ECDC Supp 69SUPPLEMENT DIRECTIONS
EDMONDS COMMUNITY Updated by:
DEVELOPMENT CODE
Dated:
Supplement No. 69 — July 2019
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 4136 through 4149 and 4151 through 4154,
passed July 2, 2019. Reference the disclaimer on the following webpage to determine whether the
online code is more current than the print version: https://www.codepublishing.com/WA/edmonds/
Remove these pages Insert these pages
Table of Contents
1-4 ................................................................ 1-4
Table of Revised Pages
Title 16
16.3 — 16.6............................................ 16.3 — 16.6
Title 17
Title 19
Title 20
910.4b.................................................... 9-10.4
9 10............................................................ 9 — 10
12.1 — 12.2............................................ 12.1 — 12.2
15 — 16..................................................... 15 — 16.2
10.1 10.2............................................ 10.1 —10.2
12.4a — 12.4r................................. 12.4a — 12.4r(2)
12.4u — 12.4v.................................... 12.4u — 12.4v
47 48........................................................ 47 — 48
62.1 — 62.2............................................ 62.1 — 62.2
(Revised 7/19)
Remove these pages Insert these pages
Title 20 (Continued)
62.9 — 62.1 Ob.................................... 62.9 — 62.1 Ob
63 — 70................................................... 63 — 70.20
72.3 — 72.6............................................ 72.3 — 72.6
75 — 103...................................................... 75 — 96
Ordinance Table
3-4 ................................................................ 3-4
7-9 ................................................................ 7-9
Interim and Moratorium Ordinance Table
1............................................................................ 1
Index
1 10......................................................... 1 — 10.2
15 — 16..................................................... 15 — 16.2
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 7/19)
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 7/19)
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.....................................................................
16
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 7/19) Contents-2
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
Title 20 Review Criteria and Procedures
20.00
Changes to the Comprehensive Plan........................................................3
20.01
Types of Development Project Permits....................................................4
20.02
Development Project Permit Applications............................................8.2
20.03
Public Notice Requirements...................................................................11
20.04
Consistency with Development Regulations and SEPA......................12.3
20.04A
Expired..............................................................................................12.4a
20.05
Conditional Use Permits....................................................................12.4b
20.06
Public Hearings and Appeals.............................................................12.4c
20.07
Repealed.............................................................................................12.4k
20.08
Development Agreements..................................................................12.4k
20.10
Design Review................................................................................
12.4m
20.11
General Design Review.....................................................................12.4o
20.12
District -Based Design Review...........................................................
12.4r
20.13
Landscaping Requirements................................................................12.4v
20.15A
Environmental Review (SEPA)..............................................................13
20.1513
Repealed..................................................................................................43
20.16
Essential Public Facilities.......................................................................43
20.18
Group Homes..........................................................................................48
20.19
Home Day Care......................................................................................49
20.20
Home Occupations..................................................................................51
20.21
Accessory Dwelling Units...................................................................52.2
20.23
Bed and Breakfasts..............................................................................54.1
20.25
Housing for the Low Income Elderly..................................................54.2
20.30
Joint Use of Parking................................................................................56
20.35
Planned Residential Development(PRD)...............................................57
20.40
Rezones................................................................................................62.4
20.45
Edmonds Register of Historic Places...................................................62.5
20.50
Wireless Communication Facilities........................................................63
20.55
Repealed.............................................................................................70.19
20.60
Sign Code................................................................................................71
20.65
Street Map Changes...........................................................................72.16
20.70
Street Vacations......................................................................................73
20.75
Subdivisions............................................................................................76
Contents-3 (Revised 7/19)
20.80
Text and Map Changes...........................................................................89
20.85
Variances................................................................................................90
20.90
Repealed..................................................................................................91
20.91
Repealed..................................................................................................91
20.95
Repealed..................................................................................................91
20.100
Miscellaneous Review............................................................................92
20.105
Repealed..................................................................................................93
20.110
Civil Violation — Enforcement Procedure..............................................93
Title 21 Definitions
21.00 Definitions — General................................................................................3
21.05 "A" Terms.................................................................................................3
21.10 `B" Terms.................................................................................................6
21.15 " C" Terms.................................................................................................7
21.20 "D" Terms..............................................................................................8.1
21.25 "E" Terms.................................................................................................9
21.30 " F" Terms.................................................................................................9
21.35 "G" Terms...............................................................................................11
21.40 "H" Terms...............................................................................................12
21.45 " I" Terms.............................................................................................12.2
21.47 " J" Terms................................................................................................13
21.50 "K" Terms...............................................................................................13
21.55 " L" Terms...............................................................................................14
21.60 "M" Terms..............................................................................................15
21.65 "N" Terms...............................................................................................16
21.75 " O" Terms...............................................................................................17
21.80 " P" Terms...............................................................................................18
21.85 "R" Terms...............................................................................................20
21.90 " S" Terms............................................................................................20.1
21.100 «T„ Terms...............................................................................................21
21.105 "U" Terms...............................................................................................22
21.110 "V" Terms...............................................................................................23
21.115 "W" Terms..............................................................................................23
21.125 " Z" Terms...............................................................................................24
Title 22 Design Standards
22.43 Design Standards for the BD Zones.........................................................3
22.100 Firdale Village Site Design Standards...................................................8.1
22.110 Design Standards for the WMU —Westgate Mixed -Use District ........... 25
Title 23 Natural Resources
23.10 Repealed....................................................................................................3
23.40 Environmentally Critical Areas General Provisions...............................41
23.50 Wetlands.................................................................................................62
(Revised 7/19) Contents-4
Edmonds Community Development Code Table of Revised Pages
TABLE OF REVISED PAGES
The following table is included in this code as a guide for determining whether the code volume properly
reflects the latest printing of each page. This table will be updated with the printing of each supplement.
Through usage and supplementation, pages in looseleaf publications can be inserted and removed in error
when pages are replaced on a page -for -page substitution basis.
The "Page" column lists all page numbers in sequence. The "Revised Date" column reflects the latest
revision date (e.g., "(Revised 8/96)") and printing of pages in the up-to-date volume. A "-" indicates that the
page has not been revised since the 1996 republication. This table reflects all changes to the code through
Ordinance 4154, passed July 2, 2019.
Page Revised Date
Preface................................................................... 1/08
Table of Contents
1,2 ......................................................................... 7/19
3,4 ......................................................................... 7/19
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...............................................................
7/19
16.5, 16.6...............................................................
7/19
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 .........................................................................
7/19
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 .......................................................................
7/19
10.1, 10.2...............................................................
7/19
10.3, 10.4...............................................................
7/19
10.5, 10.6...............................................................
1/10
1,12 .....................................................................
7/19
3,14 .....................................................................
7/09
5,16 .....................................................................
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 .....................................................................
7/19
33, 34.....................................................................
5101
35, 36.....................................................................
1/11
37,38 .....................................................................
6/14
39...........................................................................
6/14
Revisions-1 (Revised 7/19)
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............................................................................
7/19
3,4 ........................................................................
7/19
4.1, 4.2..................................................................
7/19
5,6 ........................................................................
5/18
7,8 ........................................................................
5/18
9,10 ......................................................................
7/19
11,12 ....................................................................
5/18
12.1, 12.2..............................................................
7/19
13,14 ...................................................................
11/16
15,16 ....................................................................
7/19
16.1, 16.2..............................................................
7/19
Page Revised Date
17,18 ...................................................................
11/16
19,20 ...................................................................
11/16
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 .........................................................................
7/19
3,4 .........................................................................
7/19
5,6 .........................................................................
7/19
7,8 .........................................................................
7/19
8.1, 8.2...................................................................
7/19
9,10 ..................................................................... 10115
10.1, 10.2...............................................................
7/19
11,12 .....................................................................
4/17
12a, 12b.................................................................
6/16
12.1, 12.2...............................................................
1/11
12.3, 12.4...............................................................
1/11
12.4a, 12.4b...........................................................
7/19
12.4c, 12.4d...........................................................
7/19
12.4e, 12.4f............................................................
7/19
12.4g, 12.4h...........................................................
7/19
12.4i, 12.4j.............................................................
7/19
12.4k, 12.41............................................................
7/19
12.4m, 12.4n..........................................................
7/19
12.4o, 12.4p...........................................................
7/19
12.4q, 12.4r............................................................
7/19
12.4r(1), 12.4r(2)...................................................
7/19
12.4s, 12.4t............................................................
1/11
12.4u, 12.4v...........................................................
7/19
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
(Revised 7/19) Revisions-2
Edmonds Community Development Code
Table of Revised Pages
Page Revised Date
23, 24/42................................................................
1/11
43,44 .....................................................................
3/06
45,46 .....................................................................
3/06
47,48 .....................................................................
7/19
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...............................................................
7/19
62.3, 62.4............................................................. 12/03
62.5, 62.6...............................................................
1/11
62.7, 62.8...............................................................
9/06
62.9, 62.10.............................................................
7/19
62.1Oa, 62.1Ob.......................................................
7/19
62.11, 62.12...........................................................
5/02
63,64 .....................................................................
7/19
65,66 .....................................................................
7/19
67,68 .....................................................................
7/19
69,70 .....................................................................
7/19
70.1, 70.2...............................................................
7/19
70.3, 70.4...............................................................
7/19
70.5, 70.6...............................................................
7/19
70.7, 70.8...............................................................
7/19
70.9, 70.10.............................................................
7/19
70.11, 70.12...........................................................
7/19
70.13, 70.14...........................................................
7/19
70.15, 70.16...........................................................
7/19
70.17, 70.18...........................................................
7/19
70.19, 70.20...........................................................
7/19
71,72 .....................................................................
4/17
72.1, 72.2...............................................................
4/17
72.3, 72.4...............................................................
7/19
72.5, 72.6...............................................................
7/19
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 .....................................................................
7/19
77,78 .....................................................................
7/19
79,80 .....................................................................
7/19
81,82 .....................................................................
7/19
83,84 .....................................................................
7/19
85,86 .....................................................................
7/19
87,88 .....................................................................
7/19
89,90 .....................................................................
7/19
91,92 .....................................................................
7/19
Page Revised Date
93,94 ..................................................................... 7/19
95,96 ..................................................................... 7/19
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
Revisions-3 (Revised 7/19)
Table of Revised Pages
Page Revised Date Page Revised Date
Title 23
1...........................................................................
11/17
3, 4/40..................................................................
11/17
41,42 ....................................................................
6/16
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 ..................................................................
12/18
67,68 ..................................................................
12/18
69,70 ..................................................................
12/18
71,72 ..................................................................
12/18
73,74 ..................................................................
12/18
75,76 ..................................................................
12/18
76.1, 76.2............................................................
12/18
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 ......................................................................... 7/19
4.1, 4.2................................................................. 11/17
5,6 ....................................................................... 11/16
7,8 ......................................................................... 7/19
9............................................................................. 7/19
Interim and Moratorium Ordinance Table
........................................................................ 7/19
(Revised 7/19) Revisions-4
Edmonds Community Development Code Table of Revised Pages
Page Revised Date
Index
1,2 .........................................................................
7/19
3,4 .........................................................................
7/19
5,6 .........................................................................
7/19
7,8 .........................................................................
7/19
9,10 .......................................................................
7/19
10.1, 10.2...............................................................
7/19
11,12 .....................................................................
4/17
13,14 ...................................................................
11/17
15,16 .....................................................................
7/19
16.1, 16.2...............................................................
7/19
17,18 ...................................................................
11/17
19,20 ...................................................................
11/17
21,22 ...................................................................
11/17
23,24 ...................................................................
11/17
25,26 ...................................................................
11/17
27.........................................................................
11/17
Revisions-5 (Revised 7/19)
Edmonds Community Development Code
16.43.030
10. Exceptions and Clarifications. The
regulations for the ground floor contained in
subsections (B)(1) through (9) of this section
apply with the following exceptions or clarifi-
cations:
a. That in all areas the provision of
pedestrian access to permitted residential uses
is allowed as a permitted secondary use.
b. The restrictions on the location of
residential uses shall not apply when a single-
family use is the only permitted primary use
located on the property.
c. Existing buildings may be added
onto or remodeled without adjusting the exist-
ing height of the ground floor to meet the spec-
ified minimum height, so long as the addition
or remodel does not increase the building foot-
print or its frontage along a street by more than
25 percent. Permitted uses may occupy an
existing space regardless of whether that space
meets the ground floor requirements for
height.
d. Parking is not considered to be a
commercial use for the purposes of satisfying
the ground floor commercial use requirement
within the designated street front (e.g., when
the first 45 feet of a building are within a des-
ignated street front in the BD 1 zone, parking
may not be located within that 45 feet).
e. For properties within the BD2 or
BD3 zone which have less than 90 feet of
depth measured from the street front, parking
may be located in the rearmost 45 feet of the
property, even if a portion of the parking
extends into the first 45 feet of the building. In
no case shall the depth of commercial space as
measured from the street front of the building
be less than 30 feet.
f. Within the BD2, BD3 and BD4
zones, if the first 45 feet of the building as
measured perpendicular to the street consist
only of commercial uses and permitted sec-
ondary uses, then permitted multiple -family
residential unit(s) may be located behind the
commercial uses.
g. Recodified as ECDC
22.43.050(B) (4).
h. Within the BD 1 zone, each com-
mercial space located on the ground floor
within the designated street front shall be
directly accessible by an entry from the side-
walk.
C. Building Height Regulations.
1. The basic height limit for each BD
zone is described in Table 16.43-2 (see defini-
tion of "height" detailed in ECDC 21.40.030).
2. Within the BD5 zone, the maximum
height may be increased to 30 feet if the build-
ing meets one of the following conditions. In
addition, if the building is located within 15
feet of the public right-of-way, architectural
details and/or applied art shall be incorporated
into the building design, and the ground floor
shall be distinguished from the upper portions
of the building through the use of differences
in materials, windows, and/or architectural
forms.
a. All portions of the building above
25 feet consist of a pitched roof such that the
pitch of all portions of the roof is at least six-
by-12 and the roof includes architectural fea-
tures, such as dormers or gables of a steeper
pitch, that break up the roof line into distinct
segments.
b. If the building does not make use
of a pitched roof system as described in sub-
section (C)(2)(a) of this section, a building
step -back shall be provided within 15 feet of
any street front. Within the 15-foot step -back,
the maximum building height is the lesser of
25 feet above grade at the property line (nor-
mally the back of the sidewalk) or 30 feet
above the "average level" as defined in ECDC
21.40.030. For corner lots, a 15-foot step -back
is required along both street fronts. If a build-
ing located on a corner lot has insufficient lot
width (i.e., less than 40 feet of lot width) to
enable it to provide the required step -back on
both street fronts, then the step -back may be
waived facing the secondary street.
16-16.3 (Revised 7/19)
16.43.030
3. Height Exceptions. In addition to the
height exceptions listed in ECDC 21.40.030,
the following architectural features are
allowed to extend above the height limits spec-
ified in this chapter:
a. A single decorative architectural
element, such as a turret, tower, or clock tower,
may extend a maximum of five feet above the
specified height limit if it is designed as an
integral architectural feature of the roof and/or
facade of the building. The decorative archi-
tectural element shall not cover more than five
percent of the roof area of the building.
b. Roof or deck railings may extend a
maximum of 42 inches above the specified
height limit within any building step -back
required under subsection (C)(2)(b) of this
section; provided, that the railing is con-
structed so that it has the appearance of being
transparent. An example meeting this condi-
tion would be a railing that is comprised of
glass panels.
D. Off -Street Parking and Access Require-
ments. The parking regulations included here
apply specifically within the BD zone. When-
ever there are conflicts between the require-
ments of this chapter and the provisions
contained in Chapter 17.50 ECDC, Off -Street
Parking Regulations, the provisions of this
chapter shall apply.
1. Within the BD 1 zone, no new curb
cuts are permitted along 5th Avenue or Main
Street.
2. No parking is required for any com-
mercial floor area of permitted uses located
within the BD 1, BD2, BD4, and BD5 zones.
E. Open Space Requirements.
1. For buildings on lots larger than
12,000 square feet or having an overall build-
ing width of more than 120 feet (as measured
parallel to the street lot line), at least five per-
cent of the lot area shall be devoted to open
space. Open space shall not be required for
additions to existing buildings that do not
increase the building footprint by more than 10
percent. Open space shall be provided adjacent
to the street front (street lot line). Such open
space may be provided as any combination of:
a. Outdoor dining or seating areas
(including outdoor seating or waiting areas for
restaurants or food service establishments);
b. Public plaza or sidewalk that is
accessible to the public;
c. Landscaping which includes a
seating area that is accessible to the public.
2. Required open space shall be open to
the air and not located under a building story.
3. In overall dimension, the width of
required open space shall not be less than 75
percent of the depth of the open space, mea-
sured relative to the street (i.e., width is mea-
sured parallel to the street lot line, while depth
is measured perpendicular to the street lot
line).
(Revised 7/19) 16-16.4
Edmonds Community Development Code
16.43.030
Figure 1643-5: Building Size, Width and Open Space
�_30'-0"--�
r--------------- -r--------------- -r---------------- r----------------
,
Example:
i
• Building is on four
lots, each 30x 120
feel
Total Lot Area = 14.400 sq, ft.
■ Building width is
; Building Footprint = 13,650 sq. ft.
120 feet.
• open space is
'
required due to
:Open Space Required = 720 sq. ft.:,
building width, and
due to lot area. CD
o
• Open space
,
provided exceeds
'
the 5% of lot area
requirement.
Building Width Parallel to Street/ROW
120'-0"
,
------- Lot Lines
Building Area
;
Open Space ;
750 sq. ft.
------------
F. Historic Buildings. The exceptions con-
tained in this section apply only to buildings
listed on the Edmonds register of historic
buildings.
1. If a certificate of appropriateness is
issued by the Edmonds historic preservation
commission under the provisions of Chapter
20.45 ECDC for the proposed project, the staff
may modify or waive any of the requirements
listed below that would otherwise apply to the
expansion, remodeling, or restoration of the
building. The decision of staff shall be pro-
cessed as a Type II development project permit
application (see Chapter 20.01 ECDC).
a. Building step -backs required under
subsection (C)(2)(b) of this section.
b. Open space required under subsec-
tion (E) of this section.
2. No off-street parking is required for
any permitted uses located within a building
listed on the Edmonds register of historic
buildings. Note that additional parking excep-
tions involving building expansion, remodel-
ing or restoration may also apply, as detailed in
ECDC 17.50.070(C).
3. Within the BD5 zone, if a building
listed on the Edmonds register of historic
buildings is retained on -site, no off-street park-
ing is required for any additional buildings or
uses located on the same property. To obtain
this benefit, an easement in a form acceptable
to the city shall be recorded with Snohomish
County protecting the exterior of the historic
building and ensuring that the historic building
is maintained in its historic form and appear-
ance so long as the additional building(s)
obtaining the parking benefit exist on the prop-
erty. The easement shall continue even if the
property is subsequently subdivided or any
interest in the property is sold.
16-16.5 (Revised 7/19)
16.43.035
G. Density. There is no maximum density
for permitted multiple dwelling units.
H. Screening. The required setback from R-
zoned property shall be landscaped with trees
and ground cover and permanently maintained
by the owner of the BD lot. A six-foot mini-
mum height fence, wall or solid hedge shall be
provided at some point in the setback, except
for that portion of the BD zone that is in resi-
dential use.
I. Signs, Parking and Design Review. See
Chapters 17.50, 20.10, and 20.60 ECDC. Sign
standards shall be the same as those that apply
within the BC zone.
J. Satellite Television Antennas. In accor-
dance with the limitations established by the
Federal Communications Commission, satel-
lite television antennas greater than two meters
in diameter shall be reviewed in accordance
with the provisions of ECDC 16.20.050. [Ord.
4140 § 1, 2019; Ord. 3918 § 1 (Att. 1), 2013;
Ord. 3865 § 1, 2011; Ord. 3736 § 10, 2009;
Ord. 3700 § 1, 2008].
16.43.035 Design standards — BD zones.
Design standards for the BD zones are con-
tained in Chapter 22.43 ECDC. [Ord. 3918 § 1
(Att. 1), 2013; Ord. 3700 § 1, 2008].
16.43.040 Operating restrictions.
A. Enclosed Building. All uses shall be car-
ried on entirely within a completely enclosed
building, except:
1. Public uses such as utilities and parks;
2. Off-street parking and loading areas,
and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Public markets; provided, that when
located next to a single-family residential
zone, the market shall be entirely within a
completely enclosed building;
6. Limited outdoor display of merchan-
dise meeting the criteria of Chapter 17.65
ECDC;
7. Bistro and outdoor dining meeting the
criteria of ECDC 17.70.040;
8. Outdoor dining meeting the criteria of
Chapter 17.75 ECDC;
9. Motorized and nonmotorized mobile
vending units meeting the criteria of Chapter
4.12 ECC.
B. Nuisances. All uses shall comply with
Chapter 17.60 ECDC, Property Performance
Standards.
C. Interim Use Status — Public Markets.
1. Unless a public market is identified
on a business license as a year-round market
within the city of Edmonds, a premises
licensed as a public market shall be considered
a temporary use. As a temporary use, the city
council finds that any signs or structures used
in accordance with the market do not require
design review. When a location is utilized for
a business use in addition to a public market,
the public market use shall not decrease the
required available parking for the other busi-
ness use below the standards established by
Chapter 17.50 ECDC. [Ord. 3932 § 7, 2013;
Ord. 3918 § 1 (Att. 1), 2013; Ord. 3902 § 1,
2012; Ord. 3894 § 5, 2012; Ord. 3700 § 1,
2008].
(Revised 7/19) 16-16.6
Edmonds Community Development Code
17.00.030
Chapter 17.00
ADMINISTRATION
Sections:
17.00.000
Applicability.
17.00.010
Zoning map.
17.00.020
Boundaries.
17.00.030
Application of regulations.
17.00.040
Enforcement.
17.00.050
Prior land use regulations and
maps.
17.00.060
Annexation areas — Interim
regulations.
17.00.000 Applicability.
All provisions of this title apply throughout
the city, with no variation by zone district,
unless otherwise specified in this title.
17.00.010 Zoning map.
The locations and boundaries of zone dis-
tricts shall be as shown on that map entitled
"Official Zoning Map, Edmonds, Washing-
ton" which map shall reference the zoning dis-
tricts set forth in ECDC Title 16 (Zoning
Districts). The official zoning map, together
with all information shown on the map, is
adopted by this reference as if it were set forth
in this chapter in full. The city clerk shall keep
the official zoning map on file for public
inspection. The map shall be attested by the
mayor and city clerk, and may be amended
pursuant to Chapter 20.40 ECDC (Rezones).
17.00.020 Boundaries.
The following rules apply to interpretation
of the official zoning map:
A. Established Lines. Where boundaries
are shown along street lines, alley lines or lot
lines, those lines are the boundaries.
B. Other Lines. Boundaries not shown
along other established lines shall be dimen-
sioned.
C. Vacations. When the city vacates a street
or alley, the zone districts along either side
shall be extended to the centerline of the
vacated street.
D. Unclassified Land. All lands not classi-
fied according to the established district classi-
fications on the official zoning map shall be
classified as RS-12, pending study, public
hearing and specific classifications.
E. Annexed Land. The zoning classifica-
tion of all land annexed to the city shall be
determined at the time of annexation and after
two public hearings held at least 30 days apart
as required by state law, except when the
appropriate zoning cannot be determined with-
out further study and/or public comment. All
land annexed to the city and not simultane-
ously zoned shall be considered tentatively as
having a zoning classification that is the near-
est and most similar to the classification such
property enjoyed under county zoning, pend-
ing study, public hearing and specific classifi-
cations. [Ord. 2291 §§ 1, 2, 1982].
17.00.030 Application of regulations.
A. Code Compliance Required. All land in
the city shall be used, and all buildings shall be
built, structurally altered, or moved onto a site,
only in compliance with all regulations of this
zoning ordinance.
B. Setbacks — Density.
1. Any setback, yard, minimum lot size,
or open space required by this zoning ordi-
nance for one use may not be used to meet
minimum requirements of this zoning ordi-
nance for any other use.
2. When an existing lot is subdivided, or
is the subject of a lot line adjustment, the new
lot lines will not make any existing improve-
ments nonconforming to the regulations of this
zoning ordinance.
C. Public Structures and Uses. All public
structures and uses built or altered by the city
or any other public agency shall comply with
this zoning ordinance. Where it is a public
necessity to build, or alter, a structure or use in
a location or in a manner not complying with
this zoning ordinance, a variance may be con-
sidered. [Ord. 4154 § 5 (Att. D), 2019].
17-3 (Revised 7/19)
17.00.040
17.00.040 Enforcement.
A. Penalties. A violation of any provision
of the community development code or any
provision of any code adopted in this code by
reference shall be a misdemeanor. If a viola-
tion is committed, continued or permitted for
more than one day, each day or portion of a
day shall be a separate offense. A convicted
person shall be punished as set forth in Chapter
5.50 ECC (Penalties).
B. Other Remedies. The city may begin
civil or criminal action(s) to restrain and/or
enjoin any violation of this code, and to obtain
other injunctive or legal relief. The violator
shall pay the costs of such action including rea-
sonable city attorney fees.
17.00.050 Prior land use regulations and
maps.
The city clerk is hereby directed to file for
permanent record a copy of the following prior
land use regulations and maps:
A. That compilation entitled "City of
Edmonds Land Use Regulations," published
October 1, 1978, consisting of Title 12 (Zon-
ing and Platting), and Title 20 (Sign Code), as
the same has been amended through the end of
the year 1980;
B. The "Official Zoning Map, Edmonds,
Washington," adopted by Ordinance No. 1074
in 1964, and as amended from time to time
through the end of the year 1980.
