shall be filed within 21 calendar days
from any final decision or other final action so
to be reviewed. The cost of transcription of all
records ordered certified by the court for such
review shall be borne by the appellant. [Ord.
3112 § 34, 1996].
20-100.3 (Revised 12/96)
This page left intentionally blank.
(Revised 12/96) 20-100.4
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 12/96)
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).
21.15.032
Closed record appeal.
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.
21.15.032 Closed record appeal.
Closed record appeal for purposes of the
ECDC means an administrative appeal on the
record to a decisionmaking body, including the
city council, following an open record hearing
on a project permit application when the
appeal is on the record with no or limited new
(Revised 12/96) 21-6
Edmonds Community Development Code
21.15.040
evidence or information allowed to be submit-
ted and only appeal argument allowed. [Ord.
3112 § 35, 1996].
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
21-6.1 (Revised 12/96)
This page left intentionally blank.
(Revised 12/96) 21-6.2
Edmonds Community Development Code
21.75.030
21.60.060 Multiple dwelling units.
A multiple dwelling unit is a dwelling unit
located in a multiple dwelling or within a
mixed use development such as a multiple
dwelling unit located in a commercial structure
as a secondary use under the authority of
ECDC 16.50.010(B)(3). [Ord. 2958 § 3,1993].
Chapter 21.75
"O" TERMS
Sections:
21.75.010 Office.
21.75.020 Off-street parking.
21.75.030 Open space.
21.75.010 Office.
Office means a building or separately
defined space within a building used for a busi-
ness which does not include on -premises sales
of goods or commodities.
21.75.020 Off-street parking.
Off-street parking means motor vehicle
parking facilities within the lot area of a pri-
vate lot or public lot established for that pur-
pose. (See also, Private Parking and
Commercial Parking Lot.)
21.75.030 Open space.
Open space means any part of a lot unob-
structed from the ground upward.
21-15 (Revised 12/96)
21.80.010
Chapter 21.80
"P" TERMS
Sections:
21.80.010
Permitted use.
21.80.020
Permit coordinator.
21.80.030
Person.
21.80.040
Pedestrian -bike path.
21.80.050
Petroleum products storage and
distributing.
21.80.055
Pier.
21.80.060
Planning advisory board.
21.80.065
Planning official.
21.80.070
Primary use.
21.80.080
Private.
21.80.090
Private parking.
21.80.095
Project permit or project permit
application.
21.80.100
Projecting sign.
21.80.105
Public meeting.
21.80.010 Permitted use.
Permitted use means a use not requiring a
conditional use permit. (See also, Use.)
21.80.020 Permit coordinator.
Permit coordinator means the community
development director or other person desig-
nated by the mayor.
21.80.030 Person.
Person means any person, firm, business,
corporation, partnership, or other association
or organization, marital community, municipal
corporation, special district or governmental
agency, and includes the plural such as per-
sons, firms, etc.
21.80.040 Pedestrian -bike path.
(See Bike -Pedestrian Path.)
21.80.050 Petroleum products storage
and distributing.
Petroleum products storage and distribution
means the receipt of petroleum products, gen-
erally by pipeline or marine vessels and the
storage and loading of petroleum products for
distribution to petroleum bulk plants and to
customers and automotive service stations;
and all related operations, including but not
limited to, the operation and maintenance of
trucks and equipment, the handling of prod-
ucts, merchandise and materials, the provision
of customer services related to the petroleum
distribution business, and the compounding,
blending, packaging and shipping of lube oils
and greases.
21.80.055 Pier.
A pier is a fixed structure which abuts the
shoreline and is used for moorage or other
water -related activities such as swimming and
diving. [Ord. 2605 § 5, 1987].
21.80.060 Planning advisory board.
Planning advisory board means the planning
advisory board of the city of Edmonds, estab-
lished in Chapter 10.40 ECC.
21.80.065 Planning official.
The manager of the planning division or
his/her designee. [Ord. 2925 § 1, 1993].
21.80.070 Primary use.
Primary use means the principal use of a
property. (See also, Use.)
21.80.080 Private.
Private means for the noncommercial use of
the occupant and guests of the occupant.
21.80.090 Private parking.
Private parking means parking facilities for
the noncommercial use of the occupant and
guests of the occupant, including garages and
carports. (See also, Off -Street Parking and
Commercial Parking Lots.)
