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Edmonds City Code Supplement 67SUPPLEMENT DIRECTIONS EDMONDS COMMUNITY Updated by: DEVELOPMENT CODE Dated: Supplement No. 67 — May 2018 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 3893 and 4082 through 4112, passed May 15, 2018. Reference the disclaimer on the following webpage to determine whether the online code is more current than the print version: http://www.codepublishing.com/WA/edmonds/ Remove these pages Insert these pages Table of Contents 1-2 ................................................................ 1-2 Table of Revised Pages Title 18 Title 19 Title 20 Title 21 1 — 5................................................................ 1 — 5 29 — 30........................................................ 29 30 34.3 — 34.4............................................ 34.3 — 34.4 41 — 42.2.................................................. 41 — 42.2 33 — 40..................................................... 33 40.2 12.4o — 12.4p.................................... 12.4o — 12.4p 12.5 — 12.8............................................ 12.5 — 12.8 62.1 — 62.2............................................ 62.1 — 62.2 13 — 14.2.................................................. 13 — 14.2 (Revised 5/18) Remove these pages Insert these pages Title 22 1920........................................................ 19-20 23 24........................................................ 23 — 24 Title 23 55 60..................................................... 55 —60.2 Ordinance Table 9............................................................................ 9 Interim and Moratorium Ordinance Table 1............................................................................ 1 Index 2.1 6............................................................. 3-6 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 5/18) TABLE OF CONTENTS Preface Table of Revised Pages Title 15 Land Use Plans and Policies 15.00 Preface and Fees.......................................................................................3 15.05 Comprehensive Plan - Adoption..............................................................7 15.10 - 15.30 Repealed....................................................................................................8 15.35 - 15.39 Repealed....................................................................................................9 15.40 Comprehensive Street Plan.......................................................................9 15.45 Repealed..................................................................................................10 15.50 Comprehensive Sidewalk Plan...............................................................10 Title 16 Zone Districts 16.00 Zone Districts - Preface and Purpose.......................................................3 16.10 Residential Zones - Purposes...................................................................4 16.20 RS - Single -Family Residential................................................................4 16.30 RM - Multiple Residential.....................................................................11 16.40 Business and Commercial Zones - Purposes.........................................13 16.43 BD - Downtown Business......................................................................14 16.45 BN - Neighborhood Business..............................................................16.7 16.50 BC - Community Business..................................................................16.9 16.53 BP - Planned Business......................................................................16.13 16.55 CW - Commercial Waterfront...........................................................16.16 16.60 CG - General Commercial Zone............................................................17 16.62 MU - Medical Use Zone........................................................................19 16.65 OS - Open Space....................................................................................21 16.70 MR - Marine Resource...........................................................................22 16.75 MP - Master Plan Hillside Mixed -Use Zone.......................................22.1 16.77 OR - Office-Residential......................................................................22.5 16.80 P - Public Use.........................................................................................23 16.100 Firdale Village Mixed -Use Zoning Criteria............................................25 16.110 WMU - Westgate Mixed -Use Zone District..........................................33 Title 17 General Zone Regulations 17.00 Administration..........................................................................................3 17.05 Reasonable Accommodations Process......................................................5 17.10 Bonds........................................................................................................7 17.20 Temporary Homeless Encampment..........................................................8 17.30 Fences....................................................................................................8.5 17.35 Animals.....................................................................................................9 Contents-1 (Revised 5/18) 17.40 Nonconforming Uses, Buildings, Signs and Lots...................................10 17.50 Off -Street Parking Regulations............................................................10.6 17.60 Property Performance Standards............................................................16 17.65 Limited Outdoor Display of Merchandise............................................18a 17.70 Temporary Uses....................................................................................18b 17.75 Outdoor Dining.....................................................................................18d 17.80 Planter Area Maintenance....................................................................18.1 17.90 Recycling Collection Facilities............................................................18.2 17.95 Commute Trip Reduction.......................................................................20 17.100 Community Facilities..............................................................................31 17.105 Emergency Temporary Indoor Shelter...................................................36 17.110 Recreational Marijuana...........................................................................38 Title 18 Public Works Requirements 18.00 General Requirements...............................................................................3 18.05 Utility Wires.............................................................................................5 18.10 Sewers....................................................................................................... 8 18.20 Septic Tanks............................................................................................10 18.30 Stormwater Management........................................................................11 18.40 Grading and Retaining Walls...............................................................24.1 18.45 Land Clearing and Tree Cutting Code.................................................24.3 18.50 Official Street Map.................................................................................31 18.60 Right -of -Way Construction Permits....................................................32.1 18.70 Street Use and Encroachment Permits.................................................32.2 18.80 Streets and Driveways.........................................................................34.2 18.82 Repealed...............................................................................................36.1 18.85 Street Trees.............................................................................................37 18.90 Sidewalks................................................................................................39 18.95 Parking Lot Construction........................................................................41 Title 19 Building Codes 19.00 Building Code...........................................................................................3 19.05 Residential Building Code..................................................................... 15 19.10 Building Permits - Earth Subsidence and Landslide Hazard Areas ...... 17 19.15 Mechanical Code and Fuel Gas Code .................................................... 32 19.20 Plumbing Code...................................................................................... 33 19.25 Fire Code................................................................................................ 34 19.30 Energy Code....................................................................................... 40.2 19.35 International Swimming Pool and Spa Code ......................................... 41 19.40 International Property Maintenance Code ............................................. 41 19.45 International Code Council Performance Code ..................................... 42 19.50 International Existing Building Code .................................................... 43 19.55 Electrical Code....................................................................................... 44 (Revised 5/18) Contents-2 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 4112, passed May 15, 2018. Page Revised Date Preface................................................................... 1 /08 Table of Contents 1,2 ......................................................................... 5/18 3,4 ....................................................................... 11/17 5........................................................................... 11/17 Title 15 1........................................................................... 11/00 3, 4/6.................................................................... 12/96 7,8 ....................................................................... 10115 9,10 ..................................................................... 11/00 Title 16 1........................................................................... 11/17 3,4 ......................................................................... 3/15 5,6 ......................................................................... 3/15 7,8 ......................................................................... 8/11 9,10 ....................................................................... 7/09 11,12 ..................................................................... 3/15 13,14 ..................................................................... 2/14 15,16 ..................................................................... 2/14 16a, 16b................................................................. 2/14 16c, 16d................................................................. 2/14 16.1, 16.2............................................................... 7/13 16.3, 16.4............................................................... 7/13 16.5, 16.6............................................................. 10/13 16.7, 16.8............................................................. 10/13 16.9, 16.10............................................................. 2/14 16.11, 16.12........................................................... 2/14 16.13, 16.14........................................................... 2/14 16.15, 16.16........................................................... 7/13 17,18 ................................................................... 11/17 18.1, 18.2............................................................. 11/17 18.3, 18.4............................................................. 11/17 18.5, 18.6............................................................. 11/17 18.7, 18.8............................................................. 11/17 18.9, 18.10........................................................... 11/17 19,20 ..................................................................... 8/03 21,22 ..................................................................... 1/97 22.1, 22.2............................................................... 8/02 22.3, 22.4............................................................... 7/09 Page Revised Date 22.5, 22.6............................................................... 3/07 23,24 ................................................................... 11/08 25,26 ..................................................................... 1/10 27,28 ..................................................................... 1/10 29,30 ..................................................................... 1/10 31,32 ..................................................................... 1/10 33,34 ..................................................................... 5115 35,36 ..................................................................... 5115 Title 17 1............................................................................. 4/17 3,4 ............................................................................ - 5, 6......................................................................... 3/06 7,8 ......................................................................... 1/11 8.1, 8.2................................................................... 1/11 8.3, 8.4................................................................... 1/11 8.5, 8.6................................................................... 1/11 9,10 ....................................................................... 3/15 10.1, 10.2............................................................... 3/15 10.3, 10.4............................................................... 6/14 10.4a, 10.4b........................................................... 6/14 10.5, 10.6............................................................... 1/10 1,12 ................................................................... 11/08 3,14 ..................................................................... 7/09 15,16 ..................................................................... 2/16 17,18 ..................................................................... 2/16 18a, 18b................................................................. 1/11 18c, 18d................................................................. 7/12 18e, 18f.................................................................. 7/12 18.1, 18.2............................................................... 8/00 19,20 ..................................................................... 4/17 21,22 ..................................................................... 4/17 23,24 ..................................................................... 4/17 25,26 ..................................................................... 4/17 27,28 ..................................................................... 4/17 29,30 ..................................................................... 4/17 31,32 ..................................................................... 1/11 33, 34..................................................................... 5101 35, 36..................................................................... 1/11 37,38 ..................................................................... 6/14 39........................................................................... 6/14 Revisions-1 (Revised 5/18) Table of Revised Pages Page Revised Date Title 18 1............................................................................ 4/17 3,4 ........................................................................ 5/18 4.1, 4.2................................................................. 11/17 4.2a, 4.2b.............................................................. 11/17 4.3, 4.4.................................................................. 1/12 5,6 ......................................................................... 8/11 7,8 ......................................................................... 8/11 8.1, 8.2.................................................................. 5110 9,10 .......................................................................... - 11, 12.................................................................... 4/17 13,14 .................................................................... 4/17 15,16 .................................................................... 4/17 17,18 .................................................................... 4/17 19,20 .................................................................... 4/17 21,22 .................................................................... 4/17 23,24 .................................................................... 4/17 24a, 24b................................................................. 4/17 24c, 24d................................................................. 4/17 24e, 24f................................................................. 4/17 24g, 24h................................................................ 4/17 24i, 24j.................................................................. 4/17 24.1, 24.2.............................................................. 5110 24.3, 24.4.............................................................. 5110 25,26 .................................................................... 7/07 27,28 .................................................................... 7/09 29,30 .................................................................... 5/18 30.1, 30.2............................................................... 1/11 31,32 .................................................................... 7/09 32.1, 32.2.............................................................. 5110 32.3, 32.4.............................................................. 5110 33,34 .................................................................... 5110 34.1, 34.2............................................................... 8/11 34.3, 34.4.............................................................. 5/18 35,36 .................................................................... 5110 36.1, 36.2............................................................. 11/16 37,38 .................................................................... 5110 39,40 .................................................................... 5110 41,42 .................................................................... 5/18 42.1, 42.2.............................................................. 5/18 43,44 .................................................................... 6/06 Title 19 1............................................................................ 5/18 3,4 ........................................................................ 5/18 5,6 ........................................................................ 5/18 7,8 ........................................................................ 5/18 9,10 ...................................................................... 5/18 11,12 .................................................................... 5/18 12.1, 12.2.............................................................. 5/18 13,14 ................................................................... 11/16 15,16 ................................................................... 11/16 17,18 ................................................................... 11/16 19,20 ................................................................... 11/16 Page Revised Date 21,22 ................................................................... 11/16 23,24 ................................................................... 11/16 25,26 ................................................................... 11/16 27,28 ................................................................... 11/16 29,30 ................................................................... 11/16 31,32 ................................................................... 11/16 33,34 ..................................................................... 5/18 35,36 ..................................................................... 5/18 37,38 ..................................................................... 5/18 39,40 ..................................................................... 5/18 40.1, 40.2............................................................... 5/18 41,42 ................................................................... 11/16 43,44 ................................................................... 11/16 45,46 ................................................................... 11/16 47,48 ................................................................... 11/16 49,50 ................................................................... 11/16 51,52 ................................................................... 11/16 53,54 ................................................................... 11/16 55,56 ................................................................... 11/16 57,58 ................................................................... 11/16 Title 20 1,2 ....................................................................... 11/17 3,4 ......................................................................... 1/11 5,6 ......................................................................... 6/16 7,8 ....................................................................... 11/17 8.1, 8.2................................................................... 6/16 9,10 ..................................................................... 10115 10.1, 10.2............................................................. 10115 11,12 ..................................................................... 4/17 12a, 12b................................................................. 6/16 12.1, 12.2............................................................... 1/11 12.3, 12.4............................................................... 1/11 12.4a, 12.4b........................................................... 1/11 12.4c, 12.4d........................................................... 1/11 12.4e, 12.4f............................................................ 1/11 12.4g, 12.4h........................................................... 5115 12.4i, 12.4j............................................................. 1/11 12.4k, 12.41............................................................ 5115 12.41(1), 12.41(2)................................................... 1/11 12.4m, 12.4n.......................................................... 7/09 12.4o, 12.4p........................................................... 5/18 12.4q, 12.4r............................................................ 1/11 12.4s, 12.4t............................................................ 1/11 12.4u, 12.4v........................................................... 7/09 12.5, 12.6............................................................... 5/18 12.7, 12.8............................................................... 5/18 13,14 ..................................................................... 1/11 15, 16..................................................................... 1/11 17, 18..................................................................... 1/11 19,20 ..................................................................... 1/11 21,22 ..................................................................... 1/11 23, 24/42................................................................ 1/11 43,44 ..................................................................... 3/06 (Revised 5/18) Revisions-2 Edmonds Community Development Code Table of Revised Pages Page Revised Date 45,46 ..................................................................... 3/06 47,48 ..................................................................... 7/09 49,50 ..................................................................... 1/11 51,52 ..................................................................... 7/12 52.1, 52.2............................................................... 7/12 53,54 ..................................................................... 2/13 54.1, 54.2............................................................... 2/13 55,56 ..................................................................... 7/09 57,58 ................................................................... 12/03 59,60 ..................................................................... 5/18 60.1, 60.2............................................................... 1/11 61,62 ................................................................... 12/03 62.1, 62.2............................................................... 5/18 62.3, 62.4............................................................. 12/03 62.5, 62.6............................................................... 1/11 62.7, 62.8............................................................... 9/06 62.9, 62.10............................................................. 9/06 62.1Oa, 62.1Ob....................................................... 9/06 62.11, 62.12........................................................... 5/02 63,64 ..................................................................... 6/14 65,66 ..................................................................... 6/14 67,68 ..................................................................... 