The above referenced ordinances and zon-
ing map are hereby superseded by the adoption
of the Edmonds Community Development
Code and the new Official Zoning Map,
Edmonds, Washington, adopted by ECDC
17.00.010. In the event any portion of this
community development code, or any map,
plan, diagram, chart, code, or any other matter
adopted herein by reference and/or by direct
text, including but not limited to the new Offi-
cial Zoning Map, Edmonds, Washington, is for
any reason whatsoever held invalid or inappli-
cable to any person or property within the
jurisdiction of the city, then that portion of the
provision, map, plan, diagram, chart, text or
code shall be deemed repealed and the prior
applicable provisions shall be deemed revived
and applicable in full force and effect as if it or
they had not been previously superseded by
this code. The preceding ordinances, maps,
plans, diagrams, charts and codes that are so
superseded and may be revived include those
specifically referenced in subsections A and B
of this section, and in addition the entire
Edmonds City Code as the same was in effect
at the end of 1980, and all ordinances of the
city of Edmonds of which it was composed as
the same are on file with the city clerk.
17.00.060 Annexation areas — Interim
regulations.
A. In accordance with an interlocal agree-
ment between Snohomish County and the city
of Edmonds, building permits, conditional use
permits, and any and all other development
permits initiated prior to annexation and
vested under the laws of Snohomish County,
Washington and the state of Washington shall
continue to be administered and processed by
Snohomish County for a period of one year
from the date of annexation as more com-
pletely described below. In order to provide for
the smooth administration and transition of
areas to the city, the following regulations are
hereby adopted by reference as fully as if
herein set forth:
1. SCC 13.01.020 and Chapters 13.10
through 13.70, 13.95, 13.110 and 13.130 SCC,
entitled Roads and Bridges;
2. Chapter 16.04 SCC, entitled Fire
Code;
3. Chapters 17.04, 17.16, 17.18 and
17.40 SCC, entitled Buildings;
4. SCC Title 18, entitled Zoning Code;
5. Ordinance 80-28, entitled Road
Design Standards and Specifications;
6. SCC Title 23, entitled Environmental
Policy;
7. SCC Title 24, entitled Drainage;
(Revised 7/19) 17-4
Edmonds Community Development Code
17.35.040
constructed facing a property line do not
exceed 25 percent of the total length of that
property line.
2. A trellis up to two additional feet in
height to a maximum of eight feet may be
added as a decorative element to a fence facing
a street, alley or access easement so long as the
trellis remains free of any plantings, vegetation
or other visual obstruction.
3. An arbor up to three additional feet in
height to a nine -foot maximum may be con-
structed over a gate, walkway or entrance.
[Ord. 3348 § 1, 2001].
Chapter 17.35
ANIMALS
Sections:
17.35.010 Repealed.
17.35.020 Repealed.
17.35.030 Recodified.
17.35.040 Recodified.
17.35.010 Purpose.
Repealed by Ord. 3988. [Ord. 3343 § 1,
2001].
17.35.020 Definitions.
Repealed by Ord. 3988. [Ord. 3343 § 1,
2001].
17.35.030 Keeping of domesticated
animals in residential zones.
Recodified to ECC 5.05.015 by Ord. 3988.
[Ord. 3759 § 1, 2009; Ord. 3343 § 1, 2001].
17.35.040 Keeping of poultry and covered
animals in residential zones.
Recodified to ECC 5.05.130.1 by Ord. 3988.
[Ord. 3759 § 2, 2009; Ord. 3655 § 2, 2007;
Ord. 3343 § 1, 2001].
17-9 (Revised 7/19)
17.40.000
Chapter 17.40
NONCONFORMING USES, BUILDINGS,
SIGNS AND LOTS'
Sections:
17.40.000
Purpose.
17.40.010
Nonconforming uses.
17.40.020
Nonconforming building and/or
structure.
17.40.023
Amnesty for certain long -existing
wireless communication
facilities.
17.40.025
Vested nonconforming or illegal
accessory dwelling units.
17.40.030
Nonconforming lots.
17.40.040
Nonconforming signs.
17.40.050
Nonconforming local public
facilities.
17.40.060
Setback exemption.
17.40.000 Purpose.
The purpose of this chapter is to allow cer-
tain nonconforming uses, buildings, signs and
lots to continue while limiting the continuation
of certain aspects of nonconformity. Other
nonconforming uses, buildings, signs and lots,
which are declared to be nuisances, are
required to be eliminated. [Ord. 3696 § 1,
2008].
17.40.010 Nonconforming uses.
A. Definition. A nonconforming use is one
which was once allowed by applicable land
use regulations, but is no longer allowed, due
to the passage or later change of the ordinance
codified in this chapter or a prior ordinance.
B. Continuation. A nonconforming use
may continue, unless required to be abated by
subsection (C) of this section, but it may not be
expanded in any way, including additional lot
1. Ord. 3696 enacted Chapter 17.40 ECC on August 31,
2008. Prior legislation: Ords. 2292, 2429, 2936, 3024,
3153, 3247, 3283, 3300, 3327, 3353 and 3515.
area, floor area, height, number of employees,
equipment, or hours of operation, except as
otherwise provided in ECDC 17.40.050.
C. Lapse of Time.
1. If a nonconforming use ceases for a
period of six continuous months, any later use
of the property occupied by the former non-
conforming use shall conform to this zoning
ordinance. Uses such as agricultural uses,
which vary seasonally, shall be deemed aban-
doned if the seasonal use is not utilized during
one full season consistent with the traditional
use.
2. If a nonconforming residential use
ceases because its building is damaged in
excess of 75 percent of its replacement cost,
the use may be reestablished if, but only if, an
application for a building permit which vests
as provided in ECDC 19.00.025(G) et seq. is
filed within 18 months of the date such damage
occurred. After the application has been filed,
only one 180-day extension may be granted.
3. The right of reestablishment of use
described in subsection (C)(2) of this section
shall not apply if:
a. The building or structure was dam-
aged or destroyed due to the unlawful act of
the owner or the owner's agent; or
b. The building is damaged or
destroyed due to the ongoing neglect or gross
negligence of the owner or the owner's agent.
In the event that subsection (C)(3)(a) or
(b) of this section apply, the nonconforming
use shall be abated if damage exceeds 25 per-
cent of replacement cost. "Replacement cost"
shall be determined as provided in ECDC
17.40.020(F).
D. Conditional Uses. A legal use does not
become nonconforming because the zone in
which it is located is changed to a zone district
which requires a conditional use permit for the
use. However, the use may not be expanded, as
provided for in subsection (B) of this section,
without obtaining a conditional use permit.
[Ord. 4151 § 1 (Att. A), 2019; Ord. 3696 § 1,
2008].
(Revised 7/19) 17-10
Edmonds Community Development Code
17.40.020
17.40.020 Nonconforming building and/or
structure.
A. Definition. A nonconforming building is
one which once met bulk zoning standards and
the site development standards applicable to
its construction, but which no longer conforms
to such standards due to the enactment or
amendment of the zoning ordinance of the city
of Edmonds or the application of such ordi-
nance in the case of a structure annexed to the
city. Subject to the other provisions of this sec-
tion, an accessory building that is not an acces-
sory dwelling unit shall be presumptively
nonconforming if photographic or other sub-
stantial evidence conclusively demonstrates
that the accessory building existed on or before
January 1, 1981. In the case of a property that
was annexed after January 1, 1981, then the
date shall be that of the effective date of the
annexation of the city of Edmonds. Such pre-
sumption may be overcome only by clear and
convincing evidence.
B. Continuation. A nonconforming build-
ing or structure may be maintained and contin-
ued, unless required to be abated elsewhere in
this chapter or section, but it may not be
changed or altered in any manner which
increases the degree of nonconformity of the
building except as expressly provided in sub-
sections (C) through (I) of this section.
C. Historic Buildings and Structures. Noth-
ing in this section shall prevent the full resto-
ration by reconstruction of a building or
structure which is either listed on the National
Register of Historic Places, the Washington
State Register of Historic Places, the Washing-
ton State Cultural Resource Inventory, or the
Edmonds Register of Historic Places, or is
listed in a council -approved historical survey
meeting the standards of the State Department
of Archaeology and Historic Preservation.
"Restoration" means reconstruction of the his-
toric building or structure with as nearly the
same visual design appearance and materials
as is consistent with full compliance with the
State Building Code and consistent with the
requirements of Chapter 20.45 ECDC,
Edmonds Register of Historic Places. The
reconstruction of all such historic buildings
and structures shall comply with the life safety
provisions of the State Building Code.
D. Maintenance and Alterations.
1. Ordinary maintenance and repair of a
nonconforming building or structure shall be
permitted.
2. Solar Energy Installations on Build-
ings That Exceed Existing Height Limits. A
rooftop solar energy installation mounted on a
nonconforming building that exceeds the
existing height limit may be approved as a
Type II staff decision if.
a. The installation exceeds the exist-
ing roof height by not more than 36 inches.
b. The installation is designed and
located in such a way as to provide reasonable
solar access while limiting visual impacts on
surrounding properties.
3. Alterations which otherwise conform
to the provisions of the zoning ordinance, its
site development and bulk standards, and
which do not expand any nonconforming
aspect of the building, shall be permitted.
4. In an effort to provide modular relief,
minor architectural improvements in commer-
cial and multifamily zones may encroach into
the nonconforming setback adjacent to an
access easement or public right-of-way not
more than 30 inches. Minor architectural
improvements may also be permitted in non-
conforming side or rear yard setbacks only if
they intrude not more than 30 inches nor one-
half of the distance to the property line, which-
ever is less. "Minor architectural improve-
ments" are defined as and limited to bay
windows, eaves, chimneys and architectural
detail such as cornices, medallions and decora-
tive trim. Such improvements shall be required
to obtain architectural design review. Nothing
herein shall be interpreted to exempt such
improvements in compliance with the State
Building and Fire Codes.
5. Alterations required by law or the
order of a public agency in order to meet health
and safety regulations shall be permitted.
17-10.1 (Revised 7/19)
17.40.020
E. Relocation. Should a nonconforming
building or structure be moved horizontally for
any reason for any distance, it shall thereafter
come into conformance with the setback and
lot coverage requirements for the zone in
which it is located. Provided, however, that a
building or structure may be moved on the
same site without full compliance if the move-
ment reduces the degree of nonconformity of
the building or structure. Movement alone of a
nonconforming building or structure to lessen
an aspect of its nonconformity shall not require
the owner thereof to bring the building or
structure into compliance with other bulk or
site development standards of the city applica-
ble to the building or structure.
F. Restoration.
1. If a nonconforming building or struc-
ture is destroyed or is damaged in an amount
equal to 75 percent or more of its replacement
cost at the time of destruction, said building
shall not be reconstructed except in full con-
formance with the provisions of the Edmonds
Community Development Code. Determina-
tion of replacement costs and the level of
destruction shall be made by the building offi-
cial and shall be appealable as a Type II staff
decision under the provisions of Chapter 20.06
ECDC. Damage of less than 75 percent of
replacement costs may be repaired, and the
building returned to its former size, shape and
lot location as existed before the damage
occurred, if, but only if, such repair is initiated
by the filing of an application for a building
permit which vests as provided in ECDC
19.00.025(G) et seq. within 18 months of the
date such damage occurred. The director may
grant a one-time extension of up to 180 days if
a written extension request has been received
from the applicant prior to the expiration of the
initial 18 months.
2. Residential Buildings. Existing non-
conforming buildings in commercial zones in
use solely for residential purposes, or struc-
tures attendant to such residential use, may be
reconstructed without regard to the limitations
of subsections (E) and (F) of this section, if,
but only if, the following conditions are met:
a. If a nonconforming multifamily
residential building or a mixed use building
containing multiple residential units is dam-
aged in excess of 75 percent of its replacement
cost at the time of destruction, the building
may be restored to the same density, height,
setbacks or coverage as existing before the
destruction or damage occurred if, but only if,
an application for a building permit which
vests as provided in ECDC 19.00.025(G) et
seq. is filed within 18 months of the date the
damage occurred. The director may grant a
one-time extension of up to 180 days if a writ-
ten extension request has been received from
the applicant prior to the expiration of the ini-
tial 18 months.
b. All provisions of the State Build-
ing and Electrical Codes can be complied with
entirely on the site. No nonconforming resi-
dential building may be remodeled or recon-
structed if, by so doing, the full use under state
law or city ordinance of a conforming neigh-
boring lot or building would be limited by such
remodel or reconstruction.
c. These provisions shall apply only
to the primary residential use on site and shall
not apply to nonconforming accessory build-
ings or structures.
d. A nonconforming residential sin-
gle-family building may be rebuilt within the
defined building envelope if it is rebuilt with
materials and design which are substantially
similar to the original style and structure after
complying with current codes. Substantial
compliance shall be determined by the city as
a Type II staff decision. The decision of the
hearing examiner shall be final and appealable
only as provided in ECDC 20.06.150.
3. The right of restoration shall not
apply if:
a. The building or structure was dam-
aged or destroyed due to the unlawful act of
the owner or the owner's agent;
(Revised 7/19) 17-10.2
Edmonds Community Development Code
17.40.025
b. The building is damaged or
destroyed due to the ongoing neglect or gross
negligence of the owner or owner's agents; or
c. The building was demolished for
the purpose of redevelopment.
G. Subject to the other provisions of this
section, an accessory building that is not an
accessory dwelling unit shall be presumptively
nonconforming if photographic or other sub-
stantial evidence conclusively demonstrates
that the accessory building existed on or before
January 1, 1981. In the case of a property that
was annexed after January 1, 1981, then the
date shall be that of the effective date of the
annexation to the city of Edmonds. Such pre-
sumption may be overcome only by clear and
convincing evidence.
H. BD5 Zone. The BD5 zone was created
in part to encourage the adoption and reuse of
existing residential structures for live/work
and commercial use as set forth in ECDC
16.43.030(B)(5). In the BD5 zone, conforming
and nonconforming buildings may be con-
verted to commercial or other uses permitted
by ECDC 16.43.020 without being required to
come into compliance with the ground floor
elevation requirements of ECDC
16.43.030(B).
I. The antenna and related equipment of a
nonconforming wireless communication facil-
ity may be completely replaced with a new
antenna and related equipment; provided, that,
upon replacement, the applicant shall use the
best available methods and materials to
enhance the appearance of the antenna and
related equipment and/or screen it from view
in a manner that improves the visual impact or
the conspicuity of the nonconformity. [Ord.
4154 § 6 (Att. D), 2019; Ord. 4151 § 2 (Att.
A), 2019; Ord. 3961 § 3, 2014; Ord. 3866 § 2,
2011; Ord. 3781 § 1, 2010; Ord. 3736 §§ 13,
14, 2009; Ord. 3696 § 1, 2008].
17.40.023 Amnesty for certain long -
existing wireless communication
facilities.
A. Any wireless communications facility
that was established prior to August 5, 1998,
and does not conform to the current standards
of Chapter 20.50 ECDC shall be treated as a
legal nonconforming wireless communication
facility regardless of whether the original
establishment of that wireless communication
facility complied with applicable code that
existed at the time of such establishment.
B. The owner of such a facility must pres-
ent substantial evidence that conclusively
demonstrates that the wireless communica-
tions facility existed on or before August 5,
1998.
C. All maintenance and alterations may be
made in accordance with ECDC 17.40.020.
[Ord. 3962 § 1, 2014].
17.40.025 Vested nonconforming or
illegal accessory dwelling units.
A. Illegal or nonconforming accessory
dwelling units which registered with the city
during the registration period which ended
October 16, 2000, at 5:00 p.m. are hereby
declared to be legal nonconforming detached
and attached accessory dwelling units (ADU).
Accessory dwelling unit (ADU) is defined in
Chapter 20.21 ECDC.
B. Once registered, a formerly illegal or
nonconforming ADU shall enjoy all the pro-
tections and privileges afforded to a noncon-
forming building under the provisions of
ECDC 17.40.020.
C. Legal nonconforming units which
received a permit certificate confirming such
status and listing the physical dimensions and
other characteristics of the structure may be
continued in accordance with such permit cer-
tificate.
D. Failure to register a structure within the
time period established by the provisions of
this section shall be considered to be presump-
tive proof that such a unit is an illegal unit and
subject to abatement. The owner of such struc-
17-10.3 (Revised 7/19)
17.40.030
ture may overcome such a presumption only
by presentation of substantial and competent
evidence which establishes the legal noncon-
forming nature of such building by clear and
convincing evidence that the structure was
permitted by Snohomish County or the city of
Edmonds, was permitted by such agency and
was in complete compliance with the applica-
ble provisions of state law and county or city
ordinance, at the dates such construction was
initiated and was completed. [Ord. 4154 § 7
(Att. D), 2019; Ord. 3696 § 1, 2008].
17.40.030 Nonconforming lots.
A. Definition. A nonconforming lot is one
which met applicable zoning ordinance stan-
dards as to size, width, depth and other dimen-
sional regulations at the date on which it was
created but which, due to the passage of a zon-
ing ordinance, the amendment thereof or the
annexation of property to the city, no longer
conforms to the current provisions of the zon-
ing ordinance. A lot which was not legally cre-
ated in accordance with the laws of the local
governmental entity in which it was located at
the date of the creation is an illegal lot and will
not be recognized for development.
B. Continuation. A nonconforming lot may
be developed for any use allowed by the zon-
ing district in which it is located, even though
such lot does not meet the size, width, depth
and other dimensional requirements of the dis-
trict, so long as all other applicable site use and
development standards are met or a variance
from such site use or development standards
has been obtained. In order to be developed a
nonconforming lot must meet minimum lot
size standards established by the provisions of
this code, subject to the provisions of subsec-
tion (D) of this section.
C. Combination. If, since the date on which
it became nonconforming due to its failure to
meet minimum lot size or width criteria, an
undeveloped nonconforming lot has been in
the same ownership as a contiguous lot or lots,
the nonconforming lot is to be and shall be
deemed to have been combined with such con-
tiguous lot or lots to the extent necessary to
create a conforming lot and thereafter may
(Revised 7/19) 17-10.4
Edmonds Community Development Code
17.50.020
2. If any change of use occurs, or any
addition is built, additional parking spaces to
meet the requirements of this chapter shall be
provided.
B. Existing Uses or Structures Not Includ-
ing the Downtown Business Area.
1. Existing uses or structures shall not
be required to comply with the requirements of
this chapter except under subsection (B)(2) or
(13)(3) of this section, if they have off-street
parking which complied with applicable regu-
lations at the time the use began or the struc-
ture was occupied.
2. If a change of use takes place, or an
addition is built, which increases the number
of off-street parking spaces normally required
by this chapter by more than 10 percent but
less than 100 percent, the number of additional
off-street parking spaces required by this chap-
ter for the new use or addition shall be required
to be provided in addition to the number of
spaces previously existing. In no case shall the
total requirement exceed that required by this
chapter.
3. If a change of use takes place, or an
addition is built, which increases the number
of off-street parking spaces normally required
by this chapter by 100 percent or more, the full
number of spaces required by this chapter for
the new use or the entire altered building shall
be provided.
C. The Downtown Business Area.
1. All new buildings or additions in the
downtown business area shall provide parking
at a flat rate of one parking stall for every 500
sq. ft. of gross floor area of building. If it is a
mixed use or residential building, the portions
of the building used exclusively for residential
uses shall only be required to provide parking
at one stall per dwelling unit. For purposes of
this chapter, "residential uses" shall refer to
lobbies, stairwells, elevators, storage areas and
other similar features.
2. All existing and new uses in existing
buildings are considered to comply with the
parking requirements set forth in this chapter
of the code. [Ord. 4140 § 2, 2019; Ord. 3496
§ 2, 2004].
17.50.020 Parking space requirements.
[Refer to ECDC 17.50.010(C) and
17.50.070 for standards relating to the down-
town business area.]
A. Residential.
1. Single-family and multifamily.
a. Single-family dwellings: two
spaces per dwelling unit, except:
b. Multiple residential according to
the following table:
Type of multiple
dwelling unit
Required parking spaces
per dwelling unit
Studio
1.2
1 bedroom
1.5
2 bedrooms
1.8
3 or more bedrooms
2.0
2. Boarding house: one space per bed.
3. Rest home, nursing home, convales-
cent home, residential social welfare facilities:
one space per three beds.
4. Single-family dwellings with acces-
sory dwelling unit: three spaces total.
B. Business.
1. Retail stores, including art galleries,
convenience stores, department stores, dis-
count stores, drug stores, grocery stores, super-
markets: one space per 300 square feet;
2. Furniture, appliances, and hardware
stores: one space per 600 square feet;
3. Services uses, including barber shops,
beauty shops, dry cleaners, laundries, repair
shops: one space per 600 square feet;
4. Medical, dental and veterinarian
offices, banks and clinics: one space per 200
square feet;
17-11 (Revised 7/19)
17.50.020
5. Business and professional offices
with on -site customer service: one space per
400 square feet;
6. Offices not providing on -site cus-
tomer service: one space per 800 square feet;
7. Bowling alley: four spaces per bowl-
ing lane;
(Revised 7/19) 17-12
Edmonds Community Development Code
17.100.020
Chapter 17.100
COMMUNITY FACILITIES
Sections:
17.100.010
Purpose and intent.
17.100.020
Churches.
17.100.030
Conditional use permits (CUP) —
Community churches and
schools requiring a CUP.
17.100.040
Conditional use plan — Additional
criteria.
17.100.050
Local public facilities and
schools.
17.100.060
Regional public facilities.
17.100.070
Parks facilities.
17.100.010 Purpose and intent.
The purpose of this chapter is to establish
reasonable regulations and standards for the
various classes of "community facilities" as
allowed or conditionally permitted within the
city's zoning districts. Because community
facilities are allowed to some degree in each of
the city's residential and commercial zoning
districts, the intent of this chapter is to provide
for the development of such facilities in a man-
ner that balances the public desire or need to
site such facilities within the city, but mini-
mizes the potential adverse impacts of such
facilities upon residential neighborhoods and
capital facilities such as streets and sewers.
These regulations are in addition to any other
applicable development regulations or perfor-
mance standards that are otherwise provided
for in the Community Development Code. To
the extent that these regulations vary or differ
from other such development regulations or
performance standards, the more restrictive
regulations or standards shall apply. [Ord.
3353 § 12, 2001].
17.100.020 Churches.
A. Permitted Use. Churches shall be
allowed uses within all residential, business
and commercial zones, subject to the require-
ments of this section. Neighborhood churches
shall be outright permitted uses in all zones;
community churches shall be conditional uses
in all zones.
B. Site Size. All church sites shall meet the
minimum lot size for the zone in which they
are located.
C. Parking Requirements. All churches
shall meet the on -site parking requirements of
Chapter 17.50 ECDC. Joint use parking
arrangements may be authorized under the
provisions of Chapter 20.30 ECDC.
All on -site parking lots shall be screened
from adjacent residential properties with a
solid wall or sight -obscuring fence not less
than six feet in height. Such walls or fences
may be built progressively as the parking facil-
ities are installed. Landscaping shall be
required in accordance with ECDC 20.13.025
and any additional conditions or requirements
imposed pursuant to ADB review as required
by Chapter 20.10 ECDC.
The plan shall address the following: traffic
control, parking management, mitigation mea-
sures for overflow parking into adjoining resi-
dential areas, and traffic movement to the
nearest arterial street.
D. Orientation to Transportation Facilities.
1. Neighborhood churches may be
located upon a local (non -arterial) street.
2. Community churches that measure
22,000 square feet shall be located adjacent to
a collector or minor arterial street, or within
1,200 feet, as measured along the centerline of
the right-of-way, of a principal arterial street.
E. Height. The maximum height shall not
exceed the maximum height for the zone in
which the church is located, provided, how-
ever, that:
1. In residential neighborhoods or in
zones in which the height limit would not per-
mit construction of a structure of 50 feet in
height, a steeple, bell tower, cross or other reli-
gious symbol or icon may be permitted to a
maximum total height, inclusive of such sym-
bols or icons, of 50 feet, with a conditional use
permit, in which case the minimum setback
shall be increased by one foot for each one foot
17-31 (Revised 7/19)
for which any portion of the structure that
exceeds the maximum height for the applica-
ble zoning district; and
2. In residential zones or any zone in
which a structure 35 feet in height is not a per-
mitted use, sanctuaries, auditoriums and other
portions of a structure which are utilized for
religious assembly may be permitted to a
height of 35 feet with a conditional use permit.
F. Separate On -Site Structures. The maxi-
mum height for separate structures within the
setback areas, such as bell towers, crosses,
statuary, or other symbolic religious icons
shall be 15 feet within residential zones and 20
feet in all other zones.
G. Lighting. All exterior lighting shall be
arranged and directed so as to direct the light
away from adjacent residential uses.
H. Noise. The noise levels generated by
bell towers, chimes, live or recorded music,
voices, or other sources, whether amplified or
not, shall not violate the maximum environ-
mental noise levels as established in WAC
173-60-040, as hereafter amended.
I. Secondary Uses.
1. Any use otherwise allowed or condi-
tionally permitted within the particular zone in
which the church is located, may be allowed as
a secondary use; provided, that the conditions
of subsections (I)(2) and (3) of this section are
met.
2. If the proposed secondary use is a
conditional or nonconforming use in the zone
in which the church is located, then a condi-
tional use permit shall be required for such sec-
ondary use.
3. A use shall be considered secondary
only where the use is subordinate to the pri-
mary use of free worship, with respect to at
least two of the following criteria:
a. The amount of space allocated to
the use;
b. The duration of use; or
c. The number of people served or
involved in the use. [Ord. 3353 § 12, 2001].
17.100.030 Conditional use permits (CUP)
— Community churches and
schools requiring a CUP.
A. All new churches and schools and any
nonconforming church or school whose
review has been triggered pursuant to ECDC
17.40.050 shall register with the staff on a
form developed for its use. The staff shall
determine which churches qualify as neighbor-
hood churches; churches failing to register
shall be presumed to be community churches.
B. Decisions to approve, condition, or deny
a CUP; to review a CUP; or decline to renew a
CUP shall be a Type III-B decision. [Ord. 4154
§ 8 (Att. D), 2019; Ord. 3783 § 6, 2010; Ord.
3775 § 6, 2010; Ord. 3736 § 23, 2009; Ord.
3353 § 12, 2001].