21.80.095 Project permit or project
permit application.
Project permit or project permit application
for purposes of the ECDC means any land use
or environmental permit or license required by
(Revised 12/96) 21-16
Edmonds Community Development Code
21.80.105
the ECDC for a project action, including but
not limited to building permits, subdivisions,
binding site plans, planned unit developments,
conditional uses, shoreline substantial devel-
opment permits, site plan review, permits or
approvals required by critical areas ordi-
nances, site -specific rezones authorized by a
comprehensive plan or sub -area plan, but
excluding the adoption or amendment of a
comprehensive plan, subarea plan, or develop-
ment regulations except as otherwise specifi-
cally included in this subsection. [Ord. 3112 §
36, 1996].
21.80.100 Projecting sign.
Projecting sign means a sign other than a
wall sign that is attached to and projects from
a building. (See also, Sign.)
21.80.105 Public meeting.
Public meeting for purposes of the ECDC
means an informal meeting, hearing, work-
shop, or other public gathering of people to
obtain comments from the public or other
agencies on a proposed project permit prior to
the decisionmaking body's decision. A public
meeting may include, but is not limited to, an
architectural design board meeting or a scop-
ing meeting on a draft environmental impact
statement. A public meeting does not include
an open record hearing. The proceedings at a
public meeting may be recorded and a report or
recommendation may be included in the city's
project permit file. [Ord. 3112 § 37, 1996].
21-16.1 (Revised 12/96)
This page left intentionally blank.
(Revised 12/96) 21-16.2
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
(Repealed by 3112)
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. 20.15B, critical
areas (20.1513)
3090 05/07/96
Adds §§ 16.20.010(B)(9) and (13)(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 (Repealed by 3112)
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 farmers' markets (16.50, 21.90)
3108 08/20/96
Amends § 15.00.020 and repeals
§15.00.030, fee schedule (15.00)
3112 09/24/96
Amends sections in Title 20 and 21
relating to regulatory reform; repeals Ords.
3078 and 3092 (20.10, 20.12, 20.15A,
20.1513, 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, 21.15, 21.80)
Tables - 3 (Revised 12/96)
Edmonds Community Development Code
Bulkheads
—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
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
Bulkheads
Shorelines master program 15.38.100
Index-1 (Revised 12/96)
City council
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 for applications 15.00.020
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 15.37.000
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 20.1513.170
Appeals See Administration
Applicability, general procedures 20.1513.030
Applications
approvals 20.1513.070
reviews 20.1513.050
Classifications 20.1513.060
Construction of chapter 20.1513.190
Definitions
adjacent 20.1513.020
alteration 20.1513.020
best management practices 20.1513.020
buffer 20.1513.020
city 20.1513.020
class 20.1513.020
clearing 20.1513.020
compensation project 20.1513.020
compensatory mitigation 20.1513.020
creation 20.1513.020
critical areas 20.1513.020
critical habitat 20.1513.020
developable area 20.1513.020
development proposal 20.1513.020
enhancement 20.1513.020
erosion 20.1513.020
erosion hazard areas 20.1513.020
existing and ongoing agriculture 20.1513.020
fish and wildlife habitat conservation areas
20.1513.020
floodplain 20.1513.020
frequently flooded areas 20.1513.020
functions 20.1513.020
geologically hazardous areas 20.1513.020
(Revised 12/96) Index-2
Edmonds Community Development Code
Definitions
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
Closed record appeal 21.15.032
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
Foster home 21.30.060
Fraternity 21.30.070
Freestanding sign 21.30.080
Garage 21.35.010
General 21.00.000