6/14 68.1, 68.2............................................................... 6/14 68.3, 68.4............................................................... 6/14 68.5, 68.6............................................................... 6/14 68.7, 68.8............................................................... 6/14 68.9, 68.10............................................................. 6/14 69,70 ................................................................... 11/17 71,72 ..................................................................... 4/17 72.1, 72.2............................................................... 4/17 72.3, 72.4............................................................... 4/17 72.5, 72.6............................................................... 4/17 72.7, 72.8............................................................... 4/17 72.9, 72.10........................................................... 11/17 72.11, 72.12......................................................... 11/17 72.13, 72.14........................................................... 4/17 72.15, 72.16........................................................... 4/17 73,74 ..................................................................... 7/13 75,76 ................................................................... 11/17 77,78 ..................................................................... 5/18 78.1, 78.2............................................................... 5/18 79,80 ................................................................... 11/17 81,82 ................................................................... 11/17 83,84 ................................................................... 11/17 85,86 ................................................................... 11/17 86a, 86b............................................................... 11/17 86c, 86d............................................................... 11/17 86.1, 86.2............................................................... 3/15 87,88 ..................................................................... 1/11 89,90 ..................................................................... 1/11 91, 92/100.............................................................. 7/09 101,102 ................................................................. 1/11 103......................................................................... 1/11 Page Revised Date Title 21 1............................................................................. 3/15 3,4 ......................................................................... 6/14 5,6 ......................................................................... 2/13 7,8 ......................................................................... 2/16 8.1, 8.2................................................................... 8/03 9,10 ..................................................................... 11/17 10.1, 10.2............................................................. 11/17 11,12 ..................................................................... 8/11 12.1, 12.2............................................................... 6/16 13,14 ..................................................................... 5/18 14.1, 14.2............................................................... 5/18 15,16 ..................................................................... 8/11 17,18 ................................................................... 10/13 19,20 ................................................................... 10/13 20.1, 20.2............................................................... 7/13 20.3, 20.4............................................................... 2/09 21,22 ................................................................... 11/17 23,24 ..................................................................... 8/11 Title 22 1............................................................................. 5115 3,4 ......................................................................... 7/13 5,6 ......................................................................... 7/13 7,8 ......................................................................... 7/13 8.1, 8.2................................................................... 7/13 9,10 ....................................................................... 1/10 11,12 ..................................................................... 1/10 13,14 ..................................................................... 1/10 15, 16..................................................................... 1/10 17, 18..................................................................... 1/10 19,20 ..................................................................... 5/18 21,22 ..................................................................... 1/10 23,24 ..................................................................... 5/18 25,26 ..................................................................... 5115 27,28 ..................................................................... 5115 29,30 ..................................................................... 5115 31,32 ..................................................................... 5115 33,34 ..................................................................... 5115 35,36 ..................................................................... 5115 37,38 ..................................................................... 5115 39,40 ..................................................................... 5115 41,42 ..................................................................... 5115 43,44 ..................................................................... 5115 45,46 ..................................................................... 5115 47,48 ..................................................................... 5115 49,50 ..................................................................... 5115 51,52 ..................................................................... 5115 53,54 ..................................................................... 5115 55........................................................................... 5115 Title 23 1........................................................................... 11/17 3, 4/40.................................................................. 11/17 41,42 ..................................................................... 6/16 Revisions-3 (Revised 5/18) Table of Revised Pages Page Revised Date Page Revised Date 43,44 .................................................................... 6/16 45,46 .................................................................... 6/16 47,48 .................................................................... 6/16 49,50 .................................................................... 6/16 51,52 .................................................................... 6/16 53,54 .................................................................... 6/16 55,56 .................................................................... 5/18 57,58 .................................................................... 5/18 59,60 .................................................................... 5/18 60.1, 60.2.............................................................. 5/18 61,62 .................................................................... 6/16 63,64 .................................................................... 6/16 65,66 .................................................................... 6/16 67,68 .................................................................... 6/16 69,70 .................................................................... 6/16 71,72 .................................................................... 6/16 73,74 .................................................................... 6/16 75,76 .................................................................... 6/16 77,78 .................................................................... 6/16 79,80 .................................................................... 6/16 81,82 .................................................................... 6/16 83,84 .................................................................... 6/16 85, 86.................................................................... 6/16 87, 88.................................................................... 6/16 89,90 .................................................................... 6/16 91,92 .................................................................... 6/16 93,94 .................................................................... 6/16 95,96 .................................................................... 6/16 97,98 .................................................................... 6/16 99, 100.................................................................. 6/16 101, 102................................................................ 6/16 103, 104................................................................ 6/16 105, 106................................................................ 6/16 Title 24 1........................................................................... 11/17 3,4 ....................................................................... 11/17 5,6 ....................................................................... 11/17 7,8 ....................................................................... 11/17 9, 10..................................................................... 11/17 11, 12................................................................... 11/17 13, 14................................................................... 11/17 15, 16................................................................... 11/17 17, 18................................................................... 11/17 19,20 ................................................................... 11/17 21,22 ................................................................... 11/17 23,24 ................................................................... 11/17 25,26 ................................................................... 11/17 27,28 ................................................................... 11/17 29,30 ................................................................... 11/17 31,32 ................................................................... 11/17 33,34 ................................................................... 11/17 35, 36................................................................... 11/17 37, 38................................................................... 11/17 39,40 ................................................................... 11/17 41,42 ................................................................... 11/17 43,44 ................................................................... 11/17 45,46 ................................................................... 11/17 47,48 ................................................................... 11/17 49,50 ................................................................... 11/17 51,52 ................................................................... 11/17 53,54 ................................................................... 11/17 55, 56................................................................... 11/17 57, 58................................................................... 11/17 59,60 ................................................................... 11/17 61,62 ................................................................... 11/17 63,64 ................................................................... 11/17 65,66 ................................................................... 11/17 67,68 ................................................................... 11/17 69,70 ................................................................... 11/17 71,72 ................................................................... 11/17 73,74 ................................................................... 11/17 75,76 ................................................................... 11/17 77,78 ................................................................... 11/17 79, 80................................................................... 11/17 81,82 ................................................................... 11/17 83, 84................................................................... 11/17 85, 86................................................................... 11/17 87, 88................................................................... 11/17 89,90 ................................................................... 11/17 91,92 ................................................................... 11/17 93,94 ................................................................... 11/17 95,96 ................................................................... 11/17 97,98 ................................................................... 11/17 99, 100................................................................. 11/17 101, 102............................................................... 11/17 103, 104............................................................... 11/17 105, 106............................................................... 11/17 107, 108............................................................... 11/17 109....................................................................... 11/17 Ordinance Table 1,2 ....................................................................... 11/17 3,4 ....................................................................... 11/17 4.1, 4.2................................................................. 11/17 5,6 ....................................................................... 11/16 7,8 ....................................................................... 11/17 9............................................................................. 5/18 Interim and Moratorium Ordinance Table ........................................................................... 5/18 Index 1,2 ......................................................................... 2/16 3,4 ......................................................................... 5/18 5,6 ......................................................................... 5/18 6.1, 6.2................................................................... 6/16 7,8 ....................................................................... 11 / 16 9, 10....................................................................... 4/17 (Revised 5/18) Revisions-4 Edmonds Community Development Code Page Revised Date 11,12 ..................................................................... 4/17 13,14 ................................................................... 11/17 15,16 ................................................................... 11/17 17,18 ................................................................... 11/17 19,20 ................................................................... 11/17 21,22 ................................................................... 11/17 23,24 ................................................................... 11/17 25,26 ................................................................... 11/17 27......................................................................... 11/17 Table of Revised Pages Revisions-5 (Revised 5/18) Edmonds Community Development Code 18.00.020 Chapter 18.00 GENERAL REQUIREMENTS Sections: 18.00.000 Scope. 18.00.010 Application. 18.00.020 Review. 18.00.030 Inspection. 18.00.040 Regulations. 18.00.050 Apprentice requirements. 18.00.060 Responsible bidder criteria. 18.00.000 Scope. This chapter establishes review procedure for all permits or approvals required by this title. 18.00.010 Application. A. Forms and Fees. The public works department shall provide application forms. Application fees and other fees shall be as set in Chapter 15.00 ECDC. B. Required Information. The applicant shall provide the following information: 1. Applicant's name and address; 2. Owner's name, address and written consent if the applicant is not the owner; 3. The location, by address and legal description, of the site; 4. A site plan, to scale, showing existing and proposed structures, improvements and affected streets, utilities, vegetation, LID ele- ments, etc.; 5. The applicant shall clearly specify on the plans, in a separate written statement, how the proposed development meets the require- ments of this title; 6. Further information required by the portion of the community development code that governs the type of application; 7. Further information required by gen- eral rules adopted by the public works director and information required by the public works director to properly review an individual appli- cation; 8. A release of the city from all damages arising from any action or inaction of the city based on false, misleading or incomplete infor- mation furnished by the applicant; 9. Permission to city staff to inspect the property involved to determine whether the application should be approved. C. Decision. The public works director or his designee shall decide whether to approve, conditionally approve, or deny the application, based on staff analysis and comments from other departments. The decision shall be in writing, and unless another appeal procedure is specifically identified in the provisions of this title, shall be appealable to the hearing exam- iner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to the applicant and/or appellant and any other party who has requested notice in writing or provided written notice during the application process. Such notice shall be pro- vided in writing at least five (5) business days prior to the hearing. No application may be approved that conflicts with any portion of the Community Development Code unless that portion is specifically subject to waiver or variance. [Ord. 4085 § 5 (Exh. A), 2017; Ord. 3788 § 1, 2010]. 18.00.020 Review. A. Other Departments. The public works 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 applica- tion. B. Staff Analysis. The staff may use a sum- mary form or checklist to review application, with written conclusions as to whether the pro- posal meets the standards and criteria of the community development code. C. Decision. The public works director or his designee shall decide whether to approve, conditionally approve, or deny the application, based on staff analysis and comments from other departments. The decision shall be in 18-3 (Revised 5/18) 18.00.030 writing and, unless another appeal procedure is specifically identified in the provisions of this title, shall be appealable to the hearing exam- iner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to the applicant and/or appellant and any other party who has requested notice in writing or provided written notice during the application process. Such notice shall be pro- vided in writing at least five business days prior to the hearing. No application may be approved that conflicts with any portion of the community development code, unless that por- tion is specifically subject to waiver or vari- ance. D. Optional Conditions of Approval. The public works director may condition an approval upon any or all of the following, in addition to any other reasonable condition nec- essary to protect the public health, safety and welfare, or necessary to carry out a purpose or provision of this code: 1. A performance bond, or similar secu- rity, to ensure the satisfactory completion of the permitted work in accordance with city standards, the city time schedule, and any other conditions of the permit; 2. An agreement or bond to indemnify and hold the city free and harmless from any and all claims, actions or damages of any kind or description which result in any way from the approved work. This agreement may be required to be recorded as a covenant running with the affected property; 3. Submission of detailed "as built" plans upon completion of construction; 4. Posting of a maintenance bond for a specific period of time. E. Required Conditions of Approval. 1. All work shall be accomplished in accordance with general standards and criteria adopted by the public works director. 2. All work shall be accomplished in accordance with the plans and specifications approved for an individual project by the pub- lic works director. 3. The applicant shall furnish proof of a valid general contractor's license, or a spe- cialty license to do the kind of work permitted, issued by the state of Washington, and proof of general liability insurance in effect, unless the owner of a site is to do the work on that site in which case the public works director may waive the same depending on such factors as project size, risk and such other objective fac- tors as the director finds pertinent. 4. An expiration date for the permit, which the director may extend upon written request showing satisfactory reasons. [Ord. 3788 § 1, 2010; Ord. 3736 § 24, 2009]. 18.00.030 Inspection. A. Authority. The public works director may enter any site to inspect any work autho- rized by a permit under this chapter. B. Notification. The owner or contractor holding the permit shall notify the public works director at least 24 hours in advance of starting any work, or resuming any work in a public place. C. Covering Work. No work that is to be covered or enclosed shall be covered or enclosed until the public works director has approved the installation. The director may require that any work covered be uncovered, or tested by a recognized independent testing lab- oratory (at the expense of the permittee) to ensure that the work has been accomplished in accordance with the permit. D. Correction. If the public works director finds that any work does not comply with this code, he shall notify in writing the owner of the site, or the permittee, of the deficiency, and of the period of time in which the work must be corrected. If the work is not corrected within the set time, the director may have the work done and assess the direct cost plus cost of administration against the property as a lien. 18.00.040 Regulations. The public works director may establish reasonable rules and regulations for all work covered by this title, including all aspects of (Revised 5/18) 18-4 Edmonds Community Development Code 18.45.070 F. The city may require and/or allow the applicant to relocate or replace trees, provide interim erosion control, hydroseed exposed slopes, or use other similar methods which would comply with the intent of this chapter. G. No land clearing and tree cutting shall be conducted in a wetland, except for the installa- tion of roads and utilities where no feasible alternative exists and the work is done pursu- ant to an approved development plan. H. When tree cutting or land clearing will occur pursuant to a building permit, protection measures should apply for all trees which are to be retained in areas immediately subject to construction. The requirements listed may be modified individually or severally by the city if the developer demonstrates them to be inap- plicable to the specific on -site conditions or if the intent of the regulations will be imple- mented by another means with the same result. Where the drip line of a tree overlaps a con- struction line, this shall be indicated on the sur- vey and the following tree protection measures shall be employed: 1. The applicant may not fill, excavate, stack or store any equipment, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 2. The applicant shall erect and maintain rope barriers on the drip line or place bales of hay to protect roots. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. 3. If the grade level adjoining a retaining tree is to be raised or lowered, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree's drip line. 4. The applicant may not install ground - level impervious surface material within the area defined by the drip line of any tree to be retained. 5. The grade level around any tree to be retained may not be lowered within the greater of the following areas: (a) the area defined by the drip line of the tree, or (b) an area around the tree equal to one foot in diameter for each one inch of tree caliper. 6. The applicant may prune branches and roots and water as horticulturally appro- priate for any trees and ground cover which are to be retained. The planning division manager or his/her designee may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protec- tion than the techniques listed above. [Ord. 4085 § 6 (Exh. A), 2017; Ord. 3646 § 1, 2007]. 18.45.055 Notice. Notice to surrounding property owners shall be provided pursuant to ECDC 20.03.002, informing them of the application for a clear- ing permit. [Ord. 3817 § 8, 2010; Ord. 3736 § 27, 2009; Ord. 3646 § 1, 2007]. 18.45.060 Appeals. Any person aggrieved by the decision of the staff regarding a clearing permit may appeal such decision to the hearing examiner within 10 working days of the date of the decision. The appeal shall comply with the provisions of Chapter 20.06 ECDC. [Ord. 3736 § 28, 2009; Ord. 3646 § 1, 2007]. 18.45.065 Bonding. The applicant shall post a performance bond in the amount covering the installation of tem- porary erosion control measures and the clear- ing work to be done on the property and the cost of any proposed revegetation. [Ord. 3646 § 1, 2007]. 18.45.070 Violations and penalties. A. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. Each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed or permitted to continue shall constitute a sepa- rate offense. B. Any person found to be in violation of the provisions of this chapter shall be subject to a civil penalty in an amount not to exceed $1,000 penalty for a tree of up to three inches 18-29 (Revised 5/18) 18.45.075 and $3,000 for a tree three inches or more. This civil penalty may be in addition to any crimi- nal, civil, or injunctive remedy available to the city. The planning division manager shall uti- lize the procedures outlined in Chapter 20.110 ECDC in order to notify an individual of vio- lation; provided, however, that the same shall commence with a notice of civil violation as provided in ECDC 20.110.040(B) and be sub- ject to an appeal as provided in ECDC 20.110.040(C). C. The fines established in subsection (B) of this section shall be tripled for clearing which occurs within any critical area or critical area buffer, in any earth subsidence or land- slide hazard area, any native growth protection easement, in any area which is designated for transfer or dedication to public use upon final approval of a subdivision, planned residential development or other development permit or for clearing which occurs on any portion of public property or within any portion of the public right-of-way. [Ord. 3828 § 1, 2010; Ord. 3788 § 8, 2010; Ord. 3646 § 1, 2007; Ord. 3507 § 3, 2004]. 18.45.075 Public and private redress. A. Any person who violates any provision of this chapter or of a permit issued pursuant hereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its original condition prior to such violation and the payment of any levied fine. 1. Restoration shall include the replace- ment of all ground cover with a species similar to those which were removed or other approved species such that the biological and habitat values will be substantially replaced; and 2. For each tree removed, replacement planting of up to three trees of the same species in the immediate vicinity of the tree(s) which was removed so long as adequate growing space is provided for such species. The replacement trees shall be of sufficient caliper to adequately replace the lost tree(s). Replace- ment trees shall be a minimum of three inches in caliper and shall be replaced at the direction of the planning division manager. B. In order that replanted species shall have an opportunity to adequately root and establish themselves prior to disturbance by any future development, no permit shall be issued nor final approval given to any project until such time as all planting required to mitigate illegal activity has been fully implemented in accor- dance with an approved landscaping plan, and an adequate rooting period has expired. The plan shall meet the performance standards established in ECDC 18.45.050. The phrase "adequate rooting period" is defined for the purposes of this section as a period of one cal- endar year from the date of planting; provided, however, that a developer or other impacted party may apply to the architectural design board for the establishment of a different root- ing period. The architectural design board shall establish such period which may be lon- ger or shorter than one calendar year based upon the species of the plants involved, the particular point in the growing cycle at which the application is reviewed, and the planting schedule. The architectural design board shall establish a rooting period based upon the best scientific and biological evidence available as necessary to reasonably ensure the establish- ment of the plantings. In no event shall a root- ing period be established as a penalty. C. Restoration shall also include installa- tion and maintenance of interim and emer- gency erosion control measures until such time as the restored ground cover and trees reach sufficient maturation to function in compli- ance via performance standards identified in ECDC 18.45.050. [Ord. 3646 § 1, 2007; Ord. 2804 § 1, 1990]. (Revised 5/18) 18-30 Edmonds Community Development Code 18.80.020 Table of Street Standards (Continued) Number Minimum of Lots R.O.W.* Pavement Curbs Dead End Zone or Units Width Width Gutters Reqrmts RS-8, 6 5-9 30' 20' Yes2 " RM, B, C 5-9 30' 22' Yes2 " RS-20 10 —15 40' 22' Yes2 cul/sac RS-12 10 —15 40' 22' Yes3 " RS-8, 6 10 —15 40' 22' Yes3 " RM, B, C 10 —15 40' 22' Yes3 " All 16+ Dependent Yes3 " on Design * Or easement; additional width shall be required in accordance with the provisions of the city's official street map and/or sidewalk plan un- der the city's comprehensive plan. Notes: 1 Asphaltic concrete if needed for drainage (thickened edge or curbs). 2 Asphaltic concrete (thickened edge or curbs). 3 Portland cement concrete (vertical or rolled). 4 If the fire chief and public works director can demonstrate that the fire fighting or rescue operations may be impaired by limited road- way width, the right-of-way width and paving requirements for a street or access easement may be increased and/or additional paved or graveled shoulders required. Both such decisions shall be staff de- cisions rendered and appealable as if they were Type II decisions in accordance with Chapter 20.06 ECDC. 5 Paving of rights -of -way or easements by the city for the sole purpose of stormwater control and water quality is exempt from the pave- ment width requirements of this table. All streets and access easements must be paved to a minimum width of 16 feet unless otherwise provided herein and developed in accordance with the city of Edmonds' street standards, on file in the city engineer's office. This paving requirement does not pertain to alleys as defined in ECDC 21.05.025. The right-of-way and paving requirements will apply to any property upon subdivision or for multi -family or commercial purposes. They shall not be required for the development of a single residential (RS-single-family) lot on an existing street or access easement unless devel- opment impacts are required to be mitigated as a condition of SEPA approval or of issuance of a variance, conditional use permit, or other grant of permit requiring compliance with the provisions of the Edmonds Comprehensive Plan. [Ord. 3736 § 30, 2009; Ord. 3594 § 1, 2006; Ord. 2713, 1989; Ord. 2528, 1985]. 18.80.015 Complete streets. A. The city of Edmonds will plan for, design and construct all new transportation projects to provide appropriate accommoda- tion for pedestrians, bicyclists, transit users and persons of all abilities. Complete streets principles will be incorporated into city plans, rules, regulations and programs as appropriate. B. Exceptions. Facilities for pedestrians, bicyclists, transit users and/or people of all abilities are not required to be provided: 1. Where their establishment would be contrary to public health and safety; 2. Where there is no identified need (as established in city plans and future travel demand models); 3. For ordinary maintenance activities designed to keep assets in serviceable condi- tion (e.g., striping, cleaning, sweeping, spot repair and surface treatments such as preserva- tion paving); 4. Where the cost would be dispropor- tionate to the current need or probable future uses; 5. In instances where a documented exception is granted by the public works direc- tor; or 6. Where implementing complete streets principles in a small project would create a very short section of improvements with prob- lematic transitions on either end or that are unlikely to be followed by similar improve- ments at either end resulting in little progress on implementing complete streets principles. [Ord. 3842 § 1, 2011]. 18.80.020 Plans and specifications. A. Required. A plan and profile of the pro- posed street, showing the following data, shall be submitted to the public works director for approval before construction or the issuance of a building permit for any structure within a subdivision and before construction or issu- ance of a building permit for any commercial or multiple residential building. 18-34.3 (Revised 5/18) 18.80.030 B. Plan. 1. Street alignment in stations of 100- foot intervals; 2. Bearings on street center line; 3. Curve data on all horizontal curves; 4. Right-of-way lines and widths for proposed streets and side streets; 5. All topography within the right-of- way limits including all utilities; 6. Names of all streets and adjoining subdivisions; 7. Typical roadway section of proposed street; 8. Existing and proposed drainage struc- tures (provide RIM and invert elevations), stormwater features, and easements; 9. Suggested map scale 1" = 100' or F _ 50'. C. Profile. 1. Original ground line; 2. Stationing intervals of 100 feet; 3. Control elevation on border of sheet; 4. Grade line showing percents and ver- tical curves; 5. Indicate datum used and all bench marks; 6. Profile scale shall be vertical F = 10' or 1' = 5'; horizontal 1" = 100' or 1' = 50'. [Ord. 4085 § 7 (Exh. A), 2017]. 18.80.030 Storm drainage. Adequate provision shall be made for storm drainage. The minimum standards for drainage shall be as approved or directed by the public works director. 18.80.040 Surfacing and base preparation. Street surfacing and base preparation shall be in accordance with standards adopted by the public works director. 18.80.050 Utilities. Locations for utilities shall be shown on the engineer's drawing provided for in this chap- ter. The public works director may authorize deviations in the case of special circumstances due to topographical configurations, existing and proposed development or other engineer- ing considerations. Mains and service connec- tions to all lots shall be completed prior to placing or replacing any surfacing materials. The construction of underground utilities shall conform to the Standard Specifications for Municipal Public Works Construction adopted by this chapter. 18.80.060 Driveway and curb cut requirements. A. Permit Required. No person shall begin work on the construction alteration, repair or removal of any driveway or the paving of any parking strip on any or adjacent to any street, alley or other public place in the city, without first obtaining a permit from the public works director. Fees shall be as set forth in Chapter 15.00 ECDC. B. Location. 1. No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or compel illegal or unsafe traffic movements. 2. Unless otherwise approved by the public works director, all driveways including the returns shall be confined within lines per- pendicular to the curb line and passing through the property corners. (Revised 5/18) 18-34.4 Edmonds Community Development Code 18.95.020 Chapter 18.95 PARKING LOT CONSTRUCTION Sections: 18.95.000 Permit required. 18.95.010 Application. 18.95.020 Requirements. 18.95.030 Tandem parking prohibited. 18.95.000 Permit required. No person shall construct, modify and/or expand a parking lot without first obtaining approval from the city engineer and a building permit. Except for parking areas intended for not more than four vehicles and accessory to a single-family dwelling, all plans and specifica- tions must first be approved by the architec- tural design board before a permit may be issued. [Ord. 2428 § 1, 1984]. 18.95.010 Application. A. Filing. An application shall be filed with the building official, along with the plans for the building or use which the parking lot will serve. In the event that the parking lot is not being constructed for use in conjunction with a building, a site plan shall be submitted which shows any and all existing buildings on the lot on which the parking lot is to be constructed as well as all structures within 15 feet of the boundary line of the lot. B. Required Information. The plan shall be drawn on a scale of 1" = 20' and shall include the following: 1. North point and scale; 2. All adjacent streets, alleys, sidewalks and curbs; 3. Existing trees over one foot diameter, in or near the parking lot; 4. Entire ownership of lot or parcel being developed; 5. The outline of all existing and pro- posed structures; 6. Dimensions and height of building in number of stories or feet and total floor area, existing and proposed; 7. Completely dimensioned parking lay- outs, clearly showing all spaces; 8. Existing and proposed land contours; 9. Provisions for drainage control. [Ord. 2471, 1984; Ord. 2428 § 2, 1984]. 18.95.020 Requirements. A. Dimensions. 1. Cars. The applicant must provide an aggregate parking area of sufficient size to provide all the required parking spaces at the full width dimensions. If the applicant satisfies this condition, the applicant has the following two choices for meeting the minimum stan- dards for off-street parking dimensions within this aggregate area: a) all at full width method, or b) mixture of full width/reduced width method. a. All at Full Width Method. The full width parking space shall be eight and one-half feet in width and 16-1/2 feet in length. Mini- mum standards for off-street parking space dimensions shall not be less than as shown on Figure 18-1, Minimum Parking Lot Require- ments for One- and Two -Way Traffic. b. Mixture of Full Width and Reduced Width Method. (1) The applicant must be able to demonstrate that sufficient parking area is available to provide all required parking spaces at the full width dimensions as defined in subsection (b)(2) below. (2) Full Width Parking Stall Size. The full width parking space shall be eight and one-half feet in width and 16-1/2 feet in length. Minimum standards for off-street parking space dimensions shall not be less than as shown on Figure 18-1, Minimum Parking Lot Requirements for One- and Two -Way Traffic. (3) If the conditions of subsec- tions (b)(1) and (b)(2) above have been satis- fied, and the applicant selects this methodol- ogy, a maximum of fifty percent of the total provided parking spaces may be sized at reduced width per the parking space dimen- sions specified in subsection (b)(4) below. 18-41 (Revised 5/18) 18.95.030 (4) Reduced Width Parking Stall Size. The reduced width parking space shall be eight feet in width and 16-1/2 feet in length. Minimum standards for off-street parking space dimensions shall not be less than as shown on Figure 18-1, Minimum Parking Lot Requirements for One- and Two -Way Traffic. 2. Trucks. Parking areas for vehicles with a gross vehicle weight exceeding 8,000 pounds shall be designed to meet sound, com- monly accepted specifications necessary for parking such vehicles as designated by the city engineer. B. Control Devices. Hard -surfaced parking lots shall use painted stripes to designate spaces. Gravel parking lots shall use durable raised rails and wheelstops and signs to desig- nate spaces. Pedestrian walks in parking lots shall be protected by curbs or raised rails. C. Pavement. Parking lots shall be hard - surfaced. The city engineer may allow gravel parking lots for temporary parking lots, or where parking is primarily long term. Drive- way approaches for gravel parking lots shall be hard -surfaced from the edge of the existing street a distance of 20 feet or to the edge of the property line, whichever is greater. D. Grades. Maximum parking slopes shall be six percent; minimum slope shall be one percent. The city engineer may waive the max- imum slope requirement, up to a maximum of 14 percent, if the applicant can demonstrate that an increase in the slope maximum will not result in conditions that may pose a hazard or otherwise endanger the public's health, safety or welfare. 1. The city engineer shall consider the following criteria, where applicable, in reviewing an application for waiver: a. The waiver request is not made for the sole purpose of circumventing other requirements of the community development code, general convenience, or to reduce rou- tine construction cost compared to similar projects. b. Site conditions or other city requirements necessitate the request. Site con- ditions may include but are not limited to the protection of streams, trees and vegetation; addressing storm drainage and ground water concerns; minimizing impacts on adjacent properties; and avoidance of excessive grading or retaining walls. c. Mitigating safety measures as pro- posed or required by the city engineer can be included in the design and realistically con- structed as designed. d. The public welfare will be enhanced. Examples include the enhancement of the aesthetic environment, reduction in potential pollutants, noise, dust or odor, public convenience, and/or the general safety of the public during construction. e. Utilization of existing parking lots with similar profiles to the proposed lots can be shown to operate safely and efficiently. f. The request complies with barrier free design standards and other handicap related laws, requirements and standards. g. The waiver decision would not be otherwise detrimental to the city. 2. If a waiver is granted, the city engi- neer will place in the appropriate city file a signed, written statement of findings, reasons and conditions for authorizing the waiver of the parking slip requirement. 3. Driveways and aisles shall conform to the standards of ECDC 18.80.060. [Ord. 4085 § 8 (Exh. A), 2017; Ord. 3585 § 1, 2006; Ord. 3121 § 1, 1996; Ord. 2737 § 1, 1989; Ord. 2428 § 3, 1984]. 18.95.030 Tandem parking prohibited. Any required off-street parking space, whether by the requirements of ECDC Title 18 or any other provision of the code, shall be individually accessible. Tandem or stacked parking may not be utilized to provide any required parking space; except that tandem parking may be permitted in the following instances: (Revised 5/18) 18-42 Edmonds Community Development Code 18.95.030 A. Where an applicant proposes to provide additional parking spaces for the benefit of vis- itors and residents in addition to those required by the code, the staff may approve the use of tandem or stacked parking where such tandem parking will not block or impede access to any required space, or present a safety hazard. In no event shall tandem or stacked parking be permitted where its use would increase the per- mitted density of development. B. On a single-family (RS-zoned) lot, one tandem space may be provided in order to meet the minimum required parking on the property. C. An application to provide additional parking spaces as set forth above shall be pro- cessed in accordance with the provisions of ECDC 18.00.020. [Ord. 3788 § 14, 2010; Ord. 3344 § 1, 2001; Ord. 2794 § 1, 1990]. 18-42.1 (Revised 5/18) This page left intentionally blank. (Revised 5/18) 18-42.2 Title 19 BUILDING CODES Chapters: 19.00 Building Code........................................................................................ 3 19.05 Residential Building Code..................................................................... 15 19.10 Building Permits — Earth Subsidence and Landslide Hazard Areas ...... 17 19.15 Mechanical Code and Fuel Gas Code .................................................... 32 19.20 Plumbing Code...................................................................................... 33 19.25 Fire Code................................................................................................ 34 19.30 Energy Code....................................................................................... 40.2 19.35 International Swimming Pool and Spa Code ......................................... 41 19.40 International Property Maintenance Code ............................................. 41 19.45 International Code Council Performance Code ..................................... 42 19.50 International Existing Building Code .................................................... 43 19.55 Electrical Code....................................................................................... 44 19.60 Moving Buildings.................................................................................. 45 19.65 Marinas.................................................................................................. 47 19.70 Fees........................................................................................................ 49 19.75 Street Names and Address Numbering .................................................. 50 19.80 Appeals.................................................................................................. 52 19.85 Penalties................................................................................................. 56 19.90 Limitation of Benefited and Protected Classes ...................................... 56 19.95 Conversion Condominiums................................................................... 57 19-1 (Revised 5/18) Edmonds Community Development Code 19.00.010 Chapter 19.00 BUILDING CODE Sections: 19.00.000 Purpose. 19.00.005 Referenced codes. 19.00.010 Conflict between codes. 19.00.015 Administrative provisions. 19.00.020 International Building Code adopted. 19.00.025 International Building Code section amendments. 19.00.030 Architectural design review — Optional vesting. 19.00.040 Excluding nonconforming religious building from certain requirements. 19.00.000 Purpose. The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and con- trolling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Edmonds. It is not the pur- pose or intent to create or designate any partic- ular class or group of persons to be especially protected or benefited, nor is it intended to cre- ate any special relationship with any individ- ual. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010]. 19.00.005 Referenced codes. Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as fol- lows: A. "International Building Code" shall mean the building code as adopted and amended in this title. B. "International Residential Code" shall mean the residential building code as adopted and amended in this title. C. "International Mechanical Code" shall mean the mechanical code as adopted and amended in this title. D. "International Fuel Gas Code" shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. E. "International Fire Code" shall mean the fire code as adopted and amended in this title. F. "Uniform Plumbing Code" shall mean the plumbing code as adopted and amended in this title. G. "Washington State Energy Code" shall mean the energy code as adopted and amended in this title. H. The "National Electrical Code" shall mean the electrical code as adopted and amended in this title. I. "International Existing Building Code" shall mean the existing building code as adopted and amended in this title. J. "International Property Maintenance Code" shall mean the property maintenance code as adopted and amended in this title. K. "International Code Council Perfor- mance Code" shall mean the performance code as adopted and amended in this title. L. "International Swimming Pool and Spa Code" shall mean the swimming pool and spa code as adopted and amended in this title. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010]. 19.00.010 Conflict between codes. In case of conflict among any of the codes referenced in ECDC 19.00.005 as adopted and subsequently amended by this chapter, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010]. 19-3 (Revised 5/18) 19.00.015 19.00.015 Administrative provisions. The administrative provisions contained in Chapter 1 of the International Building Code as adopted and subsequently amended by this chapter shall be used as the general administra- tive provisions for the codes listed in ECDC 19.00.005(A), (B), (C), (D) and (F), unless otherwise required to meet the purpose of the code. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010]. 19.00.020 International Building Code adopted. The International Building Code (IBC), 2015 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appen- dix Chapters E, G, H, I and J. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010]. 19.00.025 International Building Code section amendments. The following sections of the IBC are hereby amended as follows: A. Section 104.3, Notices and Orders, is amended to read: The building official shall issue all nec- essary notices or orders to ensure compliance with this code. The build- ing official is also authorized to use Chapter 20.110 ECDC for code com- pliance in addition to the remedies pro- vided for in this code. to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be re- leased until the building official deter- mines the following requirements have been completed: 1. Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, col- lapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. 2. Knock Down of Concrete Founda- tion Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Sec- tion 1804.2 for clean fill. 3. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No de- bris of any kind may be placed or main- tained on street right-of-way (including alleys) without a permit issued pursu- ant to Chapter 18.60 or 18.70 of the Edmonds Community Development Code. B. Section 105.1.1, Annual Permit, is 4. Repair of any damage to, and resto- deleted. ration of, any public property to sub- C. Section 105.1.1, Demolition Permits, is stantially original conditions, i.e., alley, added and shall read: street, sidewalk, landscaping, water, sewer, storm and other utilities, rocker - Before the partial or complete demoli- ies, retaining walls, etc, in accordance tion of any building or structure (interior with this code and the City's engineer - or exterior), a demolition permit shall ing requirements. be obtained from the building official. The permit fee is established pursuant (Revised 5/18) 19-4 Edmonds Community Development Code 19.00.025 5. Grading of Site Back to Original To- pography Grades. Basements shall be filled and compacted to 90 percent as verified by a special inspector. "Struc- tural fill" is defined as any fill placed be- low structures, including slabs, where the fill soils need to support loads with- out unacceptable deflections or shear- ing. Structural fill shall be clean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent modified proc- tor, per ASTM D1557. 