17.100.040 Conditional use plan —
Additional criteria.
Conditional use permit requirements have
been imposed upon community churches and
schools solely for the purpose of mitigating neg-
ative impacts to the surrounding neighborhood.
The provisions of this chapter and the conditional
use permit criteria of Chapter 20.05 ECDC shall
be liberally construed and applied in order to per-
mit, encourage and accommodate churches
within the neighborhood and all zones of the city,
so long as the negative impacts from the church
are adequately mitigated. Schools shall be condi-
tionally permitted pursuant to Chapter 20.05
ECDC and ECDC 17.40.050(B). Nothing herein
shall be interpreted to or condition the program-
matic and educational authority delegated to the
school district by state statute. The provisions of
this chapter shall not be applied in a way which
exclude a church which has adequately mitigated
its impacts from any zone of the city. The city
will take all reasonable steps necessary to accom-
modate a church use in accordance with state and
federal law. Schools are an essential part of the
life of a community and all appropriate deference
shall be given to the programmatic decisions of
the school district. [Ord. 3353 § 12, 2001].
(Revised 7/19) 17-32
Title 19
BUILDING CODES
Chapters:
19.00
Building Code........................................................................................
3
19.05
Residential Building Code.....................................................................
16
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 7/19)
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.
19.00.045
Reconstruction of damaged
buildings.
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
19-3 (Revised 7/19)
19.00.015
by the building official, shall apply. [Ord. 4029
§ 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3796 § 1, 2010].
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, 20101.
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.
B. Section 105.1.1, Annual Permit, is
deleted.
C. Section 105.1.1, Demolition Permits, is
added and shall read:
Before the partial or complete demoli-
tion of any building or structure (interior
or exterior), a demolition permit shall
be obtained from the building official.
The permit fee is established pursuant
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.
4. Repair of any damage to, and resto-
ration of, any public property to sub -
(Revised 7/19) 19-4
Edmonds Community Development Code
19.00.025
stantially original conditions, i.e., alley,
street, sidewalk, landscaping, water,
sewer, storm and other utilities, rocker-
ies, retaining walls, etc, in accordance
with this code and the City's engineer-
ing requirements.
19-4.1
(Revised 7/19)
This page left intentionally blank.
(Revised 7/19) 19-4.2
Edmonds Community Development Code
19.00.025
I. 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
20.06.030 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 7/19)
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 7/19) 19-10
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 11101.2.1, 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
H110, Roof signs, are deleted. [Ord. 4154 § 9
(Att. D), 2019; 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 7/19)
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(Revised 7/19) 19-12.2
Edmonds Community Development Code
19.00.045
vices are provided of a watch by paid staff or
volunteers who shall, on premises, monitor for
fires or violations of no smoking prohibitions.
At least one fire monitor shall be provided for
each eight persons housed.
3. Provide an operational smoke detec-
tion system.
4. Prohibit the smoking of tobacco or
similar products on the premises and prohibit
the use of any open flame in the area in which
the homeless or indigent persons are temporar-
ily housed.
5. Maintain clear and unobstructed
means of egress. Exits must not be locked in
the direction of egress unless a special egress
control device is installed in accordance with
the building code.
C. The application of this exclusion is
intended to fulfill the city's obligation to pro-
vide flexibility and consider reasonable alter-
natives in the application of the rigid
requirements of the State Building Code. The
building official is directed to avoid technical
inflexibility, to consider the use of any reason-
able alternative which would provide the min-
imum protections required either under the
State Building Code or this exclusion and to be
flexible when considering alternative
approaches to the specific requirements set
forth above. All decisions by the building offi-
cial shall be in writing and articulate the public
interest to be served as well as an analysis of
the alternatives.
D. These provisions are for the purpose of
providing for and promoting the health, safety
and welfare of the general public. See Chapter
19.90 ECDC, Limitation of Benefited and Pro-
tected Classes. [Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § I (Exh. A), 2013; Ord. 3796 § 1,
2010].
19.00.045 Reconstruction of damaged
buildings.
For any structure that is destroyed, damaged
or demolished in an amount equal to 75 per-
cent or more of its replacement cost at the time
of destruction, the reconstruction shall be con-
sidered to be under the category of "new" con-
struction. Determination of replacement costs
and the level of destruction shall be made by
the building official and shall be appealable as
a Type II staff decision under the provisions of
Chapter 20.06 ECDC. The "new" construction
will be subject to all applicable requirements
of the Edmonds Community Development
Code for a new building, including but not lim-
ited to zoning, utilities and site -related fea-
tures; provided, that Chapter 17.40 ECDC also
applies to certain requirements for noncon-
forming buildings and uses. [Ord. 4151 § 3
(Att. A), 2019].
19-15 (Revised 7/19)
19.05.000
Chapter 19.05
RESIDENTIAL BUILDING CODE
Sections:
19.05.000 International Residential Code
adopted.
19.05.010 Chapter 1 not adopted.
19.05.015 Other chapters not adopted.
19.05.020 Section amendments.
19.05.030 Manufactured home installation
standards.
19.05.000 International Residential Code
adopted.
The International Residential Code (IRC),
2015 Edition, published by the International
Code Council, as amended by the Washington
State Building Code Council in Chapter 51-51
WAC, and as subsequently amended by this
chapter, is hereby adopted along with Appen-
dix Chapters A, B, C, F and K. [Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013;
Ord. 3819 § 1, 2010; Ord. 3796 § 2, 2010].
19.05.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided
for in ECDC 19.00.015. [Ord. 4029 § 1 (Att.
A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3796 § 2, 2010].
19.05.015 Other chapters not adopted.
Chapters 11, 20 and 21, and Part VII,
Plumbing, and Part VIII, Electrical, are not
adopted. See Chapter 19.20 ECDC for adopted
plumbing code and Chapter 19.55 ECDC for
adopted electrical code. [Ord. 4029 § I (Att.
A), 2016; Ord. 3926 § 1 (Exh. A), 2013].
19.05.020 Section amendments.
The following sections of the IRC are
hereby amended as follows:
A. Table R301.2(1), Climatic and Geo-
graphic Design Criteria, is amended with the
following criteria:
1. Ground Snow Load = 25 psf non -re-
ducible
2. Wind Speed(d) = 85 mph
3. Topographical effects(k) = No
4. Seismic Design Category(f) = D1
5. Weathering(a) = moderate
6. Frost Line Depth(b) = 18 inches
7. Termite(c) = slight to moderate
8. Winter Design Temp(e) = 27 de-
grees F
9. Flood Hazard(g) = NFIP adoption
3/26/74. FIRM maps 11/8/99
10. Ice Shield Underlayment(h) = not
required
11. Air Freezing Index(i) = 0-1000
12. Mean Annual Tempo) = 50 de-
grees F
B. R313.1, Automatic fire sprinkler sys-
tem, is added and reads:
1. An approved automatic fire sprin-
kler system shall be installed in new
buildings containing five (5) or more at-
tached dwelling units. Refer to ECDC
19.25.035.
2. An approved automatic fire sprin-
kler system shall be installed in new
one -family and two-family dwellings
and townhouses exceeding 3,000
square feet of fire area.
3. The design and installation of resi-
dential fire sprinkler systems shall be
in accordance with NFPA 13D.
(Revised 7/19) 19-16
Edmonds Community Development Code
19.05.030
C. R322.1, General, is hereby amended as
follows:
Buildings and structures constructed in
whole or in part in flood hazard areas
(including A or V Zones) as estab-
lished in Table R301.2(1) shall be de-
signed and constructed in accordance
with the provisions contained in this
section. Construction or reconstruction
of residential structures is prohibited
within designated floodways, except
for (i) repairs, reconstruction, or im-
provements to a structure which do not
increase the ground floor area; and (ii)
repairs, reconstruction or improve-
ments 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, be-
fore the damage occurred. Any project
for improvement of a structure to cor-
rect existing violations of State or local
health, sanitary, or safety code specifi-
cations 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
calculation.
[Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3819 § 2, 2010; Ord.
3796 § 2, 2010].
19.05.030 Manufactured home
installation standards.
A. Permit Regulations.
1. Chapter 296-150M WAC, as cur-
rently promulgated together with any future
amendments thereof, or future additions
thereto, is hereby adopted. The building offi-
cial is authorized to issue building permits and
collect permit fees for the installation of all
manufactured homes that meet the require-
ments of this chapter, to inspect the installation
of manufactured homes, and enforce all viola-
tions of this chapter.
19-16.1 (Revised 7/19)
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(Revised 7/19) 19-16.2
Title 20
REVIEW CRITERIA AND PROCEDURES
Chapters:
20.00
Changes to the Comprehensive Plan .................................................
3
20.01
Types of Development Project Permits..............................................4
20.02
Development Project Permit Applications......................................8.2
20.03
Public Notice Requirements.............................................................11
20.04
Consistency with Development Regulations and SEPA ...............12.3
20.04A
Expired........................................................................................12.4a
20.05
Conditional Use Permits..............................................................12.4b
20.06
Public Hearings and Appeals.......................................................12.4c
20.07
Repealed......................................................................................12.4k
20.08
Development Agreements...........................................................12.4k
20.10
Design Review..........................................................................
12.4m
20.11
General Design Review..............................................................
12.4o
20.12
District -Based Design Review ...................................................
12.4r
20.13
Landscaping Requirements........................................................
12.4v
20.15A
Environmental Review(SEPA).......................................................
13
20.15B
Repealed..........................................................................................
43
20.16
Essential Public Facilities................................................................
43
20.18
Group Homes...................................................................................
48
20.19
Home Day Care...............................................................................
49
20.20
Home Occupations..........................................................................
51
20.21
Accessory Dwelling Units............................................................
52.2
20.23
Bed and Breakfasts........................................................................54.1
20.25
Housing for the Low Income Elderly ...........................................
54.2
20.30
Joint Use of Parking........................................................................
56
20.35
Planned Residential Development (PRD).......................................
57
20.40
Rezones.........................................................................................62.4
20.45
Edmonds Register of Historic Places ...........................................
62.5
20.50
Wireless Communication Facilities .................................................
63
20.55
Repealed.....................................................................................
70.19
20.60
Sign Code........................................................................................
71
20.65
Street Map Changes....................................................................
72.16
20.70
Street Vacations...............................................................................
73
20.75
Subdivisions....................................................................................
76
20.80
Text and Map Changes....................................................................
89
20.85
Variances.........................................................................................
90
20.90
Repealed..........................................................................................
91
20.91
Repealed..........................................................................................
91
20.95
Repealed..........................................................................................
91
20-1 (Revised 7/19)
20.100 Miscellaneous Review......................................................................92
20.105 Repealed.......................................................................................... 93
20.110 Civil Violation— Enforcement Procedure........................................93
(Revised 7/19) 20-2
Edmonds Community Development Code
20.00.050
Chapter 20.00
CHANGES TO THE
COMPREHENSIVE PLAN
Sections:
20.00.000
Scope.
20.00.010
Submittal of amendments.
20.00.020
Notice.
20.00.030
Receipt by mayor and clerk
certification.
20.00.040
Council action on amendments
20.00.050
Findings.
20.00.000 Scope.
The requirements of this chapter apply to
proposed changes to the existing comprehen-
sive plan and to future adoption of any new
elements to the plan or a new plan. [Ord. 3076
§ 1, 1996].
20.00.010 Submittal of amendments.
In order to meet the requirements of the
Washington State Growth Management Act,
Chapter 36.70A RCW, the city shall undertake
comprehensive plan amendments only once
per year. All amendments requested by the city
or private parties shall be reviewed concur-
rently to ensure that the integrity of the com-
prehensive plan is preserved. All comprehen-
sive plan amendment requests are to be
provided in writing, on a form provided by the
director, and are to be submitted no later than
December 31 st of every year, or the first busi-
ness day after December 31, should that date
occur on a holiday or weekend. The council
may, for good cause shown, accept applica-
tions after the prescribed deadline. [Ord. 3278
§ 1, 1999; Ord. 3076 § 1, 1996].
20.00.020 Notice.
Upon receipt of a completed application for
a comprehensive plan amendment, or upon
direction of the council, and following depart-
ment review, hearings shall be set before the
planning board and city council. In lieu of all
other methods of giving notice, notice shall be
given for a public hearing on a proposed
change to the comprehensive plan by publica-
tion at least 10 days before the hearing in a
newspaper of general circulation in the city of
Edmonds as set forth in ECC 1.03.030 setting
forth the time, place and purpose of the hear-
ing. Continued hearings may be held by the
planning board or city council, but no addi-
tional notices need be published. [Ord. 3076
§ 1, 1996].
20.00.030 Receipt by mayor and clerk
certification.
Within 20 working days following the adop-
tion of a recommendation by the planning
board, the board shall transmit a copy of its
recommendations to the city council through
the office of the mayor, who shall acknowl-
edge receipt thereof and direct the city clerk or
appropriate deputy clerk to certify thereon the
date of receipt. [Ord. 3076 § 1, 1996].
20.00.040 Council action on amendments.
Within 60 days of receipt of the planning
board's recommendation and the completion
of the public hearing required by ECDC
20.00.020, the city council shall consider the
recommendation and may at that time or sub-
sequently approve, approve with modifica-
tions, or disapprove the proposed amendment
based upon the findings required by this chap-
ter and any other applicable provisions.
Amendments to the comprehensive plan shall
be adopted by ordinance. [Ord. 3076 § 1,
1996].
20.00.050 Findings.
Amendment to the comprehensive plan may
be adopted only if the following findings are
made:
A. The proposed amendment is consistent
with the provisions of the Edmonds Compre-
hensive Plan and is in the public interest;
B. The proposed amendment would not be
detrimental to the public interest, health, safety
or welfare of the city;
20-3 (Revised 7/19)
20.01.000
C. The proposed amendment would main-
tain the appropriate balance of land uses within
the city; and
D. In the case of an amendment to the com-
prehensive policy plan map, the subject par-
cels are physically suitable for the requested
land use designation(s) and the anticipated
land use development(s), including, but not
limited to, access, provision of utilities, com-
patibility with adjoining land uses and absence
of physical constraints. [Ord. 3076 § 1, 1996].
Chapter 20.01
TYPES OF DEVELOPMENT
PROJECT PERMITS
Sections:
20.01.000
Purpose and general provisions.
20.01.001
Types of actions.
20.01.002
Determination of proper
procedure type.
20.01.003
Permit type and decision
framework.
20.01.006
Legislative enactments not
restricted.
20.01.007
Exempt projects.
20.01.000 Purpose and general provisions.
A. The purpose of this chapter is to estab-
lish standard procedures, decision criteria,
public notification, and timing for develop-
ment project permit application decisions
made by the city of Edmonds. These proce-
dures are intended to:
1. Promote timely and informed public
participation;
2. Eliminate redundancy in the applica-
tion, permit review, and appeals processes;
3. Process permits equitably and expedi-
ently;
4. Balance the needs of permit appli-
cants with neighbors;
5. Ensure that decisions are made con-
sistently and predictably; and
6. Result in development that furthers
city goals as set forth in the comprehensive
plan.
These procedures provide for an integrated
and consolidated land use permit process. The
procedures integrate the environmental review
process with land use procedures, decisions,
and consolidated appeal processes.
B. The provisions of this title supersede all
other procedural requirements that may exist
in other sections of the city code. When inter-
preting and applying the standards of this title,
its provisions shall be the minimum require-
ments. Where conflicts occur within provi-
(Revised 7/19) 20-4
Edmonds Community Development Code
20.01.002
sions of this title and/or between this title and
other city code provisions and regulations, the
more restrictive provisions shall apply. Where
conflict between the text of this title and the
zoning map ensue, the text of this title shall
prevail.
C. Unless otherwise specified, all refer-
ences to days shall be calendar days. When-
ever the last day of a deadline falls on a
Saturday, Sunday, legal holiday designated by
RCW 1.16.050 or by a city ordinance, or any
day when City Hall or the city's development
services department is closed to the public by
formal executive or legislative action, the
deadline shall run until the next day that is not
a Saturday, Sunday, or holiday or closed day.
[Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1,
2010].
20.01.001 Types of actions.
There are five main types of actions (or per-
mits) that are reviewed under the provisions of
this chapter. The types of actions are based on
who makes the decision, the amount of discre-
tion exercised by the decision making body,
the level of impact associated with the deci-
sion, the amount and type of public input
sought, and the type of appeal opportunity.
A. Administrative Decisions. Type I and II
decisions are administrative decisions made by
the development services director or his/her
designee (hereinafter the "director"). Type I
permits are ministerial decisions and are based
on compliance with specific, nondiscretionary
and/or technical standards that are clearly enu-
merated. Type II permits are administrative
decisions where the director makes a decision
based on standards and clearly identified crite-
ria, but where public notice is required. Unless
otherwise provided, appeals of Type II deci-
sions shall be initiated as set forth in ECDC
20.06.030.
B. Quasi -Judicial Decisions. Type III, Type
IV and appeal of Type II decisions are quasi-
judicial decisions that involve the use of dis-
cretionary judgment in the review of each spe-
cific application. Quasi-judicial decisions are
made by the hearing examiner, the architec-
tural design board, and/or the city council.
C. Legislative Decisions. Type V actions
are legislative decisions made by the city
council under its authority to establish policies
and regulations regarding future private and
public developments, and management of pub-
lic lands.
1. Planning Board. The planning board
shall hold a public hearing and make recom-
mendations to the city council on Type V
actions, except that the city council may hold a
public hearing itself on area -wide rezones to
implement city policies, or amendments to
zoning code text, development regulations or
the zoning map. The public hearing shall be
held in accordance with the requirements of
Chapter 20.06 ECDC, RCW 36.70A.035 and
all other applicable law.
2. City Council. The city council may
consider the planning board's recommenda-
tion in a public hearing held in accordance
with the requirements of Chapter 20.06 ECDC
and RCW 36.70A.035 and all other applicable
law. If the city council desires to hold a public
hearing on area -wide rezones to implement
city policies, or amendments to zoning code
text, development regulations or the zoning
map, it may do so without forwarding the pro-
posed decision to the planning board for a
hearing.
3. Public Notice. Notice of the public
hearing or public meeting shall be provided to
the public as set forth in Chapter 20.03 ECDC.
4. Implementation. City council Type V
decision shall be by ordinance or resolution
and shall become effective on the effective
date of the ordinance or resolution. [Ord. 4154
§ 1 (Att. A), 2019; Ord. 3817 § 1, 2010].
20.01.002 Determination of proper
procedure type.
A. Determination by Director. The director
shall determine the proper procedure for all
project applications. Questions concerning the
appropriate procedure shall be resolved in
favor of the higher numbered procedure.
20-5 (Revised 7/19)
20.01.002
B. Optional Consolidated Permit Process-
ing. An application that involves two or more
procedures may be processed collectively
under the highest numbered procedure
required for any part of the application or may
be processed individually under each of the
application procedures identified in ECDC
20.01.003. The applicant may determine
whether the application will be processed col-
lectively or individually. If the applications are
processed individually, the highest numbered
type procedure shall be undertaken first, fol-
lowed by the other procedures in sequence
from the highest numbered to the lowest.
When Type III -A and Type III-B permits are
consolidated under this subsection, the project
shall proceed under the Type III -A permit pro-
cess.
C. Decisionmaker(s). Applications pro-
cessed in accordance with subsection (B) of
this section which have the same procedure
number, but are assigned to different hearing
bodies, shall be heard collectively by the high-
est decisionmaker; the city council being the
highest body, followed by the hearing exam-
iner, architectural design board or planning
board, as applicable, and then the director.
Joint public hearings with other agencies shall
be processed according to ECDC 20.06.010.
Concurrent public hearings held with the
architectural design board and any other deci-
sionmaker shall proceed with both decision -
makers present. [Ord. 4154 § 1 (Att. A), 2019;
Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A),
2009].
(Revised 7/19) 20-6
Edmonds Community Development Code
20.01.003
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(Revised 7/19) 20-8
Edmonds Community Development Code
20.01.007
20.01.006 Legislative enactments not
restricted.
Nothing in this chapter or the permit pro-
cessing procedures shall limit the authority of
the city council to make changes to the city's
comprehensive plan or the city's development
regulations as part of the annual revision pro-
cess. [Ord. 4154 § 1 (Att. A), 2019; Ord. 3817
§ 1, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.007 Exempt projects.
A. The following projects are specifically
excluded from the procedures set forth in this
chapter: historic register designations, build-
ing permits, street vacations, street use per-
mits, encroachment permits, and other public
works permits issued under ECDC Title 18.
B. Pursuant to RCW 36.70B.140(2), lot
line or boundary adjustments, building and/or
other construction permits, or similar adminis-
trative approvals categorically exempt from
environmental review under SEPA (Chapter
43.21 C RCW and the city's SEPA/environ-
mental policy ordinance, Chapter 20.15A
ECDC), or permits/approvals for which envi-
ronmental review has been completed in con-
nection with other project permits, are
excluded from the requirements of RCW
36.7013.060 and 36.70B.110 through
36.70B.130, which includes the following pro-
cedures:
1. Notice of application (ECDC
20.03.002) unless an open record hearing is
allowed on the permit decision;
2. Except as provided in RCW
36.70B.140, optional consolidated permit
review processing (ECDC 20.01.002(B));
3. Joint public hearings (ECDC
20.06.010);
4. Single report stating all of the deci-
sions and recommendations made as of the
date of the report that do not require an open
public record hearing (ECDC 20.06.050(C));
and
5. Notice of decision (ECDC
20.02.007). [Ord. 4154 § 1 (Att. A), 2019;
Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A),
2009].
20-8.1 (Revised 7/19)
20.02.001
Chapter 20.02
DEVELOPMENT PROJECT PERMIT
APPLICATIONS
Sections:
20.02.001 Optional preapplication
conference.
20.02.002
Permit application requirements.
20.02.003
Submission and acceptance of
application.
20.02.004
Effect of irreconcilable
applications on the same
property.
20.02.005
Referral and review of
development project permit
applications.
20.02.006
Resubmission of application after
denial.
20.02.007
Notice of final decision.
20.02.001 Optional preapplication
conference.
A. Prior to filing applications for Type II
actions requiring a preliminary plat and Type
III and IV actions, applicants are encouraged
to participate in a preapplication conference.
Preapplication meetings with staff provide an
opportunity to discuss the proposal in general
terms, identify the applicable city require-
ments and the project review process including
the permits required by the action, timing of
the permits and the approval process. Plans
presented at the preapplication meeting are
nonbinding and do not "vest" an application.
B. The conference shall be held within 28
days of the request, upon payment of applica-
ble fee(s) as set forth in the city's adopted fee
resolution.
C. The development services director or
his/her designee (hereinafter the "director")
shall provide the applicant with the following
during the conference:
1. A form which lists the requirements
for a completed application;
2. A general summary of the procedures
to be used to process the application;
(Revised 7/19) 20-8.2
Edmonds Community Development Code
20.02.007
footprint of the structure shown for the 20-unit
application. Because both structures would
occupy substantially the same space they are
irreconcilable and the 20-unit application
would be deemed withdrawn.
2. Examples of Applications That May
Be Inconsistent but Are Not Irreconcilable
Resulting in Withdrawal.
a. Applicant submits an application
for a four -lot short plat on a particular prop-
erty. Subsequently, a building permit applica-
tion is submitted for a single-family home the
footprint of which would encroach into the set-
backs as measured from the proposed short
plat lot lines. Because the building permit
application could be corrected to properly
locate the footprint, the applications are recon-
cilable and do not effect a withdrawal of the
short plat application.
b. Applicant submits a landscaping
plan that is inconsistent in an insignificant way
with civil site -improvement plans that are sub-
mitted for the same property. If the two sets of
plans can be reconciled by submitting a cor-
rected version of at least one of the two plans,
then city staff would seek corrections and
withdrawal would not be deemed to occur.
[Ord. 4006 § 1, 2015; Ord. 3992 § 1, 2015].
20.02.005 Referral and review of
development project permit
applications.
Within 10 days of accepting an application,
the director shall transmit a copy of the appli-
cation, or appropriate parts of the application,
to each affected government agency and city
department for review and comment, includ-
ing those responsible for determining compli-
ance with state and federal requirements. [Ord.
3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.02.006 Resubmission of application
after denial.
Any permit application or other request for
approval submitted pursuant to this title that is
denied shall not be resubmitted or accepted by
the director for review for a period of 12
months from the date of the last action by the
city on the application or request unless, in the
opinion of the director, there has been a signif-
icant change in the application or a significant
change in conditions related to the impacts of
the proposed project. [Ord. 4006 § 2, 2015;
Ord. 3992 § 2, 2015; Ord. 3817 § 6, 2010; Ord.
3736 § 4 (Exh. A), 2009. Formerly 20.07.007].
20.02.007 Notice of final decision.
A. The director shall issue a notice of final
decision within 120 days of the issuance of the
determination of completeness pursuant to
ECDC 20.02.003; provided, that the time
period for issuance of a notice of final decision
on a preliminary plat shall be 90 days, for a
final plat 30 days, and a final short plat 30
days. The notice shall include the SEPA
threshold determination for the proposal and a
description of any available administrative
appeals. For Type II, III and IV permits, the
notice shall contain the requirements set forth
in ECDC 20.06.060(C) and explain that
affected property owners may request a change
in property tax valuation notwithstanding any
program of revaluation.
1. The notice of final decision shall be
mailed or otherwise delivered to the applicant,
to any person who submitted comments on the
application or requested a copy of the decision,
and to the Snohomish County assessor.
2. Notice of the decision shall be pro-
vided to the public by any means deemed rea-
sonable by the director.