Index-3 (Revised 12/96)
Definitions
Ground floor 21.35.017
Public meeting 21.80.105
Group sign 21.35.020
Rear lot line 21.85.010
Guest house 21.35.030
Rear setback 21.85.020
Guyed tower 21.35.040
Recreational facilities 21.85.030
Halfway house 21.40.005
Related equipment 21.85.035
Hearing examiner 21.40.010
Restaurant 21.85.040
Hedge 21.40.020
Retirement home 21.85.050
Height 21.40.030
Riding academy 21.85.060
Home occupation 21.40.040
Roof 21.85.070
Horse 21.40.050
Rooming house 21.85.080
Hospitals 21.40.055
Satellite television antenna 21.90.008
Hotel 21.40.060
Seasonal farmers' market 21.90.009
Interior lot 21.45.010
Secondary use 21.90.010
Irregular lot 21.45.020
Self service station 21.90.014
Kennel 21.50.010
Service club 21.90.011
Kitchen 21.50.020
Setback 21.90.020
Landslide hazard area and earth subsidence 21.55.060
Shall 21.00.000
Lattice tower 21.55.005
Short subdivision 21.90.030
Lot 21.55.010
Side lot line 21.90.040
Lot area 21.55.020
Side setback 21.90.050
Lot, corner 21.15.100
Sidewalk or trail 21.90.060
Lot depth 21.55.030
Sign 21.90.070
Lot line 21.55.040
Single-family dwelling unit 21.90.080
Lot width 21.55.050
Site 21.90.090
Macro facility 21.60.002
Small animal hospital 21.90.095
May 21.00.000
Sorority 21.90.100
Micro facility 21.60.004
Specific anatomical areas 21.90.101
Mini facility 21.60.006
Specific sexual activities 21.90.102
Mobile home 21.60.010
Story 21.90.110
Mobile home park 21.60.020
Street 21.90.120
Monopole 121.60.045
Street lot line 21.90.130
Monopole 1121.60.046
Street setback 21.90.140
Moorage 21.60.030
Structural alterations 21.90.160
Motel 21.60.040
Structure 21.90.150
Multiple dwelling 21.60.050
Subdivision 21.90.170
Multiple dwelling units 21.60.060
Tavern21.100.010
Off-street parking 21.75.020
Temporary building or structure 21.100.020
Office 21.75.010
Through lot 21.100.030
Omni -directional antenna 21.05.035
Townhouse 21.100.040
Open space 21.75.030
Trailer 21.100.060
Parabolic antenna 21.05.035
Trailer park 21.100.070
Pedestrian -bike path 21.80.040
Trails 21.100.050
Permit coordinator 21.80.020
Transmission tower 21.100.080
Permitted use 21.80.010
Undisturbed soil 21.105.010
Person 21.80.030
Usable satellite signal 21.105.115
Petroleum products storage and distributing 21.80.050
Use 21.105.020
Pier 21.80.055
Used 21.00.000
Planning advisory board 21.80.060
Used car lot (or sales) 21.105.030
Planning official 21.80.065
Vacation 21.110.010
Primary use 21.80.070
Wall sign 21.115.010
Private 21.80.080
Window sign 21.115.020
Private parking 21.80.090
Projecting sign 21.80.100
Project permit, project permit application 21.80.095
(Revised 12/96) Index-4
Edmonds Community Development Code
Public works
—P—
Parking
See also Zoning
Joint use
agreement with city 20.30.040
application 20.30.010
criteria, regulations 20.30.030
fees, loss of rights 20.30.050
purpose 20.30.000
review 20.30.020
Parks See Zoning
Permits
See also Appeal procedures; Conditional use
permits; Development permit applications;
Shoreline permits under Zoning
Architectural design review 20.10.020
Building code 19.00.010
Comprehensive plan 15.00.030
Dwelling units, accessory 20.21.005
Fences, hedges 17.30.000
Fire code 19.75.060
Flood plain management 19.97.040
Grading and retaining walls 18.40.000
Home day care 20.19.010
Home occupations 20.20.030
Land clearing and tree cutting code
performance standards 18.45.050
required 18.45.020
Moving buildings 19.35.000
Parking lot construction 18.95.000
Review
applicability, scope 20.100.000
city council 20.100.030
hearing examiner 20.100.010
planning advisory board 20.100.020
procedure 20.100.040
Right-of-way construction 18.60.000
Sewers 18.10.010
Signs 20.60.010
Staff review of
analysis, report 20.95.030
applicability, scope 20.95.000
application 20.95.010
decision
notice not required 20.95.040
notice required 20.95.050
departmental reviews 20.95.020
permit approval hearings
Street trees 18.85.020
Street use 18.70.000
Subdivisions 20.75.180
Picnic shelters
Shorelines master program 15.38.070
Planetariums See Zoning