6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC. D. Section 105.1.2, Annual permit records, is deleted. E. Section 105.2, Work exempt from per- mit, is replaced as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code stan- dards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless required by the provisions of ECDC Ti- tle 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. Building (general): (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (including the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. (b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. (c) Movable cases, counters and parti- tions not over five (5) feet nine (9) inch- es high. (d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: I. Supporting a surcharge; or 11. Impounding Class I, 11, III -A liquids; or 111. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (e) Rockeries. Construction of rocker- ies is limited as specified elsewhere in this code. (f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). (g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (h) Painting, papering, tiling, carpeting, cabinets, countertops and similar fin- ish work. (i) Temporary motion picture, televi- sion and theater stage sets and scen- ery. 0) Shade cloth structures constructed for nursery or agricultural purposes. 19-5 (Revised 5/18) 19.00.025 (k) Prefabricated swimming pools ac- cessory to an occupancy in which the pool walls are entirely above the adja- cent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, com- pletely supported by the ground. (1) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless sub- ject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (m) Repair of appliances which do not alter original approval, certification, listing or code. (n) Replacement or adding new insula- tion with no drywall removal or place- ment. (o) Replacement or repair of existing gutters or downspouts. (p) The following types of signs are ex- empt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: I. Replacing the panel on a previously permitted existing wall cabinet or pole sign, II. Repainting an existing previously permitted wood sign, III. Painted or vinyl lettering on store- front windows, IV. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, V. Temporary signs announcing the sale or rent of property and other tem- porary signs as described in ECDC 20.60.080, A. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. 2. Mechanical: (a) Portable heating, ventilation, cool- ing, cooking or clothes drying appli- ances. (b) Replacement of any part that does not alter approval of equipment or make such equipment unsafe. (c) Portable fuel cell appliances that are not connected to a fixed piping sys- tem and are not interconnected to a power grid. (d) Steam, hot or chilled water piping within any heating or cooling equip- ment regulated by this code. (e) Portable evaporative cooler. (f) Self-contained refrigeration sys- tems containing ten (10) pounds or less of refrigerant or that are actuated by motor of one (1) horsepower or less. 3. Plumbing: (a) The stopping of leaks in drains, wa- ter, soil, waste or vent pipe, provided that the replacement of defective ma- terial shall be done with new material and a permit obtained and inspection made. (b) Reinstallation or replacement of approved prefabricated plumbing fix- tures that do not involve or require the replacement or rearrangement of valves or pipes. (Revised 5/18) 19-6 Edmonds Community Development Code 19.00.025 4. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (including the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle stor- age structures, such as garages and carports, are not exempted. (b) Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the ex- terior wall and do not require additional support. ECDC Title 23 provisions shall not apply to such awnings. (c) Sport courts less than 2,000 square feet. (d) Dock repair of individual decking members. ECDC Title 23 provisions shall not apply. (e) Replacement or repair of existing exterior siding. ECDC Title 23 provi- sions shall not apply. (f) Replacement or repair of existing windows or doors provided; no alter- ation of structural members is re- quired, the replacement would not require installation of safety glazing, the installation does not involve re- quired egress windows. ECDC Title 23 provisions shall not apply. (g) Minor like -for -like drywall repairs not involving fire -rated assemblies. (h) Replacement or repair of individual decking, joists, stair treads, or interme- diate rails. ECDC Title 23 provisions do not apply. (i) Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inch- es above grade at any point and do not serve the exit door required by IRC Section R311.4. Q) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. (k) Reroof overlays. Overlays are not permitted over slate, clay or cement tiles, or where the existing roof has two or more applications of any type of roofing. F. Section 105.3.2, Time limitation of per- mit application, is amended to read: 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by lim- itation, and plans and other data sub- mitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days except as allowed with- in this section. In order to renew action on an expired application, the appli- cant shall submit a new application, re- vised plans based on any applicable code or ordinance change, and pay new plan review fees. 4. The Building Official may extend the life of an application if any of the follow- ing conditions exist: 19-7 (Revised 5/18) 19.00.025 (a) Compliance with the State Environ- mental Policy Act is in progress; or (b) Any other City review is in prog- ress; provided, the applicant has sub- mitted a complete response to City requests or the Building Official deter- mines that unique or unusual circum- stances exist that warrant additional time for such response and the Build- ing Official determines that the review is proceeding in a timely manner to- ward final City decision; or (c) Litigation against the City or appli- cant is in progress, the outcome of which may affect the validity or the pro- visions of any permit issued pursuant to such application. G. Section 105.3.3, Fully complete applica- tion, is added and reads: In accordance with the provisions of RCW 19.27.031 and 19.27.074, an ap- plicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordi- nances and the IBC and is substantial- ly complete in all respects. It is anticipated that minor changes or revi- sions may be required and are fre- quently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from be- ing deemed complete if a good faith at- tempt has been made to submit a substantially complete application con- taining all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appro- priate engineering, surveying or other professional consultants. A fully com- plete building permit application shall be accompanied by all required intake fees, including but not limited to plan review fees required under the provi- sions of this chapter and code. H. Section 105.3.4, Concurrent review, is added and reads: An applicant may submit an applica- tion for building permit approval and request plan review services concur- rently with, or at any time following, the submittal of a complete application for any necessary or required discretion- ary permit approval or discretionary hearing; provided, that any building permit application submitted concur- rently with an application for discre- tionary permit or approvals shall not be considered complete unless the appli- cant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any neces- sary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submit- tal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretion- ary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, includ- ing but not limited to additional full plan review fees; provided further, that any applicant -initiated changes made after the original plan review is complete shall also require payment of full plan review fees. (Revised 5/18) 19-8 Edmonds Community Development Code 19.00.025 L Section 105.5, Permit expiration and extension, is amended to read: 1. Every permit issued under ECDC Ti- tle 19 shall expire by limitation 360 days after issuance, except as provid- ed in ECDC 19.00.0251(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended, unless they are associated with a primary building per- mit for a larger construction project, in which case they may run with the life of the primary permit: Demolition permits; Permits for Moving Buildings required by Chapter 19.60 ECDC; Mechanical permits; Tank removal, tank fill, or tank place- ment permits; Grading, excavation and fill permits; Water service line permits; Plumbing permits; Gas piping permits; Deck and dock permits; Fence permits; Re -roof permits; Retaining wall permits; Swimming pool, hot tub and spa per- mits; Sign permits; Shoring permits; Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. Pro- vided there has been at least one (1) required progress inspection conduct- ed by the city building inspector prior to the extension, the permit shall be ex- tended. Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the per- mit. 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection con- ducted by the city building inspector af- ter the previous extension, the permit shall be extended. Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the permit. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issu- ance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or Build- ing codes. Whenever an appeal is filed and a necessary development approv- al is stayed in accordance with ECDC 20.07.004 the time limit periods im- posed under this section shall also be stayed until final decision. 6. The building official may reject re- quests for permit extension where he determines that modifications or amendments to the applicable zoning and Building codes have occurred 19-9 (Revised 5/18) 19.00.025 since the original issuance of the per- mit and/or modifications or amend- ments would significantly promote public health and safety if applied to the project through the issuance of a new permit. J. Repealed by Ord. 3926. K. Section 107.3.3, Phased approval, is amended to read: 1. The building official may issue par- tial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been ap- proved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concur- rent approval is granted by the plan- ning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the con- struction of all site improvements in- cluding, but not limited to: curbs, gutters, sidewalks, paved streets, wa- ter lines, sewer lines, and storm drain- age have been signed as approved by the city engineer. 3. With such phased approval, a per- formance bond shall be posted with the city pursuant to Chapter 17.10 EC - DC, to cover the estimated cost of con- struction to city standards for the improvements. L. Section 110.3.3, Lowest floor elevation, is amended to read: In flood hazard areas, upon placement of the lowest floor, including the base- ment, and prior to further vertical con- struction, the elevation certification required in Section 1612.5 shall be submitted to the building official. Prior to final inspection approval, the build- ing official shall require an elevation certificate based on finished construc- tion prepared and sealed by a State li- censed land surveyor. M. Section 113, Board of Appeals, is deleted and replaced by Chapter 19.80 ECDC. N. Section 501.2, Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and leg- ible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure. O. Section 903.2 is amended to read: Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13. P. Section 903.2.13 is added. Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A. (Revised 5/18) 19-10 Edmonds Community Development Code 19.00.025 Q. Section 903.3.7 is amended to read: Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.035B. R. Section 907.2 is amended to read: Where required — new buildings and structures. An approved fire alarm sys- tem installed in accordance with this code and NFPA 72 shall be provided in new buildings and structures in accor- dance with Sections 907.2.1 through 907.2.24 and provide occupant notifi- cation in accordance with Section 907.5, unless other requirements are provided by another section of this code. S. Section 907.2.24 is added. Fire alarm and detection system shall be provided as required by ECDC 19.25.035C. T. Section 1612.1.1, Residential Structures, is added and reads: Construction or reconstruction of resi- dential structures is prohibited within designated floodways, except for (i) re- pairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the dam- age occurred. Any project for improve- ment of a structure to correct existing violations of State or local health, san- itary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded from the 50 percent calcula- tion. U. Section 1612.4.1, Lowest Floor Eleva- tion, is added and reads: For buildings in all structure categories located in the Coastal High Hazard Ar- eas and Coastal A Flood Zones, the el- evation of the lowest floor shall be a minimum of two feet above the base flood elevation, as determined from the applicable FEMA flood hazard map. V. Section 3108.1.1, Radio, television and cellular communication related equipment and devices, is added and reads: A permit shall be required for the in- stallation or relocation of commercial radio, television or cellular tower sup- port structures including monopoles, whip antennas, panel antennas, para- bolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. W. Section 3109.2, Applicability and main- tenance, is added and reads: 1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. 2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not main- tained in a clean and sanitary condition or its equipment in accord with manu- facturers recommendations shall be 19-11 (Revised 5/18) 19.00.025 determined to be a hazard to health and safety and shall be properly miti- gated to the satisfaction of the building official. X. Section 3109.3, Location and Setbacks, is added and reads: Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory struc- tures. 2. All other accessory buildings and equipment shall meet the normally re- quired setbacks for accessory struc- tures in the zone in which they are located. Y. Section 3109.4, Tests and cross -connec- tion devices, is added and reads: 1. All swimming pool, hot tub and spa piping shall be inspected and ap- proved before being covered or con- cealed. 2. Washington State Department of Health approved cross connection de- vices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. Z. Section 3109.5, Wastewater disposal, is added and reads: A means of disposal of the total con- tents of the swimming pool, hot tub or spa (including partial or periodic emp- tying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub -soil drain. 2. A sanitary tee (outside cleanout in- stalled on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sew- er system. AA. Section 3109.9, Inspection require- ments, is added and reads: The appropriate city inspector shall be notified for the following applicable in- spections: 1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumb- ing, sanitary extension and cleanout, mechanical pool equipment, gas pip- ing, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control in- stallation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow as- sembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and ap- proval. BB. Appendix E, Accessibility Require- ments, is amended by deleting Sections E107, E108, El10 and El11. CC. Appendix G, Flood -Resistant Con- struction, is amended by addition of a new sec- tion: Section G301.1(4) Where base flood elevation data has not been provided or is not available from another author- itative source, it shall be generated for subdivision proposals and other pro- posed developments which contain at (Revised 5/18) 19-12 Edmonds Community Development Code 19.00.025 least 50 lots or 5 acres, whichever is less. DD. Appendix H, Signs, is amended as fol- lows: 1. Section 1­1101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this section. 2. Section H101.2.1, Prohibited signs, is added and reads as follows: a. It is unlawful for any person to ad- vertise or display any visually commu- nicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer deter- mines to be a hazard to vehicle or pe- destrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nui- sance and shall be subject to immedi- ate removal and confiscation per ECDC 20.60.090. 3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108, Animated devices, H109.1, Height restrictions, and H 110, Roof signs, are deleted. [Ord. 4111 § 2 (Exh. 2), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 4026 § 2 (Att. B), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010]. 19-12.1 (Revised 5/18) This page left intentionally blank. (Revised 5/18) 19-12.2 Edmonds Community Development Code 19.20.010 Chapter 19.20 PLUMBING CODE Sections: 19.20.000 Uniform Plumbing Code adopted. 19.20.005 Amendments. 19.20.010 Evidence of potable water. 19.20.000 Uniform Plumbing Code adopted. The Uniform Plumbing Code (UPC), 2015 Edition, published by the International Associ- ation of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter, pro- vided that any provisions that affect fuel gas piping are not adopted, is hereby adopted. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010]. 19.20.005 Amendments. A. Chapter 1 is not adopted, except as pro- vided for in ECDC 19.00.015. B. Chapter 12, Fuel piping, is deleted. C. Chapter 14, Firestop protection, is deleted. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010]. 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive evidence of an ade- quate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water util- ity, the notification from a duly authorized rep- resentative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or other- wise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010]. 19-33 (Revised 5/18) 19.25.000 Chapter 19.25 FIRE CODE Sections: 19.25.000 International Fire Code adopted 19.25.005 Section amendments. 19.25.010 Department of fire prevention. 19.25.015 Definitions. 19.25.020 Permits. 19.25.025 Charges for fire review and inspection. 19.25.030 Modifications, interpretations and appeals. 19.25.035 Fire protection systems. 19.25.036 Dwelling fire sprinkler systems and connection fees. 19.25.040 Fire protection water supplies. 19.25.045 Charges for water mains and hydrants. 19.25.050 Mains and service lines. 19.25.055 Location of public hydrants. 19.25.060 Location of private hydrants. 19.25.065 Hydrant specifications. 19.25.070 Penalties. 19.25.000 International Fire Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the International Fire Code (IFC), 2015 Edition, as published by the International Code Council including amendments set forth in Chapter 51-54A WAC, and subsequently revised by this chap- ter, is hereby adopted including all referenced standards, Appendices B, C, I, and L. [Ord. 4111 § I (Exh. 1), 2018; Ord. 4029 § I (Att. A), 2016; Ord. 3926 § I (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.005 Section amendments. The following sections of the IFC have been added, amended, deleted or replaced as fol- lows: A. Chapter 1 Administration. 1. Section 102.5 Application of Resi- dential Code. Adopted as originally set forth in IFC (notwithstanding revisions thereto by the state building code council). 2. Section 103.1-.2 Department of Fire Prevention. Replaced by ECDC 19.25.010. 3. Section 104.8 Modifications. Re- placed by ECDC 19.25.030. 4. Section 104.10.1 Assistance from other agencies. Police and other en- forcement agencies shall have the au- thority to render necessary assistance in the investigation of fires and en- forcement and hazardous conditions of this code when requested by the fire marshal. 5. Section 105.1.1 Permits required. Replaced by ECDC 19.25.020. 6. Section 108 Board of appeals. Re- placed by Chapter 19.80 ECDC. 7. Section 109.4 Violation Penalties. Replaced by ECDC 19.25.070. B. Chapter 3, General Requirements. Section 308.1.6.3 Sky Lanterns. Is amended to read: It is unlawful for any person to sell, use, transfer, discharge or ignite any sky lantern within the city limits. C. Chapter 5, Fire Service Features. Section 503 Fire Apparatus Access Roads. The following sections are ad- opted as originally set forth in the IFC with the exception of 503.2.2: 1. Section 503.1 Where required. (Revised 5/18) 19-34 Edmonds Community Development Code 19.25.005 2. Section 503.1.1 Buildings and facil- ities. 3. Section 503.1.2 Additional access. 4. Section 503.1.3 High -piled storage. 5. Section 503.2 Specifications. 6. Section 503.3 Marking. 7. Section 503.4 Obstruction of fire apparatus access roads. 8. Section 507.5.1.1 is amended to read: Fire hydrants for sprinkler and standpipe systems. Buildings equipped with a Fire Department Con- nection (FDC) shall have a fire hydrant within 50 feet or as approved by the fire code official. Section 503.2.2 is amended to read: Authority. The fire code official shall have the authority to require an in- crease in the minimum access widths where they are inadequate for fire or rescue operations, and the authority to decrease the minimum access widths where other fire protection features are provided. D. Chapter 9, Fire Protection Systems 1. Section 903.2 is amended to read: Where Required. Approved automatic fire sprinkler systems in new and exist- ing buildings and structures shall be provided in the locations listed in sec- tions 903.2.1 through 903.2.13. 2. Section 903.2.13 is added. Auto- matic fire sprinkler systems shall be provided as required by ECDC 19.25.035A. 3. Section 903.3.7 is amended to read: Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.035B. 4. Section 907.2 is amended to read: Where required — New and existing buildings and structures. An approved fire alarm system installed in accor- dance with this code and NFPA 72 shall be provided in Sections 907.2.1 through 907.2.24 and provide occu- pant notification in accordance with Section 907.5, unless other require- ments are provided by another section of this code. 5. Section 907.2.24 is added. Fire alarm and detection system shall be provided as required by ECDC 19.25.035C. E. Chapter 36, Marinas. Replaced in entirety by Chapter 19.65 ECDC. F. Chapter 56, Explosives and Fire- works. Section 5601.1.3 Fireworks. Replaced by Chapter 5.27 ECC. G. Chapter 57 Flammable and Com- bustible Liquids. Sections 5704.2.9.6.1 (outside) and 5706.2.4.4 (inside) Locations where above -ground tanks are prohibited. Class I and II flammable liquids in abo- veground storage tanks are restricted for the protection of residential districts and shall be no more than 1,000 gal- lons capacity in residential zones des- ignated by the city. H. Chapter 61 Liquefied Petroleum Gases. Section 6104.2 Maximum capacity within established limits. The maxi- mum capacity for each installation is restricted for the protection of residen- tial districts within the city and shall be 19-35 (Revised 5/18) 19.25.010 no more than 500 gallons water capac- ity in residential zones designated by the city. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.010 Department of fire prevention. A. There is established in the city a depart- ment of fire prevention supervised by the fire marshal or chief of fire prevention acting under the supervision of the fire chief. The function of the department shall be the imple- mentation, administration and enforcement of the provisions of this code. B. An annual report shall be provided to the mayor containing proceedings under this code, with other statistics as the fire chief and mayor wish to include. The fire marshal may also rec- ommend any changes to the code. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.015 Definitions. A. Whenever the term "fire code official" is used in the IFC, it shall mean the fire marshal or chief of fire prevention. B. Whenever the word "jurisdiction" is used in the IFC, it shall mean the city of Edmonds. C. Whenever the term "legal representative of the jurisdiction" is used in the IFC, it shall mean the city attorney. D. Whenever the term "police" is used in the IFC, it shall mean the city of Edmonds police department. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.020 Permits. A. Operational permits required under the city's fire code and regulated by the city shall be issued by the fire marshal. The application for the permit shall be accompanied by the full application fee in order to vest rights under the permit and to constitute a complete permit application. The permit fee shall be set by the city council annually by resolution or on such review cycle as the council, in its discretion, shall determine. All permits shall be renewed annually unless the specific time period is set forth when the permit is granted. No permit shall be transferable and each permit shall be issued on a single job, transaction, owner, or occupancy basis, except that the fire marshal is authorized to consolidate permits for a single location, building, or unit. B. In the event that the activity, location or risk associated with the activity requires a fire safety inspection in excess of the time esti- mated within the permit fee (one hour) an inspection fee equal to the actual cost to the city of providing the inspection shall be charged pursuant to ECDC 19.25.025. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.025 Charges for fire review and inspection. A. Certain licenses and permits issued by the city include a fire department inspection. The cost of the permit may include an estimate of the normal time associated with the fire inspection. Where the permit does not include such an estimate, or when the estimate of time established within the ordinance is exceeded by the actual time spent inspecting a premises, location or activity, the actual cost of conduct- ing the inspection shall be charged. The administrative services director is authorized to establish on an annual basis, in conjunction with or immediately following the budget pro- cess, a fee for the hourly charge associated with the provision of services by reasonable classifications of fire marshal and fire inspec- tor. B. The permittee shall pay the actual charges of inspection, in addition to the permit fee associated with such activity. Licenses and permits requiring the actual payment of inspection charges include, but are not limited (Revised 5/18) 19-36 Edmonds Community Development Code 19.25.035 to, public amusement licenses issued pursuant to Chapter 4.32 ECC, cabaret dance licenses issued pursuant to Chapter 4.48 ECC, adult entertainment facility licenses issued pursuant to Chapter 4.52 ECC, business licenses issued pursuant to Chapter 4.72 ECC, and aircraft landing licenses issued pursuant to Chapter 4.80 ECC. C. No charge shall be levied against any department or agency of the city of Edmonds operating within the city's general fund. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.030 Modifications, interpretations and appeals. A. The fire marshal shall have the authority to modify any of the provisions of the IFC or this chapter on written application by the owner, lessee, or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the code. Approved mod- ifications, including alternative materials and methods, shall observe the spirit of the code, preserve fire- and life -safety, secure the public health, and do substantial justice. A signed copy of approved modifications shall be promptly given to the applicant. B. Details of actions granting modifications and related interpretations shall be recorded and preserved in the records of the department of fire prevention to aid in conformance and uniform application of related codes, ordi- nances, and standards. C. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the pro- visions of the code do not apply or that the true intent and meaning of the code have been mis- construed or wrongly interpreted, the applicant may appeal from the decision of the fire mar- shal to the hearings examiner. Such appeals shall be governed by the procedures set forth in Chapter 19.80 ECDC. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.035 Fire protection systems. A. Automatic Fire Sprinklers. In addition to the requirements of Section 903.2, an approved automatic fire sprinkler system shall be installed and maintained throughout all buildings, structures, floors, and suites described in this section. If conflicts exist between the IFC and this section, this section shall prevail. All sprinklers shall be installed per the applicable NFPA and South County Fire's (SCF) fire sprinkler standard. For the purposes of ECDC 19.25.035, spaces sepa- rated by fire walls, fire barriers, fire partitions and fire -resistance -rated horizontal assemblies noted in Chapter 7 IBC shall not be considered to be separate buildings. Partial area automatic sprinkler systems are prohibited except where approved by the fire code official. 1. In every building constructed under the International Residential Code containing five or more attached dwelling units. One- and two-family dwellings located 500 or greater feet from a public or private hydrant. Residen- tial or quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling. 2. In all new buildings and structures with a fire area of 5,000 or greater square feet, regardless of type or use. 3. In existing buildings, structures, or suites that undergo an addition where the new total fire area is 5,000 square feet or greater. Exception: One- and two-family dwell- ings. 4. When required by the International Existing Building Code (IEBC) for existing buildings and structures undergoing additions, alteration, repairs, or changes of occupancy. The classification of work level shall be deter- mined by the building and fire code official. 5. In existing buildings, structures, or suites having an existing automatic fire sprin- kler system that does not protect all areas, when the unprotected areas undergo an alter- ation, repair, modification, or similar improve- ment requiring a building permit, those 19-37 (Revised 5/18) 19.25.035 unprotected areas shall be provided with pro- tection as approved by the fire code official. 6. Where required fire access road grade is 12 percent or greater. 7. When adequate fire protection is not available for vehicles parked in an open-air parking garage from fire apparatus at street level, approved dry standpipes shall be installed. B. Fire Department Connection (FDC). 1. FDCs shall be installed remote from the building, out of the collapse zone, in an approved location along a public street or fire apparatus access road and within 50 feet of a fire hydrant or as approved by the fire code official. Exception: In the downtown core, where a building fronts a public sidewalk, FDCs shall be on the face of the building. 2. FDCs shall be installed in accordance with the applicable NFPA and SCF's fire sprinkler standard. C. Fire Alarms and Detection Systems. In addition to the requirements of Section 907.2, an approved, monitored automatic fire alarm system shall be installed and maintained throughout all buildings, structures, floors, and suites described in this section. If conflicts exist between the IFC and this section, this section shall prevail. Fire alarm systems shall be installed per NFPA 72 and SCF's fire alarm standard. Partial area fire alarm systems are prohibited except where approved by the fire code official. Exception: Structures regulated by the International Residential Code. 1. In all new buildings and structures with a fire area of 3,000 or greater square feet, regardless of type or use. 2. In existing buildings and structures that undergo an addition where the new total fire area is 3,000 square feet or greater. 3. When required by the International Existing Building Code (IEBC) for existing buildings and structures undergoing additions, alterations, repairs or changes of occupancy. The classification of work level shall be deter- mined by the building and fire code official. 4. In existing buildings, structures or suites having an existing fire alarm system that does not protect all areas, when the building, structure, or suite undergoes an alteration, repair, modification, or similar improvement requiring a building permit, unprotected areas shall be provided with protection as approved by the fire code official. 5. In existing buildings, structures, suites, or areas that undergo additions, alter- ations, repair or modification that have fire sprinkler protection and lack a fire alarm sys- tem. 6. In building or suite provided with a fire alarm system, fire detection system, or supervised sprinkler system, but lacks ade- quate occupant notification appliances, audio/visual devices shall be installed as required by NFPA 72 and SCF's fire alarm standard. Systems and their components shall be listed and approved for the purpose for which they are installed. All new alarm systems shall be addressable and each device shall have its own address and shall annunciate individual addresses to an approved central station. All means of communication between the FACP and the central station shall be of a method approved by the fire code official and be provided with a minimum of 24 hours' standby power. Only components that are ser- viceable by a fire alarm technician shall be part of the means of communication located on the protected premises. The fire code official shall maintain a list of approved communication means. Partial area fire alarm and detection systems are prohibited except where approved by the fire code official. D. Systems Out of Service. For the first 48 hours, the owner may provide a competent adult to serve as a fire watch. After the initial 48 hours, the fire watch must be provided by a licensed and bonded private security company until the system is returned to full service. The (Revised 5/18) 19-38 Edmonds Community Development Code 19.25.045 owner must furnish the fire marshal with the name and contact information of the compe- tent adult and/or security company within eight hours of implementing a fire watch. Fire watch must be comply with SCF's fire watch standard. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.036 Dwelling fire sprinkler systems and connection fees. A. Where dwelling fire sprinkler systems are required to be installed in a dwelling (building containing one or two dwelling units) constructed under the International Res- idential Code (IRC), a single water connection may provide fire protection and domestic ser- vices through combination water lines utiliz- ing an integrated fire and plumbing flow - through piping system described in IRC Appendix Q (WAC 51-51-60105). B. Automatic sprinkler systems installed pursuant to subsection (A) of this section shall not be subject to the cost differential from gen- eral facility charges for connection to the pub- lic water system when an up -sized meter is required to meet the design flow rate for, and is solely attributable to, the installation of the automatic sprinkler system. All other costs, including the expense of a larger meter, a gen- eral facility charge attributable to the meter sized for the domestic service alone, and other permits and fees, shall remain the responsibil- ity of the owner. C. When automatic sprinkler systems designed for life safety and installed pursuant to subsection (A) of this section are integrated and dependent upon the domestic water supply of the residential dwelling unit, the property owner shall be responsible for maintaining the service connection and paying for an adequate supply of water to the residential dwelling unit. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 3, 2010]. 19.25.040 Fire protection water supplies. All fire hydrant, water main and appurte- nance installations shall meet the provisions of this chapter as well as other applicable plans, standards and codes adopted by the city of Edmonds, as a condition of approval of subdi- visions and building permits. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.045 Charges for water mains and hydrants. A. For private development, owners shall be responsible for the replacement (upgrade) of the existing public main (including fire hydrants and appurtenances) to city standard when identified by the city engineer as a con- dition of development approval. The city will pay the difference in material costs only between six inches and the size that is required to be installed only when the existing system is a looped system. B. A hydrant use permit issued by the pub- lic works director is required in order for any person or entity other than fire department per- sonnel to draw water from any fire hydrant. C. The installation of water mains, fire hydrants and appurtenances to properties not previously served shall be sized in accordance with the city's water comprehensive plan, built to city standard and shall be at the benefited property owner's or developer's expense. D. Oversized water mains required for spe- cial use demands relating to a particular prop- erty or development shall be installed at the developer's or property owner's expense. E. If the water mains installed pursuant to subsections (C) and (D) of this section provide service or benefits to properties other than owned by the water main installer, latecomer agreements may be arranged between the city and the installer for the construction and dedi- cation of the water facilities pursuant to the provisions of Chapter 35.91 RCW. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 19-39 (Revised 5/18) 19.25.050 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.050 Mains and service lines. A. All public hydrants in single-family areas shall be supplied by not less than six-inch looped water mains. All hydrants in areas other than single-family residential shall be supplied by not less than eight -inch looped water mains. Dead-end water mains to hydrants shall be at least eight inches in diameter, with the excep- tion of mains up to 50 feet long which may be no less than six inches in diameter. B. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be no less than eight inches in diameter. C. When city streets, or state highways having water mains in the public right-of-way, are improved to permanent street or highway improvement standards, any water mains in the public right-of-way of said streets or high- ways that are substandard as to size or material according to applicable city standards shall be replaced with ductile iron water mains con- forming to applicable city standards and plans. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.055 Location of public hydrants. A. Public hydrants are those owned by the city. B. All public fire hydrants shall be installed at street intersections where possible. Public hydrant spacing shall be measured along vehi- cle access routes. C. In areas zoned for one- and two-family residential use, public hydrants shall have a maximum lateral spacing of 600 feet with no lot or parcel in excess of 300 feet from a fire hydrant. D. In areas other than one- and two-family residential, public fire hydrants shall have a maximum lateral spacing of 300 feet with no structure in excess of 150 feet from a fire hydrant. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.060 Location of private hydrants. A. A private hydrant is privately owned, but is subject to use by the city for inspection and testing at reasonable times, and for fire suppression at any time. All private hydrants shall be connected to the city water main through a privately owned and maintained double detector check valve assembly. B. All buildings except one- and two-fam- ily dwellings that are located so that a portion is more than 200 feet from a street, as mea- sured along vehicle access routes, shall have private fire hydrants located at the building. One- and two-family dwellings with a fire - flow calculation area greater than 4,800 square feet may require a private hydrant. C. Buildings having required fire flows of 3,000 gallons per minute may have fire hydrants on one side of the building only. There shall never be fewer than two fire hydrants for any building larger than 5,000 square feet in the first floor area including cov- ered parking and storage. When the required fire flow is 3,000 gallons per minute or greater, the fire hydrants shall be served by a looped main around the building or complex of build- ings. D. Fire hydrants shall be spaced on average 300 feet around the perimeter line, 50 feet out of the buildings. All hydrants shall be placed in locations accessible to fire department vehi- cles adjacent to fire apparatus access roads. The fire marshal shall determine the location of fire hydrants depending on utility, topogra- phy and building location for maximum fire protection. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.065 Hydrant specifications. A. The installation of flush type hydrants (hydrants entirely below grade) is prohibited. (Revised 5/18) 19-40 Edmonds Community Development Code 19.25.070 B. Fire hydrants shall have two two -and - one -half -inch hose outlets and one four -and - one -half -inch pumper outlet. All outlets' ports shall have national standard thread. Addition- ally, the pumper outlet shall be provided with a four -inch Storz adapter. Fire hydrants shall meet the American Water Works Association Standard No. C-502 and current city standards. C. Fire hydrants and appurtenances shall be installed in accordance with generally accepted engineering practices and city stan- dards, and to the approval of the city engineer, who shall also approve the selection and use of all pipe fittings and valves. There shall be a foot valve installed between the service main and the hydrant sufficient to permit the repair and replacement of the hydrant without disrup- tion of water service. The foot valve shall be installed to city standards. The location of all such valves installed shall be properly and accurately marked on as -built plans or draw- ings with generally acceptable engineering detail, two copies of which shall be furnished to the public works department. Valves shall be furnished with a standard valve box. D. Hydrants shall stand plumb, be set to established street grade with the lowest outlet of the hydrant at least 18 inches above the adjacent finished grade and at least 36 inches of clear area around the hydrant for clearance of hydrant wrench on both outlets and on the control valve. The pumper port shall face the street, as determined by the fire marshal. E. Where reasonably necessary to protect a hydrant from damage, the fire marshal may require hydrants to be protected by two or more posts, eight inches in diameter by five feet long, made either of reinforced concrete or steel. F. If there presently exist fire hydrants which do not conform to these requirements, they shall be replaced with conforming hydrants upon redevelopment or the timetable established by the city's comprehensive plan. G. No person shall plant any vegetation, erect any structure or perform any action which results in the obstruction of a fire hydrant for a distance of 50 feet along the immediate route of approach. The owner - occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than five feet. The purpose of this section is to maintain clear approach and visual area around the hydrant. H. The installation of the fire hydrants and mains may be accomplished by city capital contract, developers (as a condition of devel- opment) or public works department employ- ees. All installations are to be approved by the city engineer. I. Following the installation of fire hydrants, all pipes, valves and hydrants shall be pressure tested, purified, flushed and sam- pled to meet the requirements of the American Water Works Association Standard No. C- 502. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. 19.25.070 Penalties. A. Any person who violates any of the pro- visions of the IFC including those standards of the National Fire Protection Association spe- cifically referenced in the IFC as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in viola- tion of any detailed statement of specifications or plans submitted and approved thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by decision of the city's board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a gross misdemeanor, punishable as provided in ECC 5.50.020. B. The imposition of one penalty for any violation shall not excuse the violation nor per- mit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when 19-40.1 (Revised 5/18) 19.30.000 not otherwise specified, each day that prohib- ited conditions exist or are maintained shall constitute a separate offense. The application of the above penalty shall not be held to pre- vent the enforced removal of prohibited condi- tions. [Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010]. Chapter 19.30 ENERGY CODE Sections: 19.30.000 State Energy Code adopted. 19.30.000 State Energy Code adopted. The Washington State Energy Code, 2015 Edition, as adopted and amended by the Wash- ington State Building Code Council in Chapter 5 1 -11 WAC, is hereby adopted. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 5, 2010]. (Revised 5/18) 19-40.2 Edmonds Community Development Code 20.11.030 the event of ambiguity or conflict, the specific provisions of the urban design chapter shall control. B. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substan- tial deference and may be overcome only by clear and convincing evidence. [Ord. 3636 § 2, 2007]. 20.11.030 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 from the street level; 4. Long, massive, unbroken or monoto- nous buildings shall be avoided in order to comply with the purposes of this chapter and the design objectives of the comprehensive plan. This criterion is meant to describe the entire building. All elements of the design of a building including the massing, building forms, architectural details and finish materi- als contribute to whether or not a building is found to be long, massive, unbroken or monot- onous. a. In multifamily (RM) or commer- cial zones, selections from among the follow- ing or similar features are appropriate for dealing with this criterion: i. Windows with architectural fen- estration; ii. Multiple rooflines or forms; iii. Architecturally detailed en- tries; iv. Appropriate landscaping; v. The use of multiple materials; 5. All signs should conform to the gen- eral design theme of the development. 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 to protect natural resources, limit disturbance of native soils, and encourage low impact devel- opment. 2. Landscape treatment shall be pro- vided to enhance the building design and other site improvements. 3. Landscape treatment shall 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, shall 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. 20-12.4o (Revised 5/18) 20.11.040 8. Exterior lighting shall be the mini- mum necessary for safety and security. Exces- sive brightness shall be avoided. All lighting shall be low-rise and directed downward onto the site. Lighting standards and patterns shall 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. [Ord. 4085 § 9 (Exh. A), 2017; Ord. 3636 § 2, 2007]. 20.11.040 Appeals. All design review decisions of the hearing examiner or the ADB are appealable to the city council as provided in Chapter 20.07 ECDC. [Ord. 3736 § 40, 2009; Ord. 3636 § 2, 2007]. 20.11.050 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 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-year extension shall com- mence 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 a Type I decision (Staff decision — No notice required). [Ord. 3736 § 41, 2009; Ord. 3636 § 2, 2007]. (Revised 5/18) 20-12.4p Edmonds Community Development Code 20.13.020 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 stormwater facilities, fencing, walls, building, curbing, and signs) that may affect the overall landscape; I. Parking layout, including circulation, driveway location, parking stalls and curbing (see ECDC 20.13.020(D)); I Grading shown by contour lines (mini- mum five-foot intervals), spot elevations, sec- tions or other means; K. Location of irrigation system (see ECDC 20.13.020(E)). [Ord. 4085 § 10 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 20.13.015 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 -inch caliper street trees; one -and -one -half -inch caliper other deciduous trees; • eight feet minimum height — vine maples and other multistemmed trees; • six feet minimum height — evergreen trees; • eighteen inches 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 feet 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 preservation 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 pots 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. [Ord. 3636 § 4, 2007]. 20.13.020 General design standards. A. Preference shall be given to 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 plants. Avoid continuous, long, unbroken, straight rows of a single plant where possible. C. Existing vegetation that contributes to the attractiveness of the site should be retained. 20-12.5 (Revised 5/18) 20.13.025 Existing significant trees and shrubbery (six-inch caliper or more) must be shown on the proposed landscape plan and saved and incorporated into the landscape plan, if they are reasonably attractive and of good quality. D. Curbs shall be provided as needed to contain landscaping in planter areas. E. Automatic irrigation is required for all ADB-approved landscaped areas for projects which have more than four dwelling units, 4,000 square feet of building area or more than 20 parking spaces. F. All planting areas should be at least four feet wide between curbs. G. When selecting tree species, consider- ation should be given to pedestrian and vehic- ular use, as well as impacts to surrounding utilities. H. All plants shall be compatible with the character and climate of the Pacific Northwest. Shrubs and/or groundcover are required to provide 75 percent ground coverage within three years. I. Repealed by Ord. 4085. J. Landscaping must be provided in adja- cent rights -of -way between property line and curb or street edge and shown on the landscape plan. K. Street trees must be planted according to the city's street tree plan. Contact the planning division for details. L. Street trees should be installed within four feet of either side of the property line. M. Landscaping should be tall enough to soften any dumpster enclosures located in planting areas. N. Trees and very large shrubs should be planted at least five feet from any water/sewer lines. Landscape plantings shall reflect consid- eration of plantings in relation to utility lines. O. Utility boxes should be screened with landscaping without blocking access. P. Species approved within a landscape plan shall have a growth pattern in scale with the development and be consistent with the preservation of significant views and height limit for the zoning district. Q. Stormwater LID best management prac- tice integration into overall landscape design is strongly encouraged, where feasible. R. Consideration of a variation to the max- imum planter size will be given when the planter area is also functioning as a bioreten- tion or rain garden facility. See requirements in Chapter 18.30 ECDC. S. Landscaping used as part of a low impact development stormwater facility may be counted towards meeting the requirements of this chapter. [Ord. 4085 §§ 11 — 14 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 20.13.025 General planting standards. A. Blank Building Walls. 