B. In calculating the 120-day period for
issuance of the notice of final decision, or
other decision period specified in subsection
(A) of this section, the following periods shall
be excluded:
1. Any period during which the appli-
cant has been requested by the director to cor-
rect plans, perform required studies, or provide
additional required information. The period
shall be calculated from the date the director
notifies the applicant of the need for additional
information until the earlier of the dates the
director determines that the additional infor-
20-10.1 (Revised 7/19)
20.02.007
mation provided satisfies the request for infor-
mation, or 14 days after the date the additional
information is provided to the city;
2. If the director determines that the
information submitted is insufficient, the
applicant shall be informed of the deficiencies
and the procedures set forth in subsection
(13)(1) of this section for calculating the exclu-
sion period shall apply;
3. Any period during which an environ-
mental impact statement (EIS) is being pre-
pared pursuant to Chapter 43.21 C RCW and
Chapter 20.15A ECDC. The time period for
preparation of an EIS shall be governed by
Chapter 20.15A ECDC;
4. Any period for consideration and
issuance of a decision for administrative
appeals of development project permits, which
shall be not more than 90 days for open record
appeals and 60 days for closed record appeals,
unless a longer period is agreed to by the direc-
tor and the applicant;
5. Any extension of time mutually
agreed to by the director and the applicant in
writing.
C. The time limits established in this title
do not apply if a permit application:
1. Requires an amendment to the com-
prehensive plan or a development regulation;
2. Requires siting approval of an essen-
tial public facility as provided in RCW
36.70A.200;
3. Is a Type IV permit process identified
in ECDC 20.01.003(A); or
4. Is substantially revised by the appli-
cant, in which case the time period shall start
from the date that a determination of complete-
ness for the revised application is issued by the
director pursuant to ECDC 20.02.003 and
RCW 36.70B.070. [Ord. 4154 § 10 (Att. D),
2019].
(Revised 7/19) 20-10.2
Edmonds Community Development Code
20.04.003
B. Planned Actions.
1. A planned action does not require a
threshold determination or the preparation of
an environmental impact statement under
SEPA, but is subject to environmental review
and mitigation under SEPA.
2. A "planned action" means one or
more types of project action that:
a. Are designated planned actions by
an ordinance or resolution adopted by the city;
b. Have had the significant impacts
adequately addressed in an environmental
impact statement prepared in conjunction
with:
i. A comprehensive plan or sub-
area plan adopted under Chapter 36.70A
RCW, or
ii. A fully contained community, a
master planned resort, a master planned devel-
opment or a phased project;
c. Are subsequent or implementing
projects for the proposals listed in subsection
(13)(2)(b) of this section;
d. Are located within an urban
growth area, as defined in RCW 36.70A.030;
e. Are not essential public facilities,
as defined in RCW 36.70A.200; and
f. Are consistent with the city's com-
prehensive plan adopted under Chapter
36.70A RCW.
C. Limitations on Planned Actions. The
city shall limit planned actions to certain types
of development or to specific geographical
areas that are less extensive than the jurisdic-
tional boundaries of the city, and may limit a
planned action to a time period identified in the
environmental impact statement or this title.
[Ord. 3817 § 4, 2010; Ord. 3736 § 4 (Exh. A),
2009].
Chapter 20.04A
ABANDONMENT, CONSTRUCTION
AND AUTHORIZATION OF PUBLIC
PROJECTS AND STREET VACATIONS
AND DEDICATIONS
(Expired)
20-12.4a (Revised 7/19)
20.05.000
Chapter 20.05
CONDITIONAL USE PERMITS
Sections:
20.05.000
Scope.
20.05.010
Criteria and findings.
20.05.020
General requirements.
20.05.000 Scope.
A conditional use permit may be approved
in cases where it is authorized by state law
and/or city ordinances including the zoning
ordinance (ECDC Titles 16 and 17) and when
the findings required by this chapter can be
made.
20.05.010 Criteria and findings.
No conditional use permit may be approved
unless all of the findings in this section can be
made.
A. That the proposed use is consistent with
the comprehensive plan.
B. Zoning Ordinance. That the proposed
use, and its location, is consistent with the pur-
poses of the zoning ordinance and the purposes
of the zone district in which the use is to be
located, and that the proposed use will meet all
applicable requirements of the zoning ordi-
nance.
C. Not Detrimental. That the use, as
approved or conditionally approved, will not
be significantly detrimental to the public
health, safety and welfare, and to nearby pri-
vate property or improvements unless the use
is a public necessity.
D. Transferability. The hearing examiner
shall determine whether the conditional use
permit shall run with the land or shall be per-
sonal. If it runs with the land and the hearing
examiner finds it in the public interest, the
hearing examiner may require that it be
recorded in the form of a covenant with the
Snohomish County auditor. The hearing
examiner may also determine whether the con-
ditional use permit may or may not be used by
a subsequent user of the same property.
20.05.020 General requirements.
A. Review. The hearing examiner shall
review and decide on conditional use permit
applications as Type III-B decisions as set
forth in ECDC 20.01.003.
B. Appeals. The hearing examiner deci-
sions on conditional use permit shall be
appealable to the city council in accordance
with Chapter 20.06 ECDC.
C. Time Limit. Unless the owner obtains a
building permit or, if no building permit is
required, substantially commences the use
allowed within one year from the date of
approval, the conditional use permit shall
expire and be null and void, unless the owner
files an application for an extension of time
before the expiration date.
D. Review of Extension Application. An
application for any extension of time shall be
reviewed by the community development
director as a Type II decision.
E. Location. A conditional use permit
applies only to the property for which it has
been approved and may not be transferred to
any other property.
F. Denial. A conditional use permit appli-
cation may be denied if the proposal cannot be
conditioned so that the required findings can
be made. [Ord. 4154 § 12 (Att. D), 2019; Ord.
3783 § 7, 2010; Ord. 3775 § 7, 2010; Ord.
3736 § 37, 2009; Ord. 2270 § 1, 1982].
(Revised 7/19) 20-12.4b
Edmonds Community Development Code
20.06.010
Chapter 20.06
PUBLIC HEARINGS AND APPEALS
Sections:
20.06.000
General.
20.06.010
Joint public hearings.
20.06.020
Standing to initiate an
administrative appeal.
20.06.030
Appeals of project permit
decisions.
20.06.040
Prehearing conference.
20.06.050
Responsibility of director for
hearing — Open record public
hearing.
20.06.060
Conflict of interest.
20.06.070
Ex parte communications.
20.06.080
Disqualification.
20.06.090
Burden and nature of proof.
20.06.100
Order of proceedings —
Predecision open record public
hearing.
20.06.110
Procedure for open record appeal
hearing.
20.06.120
Procedure for closed record
hearings.
20.06.130
Decision.
20.06.140
Reconsideration of decision.
20.06.150
Judicial appeals.
20.06.000 General.
A. An open record public hearing is a hear-
ing conducted by an authorized body or officer
that creates the record upon which the outcome
of a decision or appeal is based through testi-
mony and the submission of documents and
other evidence. A public hearing may be held
prior to the city's decision on a project permit
application; this is an "open record predecision
hearing." A public hearing may be held on an
appeal if no open record predecision hearing
was held for a decision on a project permit
application; this is an "open record appeal
hearing."
B. Open record predecision hearings on all
Type III and IV permit applications and open
record appeal hearings on all appeals of Type
II decisions shall be conducted in accordance
with this chapter. Public hearings conducted
by the city hearing examiner shall also be sub-
ject to the hearing examiner's rules.
C. "Closed record appeal" means an
administrative appeal to the city council. Such
appeals are decided based on the previously
created record. While such appeal proceedings
do not allow new testimony, documents or
other evidence to be submitted, except as pro-
vided in ECDC 20.06.120(B), arguments are
allowed based upon the record.
D. Any appeal of a project permit applica-
tion shall be allowed and described in the
matrix set forth in ECDC 20.01.003.
E. In this chapter, unless the context clearly
indicates otherwise, the words "writing" and
"written" shall include electronic writings and
things written electronically. [Ord. 4154 § 2
(Att. B), 2019; Ord. 3817 § 5, 2010; Ord. 3736
§ 4 (Exh. A), 2009. Formerly 20.06.001].
20.06.010 Joint public hearings.
A. Decision to Hold Joint Hearing. The city
may jointly conduct any public hearing on a
project permit application with any hearing
that may be conducted by another local, state,
regional, federal, or other agency, on the pro-
posed action, as long as the requirements of
subsection (C) of this section are met.
B. Applicant's Request for a Joint Hearing.
The applicant may request that the city con-
duct a joint public hearing with another
agency, as described in subsection (A) of this
section, as long as the joint hearing schedule
would allow a decision to be issued within the
applicable time periods set forth in this title. If
the joint hearing schedule would not allow a
decision to be issued within the applicable
time periods, the applicant may agree in writ-
ing to an extension of the applicable time peri-
ods in order to allow a joint public hearing to
be conducted.
C. Prerequisites to Joint Public Hearing. A
joint public hearing may be held with another
local, state, regional, federal or other agency
and the city, when:
20-12.4c (Revised 7/19)
20.06.020
1. Doing so is not expressly prohibited
by statute;
2. Sufficient notice of the hearing is
given to meet each agency's applicable notice
requirements;
3. The agency has received the neces-
sary information about the proposed project
from the applicant in enough time to hold its
hearing at the same time as the city hearing;
and
4. The hearing is held within the geo-
graphic boundary of the city. [Ord. 4154 § 2
(Att. B), 2019; Ord. 3817 § 5, 2010. Formerly
20.06.001].
20.06.020 Standing to initiate an
administrative appeal.
A. Standing Limited to Parties of Record.
Only parties of record may file an administra-
tive appeal.
B. Definition. The term "parties of record,"
for the purposes of this chapter, shall mean:
1. The applicant;
2. Any person who testified at an open
record public hearing on the subject applica-
tion;
3. Any person who submitted written
comments concerning the subject application;
provided, that persons who have only signed a
petition are not "parties of record"; and/or
4. The city of Edmonds. [Ord. 4154 § 2
(Att. B), 2019].
20.06.030 Appeals of project permit
decisions.
Any administrative appeal of a decision on
a project permit application shall be governed
by the following:
A. Reserved.
B. Time to File. An appeal must be fled
within 14 days after the issuance of the written
decision on a project permit application. The
appeal period for determinations of nonsignif-
icance shall be extended for an additional
seven days, if state or local rules adopted pur-
suant to Chapter 43.21C RCW allow public
comment on a determination of nonsignifi-
cance issued in relation to the applicable proj-
ect permit application. Appeals, including
fees, must be received by the city's develop-
ment services department by mail or by per-
sonal delivery at or before 4:00 p.m. on the last
business day of the appeal period. Appeals
received by mail after 4:00 p.m. on the last day
of the appeal period will not be accepted, no
matter when such appeals were mailed or post-
marked.
C. Computation of Time. For the purposes
of computing the time for filing an appeal, the
day the hearing body's decision is issued shall
not be counted. If the last day of the appeal is
a Saturday, Sunday, legal holiday designated
by RCW 1.16.050 or by a city ordinance, or
any day when City Hall or the city's develop-
ment services department is closed to the pub-
lic by formal executive or legislative action,
then the appeal may be filed on the next day
that is not a Saturday, Sunday, holiday or
closed day.
D. Content of Appeal. Appeals shall be in
writing, be accompanied by the required
appeal fee as set forth in the city's adopted fee
resolution, and contain the following informa-
tion:
1. Appellant's name, address, email
address, and phone number;
2. A statement describing appellant's
standing to appeal;
3. Identification of the application
which is the subject of the appeal;
4. Appellant's statement of grounds for
appeal and the facts upon which the appeal is
based;
5. The specific relief sought;
6. A statement that the appellant has
read the appeal and believes the contents to be
true, followed by the appellant's signature.
7. All written submittals should be typed
or electronically formatted on letter size paper
(eight and one-half by 11 inches), with one -
inch margins, using readable font type (such as
Times New Roman) and size (no smaller than
12-point), single sided.
(Revised 7/19) 20-12.4d
Edmonds Community Development Code
20.06.070
E. Effect. The timely filing of an appeal
shall stay the decision on the applicable project
permit application, or portion thereof, until
such time as the appeal is resolved or with-
drawn.
F. Notice of Appeal. The director shall pro-
vide written notice of the appeal to all parties
of record as defined in ECDC 20.06.020.
G. Multiple Appeals. More than one appeal
may be filed concerning the same decision on
a project permit application. [Ord. 4154 § 2
(Att. B), 2019].
20.06.040 Prehearing conference.
A. The hearing examiner may on his or her
own order, or at the request of the city, appli-
cant or appellant, hold one or more confer-
ences prior to the hearing to consider:
1. Identification, clarification, and sim-
plification of the issues;
2. Disclosure of witnesses to be called
and exhibits to be presented;
3. The scheduling or hearing of motions
that any party would like to have considered;
4. Other matters deemed by the hearing
examiner appropriate for orderly and expedi-
tious disposition of the proceedings.
B. Prehearing conferences may be held by
telephone conference.
C. The hearing examiner shall give notice
to all parties of record of any prehearing con-
ference to be held. Notice shall be in any writ-
ten form.
D. All parties of record shall participate in
any prehearing conference unless they are
granted permission by the hearing examiner
not to participate. Failure to participate with-
out such permission may result in that parry's
waiver of issues adjudicated during the pre -
hearing conference and/or dismissal of the
appeal.
E. Following the prehearing conference,
the hearing examiner shall issue an order recit-
ing the actions taken or ruling on motions
made at the conference. [Ord. 4154 § 2 (Att.
B), 2019].
20.06.050 Responsibility of director for
hearing — Open record public
hearing.
The director shall:
A. Schedule project permit applications for
review and public hearing;
B. Verify compliance with notice require-
ments;
C. Prepare the staff report on the applica-
tion, which shall be a single report which sets
forth all of the decisions made on the proposal
as of the date of the report, including recom-
mendations on project permit applications in
the consolidated permit process that do not by
themselves require an open record predecision
hearing. The report shall also describe any mit-
igation required or proposed under the city's
development regulations or SEPA authority. If
the threshold determination, other than a deter-
mination of significance, has not been issued
previously by the city, the report shall include
or append this determination;
D. Prepare the notice of decision, if
required by the hearing body, and mail a copy
of the notice of decision to those entitled by
this chapter to receive the decision. [Ord. 4154
§ 2 (Att. B), 2019; Ord. 3817 § 5, 2010; Ord.
3736 § 4 (Exh. A), 2009. Formerly 20.06.002].
20.06.060 Conflict of interest.
The hearing body shall be subject to the
code of ethics, prohibitions on conflict of inter-
est and appearance of fairness doctrine as set
forth in Chapter 42.23 RCW, and Chapter
42.36 RCW as the same now exists or may
hereafter be amended. [Ord. 4154 § 2 (Att. B),
2019; Ord. 3817 § 5, 2010; Ord. 3736 § 4 (Exh.
A), 2009. Formerly 20.06.003].
20.06.070 Ex parte communications.
A. No member of the hearing body may
communicate, directly or indirectly, regarding
any issue in a proceeding before him or her,
other than to participate in communications
regarding procedural aspects necessary for
maintaining an orderly process, unless he or
she provides notice and opportunity for all par-
20-12.4e (Revised 7/19)
20.06.080
ties to participate. Nothing herein shall prevent
the hearing body from seeking legal advice
from its legal counsel on any issue.
B. If, before serving on the hearing body in
a quasi-judicial proceeding, any member of the
hearing body receives an ex parte communica-
tion of a type that could not properly be
received while serving, the member of the
hearing body, promptly after starting to serve,
shall disclose the communication as described
in subsection (C) of this section.
C. If a member of the hearing body receives
an ex parte communication in violation of this
section, he or she shall place in the record:
1. All written communications received;
2. All written responses to the commu-
nications;
3. The substance of all oral communica-
tions received, and all responses made; and
4. The identity of each person from
whom the member received any ex parte com-
munication.
The hearing body shall advise all parties that
these matters have been placed on the record.
Upon request made after notice of the ex parte
communication, any party desiring to rebut the
communication shall be allowed to place a
rebuttal statement on the record. [Ord. 4154
§ 2 (Att. B), 2019; Ord. 3817 § 5, 2010; Ord.
3736 § 4 (Exh. A), 2009. Formerly 20.06.004].
20.06.080 Disqualification.
A. Any member who is disqualified shall
make full disclosure to the audience of the rea-
son(s) for the disqualification, abstain from
voting on the proposal, and physically leave
the hearing room.
B. If enough members of the hearing body
are disqualified so that a quorum cannot be
achieved, then all members present, after stat-
ing their reasons for disqualification, shall be
prequalified and deliberations shall proceed.
[Ord. 4154 § 2 (Att. B), 2019; Ord. 3817 § 5,
2010; Ord. 3736 § 4 (Exh. A), 2009. Formerly
20.06.005].
20.06.090 Burden and nature of proof.
A. Except for Type V actions and appeals,
the burden of proof is on the proponent. The
project permit application must be supported
by convincing evidence in the record that it
conforms to the applicable elements of the
city's development regulations (review crite-
ria). The proponent must also prove that any
significant adverse environmental impacts
have been adequately mitigated.
B. In an appeal, the appellant has the bur-
den of proof with respect to points raised on
appeal. [Ord. 4154 § 2 (Att. B), 2019; Ord.
3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009.
Formerly 20.06.006].
20.06.100 Order of proceedings —
Predecision open record public
hearing.
The order of proceedings for a hearing will
depend in part on the nature of the hearing. The
following shall be supplemented by adminis-
trative procedures and/or hearing examiner
rules as appropriate.
A. Before receiving testimony and other
evidence on the issue, the following shall be
determined:
1. Any objections on jurisdictional
grounds shall be noted on the record and if
there is objection, the hearing body may pro-
ceed or terminate the proceeding;
2. Any member disqualifications shall
be determined.
B. The presiding officer may take official
notice of commonly known and accepted
information, such as:
1. Ordinances, resolutions, rules, offi-
cially adopted development standards, and
state and federal law;
2. Public records and facts judicially
noticeable by law.
C. Order of Presentation. The order of pre-
sentation for predecision open record public
hearings shall generally proceed as follows:
1. Hearing examiner's or hearing body's
introductory statement;
2. Staff presentation;
(Revised 7/19) 20-12.4f
Edmonds Community Development Code
20.06.110
3. Applicant's presentation;
4. Public testimony on proposal;
5. Response from staff (if any);
6. Rebuttal ftom applicant (if any);
7. Questions of staff, applicant, or other
persons submitting testimony;
8. Deliberation by hearing body if appli-
cable;
D. Notwithstanding the provisions of sub-
section (C) of this section, the order of hearing
may be modified or a different order estab-
lished if the hearing body deems necessary for
the clear and fair presentation of evidence. The
order of the hearing may also be modified as
agreed upon by the parties with the hearing
body's approval.
E. The order of presentation at hearing shall
not alter or shift any burden(s) or presump-
tions(s) established by applicable law(s).
F. Information officially noticed need not
be proved by submission of formal evidence to
be considered by the hearing body. Parties
requesting official notice of any information
shall do so on the record. The hearing body,
however, may take notice of matters listed in
subsection (B) of this section at any time. Any
information given official notice may be
rebutted.
G. The hearing body may view the pro-
posed project site or planning area with or
without notification to the parties, but shall put
into the record a statement setting forth the
time, manner and circumstances of the site
visit and any relevant observations made
during the visit.
H. Information shall be received from the
staff and from proponents and opponents. The
presiding officer may, in his or her discretion,
permit persons participating in the hearing to
ask questions of other participants. Unless the
presiding officer specifies otherwise, any such
questions will be asked through the presiding
officer.
I. When the presiding officer has closed the
public testimony portion of the hearing, the
hearing body may openly discuss the issue and
may further question the staff or any person
submitting testimony. An opportunity to pres-
ent rebuttal testimony shall be provided if new
information is presented through the question-
ing. When all evidence has been presented and
all questioning and rebuttal completed, the
presiding officer shall officially close the
record and end the hearing. [Ord. 4154 § 2
(Att. B), 2019; Ord. 3817 § 5, 2010; Ord. 3736
§ 4 (Exh. A), 2009. Formerly 20.06.007].
20.06.110 Procedure for open record
appeal hearing.
A. Appeal hearings shall have a structured
format and shall be conducted in a manner
deemed by the hearing examiner to make the
relevant evidence most readily and efficiently
available to the hearing examiner and to pro-
vide the parties a fair opportunity for hearing.
B. Where the code provides that the appel-
lant has the burden of proof to overcome the
city decision being appealed, the order of hear-
ing is generally as follows:
1. Hearing examiner's introductory
statement;
2. Parties' opening statements (if
allowed by hearing examiner);
3. Appellant's presentation of evidence
and argument;
4. Department's presentation of evi-
dence and argument;
5. Applicant's presentation of evidence
and argument (if applicant is not the appel-
lant);
6. Appellant's presentation of rebuttal
evidence and argument;
7. Closing argument of parties (if
allowed by hearing examiner);
C. Notwithstanding the provisions of sub-
section (B) of this section, the order of hearing
may be modified or a different order estab-
lished if the hearing examiner deems neces-
sary for the clear and fair presentation of
evidence. The order of the hearing may also be
modified as agreed upon by the parties with the
hearing examiner's approval.
20-12.4g (Revised 7/19)
20.06.120
D. The order of presentation at hearing
shall not alter or shift any burden(s) or pre-
sumptions(s) established by applicable law(s).
E. Information shall be received from the
staff and from proponents and opponents. The
presiding officer may, in his or her discretion,
permit persons participating in the hearing to
ask questions of other participants. Unless the
presiding officer specifies otherwise, ques-
tions will be asked through the presiding offi-
cer. [Ord. 4154 § 2 (Att. B), 2019].
20.06.120 Procedure for closed record
hearings.
A. Close record hearings shall be argued
and decided based on the record established at
the open record hearing, which shall include
the written recommendation of the hearing
body/officer, copies of any exhibits admitted
into the record, and official transcript, minutes
or tape recording of the proceedings.
1. At his/her own expense, a party of
record may have the official tape recording of
the open record hearing transcribed; however,
to be considered during the closed record hear-
ing, the transcript must be prepared and certi-
fied by a court reporter or a transcriber that is
pre -approved by the city. In addition, the tran-
script must be received by the city directly
from the transcriber at least 16 working days
before the date scheduled for the closed record
hearing. It shall be each party of record's
responsibility to obtain a copy of the transcrip-
tion from the city.
2. The director shall maintain a list of
pre -approved transcribers; and, if needed, shall
coordinate with parties of record so that no
more than one official transcript is placed
before the city council.
B. No new testimony or other evidence will
be accepted by the city council except: (1) new
information required to rebut the substance of
any written or oral ex parte communication
that is placed on the record during an appear-
ance of fairness disclosure.
C. Parties of record may present written
arguments to the city council. Arguments shall
address the applicable decision criteria, with
specific references to the administrative
record.
D. While written arguments are not
required, parties of record may submit written
arguments no later than 12 working days
before the date scheduled for the closed record
hearing. Parties of record may submit written
arguments or respond in writing to opening
arguments no later than seven working days
before the closed record hearing. Parties may
rebut in writing to responses submitted by par-
ties of record no later than four working days
before the closed record hearing.
E. Written arguments, responses, and
rebuttals must be received by the city's devel-
opment services department by mail or per-
sonal delivery at or before 4:30 p.m. of the date
due. Late submittals shall not be accepted.
Submittals received by mail after 4:30 p.m. on
the last day of the appeal period will not be
accepted, no matter when such submittals were
mailed or postmarked.
F. All written submittals should be typed or
electronically formatted on letter size paper
(eight and one-half by 11), with one -inch mar-
gins, using readable font type (such as Times
New Roman) and size (no smaller than 12),
single sided, double spaced and without
exceeding 12 pages in length, including exhib-
its, if any. Exhibits that are not already in the
record shall not be allowed.
G. The review shall commence with the
resolution of appearance of fairness issues, if
any, followed by the opportunity for oral pre-
sentations by the director and other parties of
record. After the presentations, the city council
may ask clarifying questions on disputed
issues to parties of record, with an opportunity
for the director, appellant and/or applicant,
respectively, to rebut to the response. The city
council shall not request information outside
the administrative record. If the city council
believes that it needs information not con-
tained in the record to make a proper decision
(Revised 7/19) 20-12.4h
Edmonds Community Development Code
20.06.140
on the application, it may remand the applica-
tion to have the record reopened for that lim-
ited purpose.
If information outside the administrative
record is offered (in written submittals or oral
presentation) by a party of record, it shall be
the responsibility of other parties of record
opposing the same to timely object and pro-
vide justification in support of the objection.
Objections to information outside the adminis-
trative record shall be brought before the city
council begins deliberations. The party offer-
ing the information shall have the opportunity
to show where in the record said information is
contained.
H. The city council shall review the recom-
mendation by the hearing body/officer de novo
based on the evidence in the record. As it
deems necessary, the city council may remand
the application with instructions to the hearing
body to reopen the hearing to obtain additional
information on a subject that is relevant to the
decision criteria. [Ord. 4154 § 2 (Att. B),
2019].
20.06.130 Decision.
A. Following the hearing procedure
described in ECDC 20.06.100, 20.06.110, or
20.06.120, the hearing body shall approve,
conditionally approve, or deny the application.
If the hearing is an appeal, the hearing body
shall affirm, reverse or remand the decision for
additional information.
B. The hearing body's written decision
shall be issued within 10 working days after
the close of record of the hearing and within 90
days of the opening of the hearing, unless a
longer period is agreed to by the parties.
Where the record is voluminous, the hearing
body may inform the parties during the hearing
that more than 10 working days will be neces-
sary to render a decision.
C. The city shall provide a notice of deci-
sion as provided in ECDC 20.02.007.
D. If the city is unable to issue its final deci-
sion on an application within the time limits
provided for in this section, it shall provide
written notice of this fact to the project appli-
cant. The notice shall include a statement of
reasons why the time limits have not been met
and an estimated date for issuance of the notice
of decision. [Ord. 4154 § 2 (Att. B), 2019; Ord.
3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009.
Formerly 20.06.008].
20.06.140 Reconsideration of decision.
A. General. Any person identified in ECDC
20.06.020 as having standing to file an admin-
istrative appeal may request reconsideration of
a decision of the hearing examiner which
issues immediately after the open record pub-
lic hearing on a permit application described in
this chapter. (There shall be no reconsideration
of a decision of the director (staff), ADB or
city council.) Reconsideration is not a condi-
tion precedent to any appeal. Reconsideration
shall be limited to:
1. Error(s) of procedure;
2. Error(s) of law or fact;
3. Error(s) of judgment; and/or
4. The discovery of new evidence that
was not known and could not, in the exercise
of reasonable diligence, have been discovered.