Planned residential development (PRD)
See also Development permit applications
Application
hearing, review 20.35.020
requirements 20.35.030
Approval
changes to 20.35.110
revocation 20.35.120
Bonds, deeds 20.35.100
Criteria 20.35.050
Design criteria 20.35.060
Group home, defined 20.35.015
Plan
denial 20.35.070
final approval 20.35.080
review 20.35.040
Purpose 20.35.000
Subdivision 20.35.090
Zones permitted 20.35.010
Planning advisory board
Permit review 20.100.020
Playgrounds, playfields See Zoning
Plumbing code
Adopted 19.30.000
Amendments
Section 1007 19.30.020
Section 201 19.30.010
Board of appeals 19.30.010
Pressure regulators 19.30.020
Port and waterfront
Shorelines master program 15.38.090
Preschools See Zoning
Public works
Application
fees 18.00.010
review 18.00.020
Grading and retaining walls
erection without permit prohibited 18.40.020
permit 18.40.000
plans required 18.40.010
Inspection, notification 18.00.030
Land clearing and tree cutting code
administration, authority 18.45.010
application requirements 18.45.045
bonds 18.45.065
clearing permits
appeal procedure 18.45.060
notice 18.45.055
performance standards 18.45.050
definitions
caliper 18.45.040
clearing 18.45.040
clearing permit 18.45.040
Index-7 (Revised 12/96)
Public works
creek 18.45.040
developed lot 18.45.040
drip line 18.45.040
ground cover 18.45.040
grubbing 18.45.040
lakes 18.45.040
land development permit 18.45.040
mechanical permit 18.45.040
native growth protection easement 18.45.040
partially developed lot 18.45.040
person 18.45.040
removal 18.45.040
routine landscape maintenance 18.45.040
tree 18.45.040
undeveloped lot 18.45.040
wetlands 18.45.040
exemptions 18.45.030
liability, damages, restoration 18.45.075
permits 18.45.020
purpose 18.45.000
violation, penalty 18.45.070
Parking lot construction
application 18.95.010
dimension, grade requirements 18.95.020
permits 18.95.000
tandem parking prohibited 18.95.030
Regulations 18.00.040
Right-of-way construction permits
required, application, fees 18.60.000
restoration, repaving 18.60.010
Scope 18.00.000
Septic tanks
definitions
sanitary drainage system 18.20.010
sewage 18.20.010
sewage disposal system 18.20.010
license, registration 18.20.020
location 18.20.060
maintenance 18.20.080
permits, fees 18.20.040
required when 18.20.050
rules, regulations 18.20.000
standards 18.20.070
Sewers
connections
permits required 18.10.010
unlawful 18.10.030
drain pipe, defective 18.10.040
latecomer agreements 18.10.000
prohibited acts 18.10.020
swimming pools, draining of, permits, fees
18.10.050
Sidewalks
designated 18.90.020
maintenance required 18.90.040
plan adopted 18.90.010
purpose 18.90.000
standards 18.90.030
Storm water management
applicability 18.30.030
best management practices (BMPs) 18.30.020
definitions
approval 18.30.010
basin plan 18.30.010
best management practice (BMP) 18.30.010
buffer 18.30.010
civil engineer 18.30.010
civil engineering 18.30.010
clearing 18.30.010
critical areas 18.30.010
design storm 18.30.010
detention 18.30.010
detention facility 18.30.010
director 18.30.010
earth material 18.30.010
ecology 18.30.010
erosion 18.30.010
erosion and sediment control plan 18.30.010
excavation 18.30.010
fill 18.30.010
grade 18.30.010
groundwater 18.30.010
hydroperiod 18.30.010
illicit discharge 18.30.010
impervious surface 18.30.010
land disturbing activity 18.30.010
manual or storm water management manual
18.30.010
mitigation 18.30.010
natural drainage course 18.30.010
new development 18.30.010
one hundred -year, 24-hour storm 18.30.010
person 18.30.010
pollution 18.30.010
predeveloped site condition 18.30.010
redevelopment 18.30.010
site 18.30.010
six-month, 24-hour storm 18.30.010
slope 18.30.010
soil 18.30.010
source control BMP 18.30.010
storm water 18.30.010
storm water drainage system 18.30.010
storm water facility 18.30.010
storm water quality control (SQC) 18.30.010
storm water site plan 18.30.010
ten-year, 24-hour storm 18.30.010
treatment 18.30.010
two-year, 24-hour storm 18.30.010
(Revised 12/96) Index-8