1. Blank building walls should be soft- ened by landscaping. 2. Landscaping should include trees and shrubs — mostly evergreen. 3. Trees should be planted an average of 20 feet on center either formally or in clusters. B. Foundation Planting. 1. Trees and shrubs should soften the building elevation and soften the transition between the pavement and the building. 2. Plantings may be in informal or for- mal arrangements (see ECDC 20.13.020(A) and (B)). 3. Landscaping should be planted in all areas except service areas. 4. Planting areas should be at least four feet wide. [Ord. 3636 § 4, 2007]. 20.13.030 Landscape types. A. Type I Landscaping. Type I landscaping is intended to provide a very dense sight bar- rier to significantly separate uses and land use districts. 1. Two rows of evergreen trees, a mini- mum of 10 feet in height and planted at inter- vals of no greater than 20 feet on center. The trees must be backed by a sight -obscuring fence a minimum of five feet high or the required width of the planting area must be increased by 10 feet; and (Revised 5/18) 20-12.6 Edmonds Community Development Code 20.13.030 2. Shrubs a minimum of three and one- half feet in height planted in an area at least five feet in width, and other plant materials, planted so that the ground will be covered within three years; 3. Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet in width and an average of five feet high along its midline. B. Type II Landscaping. Type II landscap- ing is intended to create a visual separation between similar uses. 1. Evergreen and deciduous trees, with no more than 30 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 20 feet on center; and 2. Shrubs, a minimum of three and one- half feet in height and other plant materials, planted so that the ground will be covered within three years. C. Type III Landscaping. Type III land- scaping is intended to provide visual separa- tion of uses from streets, and visual separation of compatible uses so as to soften the appear- ance of streets, parking areas and building ele- vations. 1. Evergreen and deciduous trees, with no more than 50 percent being deciduous, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; and 2. If planted to buffer a building eleva- tion, shrubs, a minimum of three and one-half feet in height, and living ground cover planted so that the ground will be covered within three years; or 3. If planted to buffer a parking area, access, or site development other than a build- ing, any of the following alternatives may be used unless otherwise noted: a. Shrubs, a minimum of three and one-half feet in height, and living ground cover must be planted so that the ground will be cov- ered within three years. b. Earth -mounding, an average of three and one-half feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years. This alternative may not be used in a downtown or waterfront area. c. A combination of earth mounding, opaque fences and shrubs to produce a visual barrier at least three and one-half feet in height. D. Type IV Landscaping. Type IV land- scaping is intended to provide visual relief where clear sight is desired to see signage or into adjacent space for safety concerns. 1. Trees shall be deciduous and planted 25 feet on center and the trunk shall be free of branches below six feet in height. 2. Plant materials which will cover the ground within three years, and which will not exceed three and one-half feet in height. E. Type V Landscaping. Type V landscap- ing is intended to provide visual relief and shade in parking areas. 1. Required Amount. a. If the parking area contains no more than 50 parking spaces, at least 17.5 square feet of landscape development must be provided as described in subsection (E)(2) of this section for each parking stall proposed. b. If the parking area contains more than 99 parking spaces, at least 35 square feet of landscape development must be provided as described in subsection (E)(2) of this section for each parking stall proposed. c. If the parking area contains more than 50 but less than 100 parking spaces, the director — or his designee — shall determine the required amount of landscaping by interpolat- ing between 17.5 and 35 square feet for each parking stall proposed. The area must be land- scaped as described in subsection (E)(2) of this section. 2. Design. a. Each area of landscaping must contain at least 150 square feet of area and must be at least four feet in any direction exclusive of vehicle overhang. The area must contain at least one tree a minimum of six feet in height and with a minimum size of one and one-half inches in caliper if deciduous. The 20-12.7 (Revised 5/18) 20.13.040 remaining ground area must be landscaped with plant materials, decorative mulch or unit pavers. b. A landscaped area must be placed at the interior ends of each parking row in a multiple -lane parking area. This area must be at least four feet wide and must extend the length of the adjacent parking stall. c. Up to 100 percent of the trees pro- posed for the parking area may be deciduous. d. Repealed by Ord. 4085. e. The minimum area per planter is 64 square feet. f. The maximum area per planter is 1,500 square feet for parking lots greater than 12,000 square feet. Planters shall be spread throughout the parking lot. g. Shade trees are required at the rate of a minimum of one per planter and/or one per 150 square feet of planter. [Ord. 4085 § 15 (Exh. A), 2017; Ord. 3636 § 4, 2007]. 20.13.040 Landscape bonds. A. An itemized cost estimate, covering landscaping and irrigation, must be submitted for use in determining the landscape bond amount. The city will use this estimate to set the amount of the landscape performance bond. B. A performance bond will be required for release of the building permit. This bond will be used to cover installation of required land- scaping, fences or screening for service areas. C. Landscaping must be installed prior to issuance of certificate of occupancy (for multi- ple -family and single -tenant commercial buildings) or a certificate of completion (for multiple -tenant commercial buildings). D. Once the landscaping has been installed, a 15 percent maintenance bond is required for release of the performance bond. Any plants that die within two years of installation must be replaced before the maintenance bond can be released. Upon inspection and approval, the maintenance bond may be released after two years. [Ord. 3636 § 4, 2007]. 20.13.050 Urban design chapter adopted. In aid of the design review criteria estab- lished pursuant to Chapters 20.10 ECDC, et seq., the urban design chapter is hereby adopted in that form shown on Exhibit A attached to the ordinance codified in this chap- ter. Such exhibit is incorporated by this refer- ence as fully as if herein set forth. These criteria shall be applied in accordance with the provisions of ECDC 20.12.070(A). The city clerk and planning department shall maintain copies for the public and shall make the stan- dards available online. [Ord. 3636 § 5, 2007]. (Revised 5/18) 20-12.8 Edmonds Community Development Code 20.35.050 f. The enhanced design standards contained in this title. 2. No modification of height limits shall be permitted in the PRD process. 3. Since the PRD process does not authorize the division of land, housing types that require the division of land will require a short or long subdivision. B. PRDs are not rezones. In no event shall use of a PRD result in an expansion of the uses permitted by the underlying zone, or in density in excess of the maximum established by the comprehensive plan and zoning ordinances. [Ord. 3465 § 1, 2003]. 20.35.040 Criteria for establishing alternative development standards. Approval of a request to establish an alter- native development standard using a PRD dif- fers from the variance procedure in that rather than being based upon a hardship or unusual circumstance related to a specific property, the approval of alternative development standards proposed by a PRD shall be based upon the cri- teria listed in this section. In evaluating a PRD which proposes to modify the development standards of the underlying zone, the city shall consider and base its findings upon the ability of the proposal to satisfy all of the following criteria, if applicable: A. The proposed PRDs shall be compatible with surrounding properties in the following respects: 1. Provide landscaping for projects seeking to cluster lots under ECDC 20.35.030(A)(1)(b) through the design review process and greater buffering of buildings, parking and storage areas than would other- wise be provided through the subdivision pro- cess, 2. Providing safe and efficient site access, on -site circulation and off-street park- ing, and 3. Architectural design of buildings and harmonious use of materials as determined by the ADB in accordance with ECDC 20.35.060; B. No setback from the exterior lot lines of the PRD may be reduced from that required by the underlying zoning unless a variance or sub- division modification is approved; C. Minimize the visual impact of the planned development by reduced building vol- umes as compared with what is allowable under the current zoning or through landscape or other buffering techniques; D. Preserve unique natural features or his- toric buildings or structures, if such exist on the site; and/or E. Reduction of impervious surfaces through the use of on -site or common parking facilities rather than street parking. [Ord. 3465 § 1, 2003]. 20.35.050 Decision criteria for PRDs. Because PRDs provide incentives to appli- cants by allowing for flexibility from the bulk zoning requirements, a clear benefit should be realized by the public. To ensure that there will be a benefit to the public, a PRD which seeks alternative bulk standards shall be approved, or approved with conditions, only if the pro- posal meets the following criteria: A. Design Criteria. The project must comply with the city's urban design guidelines set forth in subsection (A)(1) of this section and provide two or more of the results set forth in subsec- tions (A)(2) through (A)(5) of this section: 1. Architectural design consistent with the city's urban design guidelines for multi- family projects or ECDC 20.35.060 for single- family projects for the design, placement, rela- tionship and orientation of structures; 2. Improve circulation patterns by pro- viding connections (a) to the city's street sys- tem beyond those which may be compelled under state law, or (b) to the city's alternative transportation systems, such as bike or pedes- trian paths accessible to the public; 3. Minimize the use of impervious sur- facing materials through the use of alternate materials or methods such as open -cell grid pavers or shared driveways; 20-59 (Revised 5/18) 20.35.060 4. Increase through the addition of usable open space or recreational facilities on site above the minimum open space required by ECDC 20.35.060(B)(6); 5. Preserve, enhance or rehabilitate sig- nificant natural features of the subject property such as woodlands, wildlife habitats or streams, historic or landmark structures or other unique features of the site not otherwise protected by the community development code. B. Public Facilities. The PRD shall be served by adequate public facilities including streets, bicycle and pedestrian facilities, fire protection, water, stormwater control, sanitary sewer, and parks and recreation facilities. C. Perimeter Design. The design of the perimeter buffer shall either: 1. Comply with the bulk zoning criteria applicable to zone by providing the same front, side and rear yard setbacks for all lots adjacent to the perimeter of the development; and/or 2. In addition to the setback required by the underlying zone (see ECDC 20.35.040(B)), provide a landscape buffer, open space or pas- sive use recreational area (hereafter "buffer"). The depth of the buffer shall be at least equal to the depth of the rear yard setback applicable to the zone; provided, that where the exterior lot line abuts a public way, the buffer shall be at least equal to the depth of the front yard setback required by the zone. The depth of the buffer shall be measured perpendicular to the bound- ary of the exterior property line setback. If such a buffer is provided, interior setbacks may be flexible and determined in accord with ECDC 20.35.030. D. Open Space and Recreation. Usable open space and recreation facilities shall be provided and effectively integrated into the overall development of a PRD and surrounding uses and consistent with ECDC 20.35.060(B)(6). "Usable open space" means common space developed and perpetually maintained at the cost of the development. At least 10 percent of the gross lot area and not less than 500 square feet, whichever is greater, shall be set aside as a part of every PRD with five or more lots. Exam- ples of usable open space include playgrounds, tot lots, garden space, passive recreational sites such as viewing platforms, patios or outdoor cooking and dining areas. Required landscape buffers and critical areas except for trails which comply with the critical areas ordinance shall not be counted toward satisfaction of the usable open space requirement. [Ord. 4085 § 16 (Exh. A), 2017; Ord. 3822 § 2, 2010; Ord. 3806 § 2, 2010; Ord. 3787 § 4, 2010; Ord. 3465 § 1, 2003]. 20.35.060 Single-family design criteria. Because PRDs may utilize alternative bulk development standards in residential zones, the following single-family design criteria are established to ensure that development of PRDs in single-family zones will maintain a single-family character. Although the criteria listed here are not necessarily consistent with every design characteristic of every single- family neighborhood in the city of Edmonds, the criteria have been developed to create a reasonable single-family residential setting. The intent behind these criteria is to ensure a high quality of design and construction for all buildings located in single-family neighbor- hoods where development standards may be modified through the PRD process. A. Building Design. 1. Characteristics of Single -Family De- velopment. a. To demonstrate a residential qual- ity, single-family homes should have a strong connection between the street and the house. This can be accomplished by providing a pedestrian access or walk from the street to the front door or porch. (Revised 5/18) 20-60 Edmonds Community Development Code 20.35.080 impact should be identified and addressed before the proposal is submitted for formal review. 2. Pre -Application Neighborhood Meet- ing. The applicant shall host a public pre -appli- cation neighborhood meeting to discuss and receive public comment on the conceptual pro- posal. The applicant shall provide notice of this meeting to all property owners within 300 feet of the subject site by depositing written notice in the U.S. Mail postage paid at least 14 calendar days in advance of the meeting to all persons and entities shown as having an own- ership interest in the land records of Snohom- ish County. An affidavit of mailing shall be provided to the city by the applicant attaching its mailing list. While this meeting will allow immediate public response to the proposal in its concep- tual form, comments submitted during this meeting are not binding to the applicant or staff. However, staff may make general recom- mendations to the applicant as part of the for- mal application based on the input from this meeting to the extent that said comments are consistent with the adopted provisions of the Edmonds Community Development Code and the comprehensive plan. As a courtesy, the applicant shall provide summary minutes of the meeting to all of those in attendance within two weeks of the date of the meeting. 3. Review by the Architectural Design Board. The design board will review the proj- ect for compliance with the urban design guidelines, landscaping, and/or the single- family design criteria in ECDC 20.35.060 and forward their recommendation of the site and building design on to the hearing examiner for his consideration. Their review will be at one of their regularly scheduled meetings, but will not include a public hearing or the ability for the public to comment on the project. 4. The Public Hearing with the Hearing Examiner. The hearing examiner shall review the proposed PRD for compliance with this section as a Type III-B decision. If, after all appeals are exhausted, the proposal is denied, a similar plan for the site may not be submitted to the development ser- vices department for one year. A new plan which varies substantially from the denied proposal, as determined by the development services director, or one that satisfies the objections stated by the final decision -maker may be submitted at any time. 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 permit 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. B. The second stage of the PRD process, the final PRD, consists of the city's review of the final plans for consistency with the prelim- inary PRD as approved. The decision at this stage will be made by city staff unless the final PRD is submitted as a consolidated application with a permit that requires city council review, i.e., a formal subdivision plat. The final PRD will be subject to the following review: 1. The applicant shall submit the final development plan to the development services director, conforming to the preliminary plan as approved, and all applicable conditions of that approval. The planning manager shall review the plan along with the city engineer and make a final decision. The plan shall contain final, precise drawings of all the information required by ECDC 20.35.030. The applicant shall also submit all covenants, homeowners' association papers, maintenance agreements, and other relevant legal documents. 2. If city staff finds that the final devel- opment plan conforms to the preliminary approval, and to all applicable conditions, staff shall approve the plan and its accompanying conditions as a covenant which touches and concerns the subject property, incorporating by reference all maps, drawings and exhibits 20-62.1 (Revised 5/18) 20.35.090 required to specify the precise land use autho- rized. A file shall be maintained by the devel- opment services department containing all maps and other documents or exhibits referred to in the approval. The approval shall also con- tain a legal description of the boundary of the proposal. The covenant shall be recorded with the county auditor if no subdivision plat is to be recorded. 3. The provisions of approval shall be restrictions on the development of the site. Revocation of approval or abandonment as provided in this chapter shall eliminate all requirements imposed under the planned resi- dential development plan, such as alternative bulk development standards, and shall cause the old underlying bulk development standards to be in full force and effect. [Ord. 3822 § 1, 2010; Ord. 3787 § 3, 2010; Ord. 3465 § 1, 2003]. 20.35.090 Final approval. A. Time Limit for Submission — Extension. Within a period of five years following the approval of the preliminary PRD, the applicant shall file with the planning department a final development plan. The planning manager, for good cause, may extend for one year the period for filing of the final development plan. B. Final Development Plan — Failure to Submit. If the applicant fails to apply for final approval for any reason within the five-year period, the PRD shall become void. All future permits shall be subject to the requirements of the underlying use zone unless a new applica- tion for a planned development is submitted and approved. C. Final Development Plan — Content — Final Approval Procedure. 1. The final development plan shall con- sist of elements presented for preliminary approval. The procedure involved in final approval shall consist of the following: a. The final development plan shall be submitted to the planning department. b. The planning staff shall review the final development plan to see that it is in sub- stantial compliance with the previously approved preliminary development plan. c. All drawings presented in the pre- liminary development stage shall be presented in detailed form, e.g., landscaping, circulation, utilities, building location, and LID elements. d. If the final plan is in substantial compliance with the approved preliminary plan, it shall be sent on to the decision -making body as determined by the underlying permit process with a recommendation for approval by the planning manager and the city engineer. D. Final Review Criteria. 1. A plan submitted for final approval shall be deemed to be in substantial compli- ance with the plan given preliminary approval, provided any modification by the applicant does not: a. Increase the residential density; b. Reduce the area set aside for com- mon open space; c. Relocate the open space in a man- ner which makes it less accessible or usable to the tenants of the development or in the case of proposed open space to be dedicated to the public, less accessible or usable to the public; d. Reduce any of the landscape buf- fers in width or density or quality of proposed landscaping; e. Change the point(s) of access to different streets or eliminate required connec- tions to alternative transportation systems such as trails or bike paths; f. Increase the total ground area cov- ered by buildings or other impervious sur- faces; g. Relocate buildings or impervious surfaces to areas designated as "environmen- tally sensitive" or "critical areas"; and/or h. Fail to preserve trees, historical, other unique natural features or landmark structures that were required to be preserved by the preliminary planned development approval. [Ord. 4085 § 17 (Exh. A), 2017; Ord. 3465 § 1, 20031. (Revised 5/18) 20-62.2 Edmonds Community Development Code 20.75.035 20.75.010 Citation of chapter. This chapter may be cited as the City of Edmonds Subdivision Ordinance and shall supplement and implement the state regula- tions of plats, subdivisions and dedications found in Chapter 58.17 RCW. [Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.020 Purposes. The purposes of this chapter are: A. To regulate the subdivision of land and to promote the public health, safety and gen- eral welfare in accordance with state standards to prevent overcrowding of land; B. To lessen congestion in the streets and highways; C. To facilitate adequate provisions for water, utilities, sewerage, storm drainage, parks and recreation areas, sites for schools and playgrounds, and other public require- ments; D. To provide for proper ingress and egress, while minimizing impervious surfaces; E. To require uniform monumenting of subdivisions and accurate legal descriptions of subdivided lots; F. To promote the preservation of critical areas and encourage low impact development; G. To encourage site design that can make the best use of renewable energy resources including solar and geothermal; H. To encourage low impact development (LID) practices when providing for streets and sidewalks. [Ord. 4085 § 18 (Exh. A), 2017; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.025 Scope. This chapter shall apply to all divisions of land for any purpose except those set forth in RCW 58.17.040, including but not limited to: A. Divisions for cemetery plots or other burial plots; B. Divisions made by testamentary provi- sions, or by the laws of descent; C. Divisions for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land and the city of Edmonds has approved a binding site plan for the use of the land in accordance with this chapter. Divisions under subsections (A) and (B) of this section will not be recognized as lots for building purposes unless all applicable requirements of this chapter are met. [Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.030 Subdivision defined. A. "Subdivision" means a division of land into lots of any size for the purpose of sale. The term subdivision includes all resubdivisions of land, short subdivisions, and formal subdivi- sions. The term "lot" includes tracts, parcels, sites and divisions. The term "sale" includes lease gift or development or any purpose not excepted in this section. When reference to "subdivision" is made in this code, it is intended to refer to both "formal subdivision" and "short subdivision" unless one or the other is specified. B. "Formal subdivision" means a subdivi- sion of five or more lots. C. "Short subdivision" means a subdivision of four or fewer lots. D. "Unit lot subdivision" means a subdivi- sion or short subdivision of land under ECDC 20.75.045 where compliance with the develop- ment standards is evaluated with respect to the parent lot, not the unit lot. E. "Parent lot" means the lot with legal lot status which establishes the exterior boundary of a unit lot subdivision. F. "Unit lot" means a portion of a parent lot, the fee of which may be independently trans- ferred upon recording of a unit lot subdivision. [Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.035 Compliance required. Any person wishing to create a subdivision or lot line adjustment must first comply with this chapter. [Ord. 4070 § 1 (Exh. 1), 2017]. 