B. Time to File. A request for reconsider-
ation, including reconsideration fee, must be
filed with the director within 10 calendar days
of the issuance of the hearing examiner's writ-
ten decision. Such requests shall be delivered
to the director before 4:00 p.m. on the last
business day of the reconsideration period.
Requests for reconsideration that are received
by mail after 4:00 p.m. on the last day of this
reconsideration period will not be accepted, no
matter when such requests were sent, mailed or
postmarked.
C. Computation of Time. For the purposes
of computing the time for filing a request for
reconsideration, the day the hearing exam-
iner's decision is issued shall not be counted. If
the last day of the reconsideration is a Satur-
day, Sunday, or holiday designated by RCW
1.16.050, or by a city ordinance, then the
reconsideration may be filed on the next busi-
ness day.
20-12.4i (Revised 7/19)
20.06.150
D. Content of Request for Reconsideration.
Requests for reconsideration shall be in writ-
ing, be accompanied by the required reconsid-
eration fee, and contain the following
information:
1. The name, address, email address,
and phone number of the requestor;
2. Identification of the application and
final decision which is the subject of the
request for reconsideration;
3. Requestor's statement of grounds for
reconsideration and the facts upon which the
request is based;
4. The specific relief requested;
5. A statement that the requestor
believes the contents of the request to be true,
followed by his/her signature.
6. All written submittals should be typed
or electronically formatted on letter size paper
(eight and one-half by 11), with one -inch mar-
gins, using readable font type (such as Times
New Roman) and size (no smaller than 12),
single sided.
E. Effect. The timely filing of a request for
reconsideration shall stay the hearing exam-
iner's decision on the applicable project permit
application, or portion thereof, until such time
as the hearing examiner issues a decision on
reconsideration.
F. Notice of Request for Reconsideration.
The director shall provide written notice that a
request for reconsideration has been filed to all
parties of record as defined in ECDC
20.06.020.
G. Hearing Examiner's Action on Request.
The hearing examiner shall consider the
request for reconsideration without a hearing,
but may solicit written arguments from parties
of record. A decision on the request for recon-
sideration shall be issued within 10 business
days after receipt of the request for reconsider-
ation by the city.
1. The time period for appeal shall
recommence and be the same for all parties of
record, regardless of whether a party filed a
motion for reconsideration.
2. Only one request for reconsideration
may be made by a party of record. Any ground
not stated in the initial motion is waived.
3. A decision on reconsideration or a
matter that is remanded to the hearing exam-
iner by the city council is not subject to a
motion for reconsideration.
H. Limitations on Hearing Examiner's
Reconsideration. The hearing examiner shall
consider the request for reconsideration based
on the administrative record compiled on the
application up to and including the date of the
hearing examiner's decision. The hearing
examiner may require or permit corrections of
ministerial errors or inadvertent omissions in
the preparation of the record and the hearing
examiner's decision. The reconsideration deci-
sion issued by the hearing examiner may mod-
ify, affirm or reverse the hearing examiner's
decision.
I. Notice of Final Decision on Reconsider-
ation. The director shall issue a notice of final
decision on reconsideration in the manner set
forth and to the persons identified in ECDC
20.02.007. [Ord. 4154 § 2 (Att. B), 2019; Ord.
3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009.
Formerly 20.06.010].
20.06.150 Judicial appeals.
Having exhausted any available administra-
tive appeals, the city's final decision on an
application may be appealed by commencing a
land use petition in Snohomish County supe-
rior court. Such petition must be commenced
as provided in Chapter 36.70C RCW. [Ord.
4154 § 2 (Att. B), 2019].
(Revised 7/19) 20-12.4j
Edmonds Community Development Code
20.08.020
Chapter 20.07
CLOSED RECORD APPEALS
(Repealed by Ord. 4154)
Chapter 20.08
DEVELOPMENT AGREEMENTS
Sections:
20.08.010
Authority.
20.08.020
General provisions of development
agreements.
20.08.030
Enforceability.
20.08.040
Approval procedure for
development agreements.
20.08.050
Form of agreement, council
approval, recordation.
20.08.060
Judicial appeal.
20.08.010 Authority.
The city may enter into a development
agreement with a person having ownership or
control of real property within the city limits.
The city may also enter a development agree-
ment for real property outside of the city limit
but within the urban growth area (UGA) as
part of a proposed annexation or a service
agreement. [Ord. 3817 § 7, 2010; Ord. 3736
§ 4 (Exh. A), 2009].
20.08.020 General provisions of
development agreements.
A. A development agreement shall be con-
sistent with the applicable policies and goals of
the city of Edmonds comprehensive plan and
applicable development regulations. As appli-
cable, the development agreement shall spec-
ify the following:
1. Project components which define and
detail the permitted uses, residential densities,
nonresidential densities and intensities or
building sizes;
2. The amount and payment of impact
fees imposed or agreed to in accordance with
any applicable provisions of state law, any
reimbursement provisions, other financial con-
tributions by the property owner, inspection
fees, or dedications;
3. Mitigation measures, development
conditions and other requirements of Chapter
43.21 C RCW;
20-12.4k
(Revised 7/19)
20.08.030
4. Design standards such as architec-
tural treatment, maximum heights, setbacks,
landscaping, drainage and water quality
requirements and other development features;
5. Provisions for affordable housing, if
applicable;
6. Parks and common open space pres-
ervation;
7. Phasing;
8. A build -out or vesting period for
applicable standards; and
9. Any other appropriate development
requirement or procedure which is based upon
a city policy, rule, regulation or standard.
B. As provided in RCW 36.7013.170, the
development agreement shall reserve authority
to impose new or different regulations to the
extent required by a serious threat to public
health and safety. [Ord. 3817 § 7, 2010; Ord.
3736 § 4 (Exh. A), 2009].
20.08.030 Enforceability.
Unless amended or terminated, a develop-
ment agreement is enforceable during its term
by a party to the agreement. A development
agreement and the development standards in
the agreement govern during the term of the
agreement, or for all or that part of the build -
out period specified in the agreement. The
agreement may not be subject to an amend-
ment to a zoning ordinance or development
standard or a new zoning ordinance or devel-
opment standard or regulation adopted after
the effective date of the agreement. The permit
approval issued by the city after the execution
of the agreement must be consistent with the
development agreement. [Ord. 3817 § 7, 2010;
Ord. 3736 § 4 (Exh. A), 2009].
20.08.040 Approval procedure for
development agreements.
A development agreement is a Type IV
development project permit application and
shall be processed in accordance with the pro-
cedures established in this title. A develop-
ment agreement shall be approved by the
Edmonds city council after a public hearing.
[Ord. 4154 § 13 (Att. D), 2019; Ord. 3817 § 7,
2010; Ord. 3736 § 4 (Exh. A), 2009].
20.08.050 Form of agreement, council
approval, recordation.
A. Form. All development agreements
shall be in a form provided by the city attor-
ney's office. The city attorney shall approve all
development agreements for form prior to con-
sideration by the planning board.
B. Term. Development agreements may be
approved for a maximum period of five years.
C. Recordation. A development agreement
shall be recorded against the real property
records of the Snohomish County assessor's
office. During the term of the development
agreement, the agreement is binding on the
parties and their successors, including any area
that is annexed to the city. [Ord. 3817 § 7,
2010; Ord. 3736 § 4 (Exh. A), 2009].
20.08.060 Judicial appeal.
If the development agreement relates to a
project permit application, the provision of
Chapter 36.70C RCW shall apply to the appeal
of the decision on the development agreement.
[Ord. 3817 § 7, 2010; Ord. 3736 § 4 (Exh. A),
2009].
(Revised 7/19) 20-12.41
Edmonds Community Development Code
20.10.020
Chapter 20.10
DESIGN REVIEW
Sections:
20.10.000 Purposes.
20.10.010 Types of design review.
20.10.020 Scope.
20.10.030 Approval required.
20.10.040 Optional pre -application.
20.10.045 Augmented architectural design
review applications.
20.10.000 Purposes.
In addition to the general purposes of the
comprehensive plan and the zoning ordinance,
this chapter is included in the community
development code for the following purposes:
A. To encourage the realization and conser-
vation of a desirable and aesthetic environ-
ment in the city of Edmonds;
B. To encourage and promote development
which features amenities and excellence in the
form of variations of siting, types of structures
and adaptation to and conservation of topogra-
phy and other natural features;
C. To encourage creative approaches to the
use of land and related physical developments;
D. To encourage the enhancement and
preservation of land or building of unique or
outstanding scenic or historical significance;
E. To minimize incompatible and unsightly
surroundings and visual blight which prevent
orderly community development and reduce
community property values. [Ord. 3636 § 1,
2007].
20.10.010 Types of design review.
A. There are two types of design review:
(1) general design review subject to the provi-
sions of Chapter 20.11 ECDC, and (2) district -
based design review subject to the provisions
of Chapter 20.12 ECDC. District -based design
review is applicable when an area or district
has adopted design guidelines or design stan-
dards that apply specifically within that area or
district. General design review applies to areas
or properties that do not have specifically
adopted design guidelines or standards. Proj-
ects may undergo either district -based design
review or general design review, but not both.
B. District -based design review applies to
the following areas or districts:
1. The downtown Edmonds business
districts (BD zones) located within the down-
town/waterfront activity center as shown on
the city of Edmonds comprehensive plan map.
2. The general commercial (CG and
CG2) zones located within the medical/High-
way 99 activity center or the Highway 99 cor-
ridor as shown on the city of Edmonds
comprehensive plan map.
C. General design review applies to all
areas of the city not specifically designated for
district -based design review under subsection
(B) of this section.
D. The exemptions established pursuant to
subsection (B) of this section shall apply to all
types and phases of design review under this
chapter and Chapters 20.11 and 20.12 ECDC.
[Ord. 3636 § 1, 2007].
20.10.020 Scope.
A. Design review is intended to apply to all
development, except for those developments
specifically exempted from review under sub-
section (B) of this section. "Development"
includes any improvement to real property
open to exterior view, including but not limited
to buildings, structures, fixtures, landscaping,
site screening, signs, parking lots, lighting,
pedestrian facilities, street furniture, use of
open areas (including parks, junk yards, riding
academies, kennels and recreational facilities),
mobile home and trailer parks, whether all or
any are publicly or privately sponsored.
B. Exempt Development. The following
types of development are exempt from design
review:
1. Parks developed under a master plan
approved by the Edmonds city council.
2. Permitted primary and secondary
uses in RS — single-family residential districts.
20-12.4m (Revised 7/19)
20.10.030
3. Detached single-family homes or
duplexes in RM — multiple residential districts.
4. Additions or modifications to struc-
tures or sites on the Edmonds register of his-
toric places which require a certificate of
appropriateness from the Edmonds historic
preservation commission.
5. Fences that do not require a separate
development permit.
6. Signs that meet all of the standards
contained in Chapter 20.60 ECDC.
7. Underground utilities. [Ord. 3636 § 1,
2007].
20.10.030 Approval required.
A. Development. Unless exempted under
ECDC 20.10.020(B), no city permit or
approval shall be issued for, and no person
shall start, any development, or substantially
change any development, until the develop-
ment has received design review approval.
B. Bond. The city may require that a bond
be posted under Chapter 17.10 ECDC to
ensure the satisfactory installation of site
improvements. [Ord. 3636 § 1, 2007].
20.10.040 Optional pre -application.
The applicant may submit plans required
under ECDC 20.02.002 as part of the complete
application in preliminary or sketch form, so
that the comments and advice of the architec-
tural design board may be incorporated into
the final plans submitted for application. [Ord.
3736 § 38, 2009; Ord. 3636 § 1, 2007].
20.10.045 Augmented architectural design
review applications.
At the option of the applicant, an augmented
ADB application to vest rights under the pro-
visions of ECDC 19.00.025 may be submitted.
Such applications may not be submitted in
conjunction with the concept review provided
for by ECDC 20.10.040. The application shall
be processed in all respects as a regular appli-
cation for review, but vesting rights shall be
determined under the provisions of ECDC
19.00.025. The architectural design board
shall not be required to, and shall not, consider
the application of vesting rights or the interpre-
tation of ECDC 19.00.025 and any appeal with
respect thereto shall be taken only as provided
in that section. [Ord. 3636 § 1, 2007].
(Revised 7/19) 20-12.4n
Edmonds Community Development Code
20.11.020
Chapter 20.11
GENERAL DESIGN REVIEW
Sections:
20.11.010
Review procedure — General
design review.
20.11.020
Findings.
20.11.030
Criteria.
20.11.040
Appeals.
20.11.050
Lapse of approval.
20.11.010 Review procedure — General
design review.
A. Review. The architectural design board
(ADB) shall review all proposed develop-
ments that require a threshold determination
under the State Environmental Policy Act
(SEPA). All other developments may be
approved by staff as a Type I decision. When
design review is required by the ADB, pro-
posed development shall be processed as a
Type III -A decision. The role of the ADB shall
be dependent upon the nature of the applica-
tion as follows:
1. The ADB shall conduct a public hear-
ing for the following types of applications:
a. Applications that are not consoli-
dated as set forth in ECDC 20.01.002(B).
b. Applications that are consolidated
as set forth in ECDC 20.01.002(B) but in
which the ADB serves as the sole decision -
making authority.
c. Applications that are consolidated
as set forth in ECDC 20.01.002(B) but in
which all decision -making authority is exer-
cised both by staff, pursuant to this chapter and
Chapter 20.13 ECDC, and by the ADB. The
ADB shall act in the place of the staff for these
types of applications.
2. The ADB shall review proposed
developments at public meetings without a
public hearing and make recommendations to
the hearing examiner to approve, conditionally
approve, or deny proposals for developments
that, although consolidated as set forth in
ECDC 20.01.002(B), are not subject to a pub-
lic hearing by the ADB under subsection
(A)(1) of this section. The hearing examiner
shall subsequently hold a public hearing on the
proposal.
3. The ADB under subsection (A)(1) of
this section and the hearing examiner under
subsection (A)(2) of this section shall approve,
conditionally approve, or deny the proposal.
The ADB or hearing examiner may continue
its public hearing on the proposal to allow
changes to the proposal, or to obtain informa-
tion needed to properly review the proposal.
See ECC 3.13.090 regarding exemptions from
review required by this chapter.
4. Notwithstanding any contrary
requirement, for a development in which the
city is the applicant, the action of the ADB
under subsection (A)(1) of this section and the
hearing examiner under subsection (A)(2) of
this section shall be a recommendation to the
city council.
B. Notice. Public notice by mail, posting or
newspaper publication shall only be required
for applications that are subject to environ-
mental review under Chapter 43.21 C RCW, in
which case notice of the hearing shall be pro-
vided in accordance with Chapter 20.03
ECDC. [Ord. 4154 § 14 (Att. D), 2019; Ord.
3736 § 39, 2009; Ord. 3636 § 2, 2007].
20.11.020 Findings.
The board shall make the following findings
before approving the proposed development:
A. Criteria and Comprehensive Plan. The
proposal is consistent with the criteria listed in
ECDC 20.11.030 in accordance with the tech-
niques and objectives contained in the urban
design chapter of the community culture and
urban design element of the comprehensive
plan. The city has the obligation to provide
specific direction and guidance to applicants.
The urban design chapter has been adopted to
fulfill the city's obligations under Washington
State case law. The urban design chapter shall
be used to determine if an application meets
the general criteria set forth in this chapter. In
20-12.4o (Revised 7/19)
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.
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
(Revised 7/19) 20-12.4p
Edmonds Community Development Code
20.11.050
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 supe-
rior court in accordance with Chapter 36.70C
RCW. [Ord. 4154 § 16 (Att. D), 2019; 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].
20-12.4q (Revised 7/19)
20.12.005
Chapter 20.12
DISTRICT -BASED DESIGN REVIEW
Sections:
20.12.005
Outline of process and statement
of intent.
20.12.010
Applicability.
20.12.020
Design review by the
architectural design board.
20.12.030
Design review by city staff.
20.12.070
Design guidelines, criteria and
checklist.
20.12.080
Appeals.
20.12.090
Lapse of approval.
20.12.005 Outline of process and
statement of intent.
The architectural design board (ADB) pro-
cess has been developed in order to provide for
public and design professional input prior to
the expense incurred by a developer in prepa-
ration of detailed design. In combination,
Chapter 20.10 ECDC and this chapter are
intended to permit public and ADB input at an
early point in the process while providing
greater assurance to a developer that his gen-
eral project design has been approved before
the final significant expense of detailed project
design is incurred. In general, the process is as
follows:
A. Public Hearing (Phase 1). The applicant
shall submit a preliminary conceptual design
to the city. Staff shall schedule the first phase
of the ADB hearing within 30 days of staff s
determination that the application is complete.
Upon receipt, staff shall provide full notice of
a public hearing, noting that the public hearing
shall be conducted in two phases. The entire
single public hearing on the conceptual design
shall be on the record. At the initial phase, the
applicant shall present facts which describe in
detail the tract of land to be developed noting
all significant characteristics. The ADB shall
make factual findings regarding the particular
characteristics of the property and shall priori-
tize the design guideline checklist based upon
these facts, the provisions of the city's design
guideline elements of the comprehensive plan
and the Edmonds Community Development
Code. Following establishment of the design
guideline checklist, the public hearing shall be
continued to a date certain requested by the
applicant, not to exceed 120 days from the
meeting date. The 120-day city review period
required by RCW 36.70B.080 commences
with the application for Phase 1 of the public
hearing. The 120-day time period is sus-
pended, however, while the applicant further
develops their application for Phase 2 of the
public hearing. This suspension is based upon
the finding of the city council, pursuant to
RCW 36.7013.080, that additional time is
required to process this project type. The city
has no control over the length of time needed
or taken by an applicant to complete its appli-
cation.
B. Continued Public Hearing (Public Hear-
ing, Phase 2). The purpose of the continuance
is to permit the applicant to design or redesign
his initial conceptual design to address the
input of the public and the ADB by complying
with the prioritized design guideline checklist
criteria. When the applicant has completed his
design or redesign, he shall submit that design
for final review. The matter shall be set for the
next available regular ADB meeting date. If
the applicant fails to submit his or her design
within 180 days, the staff shall report the mat-
ter to the ADB who shall note that the appli-
cant has failed to comply with the
requirements of the code and find that the orig-
inal design checklist criteria approval is void.
The applicant may reapply at any time. Such
reapplication shall establish a new 120-day
review period and establish a new vesting date.
C. After completing the hearing process,
the final detailed design shall be presented to
the city in conjunction with the applicable
building permit application. The city staff s
decision on the building permit shall be a min-
isterial act applying the specific conditions or
requirements set forth in the ADB's approval,
but only those requirements. A staff decision
(Revised 7/19) 20-12.4r
Edmonds Community Development Code
20.12.020
on the building permit shall be final and
appealable only as provided in the Land Use
Petition Act. No other internal appeal of the
staffs ministerial decisions on the building
permit is allowed.
D. The process is schematically repre-
sented by the following flow chart:
Design Review for Major Projects
Proposed New Review Process
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[Ord. 3636 § 3, 2007].
20.12.010 Applicability.
The architectural design board (ADB) shall
review all proposed developments that require
a threshold determination under the State
Environmental Policy Act (SEPA) using the
process set forth in ECDC 20.12.020. All other
developments may be approved by staff as a
Type I decision using the process set forth in
ECDC 20.12.030. When design review is
required by the ADB under ECDC 20.12.020,
the application shall be processed as a Type
III -A decision. [Ord. 4154 § 15 (Att. D), 2019;
Ord. 3736 § 42, 2009; Ord. 3636 § 3, 2007].
20.12.020 Design review by the
architectural design board.
A. Public Hearing — Phase 1. Phase 1 of the
public hearing shall be scheduled with the
architectural design board (ADB) as a public
meeting. Notice of the meeting shall be pro-
vided according to the requirements of ECDC
20.03.003. This notice may be combined with
Datailen
Design
Pmje
Approved
APOCWl M
City
the formal notice of application required under
ECDC 20.03.002, as appropriate.
1. The purpose of Phase 1 of the public
hearing is for the ADB to identify the relative
importance of design criteria that will apply to
the project proposal during the subsequent
design review. The basic criteria to be evalu-
ated are listed on the design guidelines check-
list contained within the design guidelines and
this chapter. The ADB shall utilize the urban
design guidelines and standards contained in
the relevant city zoning classification(s), any
relevant district -specific design objectives
contained in the comprehensive plan, and the
relevant portions of this chapter and Chapter
20.13 ECDC, to identify the relative impor-
tance of design criteria; no new, additional cri-
teria shall be incorporated, whether proposed
in light of the specific characteristics of a par-
ticular tract of land or on an ad hoc basis.
20-12.4r(1) (Revised 7/19)
This page left intentionally blank.
(Revised 7/19) 20-12.4r(2)
Edmonds Community Development Code
20.12.080
nary staff comments on a proposed develop-
ment to assist the applicant in preparing an
application for development approval. Sub-
mission requirements and rules of procedure
for this optional pre -application meeting shall
be adopted by city staff consistent with the
purposes of this chapter.
B. Application and Staff Decision.
1. An applicant for design review shall
submit information sufficient to evaluate how
the project meets the criteria applicable to the
project. Staff shall develop a checklist of sub-
mission requirements and review criteria nec-
essary to support this intent. When design
review is intended to accompany and be part of
an application for another permit or approval,
such as a building permit, the submission
requirements and design review may be com-
pleted as part of the associated permit process.
2. In reviewing an application for design
review, staff shall review the project checklist
and evaluate whether the project has addressed
each of the applicable design criteria. Staff
shall enter the following findings prior to issu-
ing a decision on the proposal:
a. Zoning Ordinance. That the pro-
posal meets the bulk and use requirements of
the zoning ordinance, including the guidelines
and standards contained in the relevant zoning
classification(s).
b. Design Guidelines. That the pro-
posal meets the relevant district -specific
design objectives contained in the comprehen-
sive plan.
When conducting its review, city staff
shall not add or impose conditions based on
new, additional criteria proposed in light of the
specific characteristics of a particular tract of
land or on an ad hoc basis. [Ord. 3636 § 3,
2007].
20.12.070 Design guidelines, criteria and
checklist.
A. In conducting its review, the ADB shall
use the design guidelines and design review
checklist as contemporaneously adopted in the
design guidelines.
B. Additional Criteria. Design review shall
reference the specific criteria adopted for each
area or district.
1. Criteria to be used in design review
for the downtown Edmonds business districts
(BD zones) located within the down-
town/waterfront activity center as shown on
the city of Edmonds comprehensive plan map
include the following:
a. Design objectives for the down-
town waterfront activity center contained in
the Edmonds comprehensive plan.
b. (Reserved).
2. Criteria to be used in design review
for the general commercial (CG and CG2)
zones located within the medical/Highway 99
activity center or the Highway 99 corridor as
shown on the city of Edmonds comprehensive
plan map include the following:
a. Design standards contained in
Chapter 16.60 ECDC for the general commer-
cial zones.
b. Policies contained in the specific
section of the comprehensive plan addressing
the medical/Highway 99 activity center and
Highway 99 corridor. [Ord. 3636 § 3, 2007].
20.12.080 Appeals.
A. Design review decisions by the ADB
pursuant to ECDC 20.12.020(B) are appeal-
able to superior court in accordance with
Chapter 36.70C RCW. These are the only
decisions by the ADB in this chapter that are
appealable.
B. All design review decisions of the hear-
ing examiner are appealable to superior court
in accordance with Chapter 36.70C RCW.
C. Design review decisions by staff under
the provisions of ECDC 20.12.030 are only
appealable to the extent that the applicable
building permit or development approval is an
appealable decision under the provisions of the
ECDC. Design review by staff is not in itself
an appealable decision. [Ord. 4154 § 17 (Att.
D), 2019; Ord. 3736 § 45, 2009; Ord. 3636 § 3,
2007].
20-12.4u (Revised 7/19)
20.12.090
20.12.090 Lapse of approval.
A. Time Limit. Unless the owner submits a
fully completed building permit application
necessary to bring about the approved alter-
ations, or, if no building permit application is
required, substantially commences the use
allowed within 18 months from the date of
approval, ADB or hearing examiner approval
shall expire and be null and void, unless the
owner files a fully completed application for
an extension of time prior to the expiration
date. For the purposes of this section, the date
of approval shall be the date on which the
ADB's or hearing examiner's minutes or other
method of conveying the final written decision
of the ADB or hearing examiner as adopted are
mailed to the applicant. In the event of appeal,
the date of approval shall be the date on which
a final decision is entered by the city council or
court of competent jurisdiction.
B. Time Extension.
1. Application. The applicant may apply
for a one-time extension of up to one 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 § 46, 2009; Ord. 3636 § 3, 2007].
Chapter 20.13
LANDSCAPING REQUIREMENTS
Sections:
20.13.000
Scope.
20.13.010
Landscape plan requirements.
20.13.015
Plant schedule.
20.13.020
General design standards.
20.13.025
General planting standards.
20.13.030
Landscape types.
20.13.040
Landscape bonds.
20.13.050
Urban design chapter adopted.
20.13.000 Scope.
The landscape requirements found in this
chapter are intended for use by city staff, the
architectural design board (ADB) and the hear-
ing examiner in reviewing projects, as set forth
in ECDC 20.11.010. The ADB and hearing
examiner shall be allowed to interpret and
modify the requirements contained herein;
provided such modification is consistent with
the purposes found in ECDC 20.10.000. [Ord.
3636 § 4, 2007].
20.13.010 Landscape plan requirements.
The applicant has the option of submitting a
preliminary landscape plan to the architectural
design board prior to final approval. The pre-
liminary landscape plan need not include the
detail required for final approval, although
areas of proposed landscaping should be
shown. Final project approval cannot be given
until the final landscape plan is submitted and
approved.
