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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 1,2 ............................................................................. - 3, 4........................................................................ 12/96 Title 15 1................................................................................. - 3, 4/6..................................................................... 12/96 7,8 ............................................................................. - 9, 10........................................................................... - 11, 12......................................................................... - 13, 14......................................................................... 15,16 ......................................................................... 17,18 ......................................................................... 19,20 ......................................................................... 21,22 ......................................................................... 23,24 ......................................................................... 25,26 ......................................................................... Title 16 1................................................................................. 3,4 ............................................................................. 5,6 .......................................................................... 8/96 7,8 ............................................................................. - 9, 10........................................................................ 8/96 10.1, 10.2................................................................ 8/96 11,12 ......................................................................... - 13,14 ...................................................................... 8/96 15,16 ...................................................................... 8/96 17,18 ......................................................................... - 19, 20......................................................................... - 21............................................................................... - Title 17 1................................................................................. 3,4 ............................................................................. 5,6 ............................................................................. 7,8 ............................................................................. 9,10 ........................................................................... 11,12 ......................................................................... 13,14 ......................................................................... Revised Date 15,16 ......................................................................... 17,18 ......................................................................... 19,20 ......................................................................... 21,22 ......................................................................... 23,24 ......................................................................... 25,26 ......................................................................... 27,28 ......................................................................... 29,30 ......................................................................... Title 18 1................................................................................. - 3,4 ............................................................................. 5,6 ............................................................................. 7,8 ............................................................................. 9,10 ........................................................................... 11,12 ......................................................................... 13,14 ......................................................................... 15,16 ......................................................................... 17,18 ......................................................................... 19,20 ......................................................................... 21,22 ......................................................................... 23,24 ......................................................................... 25,26 ......................................................................... 27,28 ......................................................................... 29,30 ......................................................................... 31,32 ......................................................................... 33,34 ......................................................................... 35,36 ......................................................................... 37,38 ......................................................................... 39,40 ......................................................................... 41,42 ......................................................................... 43,44 ......................................................................... Title 19 1................................................................................. 3,4 .......................................................................... 8/96 5,6 ............................................................................. - 7, 8.......................................................................... 8/96 9,10 ........................................................................ 8/96 11,12 ......................................................................... - 13, 14......................................................................... - Revisions-1 (Revised 12/96) Table of Revised Pages Page Revised Date 15,16 ......................................................................... - 17, 18......................................................................... - 19, 20......................................................................... - 21, 22......................................................................... - 23, 24......................................................................... - 25, 26......................................................................... - 27, 28......................................................................... - 29, 30......................................................................... - 31, 32......................................................................... - 33, 34......................................................................... - 35, 36......................................................................... - 37, 38......................................................................... - 39, 40......................................................................... - 41, 42......................................................................... - 43, 44......................................................................... - Title 20 1........................................................................... 12/96 3,4 ............................................................................. - 5, 6....................................................................... 12/96 7,8 ....................................................................... 12/96 9,10 ..................................................................... 12/96 11,12 ......................................................................... - 13, 14......................................................................... - 15, 16......................................................................... 17,18 ......................................................................... - 19, 20................................................................... 12/96 21,22 ................................................................... 12/96 23,24 ..................................................................... 8/96 25,26 ..................................................................... 8/96 27,28 ..................................................................... 8/96 29,30 ..................................................................... 8/96 31,32 ..................................................................... 8/96 33,34 ..................................................................... 8/96 35,36 ..................................................................... 8/96 37,38 ..................................................................... 8/96 39,40 ..................................................................... 8/96 41,42 ..................................................................... 8/96 43, 44/46.............................................................. 12/96 47,48 ................................................................... 12/96 49,50 ..........................................................................- 51, 52......................................................................... - 53, 54......................................................................... - 55, 56......................................................................... - 57, 58................................................................... 12/96 59,60 ................................................................... 12/96 61,62 ................................................................... 12/96 63,64 ................................................................... 12/96 64.1, 64.2............................................................... 8/96 64.3, 64.4.............................................................. 12/96 65,66 ................................................................... 12/96 67,68 ................................................................... 12/96 Plate 5 (2 color maps) ........................................... 12/96 69,70 .................................................................... 12/96 71,72 ................................................................... 12/96 Page Revised Date 72.1, 72.2...............................................................12/96 72.3, 72.4...............................................................12/96 72.5, 72.6...............................................................12/96 73,74 ......................................................................... - 75, 76......................................................................... - 77, 78.................................................................... 12/96 79,80 .................................................................... 12/96 81,82 ......................................................................... - 83, 84......................................................................... - 85, 86.................................................................... 12/96 87,88 .................................................................... 12/96 89,90 .................................................................... 12/96 91,92 .................................................................... 12/96 93,94 .................................................................... 12/96 95,96 .................................................................... 12/96 97,98 .................................................................... 12/96 99,100 .................................................................. 12/96 100.1, 100.2...........................................................12/96 100.3, 100.4...........................................................12/96 101,102 ..................................................................... - 103, 104..................................................................... - 105, 106..................................................................... - Title 21 1.............................................................................. 8/96 3,4 .......................................................................... 8/96 5,6 ........................................................................ 12/96 6.1, 6.2...................................................................12/96 7,8 .......................................................................... 8/96 9,10 ........................................................................ 8/96 10.1, 10.2 ................................................................ 8/96 11,12 ......................................................................... - 13, 14...................................................................... 8/96 14.1, 14.2 ................................................................ 8/96 15,16 .................................................................... 12/96 16.1, 16.2 ...............................................................12/96 17,18 ...................................................................... 8/96 19,20 ...................................................................... 8/96 21,22 ...................................................................... 8/96 23............................................................................ 8/96 Ordinance Tables 1,2 .......................................................................... 8/96 3............................................................................ 12/96 Index 1,2 ........................................................................ 12/96 3,4 ........................................................................ 12/96 4.1, 4.2.................................................................... 8/96 5,6 ............................................................................. - 7, 8........................................................................ 12/96 9,10 ........................................................................... - 11, 12...................................................................... 8/96 13,14 ...................................................................... 8/96 15,16 ...................................................................... 8/96 17............................................................................ 8/96 (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