20-77 (Revised 5/18) 20.75.040 20.75.040 Application. Applications for subdivisions shall be made to the community development director on forms provided by the community develop- ment department. A subdivision application will be processed concurrently with any appli- cations for rezones, variances, planned unit developments, site plan approvals and other similar approvals, that relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The applica- tion shall contain the following items in addi- tion to those specified in ECDC 20.02.002: A. A reproducible copy of the preliminary plat and the number of prints required by the community development department; B. Title report; C. A survey map, if required by the com- munity development director, of the exterior boundaries of the land to be subdivided, pre- pared by, and bearing the seal and signature of, a professional land surveyor registered in the state of Washington. This map can be com- bined with the preliminary ECDC 20.75.050 plat at the applicant's option; 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. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 62, 2009; Ord. 2379 § 1, 1983]. 20.75.045 Unit lot subdivision. A. Purpose. The unit lot subdivision pro- cess provides opportunities for dividing fee simple ownership of land to create town- houses, rowhouses and similar fee -owned dwelling units as an alternative to both condo- minium ownership and traditional single-fam- ily detached subdivision. Unit lot subdivisions determine compliance with the relevant dimensional standards of ECDC Title 16 by analyzing whether the parent lot complies, but not requiring that each newly created lot within the unit lot subdivision (the unit lot) complies, with those dimensional standards. A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which the unit lot subdivision is proposed. B. Applicability. The provisions of this sec- tion apply exclusively to the subdivision of land for single-family dwelling units, town- house, and rowhouses and may be applied only in the following zones: multiple residential, general commercial, and Westgate mixed -use. A single lot within a unit lot subdivision may contain multiple dwelling units when the unit lot contains all such dwelling units within one building. Flats are permitted as an element of a unit lot subdivision only when a single lot within a unit lot subdivision contains the entire building in which flats are located. C. Association with Site Development — Application Timing. In the case of a vacant lot or a redevelopment site, a preliminary unit lot subdivision can only be submitted in conjunc- tion with or subsequent to a development site plan as required by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC 20.10.020(B)(3) submitted in conjunction with or subsequent to a building permit. D. Conformance with Standards of the Par- ent Lot. The parent lot must comply with and is vested to the applicable development stan- dards (ECDC 20.75.030(E)) in effect at the time a complete application for preliminary unit lot subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots (Revised 5/18) 20-78 Edmonds Community Development Code 20.75.045 within the subdivision may be nonconforming with respect to the bulk and dimensional stan- dards required by ECDC Title 16. As with dimensional standards, compliance with access standards, including but not lim- ited to fire lanes, drive aisles, turn-arounds, and access of/to the parent lot from/to the street will be evaluated based on the parent lot's compliance with such requirements, and not based on whether individual unit lots meet such standards. 20-78.1 (Revised 5/18) This page left intentionally blank. (Revised 5/18) 20-78.2 Edmonds Community Development Code 21.50.020 Chapter 21.47 "J" TERMS (Reserved) Chapter 21.50 "K" TERMS Sections: 21.50.010 Kennel. 21.50.020 Kitchen. 21.50.010 Kennel. (See, Commercial Kennel.) 21.50.020 Kitchen. Kitchen means any room used for cooking or preparation of food. 21-13 (Revised 5/18) 21.55.005 Chapter 21.55 "L" TERMS Sections: 21.55.005 Repealed. 21.55.007 Local public facilities. 21.55.010 Lot. 21.55.015 Lot of record. 21.55.020 Lot area. 21.55.030 Lot depth. 21.55.040 Lot line. 21.55.050 Lot width. 21.55.060 Landslide hazard area and earth subsidence. 21.55.070 Low impact development (LID). 21.55.005 Lattice tower. Repealed by Ord. 3845. [Ord. 3099 § 8, 1996]. 21.55.007 Local public facilities. Local public facilities mean any community facilities operated by a unit of local, state or federal government (or by a third party on behalf of a unit of local, state or federal gov- ernment) primarily sited, designed, con- structed, and operated for the purpose of providing public health, safety and welfare services to the immediate area or neighbor- hood in which the facilities are sited. Local public facilities include, but are not limited to: police stations, fire stations, branch libraries, bus -stop shelters, electrical substations, water pump stations, community clubhouses, parks and recreation special use areas, branch administrative offices of a governmental entity, and associated storage and maintenance buildings and yards. [Ord. 3723 § 1, 2009; Ord. 3679 § 2, 2008; Ord. 3353 § 16, 2001]. 21.55.010 Lot. Lot means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. For purposes of this code, adjoining lots under common ownership, which were created without subdivision or short subdivision approval from applicable city or county governments, shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements. (See also, Corner Lot, Flag Lot, Interior Lot, and Irregular Lot.) [Ord. 3982 § 1, 2014]. 21.55.015 Lot of record. Lot of record means a single tract of land meeting any one of the criteria listed below. A. Platted lots: 1. Any lot whose boundaries were estab- lish in a recorded plat or short plat. 2. Any lot whose boundaries were estab- lish in an unrecorded short plat approved by the city of Edmonds between July 3, 1956, and March 19, 1974 (not all short plats were required to be recorded). 3. Any combination of two or more lots shoring a side lot line as depicted in the follow- ing recorded plats: a. City of Edmonds. b. Brackett's First Addition. c. Gephart's First Addition. d. Kellogg's Plat of Edmonds. e. Albert B. Lord's Grandview Addi- tion. 4. Any lot established by Snohomish County prior to the property's being annexed into the city of Edmonds and: a. Whose boundaries were estab- lished by transfer of ownership before Septem- ber 12, 1972, and the lot met all zoning and subdivision requirements in effect at the time of its creation. b. Whose boundaries were estab- lished between August 19, 1969, and Septem- ber 12, 1972, by county approved short plat but not recorded with the county auditor's office. c. Whose boundaries were estab- lished on or after September 12, 1972, by county approved and recorded short plat. (Revised 5/18) 21-14 Edmonds Community Development Code 21.55.070 d. Whose boundaries were estab- lished by county approved and recorded for- mal plat. B. Unplatted lots: 1. Lots created by deed prior to July 3, 1956. 2. Lots created through court order, will and testament, or other process listed as exempt from platting requirements by RCW 58.17.035, 58.17.040 or through an exemption from platting regulations provided by law at the time of creation of the parcel. 3. Lots that have been recognized through a previous lot determination review as legal lots. [Ord. 3982 § 2, 2014]. 21.55.020 Lot area. Lot area means the total horizontal area within the boundary lines of a lot. Lot area shall normally exclude any street rights -of - way and access easements. If additional right- of-way has been required in accordance with the provisions of ECDC 18.80.010, note 4, as the same exists or is hereafter amended, lot area shall be calculated to include the addi- tional right-of-way required over and above the standard established by that section. [Ord. 2713, 1989]. 21.55.030 Lot depth. Lot depth means the depth of the lot mea- sured on a line approximately perpendicular to the fronting street and midway between the sidelines of the lot. 21.55.040 Lot line. Lot line means any line enclosing the lot area. (See also, Rear Lot Line, Side Lot Line, and Street Lot Line.) 21.55.050 Lot width. Lot width identifies the minimum diameter of a lot width circle that must fit within a lot. This circle establishes that at least some por- tion of a lot must be at least as wide as the min- imum lot width. The lot width circle shall not include Type 1 streams, Type 2 streams, Class 1 wetlands, and/or Class 2 wetlands. Examples showing the application of lot width circles are illustrated below. Note that the lot width circle may be placed within setbacks. However, the lot width circle does not determine structure placement; setbacks determine placement of a structure on the lot. Meets Requiree mnts: Entire lot width circle fits within lot boundary, and does not include restricted critical area. Meets Requirements: Entire lot width circle fits within lot bound I I Restricted critical area Does Not Meet Requirements: ' Lot circle does not fit within lot boundary. L _ _ _I = proposed structure location meeting setbacks. [Ord. 3346 § 1, 2001]. 21.55.060 Landslide hazard area and earth subsidence. Those areas identified in the Roger Lowe Associates, Inc. report as on file with the city clerk and the accompanying landslide hazard map as having a greater than zero percent probability of landslide or subsidence hazard. [Ord. 2445 § 2, 1984]. 21.55.070 Low impact development (LID). A stormwater management and land devel- opment strategy applied at the parcel and sub- division scale that emphasizes conservation and the use of on -site natural features. See Chapter 18.30 ECDC, Stormwater Manage- ment, for additional LID -related terms, includ- ing "impervious surface," "bioretention," "pervious surface" and "on -site stormwater management BMP." [Ord. 4085 § 21 (Exh. A), 2017]. 21-14.1 (Revised 5/18) This page left intentionally blank. (Revised 5/18) 21-14.2 Edmonds Community Development Code 22.100.060 7. Recommended materials include: brick, concrete, unit pavers, tile, stone and wood (some seating). 8. No dumpsters or service areas shall be adjacent to open space. 9. Public restrooms should be located nearby in an accessible public space. Various forms of landscaping, including trees, planted areas, hanging plants, trellises and uses of potted plants, and site lighting, help to create an inviting and attractive ambiance within the development. A well -designed landscape plan will help to provide walkable connections and usable open space throughout the project. B. Landscaping — Parking Lots. 1. Parking areas shall be screened from pedestrian -oriented areas through the use of trees, shrubs, walls and/or trellis structures with plants. 2. Parking lots shall provide landscap- ing next to buildings and along walkways. Landscape beds within parking lots shall have a 90 percent ground coverage in five years. 3. Parking areas shall have at least one tree per every 10 parking stalls. C. Screening Elements. Intent: To mini- mize the negative visual impacts of service and storage elements (e.g., waste receptacles, load- ing docks) to the street and pedestrian environ- ment. 1. On -Site Service Areas. All on -site service areas, loading zones, outdoor storage areas, garbage collection and recycling areas shall be located in an area not visible from public streets or important pedestrian areas of the site. These areas shall be enclosed and screened around their perimeter by a wall or fence at least seven feet high. Service areas should be located and designed for easy access by service vehicles and for convenient access by each tenant. 2. Service elements shall be located and designed to minimize the impacts of the pedes- trian environment and adjacent uses. Service elements should generally be concentrated and located where they are accessible to service vehicles and convenient for tenant use. 3. Roof -mounted mechanical equip- ment, meters and similar structures and other similar elements shall be located so as to not be visible from the street, public open space, parking areas, or from the ground level of adja- cent properties. Screening features shall blend with the adjacent buildings and project as a whole. [Ord. 4085 § 19 (Exh. A), 2017; Ord. 3760 § 2 (Exh. A), 2009]. 22.100.060 Signage. A. I. Design Intent. a. To encourage signage that is clear, attractive and of an appropriate scale for the project. b. To provide consistent design crite- ria for the entire project. c. To enhance the visual qualities of signage through the use of complementary sizes, colors and methods of illumination. d. To provide signage guidelines that meet commercial tenant needs. 22-19 (Revised 5/18) 22.100.060 2. General Signage. Types of signage fall into several categories: Tenant signs (large and small), site entry markers and identification signs, wayfin- ding signage, and environmental graphic design elements. WQ Blade sign 2. Signage shall be designed as an inte- gral element of the building's architecture. Wall and blade signs shall not interfere with architectural details or disrupt the rhythm of windows. 3. Signage shall make a positive contri- bution to the overall visual character of the streetscape. Signs shall be appropriately sized with the scale of the building. Materials and colors used in the construction of signs shall be compatible with the overall design of the site. Retail entry, with hanging blade signs to left of entry. Storefront exhibits strong pedestrian orientation and attention to detail including recessed entry door, glass storefront, arched element over entry door, contrasting materials of storefront, structural canopy and landscape planters in front. B. Design Standards. 1. Signage must be of a high quality of design and materials, consistent with the design of the project. Signage shall be consis- tent throughout the project and always com- plement a building's character. 12, areGoni hri ht pn level 12, corekan¢ her ht irst�cvel 317 leme area buAing Eronrage 4. Signs may be fabricated of mixed media, including metal reverse -illuminated letters, suspended neon letters, illuminated individual letters, and signs etched or cut out of solid materials such as wood or brass and illuminated from behind. Mixed media sign above door. (Revised 5/18) 22-20 Edmonds Community Development Code 22.100.090 2. Landscaping and lighting shall be used to identify entrances, pathways, public spaces and bus stops. 3. Lighting shall contribute to the over- all safety of the development, and landscaping should incorporate safe -by -design standards. 4. Covered bus stops and waiting areas shall be included to provide pedestrians with outdoor areas sheltered from extreme weather conditions. [Ord. 3760 § 2 (Exh. A), 2009]. 22.100.090 Sustainable design. A. Incentive. In exchange for allowing four-story buildings for the multiresidential portion of the project, the development would be required to meet the requirements for at least a four -star rating of the Built Green of Washington program, or the LEED Gold Stan- dard, with integration of sustainable design methods and technologies throughout the proj- ect. If the project does not include four-story buildings in the multifamily subdistrict, then the project must meet the requirements for at least a three -star rating of the Built Green of Washington program. Particular focus will be given to low -impact site design strategies, water efficiency and energy efficiency meth- odologies. B. Design Goals for Project. Incorporate goals for integration of sustainability at earli- est stages of design process possible. Decide on projected levels of achievement for the project. For example: The project will achieve at least a four -star level of the Built Green of Washington program. 1. Site Design and Water Use. The pro- posed development will integrate low impact development techniques where feasible. For the purposes of this section, low impact devel- opment techniques shall include, but are not limited to, the following: the use of bioswales, green roofs, and open cell/vegetated pavers. "Reasonably feasible" shall be deter- mined based upon the physical characteristics of the property and its suitability for the tech- nique; cost alone shall not render the use of low impact techniques unreasonable or unfea- sible. Additional techniques for strong consid- eration: a. Rainwater harvesting — for use in site irrigation and possibly toilet flushing for commercial uses. b. Utilization of water efficient fix- tures throughout the project. 2. Energy Resources. Increase effi- ciency by maximizing equipment efficiency and using control strategies. Design to reduce energy and electricity consumption and elimi- nate unnecessary demand. Include use of alter- native energy resources wherever possible. 3. Material Resources. a. Plan for long-term use by design- ing for adaptability, specifying durable materi- als and considering energy and maintenance needs. b. Select resource -efficient and recy- cled materials, where possible, that minimize environmental impact. c. Utilize wood from sustainable sources. d. Encourage recycling of waste with easy access recycling stations and pickup areas. e. Manage construction demolition and waste with a jobsite recycling plan. 4. Health and Indoor Air Quality. Uti- lize multiple strategies to limit emissions from materials. Select low VOC and nontoxic mate- 22-23 (Revised 5/18) 22.100.100 rials, paints and finishes. Pay special attention to residential units in selection of finishes and paints for low or no toxicity. Sustainable stormwater mitigation and site drainage system. Possible use of green roofs and other innova- tive technologies. [Ord. 4085 § 20 (Exh. A), 2017; Ord. 3760 § 2 (Exh. A), 2009]. 22.100.100 Definitions. This section will provide clarification of some of the specific terminology used within the guidelines. "Courtyard" means a landscaped space enclosed on at least three sides by a struc- ture(s). "Curb cut" means a depression in the curb for the purpose of accommodating a driveway that provides vehicular access between private property and the street (or ADA/bike crossing at street corners). "Facade" means any vertical exterior wall of a building. "Frontage" refers to the length of property along a public street or right-of-way. "Human scale" means the perceived size of a building relative to a human being. A build- ing is considered to have "good human scale" if there is an expression of human activity or use that indicates the building's size. For example, traditionally sized doors, windows, and balconies are elements that respond to the size of the human body, and therefore are ele- ments in a building that indicate a building's overall size. Landscaping. An area is considered to be landscaped if it is: Planted with vegetation in the form of hardy trees, shrubs, or grass or evergreen groundcover maintained in good condition; or occupied by sculpture, fountains, pools, benches, or other outdoor furnishings; or occu- pied by recreational facilities; or paved with decorative pavers or brick combined with any of the above items. Modulation. As used in the design guide- lines, "modulation" is a stepping back or pro- jecting forward of portions of a building face within specified intervals of building width and depth, as a means of breaking up the apparent bulk of a structure's continuous exte- rior walls. Pedestrian -Oriented Facade. A building facade is considered pedestrian -oriented if it features any of the following characteristics: 1. A transparent window along at least 75 percent of the ground floor between the height of two feet and eight feet above the ground. 2. Frontage along a pedestrian -oriented space. "Pedestrian -oriented space" means an area between a building and a public space that pro- motes visual and pedestrian access to the site and provides pedestrian -oriented amenities and landscaping to enhance the public's use of the space for passive activities such as sitting, reading, picnicking, etc. (Revised 5/18) 22-24 Edmonds Community Development Code 23.40.210 23.40.200 Appeals. Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this title may be appealed according to, and as part of, the appeal procedure, if any, for the permit or approval involved. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3736 § 71, 2009; Ord. 3527 § 2, 2004]. 23.40.210 Variances. A. Variances from the standards of this title may be authorized through the process of hear- ing examiner review in accordance with the procedures set forth in Chapter 20.85 ECDC only if an applicant demonstrates that one or more of the following two conditions exist: 1. The application of this title would pro- hibit a development proposal by a public agency or public utility. A public agency and utility exception may be granted as a variance if: a. There is no other practical alterna- tive to the proposed development with less impact on the critical areas; b. The application of this title would unreasonably restrict the ability to provide utility services to the public; c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; d. The proposal attempts to protect and mitigate impacts to the critical area func- tions and values consistent with the best avail- able science; and e. The proposal is consistent with other applicable regulations and standards. 2. The application of this title would deny all reasonable economic use (see the definition of "reasonable economic use(s)" in ECDC 23.40.005) of the subject property. A reasonable use exception may be authorized as a variance only if an applicant demonstrates that: a. The application of this title would deny all reasonable economic use of a property or subject parcel; b. No other reasonable economic use of the property consistent with the underlying zoning and the city comprehensive plan has less impact on the critical area; c. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; d. The inability of the applicant to derive reasonable economic use of the prop- erty is not the result of actions by the applicant after the effective date of the ordinance codi- fied in this title or its predecessor; e. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; f. The proposal minimizes net loss of critical area functions and values consistent with the best available science; and g. The proposal is consistent with other applicable regulations and standards. B. Specific Variance Criteria. A variance may be granted if the applicant demonstrates that the requested action conforms to all of the following specific criteria: 1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district; 2. The special conditions and circum- stances do not result from the actions of the applicant; 3. A literal interpretation of the provi- sions of this title would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this title, and the variance requested is the min- imum necessary to provide the applicant with such rights; 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, struc- tures, or buildings under similar circumstances; 5. The granting of the variance is consis- tent with the general purpose and intent of this title, and will not further degrade the functions 23-55 (Revised 5/18) 23.40.215 or values of the associated critical areas or oth- erwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; and 6. The decision to grant the variance is based upon the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. C. Hearing Examiner Review. The city hearing examiner shall, as a Type III -A deci- sion (see Chapter 20.01 ECDC), review vari- ance applications and conduct a public hearing. The hearing examiner shall approve, approve with conditions, or deny variance applications based on a proposal's ability to comply with general and specific variance cri- teria provided in subsections (A) and (B) of this section. D. Conditions May Be Required. The director retains the right to prescribe such con- ditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure confor- mity with this title for variances granted through hearing examiner review. E. Time Limit. The director shall prescribe a time limit within which the action for which the variance is required shall be begun, com- pleted, or both. Failure to begin or complete such action within the established time limit shall void the variance, unless the applicant files an application for an extension of time before the expiration. An application for an extension of time shall be reviewed by the director as a Type II decision (see Chapter 20.01 ECDC). F. Burden of Proof. The burden of proof shall be on the applicant to bring forth evi- dence in support of a variance application and upon which any decision has to be made on the application. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3783 § 15, 2010; Ord. 3775 § 15, 2010; Ord. 3736 §§ 72, 73, 2009; Ord. 3527 § 2, 2004]. 