The following items shall be shown on any
final landscape plan submitted to the ADB for
review:
A. Name and address or location of the
project;
B. All plant material identified by botanical
and common name — genus, species and vari-
ety (see ECDC 20.13.015);
C. Location of all trees and shrubs to be
planted;
(Revised 7/19) 20-12.4v
Edmonds Community Development Code
20.16.130
20.16.100 Permit approval — Suspension
or revocation.
If the project sponsor demonstrates compli-
ance with the review criteria listed in ECDC
20.16.070 and satisfies the requirements for a
conditional use permit and all other applicable
requirements, the hearing examiner shall
approve issuance of a conditional use permit
for the proposed EPF. A conditional use permit
issued for an EPF of any kind may be sus-
pended or revoked if the sponsor fails to com-
ply with the conditions of approval. [Ord. 3572
§ 1, 2005; Ord. 3474 § 1, 2003].
20.16.110 Reconsideration and appeal.
Reconsideration of the hearing examiner's
ruling shall be governed by ECDC 20.06.150.
Appeal of the hearing examiner's ruling shall
be governed by Chapter 20.06 ECDC. [Ord.
4154 § 18 (Att. D), 2019; Ord. 3736 § 48,
2009; Ord. 3572 § 1, 2005; Ord. 3474 § 1,
2003].
20.16.120 Decision timing.
Review, reconsideration and remand pro-
cess shall not be used to preclude an EPF. Cost
and delay do not, prima facie, make an EPF
permit review process unfair and untimely, nor
be deemed to preclude an EPF. A reasonable
consideration schedule shall be established
based on the size and complexity of EPF pro-
posals. [Ord. 3572 § 1, 2005; Ord. 3474 § 1,
2003].
20.16.130 Building permit application.
A. Any building permit for an EPF
approved under this chapter shall comply with
all conditions of approval in the conditional
use permit. In the event a building permit for
an EPF is denied, suspended or revoked due to
a failure to comply, the department shall sub-
mit in writing the reasons for denial to the proj-
ect sponsor.
B. No construction permits may be applied
for prior to conditional use approval of the EPF
unless the applicant signs a written release
acknowledging that such approval is neither
guaranteed nor implied by the department's
acceptance of the construction permit applica-
tions. The applicant shall expressly accept all
financial risk associated with preparing and
submitting construction plans before the final
decision is made under this chapter.
C. Building permits for an EPF which fail
to comply with the conditions of approval shall
be suspended and a report made to the director.
The director shall institute a proceeding before
the hearing examiner to permit the EPF's
sponsor a hearing at which to show cause why
its conditional use permit should not be
revoked or further conditioned. Such hearing
shall be conducted as if it were a Type III-B
decision in accordance with Chapter 20.06
ECDC. [Ord. 4154 § 19 (Att. D), 2019; Ord.
3736 § 49, 2009; Ord. 3572 § 1, 2005; Ord.
3474 § 1, 2003].
20-47 (Revised 7/19)
20.18.010
Chapter 20.18
GROUP HOMES
Sections:
20.18.010
Purpose.
20.18.020
Pre -establishment operating plan.
20.18.030
Complaint procedures and
facilitated meeting.
20.18.040
Neighborhood mediation.
20.18.050
Civil enforcement procedure.
20.18.010 Purpose.
The purpose of this chapter is to provide an
informational process supplemental to state
licensing and regulatory procedures to inform
the citizens of residential neighborhoods when
group homes are established and operated
within their boundaries. [Ord. 3184 § 3, 1998].
20.18.020 Pre -establishment operating
plan.
A. As a prerequisite to the primary use
established by ECDC 16.30.010(A)(4) a group
home (facility) shall provide an operating
statement to the director of community ser-
vices 30 days prior to the date on which it plans
to commence operations. "Commence opera-
tions" shall mean the first day during which it
receives a client for residence at the facility.
B. Operating Plan. The operating plan shall
include, but is not limited to, the following:
1. A complete description of the facili-
ties, its clients, staff and operating structure, its
proposed operating conditions and the terms
and conditions of any state license required for
its operation.
2. A statement regarding how the pro-
posed facility furthers the purposes and guide-
lines of the county -wide planning policies
promulgated by Snohomish County and the
comprehensive plan of the city of Edmonds.
3. A financial statement and staffing
plan for the proposed facility, including but not
limited to the manner and method by which
clients are referred to, accepted to and/or
ordered to take up residence at the facility.
4. The addressed of each funding,
licensing or operating entity involved in the
operation.
5. City business license and fire inspec-
tion.
C. The director of community services
shall review the statement for accuracy, com-
pleteness and objectivity before releasing it to
the public. An informational meeting shall be
scheduled 20 days after the director of commu-
nity services provides written notification to
persons residing within 300 feet of the facility
of the availability of the statement for review
by the public. Such informational meeting
shall be held at the convenience of the neigh-
borhood in a location convenient to its resi-
dents.
D. Information Meeting. The director of
community services (or his or her designee)
shall conduct the informational meeting with a
representative of the group home and the resi-
dents of the neighborhood. Notices of the
meeting and an invitation to attend it shall be
provided to all entities shown on the operating
plan as providing substantial contributions to
the group home or licensing its operations. The
director of community services shall make
every effort to encourage the attendance of
such funding and licensing representatives.
E. Nothing herein shall be interpreted to
prohibit a group home from enjoying its pri-
mary permitted use rights vested under this
code. [Ord. 3184 § 3, 1998].
20.18.030 Complaint procedures and
facilitated meeting.
In the event that the city received com-
plaints of persons residing at three or more res-
idences located within 300 feet of the facility,
the director of community services shall
schedule a public meeting under the notice
procedures of the preceding section, making
every reasonable effort to secure the atten-
dance of those entities shown as licensing and
funding the group home under its operating
plan. The meeting shall be conducted as a
community service by the city to facilitate the
(Revised 7/19) 20-48
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 -A 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. 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
required to specify the precise land use autho-
rized. A file shall be maintained by the devel-
opment services department containing all
20-62.1 (Revised 7/19)
20.35.090
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. 4154 § 20
(Att. D), 2019; 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, 2003].
(Revised 7/19) 20-62.2
Edmonds Community Development Code
20.45.050
of the property. If the commission finds that
the nominated property is eligible for the
Edmonds register of historic places, the com-
mission shall make recommendation to the
city council that the property be listed in the
register with owner's consent. In the case of
historic districts, the commission shall
research and recommend, and the city council
shall adopt by ordinance, a percentage of prop-
erty owners which is deemed adequate to
demonstrate owner consent. The public, prop-
erty owner(s) and the authors of the nomina-
tion, if different, and lessees, if any, shall be
notified of the listing.
E. Properties listed on the National Regis-
ter of Historic Places or the State Register of
Historic Places shall be deemed eligible for
listing in the register without the requirement
for review by the historic preservation com-
mission. Formal listing in the Edmonds regis-
ter of historic places shall only require the
owner's consent and approval by the Edmonds
city council. Such listing shall still require the
UTM reference and identification of contribut-
ing features required under subsection (B) of
this section.
F. Properties listed on the Edmonds register
of historic places shall be recorded on official
zoning records with an "HR" (for historic reg-
ister) designation. This designation shall not
change or modify the underlying zone classifi-
cation. [Ord. 3598 § 1, 2006; Ord. 3397 § 1,
2002].
20.45.030 Removal of properties from the
register.
In the event that any property is no longer
eligible for listing on the Edmonds register of
historic places, the commission may initiate
removal from such designation by the same
procedure as provided for establishing the des-
ignation, ECDC 20.45.020. A property may be
removed from the Edmonds register without
the owner's consent. [Ord. 3397 § 1, 2002].
20.45.040 Effects of listing on the register.
A. Listing on the Edmonds register of his-
toric places is an honorary designation denot-
ing significant association with the historic,
archaeological, engineering or cultural heri-
tage of the community. Properties are listed
individually or as contributing properties to a
historic district.
B. Prior to the commencement of any work
on a register property, excluding ordinary
repair and maintenance and emergency mea-
sures defined in ECDC 20.45.000(K) and (R),
the owner must request and receive a certifi-
cate of appropriateness from the commission
for the proposed work. Violation of this rule
shall be grounds for the commission to review
the property for removal from the register.
C. Prior to whole or partial demolition of a
register property, the owner must request and
receive a waiver of a certificate of appropriate-
ness.
D. Once Edmonds is certified as a certified
local government (CLG), all properties listed
on the Edmonds register of historic places may
be eligible for a special tax valuation on their
rehabilitation (ECDC 20.45.070). [Ord. 3397
§ 1, 2002].
20.45.050 Review of changes to Edmonds
register of historic places
properties.
A. Review Required. No person shall
change the use, construct any new building or
structure, or reconstruct, alter, restore,
remodel, repair, move or demolish any exist-
ing property on the Edmonds register of his-
toric places or within a historic district on the
Edmonds register of historic places without
review by the commission and without receipt
of a certificate of appropriateness, or in the
case of demolition, a waiver, as a result of the
review.
The review shall apply to all features of the
property, interior and exterior, that contribute
to its designation and are listed on the nomina-
tion form. Information required by the com-
20-62.9 (Revised 7/19)
20.45.050
mission to review the proposed changes are
established in rules.
B. Exemptions. The following activities do
not require a certificate of appropriateness or
review by the commission: ordinary repair and
maintenance which includes painting or emer-
gency measures defined in ECDC
20.45.000(K).
C. Review Process.
1. Requests for Review and Issuance of
a Certificate of Appropriateness or Waiver.
The building or zoning official shall report any
application for a permit to work on a desig-
nated Edmonds register property or in an
Edmonds register historic district to the com-
mission. If the activity is not exempt from
review, the commission shall notify the appli-
cant of the review requirements. The building
or zoning official shall not issue any such per-
mit until a certificate of appropriateness or a
waiver is received from the commission but
shall work with the commission in considering
building and fire code requirements.
2. Commission Review. The owner or
his/her agent (architect, contractor, lessee,
etc.) shall apply to the commission for a
review of proposed changes on an Edmonds
register property and request a certificate of
appropriateness or, in the case of demolition, a
waiver. Each application for review of pro-
posed changes shall be accompanied by such
information as is required by the commission
established in its rules for the proper review of
the proposed project.
The commission shall meet with the appli-
cant and review the proposed work according
to the design review criteria established in
rules. Unless legally required, there shall be no
notice, posting or publication requirements for
action on the application, but all such actions
shall be made at regular meetings of the com-
mission. The commission shall complete its
review and make its recommendations within
30 days of the date of receipt of the applica-
tion. If the commission is unable to process the
request, the commission may ask for an exten-
sion of time.
The commission's recommendations shall
be in writing and shall state the findings of fact
and reasons relied upon in reaching its deci-
sion. Any conditions agreed to by the applicant
in this review process shall become conditions
of approval of the permits granted. If the
owner agrees to the commission's recommen-
dations, a certificate of appropriateness shall
be awarded by the commission according to
standards established in the commission's
rules.
The commission's recommendations and, if
awarded, the certificate of appropriateness,
shall be transmitted to the building or zoning
official. If a certificate of appropriateness is
awarded, the building or zoning official may
then issue the permit.
3. Demolition. A waiver of the certifi-
cate of appropriateness is required before a
permit may be issued to allow whole or partial
demolition of a designated Edmonds register
property or in an Edmonds register historical
district. The owner or his/her agent shall apply
to the commission for a review of the proposed
demolition and request a waiver. The applicant
shall meet with the commission in an attempt
to find alternatives to demolition. These nego-
tiations may last no longer than 45 days from
the initial meeting of the commission, unless
either party requests an extension. If no request
for an extension is made and no alternative to
demolition has been agreed to, the commission
shall act and advise the official in charge of
issuing a demolition permit of the commis-
sion's decision on the waiver of a certificate of
appropriateness. Conditions in the case of
granting a demolition permit may include
allowing the commission up to 45 additional
days to develop alternatives to demolition.
When issuing a waiver the commission may
require the owner to mitigate the loss of the
Edmonds register property by means deter-
mined by the commission at the meeting. Any
conditions agreed to by the applicant in this
review process shall become conditions of
approval of the permits granted. After the
property is demolished, the commission shall
(Revised 7/19) 20-62.10
Edmonds Community Development Code
20.45.050
initiate removal of the property from the regis-
ter.
4. Appeal of the Commission's Deci-
sion on a Waiver of a Certificate of Appropri-
ateness. The commission's decision regarding
a waiver of a certificate of appropriateness
shall be appealable to the hearing examiner
pursuant to Chapter 20.06 ECDC within 14
calendar days. The appeal must state the
grounds upon which the appeal is based.
Appeal of hearing examiner's decision
regarding a waiver of a certificate of appropri-
ateness may be appealed to superior court.
[Ord. 4154 § 21 (Att. D), 2019; Ord. 3397 § 1,
2002].
20-62.10a (Revised 7/19)
This page left intentionally blank.
(Revised 7/19) 20-62.10b
Edmonds Community Development Code
20.50.010
Chapter 20.50
WIRELESS COMMUNICATION
FACILITIES
Sections:
20.50.010
Purpose.
20.50.020
Applicability.
20.50.030
Exemptions.
20.50.040
Prohibitions.
20.50.050
General macro facility siting
criteria and design
considerations.
20.50.060
Permits and shot clocks.
20.50.070
Application requirements.
20.50.080
Eligible facilities requests.
20.50.090
New building -mounted macro
wireless communication facility
standards.
20.50.100
New structure -mounted macro
wireless communication facilities
standards.
20.50.110
New monopole standards.
20.50.120
Temporary facilities.
20.50.130
Small wireless standards and
approval process.
20.50.140
Abandonment or discontinuation
of use.
20.50.150
Maintenance.
20.50.160
Definitions.
20.50.010 Purpose.
A. The purpose of this chapter is to regulate
the placement, construction, modification and
appearance of wireless communication facili-
ties, in order to protect the health, safety and
welfare of the public, while not unreasonably
interfering with the deployment of competitive
wireless communication facilities throughout
the city. The purpose of this chapter may be
achieved through adherence to the following
objectives:
1. Protect residential areas and land uses
from potential adverse impacts that wireless
communication facilities might create, includ-
ing but not limited to negative impacts on aes-
thetics, environmentally sensitive areas,
historically significant locations, flight corri-
dors, and health and safety of persons and
property;
2. Establishment of clear and nondis-
criminatory local regulations concerning wire-
less communication facilities and services that
are consistent with federal and state laws and
regulations;
3. Encourage providers of wireless com-
munication facilities to locate facilities, to the
extent feasible, in areas where the adverse
impact on the public health, safety and welfare
is minimal;
4. For macro facilities, encourage the
location of those facilities in nonresidential
areas and allow macro facilities in residential
areas only when necessary to meet functional
requirements of the communications industry
as defined by the Federal Communications
Commission;
5. Minimize the total number of macro
facilities in residential areas;
6. Encourage and, where legally permis-
sible, require cooperation between competitors
and, as a primary option, joint use of new and
existing towers, tower sites and suitable struc-
tures to the greatest extent possible, where
doing so would significantly reduce or elimi-
nate additional negative impact on the city;
7. Ensure wireless communication facil-
ities are configured in a way that minimizes the
adverse visual impact of the facilities, as
viewed from different vantage points, through
careful design, landscape screening, minimal
impact siting options and camouflaging tech-
niques, dispersion of unscreened features to
lessen the visual impact upon any one location,
and through assessment of innovative siting
techniques;
8. Enable wireless communication com-
panies to enter into lease agreements with the
city to use city property for the placement of
wireless facilities, where consistent with other
public needs, as a means to generate revenue
for the city;
20-63 (Revised 7/19)
20.50.020
9. Balance the city's intent to minimize
the adverse impacts of wireless communica-
tion facilities with the ability of the providers
of communications services to deploy such
services to the community quickly, effectively
and efficiently;
10. Provide for the prompt removal of
wireless communication facilities that are
abandoned or no longer inspected for safety
concerns and building code compliance, and
provide a mechanism for the city to cause these
abandoned wireless communication facilities
to be removed as necessary to protect the citi-
zens from imminent harm and danger;
11. Avoid potential damage to people
and adjacent properties from tower failure and
falling equipment, through strict compliance
with state building and electrical codes; and
12. Disperse the adverse impacts of
small wireless facility facilities as evenly as
possible throughout the community, especially
when joint use does not eliminate additional
visual impact.
B. In furtherance of these objectives, the
city shall give due consideration to the zoning
code, existing land uses, and environmentally
sensitive areas when approving sites for the
location of wireless communication facilities.
C. These objectives were developed to pro-
tect the public health, safety and welfare, to
protect property values, and to minimize and
disperse visual impact, while furthering the
development of enhanced communications
services in the city. These objectives were
designed to comply with the Telecommunica-
tions Act of 1996 and its implementing regula-
tions. The provisions of this chapter are not
intended to and any ambiguities herein shall
not be interpreted in such a manner that would
materially inhibit the deployment of wireless
communication facilities. This chapter shall
not be applied in such a manner as to unreason-
ably discriminate between providers of func-
tionally equivalent wireless facilities.
D. To the extent that any provision of this
chapter is inconsistent or conflicts with any
other city ordinance, this chapter shall control.
Otherwise, this chapter shall be construed con-
sistently with the other provisions and regula-
tions of the city.
E. In reviewing any application to place,
construct or modify wireless communication
facilities, the city shall act within federally
required time periods. Any decision to deny an
application shall be in writing, supported by
substantial evidence contained in a written
record. The city shall approve, approve with
conditions, or deny the application in accor-
dance with this title, this chapter, the adopted
Edmonds comprehensive plan, and other
applicable ordinances and regulations. [Ord.
4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014;
Ord. 3 845 § 2 (Att. A), 2011 ] .
20.50.020 Applicability.
A. Except as provided herein, all wireless
communication facilities shall comply with the
provisions of this chapter. The standards and
process requirements of this chapter supersede
all other review process, setback, height or
landscaping requirements of the Edmonds
Community Development Code (ECDC).
B. Environmental. All proposed installa-
tions are subject to a threshold determination
under the State Environmental Policy Act
(SEPA) according to Chapter 20.15A ECDC
unless categorically exempt pursuant to WAC
197-11-800. All proposals are subject to the
critical areas requirements in ECDC Title 23
and the shoreline master program in ECDC
Title 24.
C. Master Permit Agreement Needed.
1. Consistent with Chapter 35.99 RCW,
any person, corporation or entity that proposes
to locate any portion of a wireless communica-
tion facility within the city right-of-way must
have a valid, fully executed master permit with
the city before submitting applications for
right-of-way construction permits.
2. Wireless providers interested in
obtaining a master permit must apply as fol-
lows to have a complete application:
a. Make application in writing to the
city attorney c/o the city clerk's office;
(Revised 7/19) 20-64
Edmonds Community Development Code
20.50.020
b. Submit an electronic proposed
master permit form in Word format; provided,
that this requirement shall no longer apply in
the event that the city council has adopted a
standard master permit template;
c. Submit three valid, fully executed
master permits that the provider has with other
cities in Washington State; provided, that this
requirement shall be excused to the extent that
the provider does not have sufficient valid
master permits in other jurisdictions to meet
that requirement;
d. Submit a map showing provider's
proposed new macro and small cell facilities
within the city of Edmonds over the first two
years of the master permit; and
e. If the provider is seeking legisla-
tive approval for an alternative WCF design
that does not comply with this chapter, the pro-
vider may elect to use the following optional
WCF design approval process. To use this
option process, the provider must submit with
the master permit application the following
additional materials:
i. Photographs, precise measure-
ments, and technical specifications of the pro-
posed alternative WCF design;
ii. A signed affidavit from a
speaking agent for the provider that: (A)
explains, by citing to specific city code provi-
sions, the factual reasons why the WCFs used
by the provider cannot comply with the city's
adopted aesthetic regulations; and (B) attaches
photographs and technical specifications of all
other WCF designs currently available to the
provider; and
iii. A legal analysis as to: (A)
whether the city's approval of the proposed
alternative WCF would unreasonably discrim-
inate among providers of functionally equiva-
lent services; and (B) whether the city's denial
of the proposed alternative WCF would pro-
hibit or have the effect of prohibiting the pro-
vision of personal wireless services.
3. After receipt of a complete applica-
tion, the city attorney and wireless provider
shall negotiate the terms of the master permit
until they have agreed on terms that can be rec-
ommended to the city council for final
approval. If the city attorney and wireless pro-
vider have not been able to reach agreement on
the recommended terms of a master permit
within 60 days of the date the complete appli-
cation was submitted, the wireless provider
may submit the provider's proposed master
permit form to the council president directly
and request that the provider's proposed mas-
ter permit be added to a forthcoming city coun-
cil agenda for consideration. The city council
shall conduct a public hearing on the proposed
master permit, including any renewal.
4. The final decision on any proposed
master permit shall be subject to legislative
discretion of the city council and the ordinance
authorizing the master permit must be
approved by a majority of the full council. Any
denial of a proposed master permit must be
supported by substantial evidence contained in
a written record.
5. Any prior adoption by the city council
of a master permit template, as contemplated
in subsection (C)(2)(b) of this section, is
merely intended to facilitate future master per-
mit negotiations and should in no way be seen
as limiting the city council's legislative discre-
tion to approve or reject a similar master per-
mit that has come before the city council for
action.
6. Master permit terms shall not exceed
five years. Master permits shall require the city
to be indemnified by the provider and that
indemnification shall be support by insurance
that names the city as an additional insured.
D. Right -of -Way Construction Permit. A
right-of-way construction permit is required
prior to performing any work within the city
right-of-way pursuant to ECDC Title 18. [Ord.
4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014;
Ord. 3845 § 2 (Att. A), 2011].
20-65 (Revised 7/19)
20.50.030
20.50.030 Exemptions.
The following are exemptions from the pro-
visions of this chapter:
A. Radar systems for military and civilian
communication and navigation.
B. Handheld, mobile, marine and portable
radio transmitters and/or receivers.
C. Satellite antennas, including direct to
home satellite services, and those regulated in
ECDC 16.20.050(D).
D. Licensed amateur (ham) radio stations
and citizen band stations as regulated in ECDC
16.20.050(E).
E. Earth station antenna(s) one meter or
less in diameter and located in any zone.
F. Earth station antenna(s) two meters or
less in diameter and located in the business and
commercial zones.
G. Routine maintenance or repair of wire-
less communication facilities.
H. Emergency communications equipment
or a COW or other temporary WCF during a
declared public emergency.
I. A temporary wireless communication
facility or COW for providing coverage during
a special event such as a festival, subject to
approval by the city. Such a facility is exempt
from the provisions of this chapter for up to
three days before the special event begins and
three days after the special event ends.
I A temporary wireless communication
facility or COW for providing service during
repair or replacement of an existing facility for
a period of up to 14 days.
K. Subject to compliance with all other
applicable standards of this chapter, a building
permit and/or right-of-way permit application
need not be filed for emergency repair or main-
tenance of a facility until five business days
after the completion of such emergency activ-
ity. [Ord. 4147 § 2 (Att. A), 2019; Ord. 3961
§ 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.040 Prohibitions.
A. The following wireless communication
facilities are prohibited in Edmonds:
1. Guyed towers.
2. Lattice towers.
B. Monopoles are prohibited in the follow-
ing locations:
1. All residential zones (single-family
(SF) and multifamily (MF));
2. Downtown waterfront activity center;
3. Public (P) and open space (OS) zoned
parcels; and
4. Within the city rights -of -way. [Ord.
4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014;
Ord. 3845 § 2 (Att. A), 2011].
20.50.050 General macro facility siting
criteria and design
considerations.
A. The city of Edmonds encourages wire-
less communication providers to use existing
sites or more frequent, less noticeable sites
instead of attempting to provide coverage
through use of taller towers. To that end, appli-
cants shall consider the following priority of
preferred locations for wireless communica-
tion facilities:
1. Collocation, without an increase in
the height of the building, pole or structure
upon which the facility would be located;
2. Collocation, where additional height
is necessary above existing building, pole, or
structure;
3. A replacement pole or structure for an
existing one;
4. A new pole or structure altogether.
B. New monopole facilities must include
mounts capable of accommodating at least one
other wireless provider.
C. Noise. Any facility that requires a gener-
ator or other device which will create noise
audible beyond the boundaries of the site must
demonstrate compliance with Chapter 5.30
ECC, Noise Abatement and Control. A noise
report, prepared by an acoustical engineer,
shall be submitted with any application to con-
struct and operate a wireless communication
facility that will have a generator or similar
device. The city may require that the report be
reviewed by a third -party expert at the expense
of the applicant.
(Revised 7/19) 20-66
Edmonds Community Development Code
20.50.050
D. Business License Requirement. Any
person, corporation or entity that operates a
wireless communication facility within the
city shall have a valid business license issued
annually by the city. Any person, corporation
or other business entity which owns a mono-
pole also is required to obtain a business
license on an annual basis.
E. Signage. Only safety signs or those man-
dated by a government entity with jurisdiction
may be located on wireless communication
facilities. No other types of signs are permitted
on wireless communication facilities.
F. Any application must demonstrate that
there is sufficient space for temporary parking
for regular maintenance of the proposed facil-
ity.
G. Finish. A monopole may be constructed
of laminated wood, fiberglass, steel, or similar
material. The pole shall be a neutral color so as
to reduce its visual obtrusiveness, subject to
any applicable standards of the FAA or FCC.
H. Design. The design of all buildings and
ancillary structures shall use materials, colors,
textures, screening and landscaping that will
blend the facilities with the natural setting and
built environment.
I. Color. All antennas and ancillary facili-
ties located on buildings or structures other
than monopoles shall be of a neutral color that
is identical to or closely compatible with the
color of the supporting structure so as to make
the antenna and ancillary facilities as visually
unobtrusive as possible.
J. Lighting. Monopoles shall not be artifi-
cially lighted unless required by the FAA, FCC
or other government entity with jurisdiction. If
lighting is required and alternative lighting
options are permitted, the city shall review the
lighting alternatives and approve the design
that would cause the least disturbance to the
surrounding area. No strobe lighting of any
type is permitted on any monopole. If FAA
guidelines would require a strobe, the location
shall be denied unless no other site or combi-
nation of sites would provide adequate cover-
age in accord with FCC requirements.
K. Advertising. No advertising is permitted
at wireless communication facility sites or on
any ancillary structure or facilities equipment
enclosure.
L. Equipment Enclosure. Each applicant
shall use the smallest equipment enclosure
practical to contain the required equipment
and a reserve for required collocation.
M. Radio Frequency Emissions Compli-
ance. The applicant shall demonstrate that the
project will not result in levels of radio fre-
quency emissions that exceed FCC standards,
including FCC Office of Engineering Technol-
ogy (OET) Bulletin 65, Evaluating Compli-
ance with FCC Guidelines for Human
Exposure to Radio Frequency Electromagnetic
Fields, as amended. Additionally, if the direc-
tor determines the wireless communication
facility, as constructed, may emit radio fre-
quency emissions that are likely to exceed
Federal Communications Commission uncon-
trolled/general population standards in FCC
Office of Engineering Technology (OET) Bul-
letin 65, Evaluating Compliance with FCC
Guidelines for Human Exposure to Radio Fre-
quency Electromagnetic Fields, as amended,
in areas accessible by the general population,
the director may require post -installation test-
ing to determine whether to require further
mitigation of radio frequency emissions. The
cost of any such testing and mitigation shall be
borne by the applicant.
N. Landscaping and Screening.
1. The visual impacts of wireless com-
munication facilities should be mitigated and
softened through landscaping or other screen-
ing materials at the base of a monopole, facil-
ity equipment compound, equipment
enclosures and ancillary structures. If the
antenna is mounted flush on an existing build-
ing, or camouflaged as part of the building and
other equipment is housed inside an existing
structure, no landscaping is required. The
director or his designee may reduce or waive
the standards for those sides of the wireless
communication facility that are not in public
view, when a combination of existing vegeta-
20-67 (Revised 7/19)
20.50.060
tion, topography, walls, decorative fences or
other features achieves the same degree of
screening as the required landscaping; in loca-
tions where the visual impact of the facility
would be minimal; and in those locations
where large wooded lots not capable of subdi-
vision and natural growth around the property
perimeter provide a sufficient buffer.
2. Landscaping shall be installed on the
outside of fences in accordance with Chapter
20.13 ECDC. Existing vegetation shall be pre-
served to the maximum extent practicable and
may be used as a substitute for or as a supple-
ment to landscaping or screening require-
ments. The following requirements apply:
a. Type I landscaping shall be placed
around the perimeter of the equipment cabinet
enclosure, except that a maximum 10-foot por-
tion of the fence may remain without landscap-
ing in order to provide access to the enclosure.
b. Landscaping area shall be a mini-
mum of five feet in width around the perimeter
of the enclosure.
c. Vegetation selected should be
native and drought tolerant.
d. Landscaping shall be located so as
not to create sight distance hazards or conflicts
with other surrounding utilities.
3. When landscaping is used, the appli-
cant shall submit a landscaping bond pursuant
to ECDC 20.13.040.
4. The use of chain link, plastic, vinyl or
wire fencing is prohibited. Ornamental metal
or wood fencing materials are preferred. [Ord.
4147 § 2 (Att. A), 2019; Ord. 3961 § 1, 2014;
Ord. 3845 § 2 (Att. A), 2011].
20.50.060 Permits and shot clocks.
A. No person may place, construct, recon-
struct, modify or operate a wireless communi-
cation facility subject to this chapter without
first having in place a master permit agreement
pursuant to ECDC 20.50.020(C) and the per-
mit(s) issued in accordance with this chapter.
Except as otherwise provided herein, the
requirements of this chapter are in addition to
the applicable requirements of this title and
ECDC Title 18. Any wires, cables, conduit or
equipment associated with a wireless commu-
nication facility shall be subject to the require-
ments of Chapter 18.05 ECDC, unless wireless
facilities are expressly exempted from a provi-
sion of Chapter 18.05 ECDC or the context
necessitates that a provision of Chapter 18.05
ECDC not apply to wireless facilities.
B. Applications will be reviewed based on
the type of wireless communication facilities
requested to be permitted. Each wireless com-
munication facility requires the appropriate
type of project permit review, as shown in
Table A. In the event of uncertainty on the type
of a wireless facility, the director shall have the
authority to determine what permits are
required for the proposed facility.
Table A
Building Permit
Right -of -Way
FCC Shot
Request
Location
Required
(ROW) Permit
Clocks for
Required
Permit Review
Eligible facilities
Existing tower
Yes, if on private
Yes, if in ROW
60 days
request
or base station
property
New macro facility
Collocation
Yes, if any
Yes, if any
90 days
elements on
elements in the
private property
ROW
(Revised 7119) 20-68
Edmonds Community Development Code
20.50.060
Table A (Continued)
Building Permit
Right -of -Way
FCC Shot
Request
Location
Required
(ROW) Permit
Clocks for
Required
Permit Review
New macro facility
New structure
Yes, if any
Yes, if any
150 days
or monopole
elements on
elements in the
private property
ROW
New small wireless
Collocation
Yes, if on private
Yes, if any
60 days
facility
property
elements in the
ROW
New small wireless
New structure
Yes, if any
Yes, if any
90 days
facility
orfreestanding
elements on
elements in the
small wireless
private property
ROW
facility
Temporary facility
Varies
Yes, if any
Yes, if any
Standard
elements on
elements in the
permit quotes
private property
ROW
C. Timelines.
1. Macro Facilities. The application
review period begins when all required appli-
cation materials have been received and fees
paid. If the city determines that the application
is incomplete and provides notice to the appli-
cant within 30 calendar days of the date of
application, the clock stops. The clock restarts
when the city receives the applicant's supple-
mental submission in response to the city's
notice of incompleteness. For subsequent
determinations of incompleteness, the clock
tolls (pauses) if the city provides written notice
within 10 days that a supplemental submission
did not provide the requested information.
2. Small Wireless Facilities. The appli-
cation review period begins when all required
application materials have been received and
fees paid. If the city determines that the appli-
cation is incomplete and provides notice to the
applicant within 10 calendar days of the date of
application, the clock stops. The clock resets to
zero when the city receives the applicant's
supplemental submission in response to the
city's notice of incompleteness. For subse-
quent determinations of incompleteness, the
clock tolls (pauses) if the city provides written
notice within 10 days that a supplemental sub-
mission did not provide the requested informa-
tion.
D. Batched Small Wireless Facility Appli-
cations. If an applicant is applying for a small
wireless network in a contiguous service area,
multiple small wireless facilities may be
batched into one application; provided, that the
application fee shall still be calculated as if the
applications were submitted separately. The
director or his/her designee may approve, deny
or conditionally approve all or any portion of
the small wireless facilities proposed in the
application. The denial of one or more small
wireless facility locations within one submis-
sion shall not be the sole basis for a denial of
other locations or the entire batched applica-
tion for small wireless facilities. Should an
applicant file a single application for a batch
that includes both collocated and new struc-
tures for small wireless facilities, the longer
90-day shot clock shall apply to ensure the city
has adequate time to review the new construc-
tion sites.
20-69 (Revised 7/19)
20.50.060
E. Any application submitted pursuant to
this chapter for projects located on public or
private property shall be reviewed and evalu-
ated by the director, or his designee. The direc-
tor of public works or his/her designee shall
review all proposed wireless communication
facilities that are located partially or fully
within the city rights -of -way. Regardless of
whether the director or the director of public
works or their respective designees are review-
ing the application, all applications will be
reviewed and evaluated pursuant to the provi-
sions of this chapter.
F. All applications for wireless communi-
cation facilities shall be reviewed for compli-
ance with the applicable design standards by
the director or his/her designee.
G. The applicant is responsible for obtain-
ing all other permits from any other appropri-
ate governing body with jurisdiction (i.e.,
Washington State Department of Labor and
Industries, Federal Aviation Administration,
etc.).
H. No provision of this chapter shall be
interpreted to allow the installation of a wire-
less communication facility which minimizes
parking, landscaping or other site development
standards established by the Edmonds Com-
munity Development Code.
I. Wireless communication facilities that
are governed under this chapter shall not be
eligible for variances under Chapter 20.85
ECDC. Any request to deviate from this chap-
ter shall be based solely on the exceptions set
forth in this chapter.
J. Third -Parry Review. Applicants may use
various methodologies and analyses, including
geographically based computer software, to
determine the specific technical parameters of
the services to be provided utilizing the pro-
posed wireless communication facilities, such
as expected coverage area, antenna configura-
tion, capacity, and topographic constraints that
affect signal paths. In certain instances, a third -
party expert may be needed to review the engi-
neering and technical data submitted by an
applicant for a permit. The city may at its dis-
cretion require third -party engineering and
technical review as part of a permitting pro-
cess. The costs of the technical third -party
review shall be borne by the applicant.
1. The selection of the third -party expert
is at the discretion of the city. The third -party
expert review is intended to address interfer-
ence and public safety issues and be a site -spe-
cific review of engineering and technical
aspects of the proposed wireless communica-
tion facilities and/or a review of the applicants'
methodology and equipment used, and is not
intended to be a subjective review of the site
which was selected by an applicant. Based on
the results of the expert review, the city may
require changes to the proposal. The third -
party review shall address the following:
a. The accuracy and completeness of
submissions;
b. The applicability of analysis tech-
niques and methodologies;
c. The validity of conclusions
reached;
d. The viability of other site or sites
in the city for the use intended by the appli-
cant; and
e. Any specific engineering or tech-
nical issues designated by the city.
K. Any decision by the director or the
director of public works shall be given sub-
stantial deference in any appeal of a decision
by the city to either approve, approve with
conditions, or deny any application for a wire-
less communication facility.
L. Notwithstanding other remedies that
may be available under federal law, failure of
the city to issue permits within or otherwise
comply with the FCC shot clock requirements
does not provide a "deemed" grant of approval
for macro or small wireless facilities. No work
may occur until the permit issues. [Ord. 4147
§ 2 (Att. A), 2019; Ord. 3961 § 1, 2014; Ord.
3845 § 2 (Att. A), 2011].
(Revised 7/19) 20-70
Edmonds Community Development Code
20.50.070
20.50.070 Application requirements.
The following information must be submit-
ted as part of a complete application for a wire-
less communication facility permit in the city
of Edmonds:
A. Project description including a design
narrative, technology description, and, for
macro cell facilities, a collocation analysis
indicating the alternative locations considered;
B. Aerial photo or map showing entire pro-
posed deployment (small wireless only);
C. Site information on scaled plans, includ-
ing:
1. Site plan;
2. Elevation drawings;
3. Utility plan showing existing utilities,
proposed facility location, and underground-
ing;
4. Screening, camouflaging or landscap-
ing plan and cost estimate (produced in accor-
dance with Chapter 20.13 ECDC), as
appropriate;
D. Photos and photo simulations showing
the existing appearance of each site and
appearance of the proposed installation from
nearby public viewpoints;
E. Noise report (per ECDC 20.50.050(C)),
if applicable;
F. Radio Frequency (RF) Emissions Stan-
dards. The applicant shall provide the certifi-
cation of an RF engineer with knowledge of
the proposed development that the small wire-
less facility network will comply with RF stan-
dards adopted by the Federal Communications
Commission (FCC). The city recognizes that
the Federal Telecommunications Act of 1996
gives the FCC sole jurisdiction in the field of
regulation of RF emissions and wireless facil-
ities that meet FCC standards shall not be con-
ditioned or denied on the basis of RF impacts.
G. For small wireless facility deployments,
the following additional documentation shall
be provided as initial justification for the pro-
posed location pursuant to the location prefer-
ence criteria set forth in ECDC 20.50.130(B),
as applicable:
1. For installations proposed for loca-
tion preference No. 2 (freestanding small wire-
less facility or new streetlight), provide all of
the following to the extent applicable within
150 lineal feet in either direction of each pro-
posed small wireless facility location as mea-
sured along the right-of-way line for the
applicable street:
a. Where no poles exist in the area:
evidence that no utility poles, traffic signal
poles, or streetlight poles exist;
b. Where poles exist that cannot fully
conceal a small wireless facility: written docu-
mentation from all pole owners, denying the
applicant's request to replace any of the exist-
ing poles that are not capable of hosting a fully
concealed small wireless facility with a new
pole that is capable of hosting a fully con-
cealed small wireless facility on the grounds
that no such replacement pole is available on
the market or due to other reasonably insoluble
problems expressed in writing by the pole
owner;
c. Where poles exist that can fully
conceal a small wireless facility: written docu-
mentation from all owners of poles within 150
lineal feet in either direction of each proposed
small wireless facility location, as measured
along the right-of-way line for the applicable
street, denying the applicant's request to install
the small wireless facility within any such
existing poles.
2. For installations proposed for loca-
tion preference No. 3 (on top of existing power
pole) provide all of the following to the extent
applicable within 150 lineal feet in either
direction of each proposed small wireless
facility location as measured along the right-
of-way line for the applicable street:
a. Documentation as required in sub-
section (G)(1) of this section; and
b. Evidence that the design standards
for a freestanding small wireless facility in the
right-of-way could not be met; and
c. Confirmation by the director of
public works that a new streetlight pole capa-
20-70.1 (Revised 7/19)
20.50.080
ble of hosting a fully concealed small wireless
facility was not determined to be needed.
3. For installations proposed for loca-
tion preference No. 4 (in communication space
on existing power pole) provide all of the fol-
lowing to the extent applicable within 1501in-
eal feet in either direction of each proposed
small wireless facility location as measured
along the right-of-way line for the applicable
street:
a. Documentation as required in sub-
sections (G)(1) and (2) of this section; and
b. Evidence that no power poles exist
that would allow for installation on top of the
pole; or
c. Written documentation from all
owners of the power poles denying the request
to install the small wireless facility on any such
power poles that would allow for installation
on top of the pole.
4. For installations proposed for loca-
tion preference No. 5 (strand -mounted) pro-
vide all of the following to the extent
applicable within 150 lineal feet in either
direction of each proposed small wireless
facility location as measured along the right-
of-way line for the applicable street:
a. Documentation as required in sub-
sections (G)(1), (2), and (3) of this section; and
b. Evidence that no power poles exist
that would allow for installation within the
communication space; or
c. Written documentation from all
owners of the power poles denying the request
to install the small wireless facility on any such
existing power poles that would allow for
installation within the communication space.
5. For each small wireless facility to be
placed on or at the location of an existing pole,
whether that pole is to be replaced or whether
it is to remain, written documentation of the
pole owner's consent to the applicant's pro-
posed placement at that location.
6. Demonstration of compliance with
the National Electrical Safety Code.
H. A copy of the provider's approved mas-
ter permit.
I. Any other documentation deemed neces-
sary by the director in order to issue a decision.
[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1,
2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.080 Eligible facilities requests.
This section implements Section 6409 of the
Spectrum Act (codified at 47 U.S.C. 1455),
which requires the city of Edmonds to approve
any eligible facilities request for a modifica-
tion of an existing tower or base station that
does not substantially change the physical
dimensions of such tower or base station.
A. Definitions. The following definitions
only apply to eligible facilities requests as
described in this section and do not apply
throughout this chapter:
1. "Base station" is a structure or equip-
ment at a fixed location that enables FCC -
licensed or authorized wireless communica-
tions between user equipment and a communi-
cations network. The term does not encompass
a tower as defined herein nor any equipment
associated with a tower. Base station includes,
without limitation:
a. Equipment associated with wire-
less communications services as well as unli-
censed wireless services and fixed wireless
services such as microwave backhaul.
b. Radio transceivers, antennas,
coaxial or fiber-optic cable, regular and back-
up power supplies, and comparable equip-
ment, regardless of technological configura-
tion (including distributed antenna systems
("DAS") and small wireless facility networks).
c. Any structure other than a tower
that, at the time the relevant application is filed
(with jurisdiction) under this section, supports
or houses equipment described in subsections
(A)(1)(a) and (b) of this section that has been
reviewed and approved under the applicable
zoning or siting process, or under another state
or local regulatory review process, even if the
structure was not built for the sole or primary
purpose of providing that support.
The term does not include any structure
that, at the time the relevant application is filed
(Revised 7/19) 20-70.2
Edmonds Community Development Code
20.50.080
with the city under this section, does not sup-
port or house equipment described in subsec-
tions (A)(1)(a) and (b) of this section.
2. "Collocation" means the mounting or
installation of transmission equipment on an
eligible support structure for the purpose of
transmitting and/or receiving radio frequency
signals for communication purposes.
3. "Eligible facilities request" means
any request for modification of an existing
tower or base station that does not substan-
tially increase the physical dimensions of such
tower or base station, involving:
a. Collocation of new transmission
equipment;
b. Removal of transmission equip-
ment; or
c. Replacement of transmission
equipment.
4. "Eligible support structure" means
any tower or base station as defined in this sec-
tion; provided, that it is existing at the time the
relevant application is filed with the city.
5. Existing. A constructed tower or base
station is existing if it has been reviewed and
approved under the applicable zoning or siting
process, or under another state or local regula-
tory review process; provided, that a tower that
has not been reviewed and approved because it
was not in a zoned area when it was built, but
was lawfully constructed, is existing for pur-
poses of this definition.
6. "Site" means, for towers other than
towers in the public rights -of -way, the current
boundaries of the leased or owned property
surrounding the tower and any access or utility
easements currently related to the site, and, for
other eligible support structures, further
restricted to that area in proximity to the struc-
ture and to other transmission equipment
already deployed on the ground.
7. Substantial Change. A modification
substantially changes the physical dimensions
of an eligible support structure if it meets any
of the following criteria:
a. For towers other than towers in the
public rights -of -way, it increases the height of
the tower by more than 10 percent or by the
height of one additional antenna array with
separation from the nearest existing antenna,
not to exceed 20 feet, whichever is greater; for
other eligible support structures, it increases
the height of the structure by more than 10 per-
cent or more than 10 feet, whichever is greater.
i. Changes in height should be
measured from the original support structure
in cases where deployments are or will be sep-
arated horizontally, such as on buildings' roof-
tops; in other circumstances, changes in height
should be measured from the dimensions of
the tower or base station, inclusive of origi-
nally approved appurtenances and any modifi-
cations that were approved prior to the passage
of the Spectrum Act;
b. For towers other than towers in the
public rights -of -way, it involves adding an
appurtenance to the body of the tower that
would protrude from the edge of the tower
more than 10 feet, or more than the width of
the tower structure at the level of the appurte-
nance, whichever is greater; for other eligible
support structures, it involves adding an appur-
tenance to the body of the structure that would
protrude from the edge of the structure by
more than six feet;
c. For any eligible support structure,
it involves installation of more than the stan-
dard number of new equipment cabinets for
the technology involved, but not to exceed four
cabinets; or, for towers in the public streets and
base stations, it involves installation of any
new equipment cabinets on the ground if there
are no preexisting ground cabinets associated
with the structure, or else involves installation
of ground cabinets that are more than 10 per-
cent larger in height or overall volume than
any other ground cabinets associated with the
structure;
d. It entails any excavation or deploy-
ment outside the current site;
e. It would defeat the concealment
elements of the eligible support structure; or
f. It does not comply with conditions
associated with the siting approval of the con-
20-70.3 (Revised 7/19)
20.50.090
struction or modification of the eligible sup-
port structure or base station equipment;
provided, however, that this limitation does
not apply to any modification that is noncom-
pliant only in a manner that would not exceed
the thresholds identified above.
B. Qualification as an Eligible Facilities
Request. Upon receipt of an application for an
eligible facilities request, the director will
review the application to determine whether it
qualifies as an eligible facilities request.
C. Time Frame for Review. Within 60 days
of the date on which a network provider sub-
mits an eligible facilities request application,
the director must approve the application
unless it determines that the application is not
covered by this section.
D. Tolling of the Time Frame for Review.
The 60-day review period begins to run when
the application is submitted, and may be tolled
only by mutual agreement by the director and
the applicant or in cases where the director
determines that the application is incomplete.
The time frame for review of an eligible facil-
ities request is not tolled by a moratorium on
the review of applications.
1. To toll the time frame for incomplete-
ness, the director must provide written notice
to the applicant within 30 days of receipt of the
application, clearly and specifically delineat-
ing all missing documents or information
required in the application.
2. The time frame for review begins run-
ning again when the applicant makes a supple-
mental submission in response to the director's
notice of incompleteness.
3. Following a supplemental submis-
sion, the director will notify the applicant
within 10 days that the supplemental submis-
sion did not provide the information identified
in the original notice delineating missing
information. The time frame is tolled in the
case of second or subsequent notices pursuant
to the procedures identified in this subsection.
Second or subsequent notice of incomplete-
ness may not specify missing documents or
information that was not delineated in the orig-
inal notice of incompleteness.
E. Determination That Application Is Not
an Eligible Facilities Request. If the director
determines that the applicant's request does
not qualify as an eligible facilities request, the
director must deny the application.
F. Failure to Act. In the event the director
fails to approve or deny a request for an eligi-
ble facilities request within the time frame for
review (accounting for any tolling), the request
is deemed granted. The deemed grant does not
become effective until the applicant notifies
the director in writing after the review period
has expired (accounting for any tolling) that
the application has been deemed granted.
G. To the extent feasible, additional anten-
nas and equipment shall maintain the appear-
ance intended by the original facility,
including, but not limited to, color, screening,
landscaping, camouflage, concealment tech-
niques, mounting configuration, or architec-
tural treatment. [Ord. 4147 § 2 (Att. A), 2019].
20.50.090 New building -mounted macro
wireless communication facility
standards.
A. General. Wireless communication facil-
ities located on the roof or on the side of the
building shall be grouped together, integrated
to the maximum possible degree with the
building design, placed toward the center of
the roof and/or thoroughly screened from resi-
dential building views and from public views
using radio frequency -transparent panels.
Building -mounted wireless communication
facilities shall be painted with nonreflective
colors to match the existing surface where the
antennas are mounted.
B. Height. The following requirements
shall apply:
1. Downtown Waterfront/Activity Cen-
ter (as Identified in the Edmonds Comprehen-
sive Plan). For buildings at, or which exceed,
the height limit of the underlying zone, anten-
nas shall be flush -mounted and no portion of
the antenna may extend above the building on
(Revised 7/19) 20-70.4
Edmonds Community Development Code
20.50.100
which it is mounted. For buildings below the
height limit, antennas may be built to the max-
imum height of the zone provided they are
screened consistent with the existing building
in terms of color, architectural style and mate-
rial. Flush -mounted antennas may encroach
into a required setback or into the city right-of-
way if a right-of-way use agreement is estab-
lished with the city. Antennas shall not project
into the right-of-way by more than two feet
and shall provide a minimum clearance height
of 20 feet over any pedestrian or vehicular
right-of-way.
2. Outside the Downtown/Waterfront
Activity Center. The maximum height of
building -mounted facilities and equipment
shall not exceed nine feet above the top of the
roof on which the facility is located. This stan-
dard applies to all buildings regardless of
whether they are at or above the maximum
height of the underlying zone. Such antennas
must be well integrated with the existing struc-
ture or designed to look like common rooftop
structures such as chimneys, vents and stove-
pipes.
C. Equipment Enclosure. Equipment enclo-
sures for building -mounted wireless commu-
nication facilities shall first be located within
the building on which the facility is located. If
an equipment enclosure within the building is
reasonably unavailable, then an equipment
enclosure may be incorporated into the roof
design provided the enclosure meets the height
requirement for the zone. If the equipment can
be screened by placing the equipment below
existing parapet walls, no additional screening
is required. If screening is required, then the
screening must be consistent with the existing
building in terms of color, architectural style
and material. Finally, if there is no other choice
but to locate the equipment enclosure on the
ground, the equipment must be enclosed
within an accessory structure which meets the
setbacks of the underlying zone and be
screened in accordance with ECDC
20.50.050(N).
D. Feed Lines and Coaxial Cables. Feed
lines and cables should be located below the
parapet of the rooftop, if present. If the feed
lines and cables are visible from a public right-
of-way or adjacent property, they must be
painted to match the color scheme of the build-
ing.
Acceptable Building -Mounted WCF
Unacceptable Building -Mounted WCF
[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1,
2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.100 New structure -mounted macro
wireless communication
facilities standards.
A. Generally. Wireless communication
facilities located on structures other than
buildings, such as utility poles, light poles, flag
poles, transformers, and/or tanks, shall be
designed to blend with these structures and be
mounted on them in an inconspicuous manner.
1. Wireless communication facilities
located on structures within unzoned city
rights -of -way adjacent to single-family resi-
20-70.5 (Revised 7/19)
20.50.100
dential (RS) zones shall satisfy the following
requirement:
a. No metal pole or tower shall be
used within the right-of-way adjacent to a sin-
gle-family zoned neighborhood unless
required in order to comply with the provisions
of the State Electrical Code. Wooden poles of
height and type generally in use in the sur-
rounding residential neighborhood shall be
used unless prohibited by the State Electrical
Code.
2. Wireless communication facilities
located on structures shall be painted with non -
reflective colors in a scheme that blends with
the underlying structure.
B. Height.
1. The maximum height of structure -
mounted wireless communication facilities
shall not exceed the maximum height specified
for each structure or zoning district (rights -of -
way are unzoned); provided the wireless com-
munication facility may extend up to six feet
above the top of the structure on which the
wireless communication facility is installed.
Antennas and related equipment shall be
mounted as close as practicable to the struc-
ture.
2. Only one extension is permitted per
structure.
3. If installed on an electrical transmis-
sion or distribution pole, a maximum 15-foot
vertical separation is required from the height
of the existing power lines at the site (prior to
any pole replacement) to the bottom of the
antenna. This vertical separation is intended to
allow wireless carriers to comply with the
electrical utility's requirements for separation
between their transmission lines and the car-
rier's antennas.