23.40.215 Critical area restoration projects. A. When a critical area restoration project is proposed that is not required as mitigation for a development proposal, the director or hearing examiner (as applicable) may grant relief from standard critical area buffer requirements if the restoration project involves: 1. The daylighting of a stream or tidal channel; or 2. Expansion of a wetland that would cause a landward expansion of the wetland buffer. B. The restoration project proposal will include a proposed buffer width for the project that is developed from an assessment by a qualified critical area consultant on the buffer width necessary to ensure that the restoration project is successful and the ecological func- tions of the areas adjacent to the stream or wet- land will be enhanced. C. The director or hearing examiner (as applicable) will consider the proposed buffer width along with hydrologic, geologic, and other habitat data for the site to determine if the project warrants a buffer width that devi- ates from the standard critical area buffer widths. D. If the director or hearing examiner (as applicable) determines that a reduced buffer width is appropriate for the proposed resto- ration project, the director may approve the reduced buffer width for the proposed resto- ration site. [Ord. 4026 § 1 (Att. A), 2016]. Part III. Allowed Activities, Exemptions and Noncompliance Penalties 23.40.220 Allowed activities. A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or approved by the city of Edmonds or other agency with jurisdiction, but do not require submittal of a critical area report, unless such submittal was required previously for the underlying permit. The director may (Revised 5/18) 23-56 Edmonds Community Development Code 23.40.220 apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to protect critical areas. B. Required Use of Best Management Practices. All allowed activities shall be con- ducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, con- struction management, erosion and sedimenta- tion control, water quality protection, and regulation of chemical applications. The city may observe or require independent inspection of the use of best management practices to ensure that the activity does not result in deg- radation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party's expense. C. Allowed Activities. The following activ- ities are allowed: 1. Permit Requests Subsequent to Previ- ous Critical Areas Review. Development per- mits and approvals that involve both discretionary land use approvals (such as sub- divisions, rezones, or conditional use permits) and construction approvals (such as building permits) if all of the following conditions have been met: a. The provisions of this title have been previously addressed as part of another approval; b. There have been no material changes in the potential impact to the critical area or buffer since the prior review; c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed since the issuance of that permit or approval; d. There is no new information avail- able that is applicable to any critical area review of the site or particular critical area; and e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured; 2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification of, addition to, or replacement of a legally constructed structure existing outside of a critical area or its buffer that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; 3. Modifications to Existing Structures within Critical Areas and/or Buffers. Modifi- cation to a legally constructed structure exist- ing within a critical area or buffer shall be allowed when the modification: a. Does not increase the footprint of the structure; and b. Does not increase the impact to the critical area or buffer; and c. Does not increase risk to life or property as a result of the proposed modifica- tion or replacement. Additions to legally constructed struc- tures existing within a critical area or buffer that do increase the existing footprint of devel- opment shall be subject to and permitted in accordance with the development standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040). This provision shall be interpreted to supplement the provisions of the Edmonds Community Development Code relating to nonconforming structures in order to permit the full reconstruction of a legal non- conforming building within its footprint; 4. Development Proposals within Inter- rupted Stream or Wetland Buffers. Adjacent areas that may be physically separated from a stream or wetland due to existing, legally established structures or paved areas may be exempted from the prescribed buffer widths if proven scientifically to be functionally iso- lated from the stream or wetland. The director will require the applicant to provide a site assessment and functional analysis documen- tation report by a qualified critical area consul- tant that demonstrates the interrupted buffer area is functionally isolated. The director shall consider the hydrologic, geologic, and/or bio- 23-57 (Revised 5/18) 23.40.220 logical habitat connection potential and the extent and permanence of the physical separa- tion; 5. Activities within the Improved Right - of -Way. Replacement, modification, installa- tion, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities are located within the improved portion of the public right-of-way or a city -authorized private roadway, except those activities that alter a wetland or water- course, such as culverts or bridges, or result in the transport of sediment or increased storm water; 6. Minor Utility Projects. Utility proj- ects that have minor or short -duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best man- agement practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the following crite- ria: a. There is no practical alternative to the proposed activity with less impact on criti- cal areas; b. The activity involves the place- ment of utility pole(s), street sign(s), anchor(s), or vault(s) or other small compo- nent(s) of a utility facility; and c. The activity involves disturbance of an area less than 75 square feet; 7. Public and Private Pedestrian Trails. New public and private pedestrian trails sub- ject to the following: a. The trail surface shall be limited to pervious surfaces and meet all other require- ments, including water quality standards set forth in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19; b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; c. Trails proposed to be located in landslide or erosion hazard areas shall be con- structed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and d. Trails located only in the outer 25 percent of critical areas buffers, and located to avoid removal of significant trees. Where existing legally established development has reduced the width of the critical areas buffer, trails may be placed in the outer 25 percent of the remaining critical area buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utiliz- ing nontreated pilings may be acceptable. Allowances for trails within the inner 75 percent of critical areas buffers are pro- vided within applicable sections of Chapters 23.50 through 23.90 ECDC; 8. Select Vegetation Removal Activi- ties. The following vegetation removal activi- ties: a. The removal of the following veg- etation with hand labor and hand tools for the purpose of habitat restoration when the area of work is under 1,500 square feet in area per year: i. Invasive and noxious weeds; ii. English ivy (Hedera helix); iii. Himalayan blackberry (Rubus discolor, R. procerus); iv. Evergreen blackberry (Rubus laciniatus); v. Scot's broom (Cytisus scopar- ius); and vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis); Removal of these invasive and nox- ious plant species shall be restricted to hand removal unless permits or approval from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or other removal techniques. All removed plant material shall be taken away from the site and appropriately disposed of. (Revised 5/18) 23-58 Edmonds Community Development Code 23.40.220 Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. For activities intended to protect or restore habitat in wetlands or fish and wildlife habitat conservation areas, vegetation removal under this section may exceed the 1,500 square foot limitation if: i. The activity is proposed and managed by a nonprofit or other organization, approved by the city, that has demonstrated expertise and experience in the restoration or invasive removal activity; and ii. The project sponsor provides a specific proposal identifying the scope and location of the project, provides for project supervision, and includes a monitoring and inspection schedule acceptable to the city and approved by the appropriate city department; b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that: i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement trees; ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags; iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or unless removal is warranted to improve slope stability; iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replace- ment trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a min- imum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qual- ified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a resto- ration plan that demonstrates compliance with the provisions of this title; c. Measures to control a fire or halt the spread of disease or damaging insects con- sistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in kind or with similar native species within one year in accordance with an approved restoration plan; d. Chemical Applications. The appli- cation of herbicides, pesticides, organic or mineral -derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management Recommendations and the regulations of the State Department of Agriculture, the U.S. Environmental Protec- tion Agency, and Department of Ecology; and 23-59 (Revised 5/18) 23.40.230 e. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited; 9. Minor Site Investigative Work. Work necessary for land use submittals, such as sur- veys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or signifi- cant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and 10. Navigational Aids and Boundary Markers. Construction or modification of nav- igational aids and boundary markers. [Ord. 4106 § 1, 2018; Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. 23.40.230 Exemptions. A. Exemption Request and Review Pro- cess. The proponent of the activity may submit a written request for exemption to the director that describes the activity and states the exemption listed in this section that applies. The director shall review the exemption request to verify that it complies with this title and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the city of Edmonds. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this title. B. Exempt Activities and Impacts to Criti- cal Areas. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this title does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabili- tated, or replaced at the responsible party's expense. C. Exempt Activities. The following devel- opments, activities, and associated uses shall be exempt from the provisions of this title; pro- vided, that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements: 1. Emergencies. Those activities neces- sary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this title. Emergency actions that create an impact to a critical area or its buffer shall use reason- able methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The per- son or agency undertaking such action shall notify the director within one working day fol- lowing commencement of the emergency activity. Within 30 days, the director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emer- gency action, then enforcement provisions of ECDC 23.40.240, Unauthorized critical area alterations and enforcement, shall apply. After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or miti- gation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical areas report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the director in accordance with the review proce- dures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency and completed in a timely manner; (Revised 5/18) 23-60 Edmonds Community Development Code 23.40.230 2. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures, infrastructure improvements, utili- ties, public or private roads, dikes, levees, or drainage systems that do not require construc- tion permits, if the activity does not further alter or increase the impact to, or encroach fur- ther within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance also includes normal maintenance of vegetation performed in accordance with best manage- ment practices; provided, that such manage- ment actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species; and 3. Passive Outdoor Activities. Recre- ation, education, and scientific research activi- ties that do not degrade the critical area, including fishing, hiking, and bird watching. 23-60.1 (Revised 5/18) This page left intentionally blank. (Revised 5/18) 23-60.2 Edmonds Community Development Code Ordinance Table 4037 7/5/16 Amends Ch. 3.36; repeals Ch. 18.82, impact fees (3.36) 4039 8/2/16 Amends Ch. 20.60, sign code (20.60) 4044 10/4/16 Amends Ch. 18.30, stormwater management (18.30) 4058 2/21/17 Amends Ch. 17.95, commute trip reduction (17.95) 4064 4/4/17 Amends Ch. 20.60, sign code (20.60) 4068 5/2/17 Amends § 18.00.050, apprentice requirements for public works construction projects (18.00) 4070 6/6/17 Adds Ch. 20.75 and § 21.30.032; amends § 21.100.040, unit lot subdivision and definitions (20.75, 21.30, 21.100) 4072 6/ 13/ 17 Adds Title 24; amends § 20.01.003; repeals Chs. 20.55 and 23.10, shoreline master program (20.01, 24.10, 24.20, 24.30, 24.40, 24.50, 24.60, 24.70, 24.80, 24.90, 24.100) 4078 8/15/17 Amends Ch. 16.60 and § 20.60.045, zoning (16.60, 20.60) 4085 11/6/17 Adds § 21.55.070; amends §§ 9.20.020, 9.20.060, 9.20.070, 18.00.010(B), 18.45.050(H), 18.80.020(B), 18.95.020(C), 20.11.030(B), 20.13.010(H), 20.13.020, 20.13.030(E), 20.35.050(A), 20.35.090(C), 20.75.020, 22.100.050(B) and 22.100.090(B), low impact development (9.20, 18.00, 18.45, 18.80, 18.95, 20.11, 20.13, 20.35, 20.75, 21.55, 22.100) 4106 4/17/18 Amends § 23.40.220, environmentally critical areas (23.40) 4111 4/24/18 Amends § 19.00.025 and Ch. 19.25, building and fire codes (19.00, 19.25) Tables - 9 (Revised 5/18) Edmonds Community Development Code Interim and Moratorium Ordinance Table Ord. Effective Expiration No. Date Date Description 4097 3/21/18 8/7/18 Extends prohibition on installation of styrene-butadiene rubber on publicly owned athletic fields (Not codified) I/M - 1 (Revised 5/18) Edmonds Community Development Code Definitions Fence 21.30.020 Flag lot 21.30.030 Flat 21.30.032 Float, recreational 21.30.035 Floor area 21.30.040 Formal subdivision 21.30.050 Foster home 21.30.060 Fraternity 21.30.070 Garage 21.35.010 General 21.00.000 Ground floor 21.35.017 Guest house 21.35.030 Halfway house 21.40.005 Hallway 21.40.006 Hearing examiner 21.40.010 Height 21.40.030 Home occupation 21.40.040 Horse 21.40.050 Hospitals 21.40.055 Hotel 21.40.060 Interior lot 21.45.010 Irregular lot 21.45.020 Kennel 21.50.010 Kitchen 21.50.020 Landslide hazard area and earth subsidence 21.55.060 Local public facilities 21.55.007 Lot 21.55.010 Lot area 21.55.020 Lot, corner 21.15.100 Lot depth 21.55.030 Lot line 21.55.040 Lot of record 21.55.015 Lot width 21.55.050 Low impact development (LID) 21.55.070 May 21.00.000 Mobile home 21.60.010 Mobile home park 21.60.020 Moorage 21.60.030 Motel 21.60.040 Multiple dwelling 21.60.050 Multiple dwelling units 21.60.060 Natural open space areas 21.65.010 Neighborhood park 21.65.020 Off-street parking 21.75.020 Office 21.75.010 Open space 21.75.030 Other sexually oriented business 21.75.080 Outdoor dining area 21.75.120 Parks and recreation special areas 21.80.005 Pedestrian -bike path 21.80.040 Permit coordinator 21.80.020 Permitted use 21.80.010 Person 21.80.030 Petroleum products storage and distributing 21.80.050 Pier 21.80.055 Planning advisory board 21.80.060 Planning official 21.80.065 Primary use 21.80.070 Private 21.80.080 Private parking 21.80.090 Project permit, project permit application 21.80.095 Public market 21.80.103 Public meeting 21.80.105 Rear lot line 21.85.010 Rear setback 21.85.020 Recreational facilities 21.85.030 Regional park 21.85.031 Regional public facilities 21.85.033 Related equipment 21.85.035 Restaurant 21.85.040 Retirement home 21.85.050 Riding academy 21.85.060 Roof 21.85.070 Rooming house 21.85.080 Satellite television antenna 21.90.006 School 21.90.008 Secondary use 21.90.010 Self service station 21.90.014 Service club 21.90.011 Setback 21.90.020 Sexually oriented business 21.90.024 Sexually oriented materials 21.90.025 Shall 21.00.000 Short subdivision 21.90.030 Side lot line 21.90.040 Side setback 21.90.050 Sidewalk or trail 21.90.060 Single-family dwelling unit 21.90.080 Site 21.90.090 Small animal hospital 21.90.095 Sorority 21.90.100 Specified anatomical areas 21.90.101 Specified sexual activities 21.90.102 Story 21.90.110 Street 21.90.120 Street lot line 21.90.130 Street setback 21.90.140 Structural alterations 21.90.160 Structure 21.90.150 Subdivision 21.90.170 Tavern 21.100.010 Temporary building or structure 21.100.020 Through lot 21.100.030 Townhouse 21.100.040 Trailer 21.100.060 Trailer park 21.100.070 Trails 21.100.050 Transient accommodation 21.100.075 Index-3 (Revised 5/18) Design review Transit center 21.100.090 Undisturbed soil 21.105.010 Usable satellite signal 21.105.115 Use 21.105.020 Used 21.00.000 Used car lot (or sales) 21.105.030 Vacation 21.110.010 Working day 21.115.030 Zero lot line development 21.125.010 Design review Appeals 20.11.040 Applicability, scope 20.10.020 Approval lapse 20.11.050 Augmented architectural design review application 20.10.045 Design criteria 20.11.030 District -based appeals 20.12.080 applicability 20.12.010 approval lapse 20.12.090 architectural design board review 20.12.020 city staff review 20.12.030 design guidelines, criteria, checklist 20.12.070 process, intent 20.12.005 Findings 20.11.020 Permit approval required 20.10.030 Pre -application 20.10.040 Procedure 20.11.010 Purpose 20.10.000 Types 20.10.010 Design standards BD zones applicability 22.43.000 awnings/canopies, signage 22.43.040 blank wall treatments 22.43.060 ground level details 22.43.030 HVAC equipment 22.43.070 massing, articulation 22.43.010 orientation 22.43.020 transparency, street level 22.43.050 Firdale Village mixed -use zone applicability, goals, project vision 22.100.000 architectural design 22.100.020 definitions courtyard 22.100.100 curb cut 22.100.100 facade 22.100.100 frontage 22.100.100 human scale 22.100.100 landscaping 22.100.100 modulation 22.100.100 pedestrian -oriented facade 22.100.100 pedestrian -oriented space 22.100.100 vertical articulation 22.100.100 landscaping, screening 22.100.050 lighting 22.100.070 pedestrian orientation, outdoor spaces, amenities 22.100.030 safety issues 22.100.080 signage 22.100.060 site design, planning 22.100.010 sustainable design 22.100.090 vehicular access, parking 22.100.040 WNW zone amenity space, open space 22.110.070 building types 22.110.010 design treatments 22.110.015 frontage types 22.110.020 green building construction, housing factor 22.110.070 generally 22.110.030 tools 22.110.100 height bonus 22.110.090 parking, circulation 22.110.050 public space 22.110.080 purpose, intent 22.110.000 Development agreements See under Development permit applications Development permit applications See also Permits Action types 20.01.001 Closed record appeals consolidation 20.07.002 decision governed by 20.07.004 generally 20.07.001 judicial 20.07.006 parties of record 20.07.003 procedure 20.07.005 Contents 20.02.002 Development agreements appeal 20.08.060 approval procedure 20.08.040 authority 20.08.010 enforceability 20.08.030 form, term, recordation 20.08.050 general provisions 20.08.020 Development regulations, SEPA consistency categorically exempt, planned actions 20.04.003 determination 20.04.001 initial SEPA analysis 20.04.002 Exemptions 20.01.007 Framework 20.01.003 Irreconcilable applications 20.02.004 Legislative enactments not restricted 20.01.006 Notice optional 20.03.006 procedures 20.03.002 public hearing 20.03.003 (Revised 5/18) Index-4 Edmonds Community Development Code Environmentally critical areas shoreline master program 20.03.005 State Environmental Policy Act 20.03.004 Open record public hearings burden, nature of proof 20.06.006 conflict of interest 20.06.003 decision 20.06.008 director responsibility 20.06.002 disqualification 20.06.005 ex parte communications 20.06.004 generally 20.06.000 joint 20.06.001 notice of final decision 20.06.009 order of proceedings 20.06.007 reconsideration 20.06.010 Optional preapplication conference 20.02.001 Procedures, determination of type 20.01.002 Purpose, general provisions 20.01.000 Referral, review 20.02.005 Resubmission after denial 20.02.006 Submission, determination of completeness 20.02.003 Disabled persons reasonable accommodations process Appeals 17.05.050 Applicability 17.05.040 Purpose of provisions 17.05.010 Waivers, variances building codes, safety levels 17.05.030 development code 17.05.020 Docks, piers, moorage See Shoreline management program Dredging, spoil deposits See Shoreline management program; Zoning Drive-in businesses See Zoning Dry cleaning and laundry plants See Zoning Dust See Performance standards under Zoning Dwelling units, accessory Application, fees 20.21.025 Criteria, regulations 20.21.030 Nontransferability 20.21.040 Occupants, number limited 20.21.020 Permits conditions 20.21.060 required 20.21.030 Preexisting 20.21.050 Prohibited where 20.21.010 Purpose 20.21.000 —E— Earth subsidence See Landslide hazard, earth subsidence under Building permits Electrical code See also Building code Adopted 19.55.000 Applicability 19.55.005 Conflict with other provisions 19.55.015 Liability 19.55.010 Electrical interference See Performance standards under Zoning Encroachment permits Applications 18.70.020 Definitions art 18.70.030 artwork 18.70.030 barrier 18.70.030 exclusive bistro and outdoor dining 18.70.030 temporary in nature 18.70.000 temporary object 18.70.000 use 18.70.000 Exemptions 18.70.010 Fees 18.70.050 Required 18.70.000 Review 18.70.030 Revocation 18.70.040 Energy code See also Building code Adopted 19.30.000 Environmental review See under SEPA Environmentally critical areas See also Critical aquifer recharge areas; Development permit applications; Fish and wildlife habitat conservation areas; Frequently flooded areas; Geologically hazardous areas; SEPA; Shoreline master program; Wetlands Allowed activities 23.40.220 Authority 23.40.010 Bonds 23.40.290 Building setbacks 23.40.280 City council reports 23.40.055 Definitions 100-year flood 23.40.005 adjacent 23.40.005 alteration 23.40.005 best available science 23.40.310 best management practices 23.40.005 buffer 23.40.005 chapter 23.40.005 city 23.40.005 city council 21.15.030 class 23.40.005 clearing 23.40.005 compensation project 23.40.005 compensatory mitigation 23.40.005 council 21.15.030 creation 23.40.005 critical areas 23.40.005 development proposal 23.40.005 director 23.40.005 Index-5 (Revised 5/18) Existing building code division 23.40.005 unfavorable 23.40.180 enhancement 23.40.005 general requirements 23.40.060 erosion 23.40.005 mitigation erosion hazard areas 23.80.020 innovative 23.40.140 floodplain 23.40.005 plan requirements 23.40.130 footprint of development 23.40.005 requirements 23.40.110 footprint of existing development 23.40.005 sequencing 23.40.120 functions 23.40.005 notice of initial determination 23.40.080 geologist 23.40.005 preapplication consultation 23.40.070 geotechnical engineer 23.40.005 report requirements grading 23.40.005 generally 23.40.090 habitats of local importance 23.40.005 modifications 23.40.100 in -lieu fee program 23.40.005 variances 23.40.210 landslide hazard areas 23.80.020 Science, best available 23.40.310 mitigation 23.40.005 Severability 23.40.030 native vegetation 23.40.005 Signs 23.40.250 normal maintenance of vegetation 23.40.005 Tracts, easements 23.40.270 noxious weeds 23.40.005 Unauthorized alterations 23.40.240 planning staff 23.40.005 Existing building code preservation 23.40.005 See also Building code qualified critical areas consultant 23.40.005 Adopted 19.50.000 qualified professional 23.40.005 reasonable economic use(s) 23.40.005 — F — redeveloped land(s) 23.40.005 reestablishment 23.40.005 Family day-care See Zoning rehabilitation 23.40.005 Fees See Comprehensive plan restoration 23.40.005 Fences, gates See under Swimming pool code; Zoning seismic hazard areas 23.80.020 Fire code species of local importance 23.40.005 See also Building code; Performance standards under Storm Water Management Manual 23.40.005 Zoning streams 23.40.005 Adopted 19.25.000 title 23.40.005 Amendments 19.25.005 undeveloped land(s) 23.40.005 Charges wetland class 23.40.005 fire review, inspection 19.25.025 wetland functions 23.40.005 water mains, hydrants 19.25.045 wetland mitigation bank 23.40.005 Definitions wetlands 23.40.005 fire code official 19.25.015 Enforcement 23.40.240 jurisdiction 19.25.015 Exemptions 23.40.230 legal representative of the jurisdiction 19.25.015 Inspections 23.40.300 police 19.25.015 Jurisdiction 23.40.040 Department of fire prevention 19.25.010 Markers 23.40.250 Dwelling fire sprinkler systems, connection fees Protection 23.40.050 19.25.036 Purpose of provisions 23.40.000 Fire protection systems 19.25.035 Relationship to other regulations 23.40.020 Hydrants Restoration projects 23.40.215 installation 19.25.040 Review process location appeals 23.40.200 private 19.25.060 completion 23.40.190 public 19.25.055 contingent review procedure 23.40.195 specifications 19.25.065 criteria 23.40.160 Modifications, interpretations, appeals 19.25.030 decision Permits 19.25.020 favorable 23.40.170 Violation, penalties 19.25.070 generally 23.40.150 Water mains, service lines 19.25.040, 19.25.050 (Revised 5/18) Index-6