C. Equipment Enclosure. Equipment enclo-
sures shall first be located underground. If the
enclosure is within the right-of-way, the enclo-
sure shall be underground. If there is no other
feasible option but to locate the equipment
enclosure above ground on private property,
the equipment must be enclosed within an
accessory structure which meets the setbacks
of the underlying zone and be screened in
accordance with ECDC 20.50.050(N).
D. Feed Lines and Coaxial Cable. Feed
lines and cables must be painted to closely
match the color scheme of the structure which
supports the antennas.
E. Only wireless communication providers
with a valid master permit shall be eligible to
apply for a right-of-way construction permit,
which shall be required prior to installation of
facilities within the city right-of-way and be in
addition to other permits specified in this chap-
ter.
Acceptable Structure -Mounted WCF
(Revised 7/19) 20-70.6
Edmonds Community Development Code
20.50.120
Unacceptable Structure -Mounted WCF
[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1,
2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.110 New monopole standards.
A. No part of a monopole, antennas or
antenna equipment may exceed the maximum
height allowed in the zone where the facility is
located.
B. Monopoles must be completely
shrouded. All antennas, equipment and cables
must be concealed.
C. All monopole facilities must conform to
the following site development standards:
1. To the greatest extent possible, mono-
pole facilities shall be located where existing
trees, existing structures and other existing site
features camouflage these facilities.
2. Existing mature vegetation should be
retained to the greatest possible degree in order
to help conceal the facility.
3. Equipment Enclosure. The first pref-
erence is for the equipment enclosure to be
located underground. If the enclosure is within
the right-of-way, the enclosure must be under-
ground. If there is no other choice but to locate
the equipment enclosure on the ground, the
equipment must be enclosed within an acces-
sory structure which meets the setbacks of the
underlying zone and be screened in accordance
with ECDC 20.50.050(N).
l
Acceptable Monopole WCF
Unacceptable Monopole WCF
[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1,
2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.120 Temporary facilities.
A. The installation of a "cell -on -wheels" or
COWS and the installation site shall comply
with all applicable laws, statutes, require-
ments, rules, regulations, and codes, including,
but not limited to, the Uniform Fire Prevention
and Building Code and National Electrical
Code.
20-70.7 (Revised 7/19)
20.50.130
B. All COWS and related appurtenances
shall be completely removed from the installa-
tion site within 30 days of the date of the end
of the emergency as determined by the mayor.
[Ord. 4147 § 2 (Att. A), 2019; Ord. 3961 § 1,
2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.130 Small wireless standards and
approval process.
Unlike macro facilities which are intended
to provide wireless coverage over large areas,
the goal of a small wireless facility deploy-
ment is to provide additional capacity in local-
ized areas, including residential
neighborhoods, using smaller antennas and
equipment. The intent of this section is to
describe the city's location preferences for
small wireless facility deployments and pro-
vide appropriate design standards to ensure
that the negative visual impacts of small wire-
less facilities are minimized.
A. Permitted Locations. Installation of
small wireless facilities on existing buildings
could help minimize the negative visual
impact of additional wires, antennas and
equipment that may otherwise be placed on
utility poles. However, it is understood that a
multi -node deployment may not be able to be
located entirely on buildings as it may not be
technically feasible to do so and, in addition,
some property owners within the desired small
wireless facility deployment area may not
want to participate. A mix of zoned property
and right-of-way locations may be used.
1. Small wireless facility attachments to
buildings are permitted in any zone and are not
subject to the dispersion requirement below.
2. Fully concealed freestanding small
wireless facilities are permitted in any zone
(except downtown business) but are still sub-
ject to the dispersion requirement below.
3. Dispersion Requirement. No two
small wireless facilities shall be located within
300 feet radially; provided, that this dispersion
requirement shall not apply to small wireless
facilities that are located pursuant to location
preference No. 1, below; and further provided,
that this dispersion requirement shall not apply
to collocation in a fully concealed pole.
4. Downtown business district (BD)
zones shall be limited to building attachments
or hollow utility poles. Where a Sternberg
streetlight exists, replacement or new installa-
tion of a decorative streetlight shall match the
style and character of the existing Sternberg
streetlights, as determined by the public works
director, and shall be designed to contain a
small wireless facility in a fully concealed
manner. Small wireless facilities shall not be
attached to Sternberg streetlights that were not
designed to host fully concealed small wireless
facilities.
5. In areas where utility systems are
underground, small cell facility deployment
will be limited to existing buildings, new or
replaced streetlights and/or installation of free-
standing small cell facilities.
6. Small wireless facilities may not be
located on sites identified on official local,
state or federal historic registries.
7. Small wireless facilities may not be
located on wood poles that contain a street-
light.
B. Location Preference Hierarchy. When
locating small wireless facilities in the right-
of-way, wireless providers shall site their
small wireless facilities pursuant to the follow-
ing siting preferences. These siting prefer-
ences are expressed in descending order,
starting with the most preferred. Wireless pro-
viders may not descend to a lower preference
in the list below until they have determined
that the higher preferences are not feasible in
accordance with ECDC 20.50.070(G). Failure
to show lack of feasibility of a higher prefer-
ence shall be grounds for denial of an applica-
tion.
1. Location preference No. 1 — hollow
utility pole.
2. Location preference No. 2 — free-
standing small wireless facility or new street-
light.
3. Location preference No. 3 — existing
power pole (installation on top of pole).
(Revised 7/19) 20-70.8
Edmonds Community Development Code
20.50.130
4. Location preference No. 4 — existing
power pole (installation in communication
space).
5. Location preference No. 5 — strand -
mounted.
C. General Design Standards. Unless the
context clearly requires otherwise, the follow-
ing general design standards apply to all small
wireless facilities:
1. Collocation. All new poles must be
capable of accepting at least two wireless facil-
ities in a fully concealed manner, unless
accommodation of a second facility is not
technically feasible.
2. Ground -mounted equipment in the
rights -of -way is prohibited, unless the appli-
cant can demonstrate that pole -mounted or
undergrounded equipment is technically infea-
sible. If ground -mounted equipment is neces-
sary, the equipment must be fully concealed.
Generators located in the rights -of -way are
prohibited.
3. No equipment shall be operated so as
to produce noise in violation of Chapter 5.30
ECC.
4. Replacement poles, new poles, and all
equipment shall comply with the Americans
with Disabilities Act ("ADA"), city construc-
tion and sidewalk clearance standards, and
state and federal regulations in order to pro-
vide a clear and safe passage within the rights -
of -way.
5. Replacement poles shall be located as
near as possible to the existing pole with the
requirement to remove the abandoned pole.
6. Except for the health warning signage
referenced below, no signage, message, or
identification other than the manufacturer's
identification or identification required by
governing law is allowed to be portrayed on
any antenna, and any such signage on equip-
ment enclosures shall be of the minimum
amount possible to achieve the intended pur-
pose; provided, that signs are permitted as con-
cealment techniques where appropriate. All
small wireless facilities shall have affixed to
them a health warning sign. The health warn-
ing sign shall be sized and oriented in such a
manner as to be legible from the sidewalk. The
health warning sign shall not exceed one
square foot in area. The health warning sign
shall read as follows: "WARNING: This
device transmits radiation. The long term con-
sequences of exposure to such radiation upon
human health are unknown." The warning lan-
guage shall be accompanied by the following
symbol:
7. Antennas and related equipment may
not be illuminated except for security reasons,
required by a federal or state authority, or
unless approved as part of a concealment ele-
ment such as a streetlight.
8. The director is authorized to approve
applications that deviate from the general
design standards, above, and the specific
design standards, below, to the extent neces-
sary to approve an application that is consis-
tent with the applicant's alternative WCF
design, but only where that applicant has
already had the proposed alternative WCF
design approved by the city council pursuant
to the optional process set forth in ECDC
20.50.020(C)(2)(e). City council approval of
an alternative WCF design does not necessar-
ily make other design standards inapplicable to
that provider. Applicants shall comply with the
other design standards herein as much as their
alternative WCF design allows.
D. Specific Design Standards for Facilities
in the Right -of -Way.
1. Location Preference No. 1 — Hollow
Utility Pole. This option applies to any exist-
ing pole in the right-of-way (power pole,
streetlight pole, traffic light pole) that could
feasibly be replaced with a hollow pole
designed to host small wireless facilities in a
20-70.9 (Revised 7/19)
20.50.130
fully concealed manner. In many but not all
instances, this location preference will involve
the replacement of a wood pole with a hollow
pole that serves the same needs as its predeces-
sor while also hosting small wireless facilities
in a fully concealed manner.
a. Combination small wireless facil-
ity and power pole must meet the pole owner's
requirements for power distribution. New
combination small wireless facility and power
poles must be designed to host small wireless
facilities from at least two carriers in a fully
enclosed manner. 5G antennas only may be
exposed until such time that the technology
develops to make concealment of 5G antennas
feasible.
b. Combination small wireless facil-
ity and streetlight pole should be located where
an existing streetlight pole can be utilized or
removed and replaced with a pole that allows
for small wireless facility installation in the
same location.
c. Pole design shall match or be com-
patible with the aesthetics of existing street-
lights installed adjacent to the pole.
d. Where a Sternberg streetlight
exists in the downtown business district (BD)
zones, replacement or new installation of a
decorative streetlight shall match the style and
character of the existing Sternberg streetlights,
as determined by the public works director,
and shall be designed to contain a small wire-
less facility in a fully concealed manner.
e. The pole shall have a streamlined
appearance similar to the pole in the embedded
diagram, below. For a combination pole to be
considered visually pleasing, the transition
between the equipment cabinet and upper pole
should be considered. A decorative transition
shall be installed over the equipment cabinet
upper bolts, or decorative base cover shall be
installed to match the equipment cabinet size.
FIBEF
SPAC
sox
FINAL
GRAC
ELEC
CONE
ENNA
MIRE
WRE MAST ARM
R POLE
'MFNT CABINET
DARD
RATION
f. The diameter of the upper pole
shall be smaller than the equipment cabinet.
All hardware connections shall be hidden from
view. No horizontal flat spaces greater than
one and one-half inches shall exist on the
equipment cabinet to prevent cups, trash, and
other objects from being placed on the equip-
ment cabinet.
g. Internal separation of electrical
wiring and fiber to be provided, as required by
the pole owner.
h. Weatherproof grommets shall be
integrated in the pole design to allow cable to
exit the pole, for external shrouds, without
water seeping into the pole.
i. The antenna shall be fully con-
cealed within the pole, if technically feasible.
If it is not technically feasible to fully conceal
the antenna within the pole, a shrouded
antenna may be flush -mounted to either the
side or top of the pole. The basis for any claim
of technical infeasibility here must be sup-
ported by a signed statement from a licensed
RE engineer that provides enough detail to
allow for meaningful third -parry review under
ECDC 20.50.060(J). Antennas and equipment
(Revised 7/19) 20-70.10
Edmonds Community Development Code
20.50.130
located within a unified enclosure may also be
flush -mounted, as described above, if it is not
technically feasible to fully conceal the unified
enclosure within the pole, and if the unified
enclosure does not exceed four cubic feet in
volume. The following is an example of a
compliant unified enclosure:
j. A cantenna or canister antenna on
top of an existing pole may not extend more
than six feet above the height of the existing
pole and the diameter may not exceed the
diameter of the top of the pole by more than
two inches. The antennas shall be integrated
into the pole design so that it appears as a con-
tinuation of the original pole, including col-
ored or painted to match the pole. All cabling
and mounting hardware/brackets from the bot-
tom of the antenna to the top of the pole shall
be concealed and integrated with the pole.
k. Utility poles shall be located as
follows:
i. In a manner that does not
impede, obstruct, or hinder pedestrian or
vehicular travel.
ii. In alignment with existing
trees, utility poles, and streetlights.
iii. Equal distance between trees
when possible, with a minimum of 15-foot
separation such that no proposed disturbance
shall occur within the critical root zone of any
tree.
iv. With appropriate clearance
from existing utilities.
v. In compliance with clear zone
requirements.
vi. Ten feet away from the inter-
section of an alley with a street.
1. All conduit, cables, wires and fiber
must be routed internally in the utility pole.
2. Location Preference No. 2 — Free-
standing Small Wireless Facility or New
Streetlight.
a. Freestanding Small Wireless Facil-
ity. The specifications provided in this section
are for installations within the right-of-way
only. The accompanying diagram shows a typ-
ical pole and its elements.
i. Dimensional Requirements.
A. A freestanding small wire-
less facility may not exceed 25 feet in height
measured from the top of the foundation to the
top of the cantenna.
B. The equipment cabinet
must be no greater than 20 inches in diameter.
C. The diameter of the upper
pole shall be smaller than the equipment cabi-
net. The pole shall be tapered to transition
from the equipment cabinet to the upper pole,
as shown in the graphic below. The pole diam-
eter must be scaled so that no flat, horizontal
surface larger than one and one-half inches
exists between the equipment cabinet and
upper pole.
D. The cantenna may not
exceed six feet in height.
20-70.11 (Revised 7/19)
20.50.130
ii. Appearance Requirements.
FIBER
SPLICEIPULL
Box
FINAL
GRADE
ELECTRICAL-L
CONDUIT
CANTENNA
UPPER POLE
EQUIPMENT CABINET
STANDARD
FOUNDATION
A. The same pole aesthetic
must be used along adjacent blocks to maintain
a cohesive appearance. If freestanding small
wireless facilities already exist within the
deployment area, then the new facility shall be
designed to match the existing facilities as
much as practicable.
B. All small wireless facility
carrier equipment must be housed internal to
the equipment cabinet or hidden within the
cantenna. The cantenna, upper pole and equip-
ment cabinet must be of the same brown or
green colors, unless otherwise approved by the
director.
C. All hardware connections
shall be hidden from view.
D. No equipment may be
attached to the outside of the pole.
E. The freestanding small
wireless facility must be served by under-
ground power and fiber, if fiber is to be con-
nected.
iii. Location Requirements.
A. Located such that they in no
way impede, obstruct, or hinder the usual
pedestrian or vehicular travel, affect public
safety, obstruct the legal access to or use of the
public ROW, violate applicable law, violate or
fail to substantially comply with public ROW
design standards, specifications, or design dis-
trict requirements, violate the Federal Ameri-
cans with Disabilities Act of 1990, or in any
way create a risk to public health, safety, or
welfare.
B. Outside the downtown busi-
ness district (BD) zones.
C. So as not to be located along
the frontage of a historic building, deemed his-
toric on a federal, state, or local level.
D. So as not to significantly
create a new obstruction to property sight
lines.
E. In alignment with existing
trees, utility poles, and streetlights.
F. Equal distance between
trees when possible, with a minimum of 15-
foot separation such that no proposed distur-
bance shall occur within the critical root zone
of any tree.
G. With appropriate clearance
from existing utilities.
H. In compliance with clear
zone requirements.
I. Ten feet away from the inter-
section of an alley with a street.
J. On the same side of the
street as existing power lines, regardless of
whether power is underground or overhead.
b. New Streetlight. The hollow utility
pole requirements are also applicable to the
new streetlight alternative, except that a street-
light would be incorporated into the design of
the facility. In addition, the following applies:
i. A new streetlight shall not be
installed unless it has been identified by the
(Revised 7/19) 20-70.12
Edmonds Community Development Code
20.50.130
director of public works that a streetlight is
necessary at the location in which the small
wireless facility is proposed. A streetlight may
be required to be installed instead of a free-
standing wireless facility.
c. Location Preference No. 3 — Exist-
ing Power Pole (Installation on Top of Pole).
CANTENNA
(TOP MOUNTED)
LUMINAIRE &
ARM
EQUIPMENT SHROUD
WITH ANTENNA (SIDE
MOUNTED]
UTILITY POLE
EQUIPMENT SHROUD
XCEL ENERGY METER
WITH DISCONNECT
SMALL CELL
FIBER
CONDUIT
i. A cantenna may not extend
more than six feet above the height of the
existing pole and the diameter may not exceed
the diameter of the pole by more than two
inches, measured at the top of the pole, unless
the applicant can demonstrate technological
infeasibility. The antennas shall be integrated
into the pole design so that it appears as a con-
tinuation of the original pole, including col-
ored or painted to match the pole. All cabling
and mounting hardwareibrackets from the bot-
tom of the antenna to the top of the pole shall
be concealed.
ii. Equipment enclosures and all
ancillary equipment and boxes shall be colored
or painted to match the color of the surface of
the wooden pole in which they are attached.
All related equipment shall not be mounted
more than six inches from the surface of the
pole, unless a further distance is technically
required, and is confirmed in writing by the
pole owner.
iii. All cables and wires shall be
routed through conduit along the outside of the
pole. The outside conduit shall be colored or
painted to match the color of the surface of the
wooden pole. The number of conduit shall be
minimized to the number technically neces-
sary to accommodate a small wireless facility
and shall not increase the number of conduit on
an existing pole to more than three conduit.
iv. The visual effect of the small
wireless facility on all other aspects of the
appearance of the wooden pole shall be mini-
mized to the greatest extent possible.
v. A wooden pole in a proposed
location may be replaced with a taller pole for
the purpose of accommodating a small wire-
less facility; provided, that the height of any
replacement pole may not exceed 50 feet to the
top of the cantenna.
vi. The use of the pole for the sit-
ing of a small wireless facility shall be consid-
ered secondary to the primary function of the
pole. If the primary function of a pole serving
as the host site for a small wireless facility
becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodat-
ing the small wireless facility and the small
wireless facility and all associated equipment
shall be removed.
20-70.13 (Revised 7/19)
20.50.130
d. Location Preference No. 4 — Exist-
ing Power Pole (Installation in Communica-
tion Space).
SMALL CE
FIBER
ELECTRIC
i. Antennas should be placed in an
effort to minimize visual clutter and obtrusive-
ness. Only one antenna array is permitted on
each wooden pole. The inside edge of a side
mounted canister antenna/equipment shroud
shall project no more than 12 inches from the
surface of the wooden pole.
ii. To the extent technically feasi-
ble, antennas and equipment located within a
unified enclosure shall not exceed four cubic
feet. The unified enclosure shall be placed so
as to appear as an integrated part of the pole or
behind banners or signs. The unified enclosure
may not be placed more than six inches from
the surface of the pole, unless a further dis-
tance is technically required and confirmed in
writing by the pole owner.
iii. Equipment enclosures and all
ancillary equipment and boxes shall be colored
or painted to match the color of the surface of
the wooden pole in which they are attached.
All related equipment shall not be mounted
more than six inches from the surface of the
pole, unless a further distance is technically
required, and is confirmed in writing by the
pole owner.
iv. All cables and wires shall be
routed through conduit along the outside of the
pole. The outside conduit shall be colored or
painted to match the color of the surface of the
wooden pole. The number of conduit shall be
minimized to the number technically neces-
sary to accommodate a small wireless facility
and shall not increase the number of conduit on
an existing pole to more than three conduit.
v. The visual effect of the small
wireless facility on all other aspects of the
appearance of the wooden pole shall be mini-
mized to the greatest extent possible.
vi. A wooden pole in a proposed
location may be replaced with a taller pole for
the purpose of accommodating a small wire-
less facility; provided, that the height of any
replacement pole may not extend more than 10
feet above the height of the existing pole,
unless a further height increase is required and
confirmed in writing by the pole owner and
that such height increase is the minimum
extension possible to provide sufficient sepa-
ration and/or clearance from electrical and
wireline facilities.
vii. The use of the pole for the sit-
ing of a small wireless facility shall be consid-
ered secondary to the primary function of the
pole. If the primary function of a pole serving
as the host site for a small wireless facility
becomes unnecessary, the pole shall not be
retained for the sole purpose of accommodat-
ing the small wireless facility and the small
wireless facility and all associated equipment
shall be removed.
e. Location Preference No. 5 —
Strand -Mounted. Small wireless facility facili-
ties mounted on cables strung between exist -
(Revised 7/19) 20-70.14
Edmonds Community Development Code
20.50.130
ing utility poles shall conform to the following
standards:
EQUIPMENT
SHROUD
This graphic is intended to represent a
strand -mounted antenna.
i. To the extent technically feasi-
ble, antennas shall not exceed one cubic feet in
volume.
ii. Only one strand -mounted facil-
ity is permitted between any two existing
poles.
iii. The strand -mounted devices
shall be placed as close as possible to the near-
est utility pole and in no event more than five
feet from the pole unless a greater distance is
technically necessary or required for safety
clearance and confirmed in writing by the pole
owner.
iv. No strand -mounted device
shall be located in or above the portion of the
roadway open to vehicular traffic.
v. Ground -mounted equipment to
accommodate such strand -mounted facilities
is not permitted, except when placed in preex-
isting equipment cabinets, underground or on
zoned property.
vi. Pole -mounted equipment shall
meet the requirements of subsections
(D)(2)(d)(iii), (iv) and (v) of this section.
vii. Such strand -mounted devices
must be installed to cause the least visual
impact and with the minimum excess exterior
cabling or wires (other than the original strand)
necessary to meet the technological needs of
the facility.
E. Specific Design Standards for Facilities
Located Outside the Right -of -Way.
1. On a Building.
a. Roof -Mounted.
i. Small wireless facilities may be
built to the maximum height of the underlying
zone (or use the height exception in subsection
(E)(1)(a)(iii) of this section) provided they are
screened consistent with the existing building
in terms of color, architectural style and mate-
rials.
ii. Such facilities must be com-
pletely concealed and well integrated with the
existing structure or designed and located to
look like common rooftop elements such as
chimneys, elevator penthouses or screened
HVAC equipment.
iii. Height Exception. The maxi-
mum height for a small wireless facility above
the underlying zone maximum is three feet
with a maximum footprint of 12 square feet in
horizontal section.
b. Facade -Mounted.
i. Small wireless facility antennas
may be mounted to the side of a building if
they do not interrupt and are integrated with
the building's architectural theme.
20-70.15 (Revised 7/19)
20.50.140
ii. New architectural features such
as columns, pilasters, corbels, or similar orna-
mentation that conceal the antennas should be
used if they complement the architecture of the
existing building.
iii. If concealment is not possible,
the antennas must be camouflaged. The small-
est feasible mounting brackets must be used
and the antennas must be painted and textured
to match the adjacent building surfaces.
iv. Facade -mounted antennas may
encroach into a required setback or into the
city right-of-way. Antennas may not project
into the right-of-way more than 12 inches and
shall provide a minimum clearance height of
20 feet over any pedestrian or vehicular right-
of-way.
v. All other equipment must be
located within the building, screened by an
existing parapet, or completely concealed and
well integrated with the existing structure or
designed and located to look like common
rooftop elements such as chimneys, elevator
penthouses or screened HVAC equipment.
Exposed cabling/wiring is prohibited.
vi. Height Exception. Antennas
may be located on buildings that are noncon-
forming for height; provided, that they are con-
structed to be no taller than the adjacent facade
or an existing parapet. Equipment may be
located on a roof behind a parapet that is non-
conforming for height. Vertical expansion of
the height nonconformity is prohibited.
2. Freestanding Small Wireless Facility.
The specifications provided in this section are
for installations on zoned property only. Refer
to subsection (D)(2)(a) of this section for
dimensional and appearance standards.
a. Placement Requirements. Free-
standing small wireless facilities shall be
located as follows:
i. Located such that they in no
way impede, obstruct, or hinder the usual
pedestrian or vehicular travel, affect public
safety, or violate applicable law.
ii. Within five feet of the street
property line (right-of-way) and within five
feet of a side property line.
iii. So as not to significantly cre-
ate a new obstruction to property sight lines.
iv. In alignment with existing
trees, utility poles, and streetlights.
v. With appropriate clearance
from existing utilities.
vi. In compliance with clear zone
requirements.
vii. On the same side of the street
as existing power lines, regardless of whether
power is underground or overhead. [Ord. 4147
§ 2 (Att. A), 2019].
20.50.140 Abandonment or
discontinuation of use.
A. At such time that a licensed carrier plans
to abandon or discontinue operation of a wire-
less communication facility, such carrier will
notify the director by certified U.S. mail of the
proposed date of abandonment or discontinua-
tion of operations. Such notice shall be given
no less than 30 days prior to abandonment or
discontinuation of operations.
B. In the event that a licensed carrier fails to
give such notice, the wireless communication
facility shall be considered abandoned upon
the discovery of such discontinuation of oper-
ations.
C. Within 90 days from the date of aban-
donment or discontinuation of use, the carrier
shall physically remove the wireless commu-
nication facility. "Physically remove" shall
include, but not be limited to:
1. Removal of antennas, mounts or
racks, the equipment enclosure, screening,
cabling and the like from the subject property.
2. Transportation of the materials
removed to a repository outside of the city.
3. Restoration of the wireless communi-
cation facility site to its pre -permit or better
condition, except that any landscaping pro-
vided by the wireless communication facility
operator may remain in place.
(Revised 7/19) 20-70.16
Edmonds Community Development Code
20.50.160
4. If a carrier fails to remove a wireless
communication facility in accordance with this
section, the city shall have the authority to
enter the subject property and physically
remove the facility. Costs for removal of the
wireless communication facility shall be
charged to the wireless communication facility
owner or operator in the event the city removes
the facility. [Ord. 4147 § 2 (Att. A), 2019; Ord.
3961 § 1, 2014; Ord. 3845 § 2 (Att. A), 2011].
20.50.150 Maintenance.
A. The applicant shall maintain the wire-
less communication facility to standards that
may be imposed by the city by ordinance or
through permit condition. Such maintenance
shall include, but not be limited to, repair of
damaged shrouds or enclosures, painting,
structural integrity, and landscaping.
B. In the event the applicant fails to main-
tain the facility, the city of Edmonds may
undertake enforcement action as allowed by
existing codes and regulations. [Ord. 4147 § 2
(Att. A), 2019; Ord. 3961 § 1, 2014; Ord. 3845
§ 2 (Att. A), 2011].
20.50.160 Definitions.
A. "Antenna(s)" means any apparatus
designed for the purpose of emitting radio fre-
quency (RF) radiation, to be operated or oper-
ating from a fixed location pursuant to
Commission authorization, for the provision
of personal wireless service and any commin-
gled information services.
B. "Cell -on -wheels (COW)" are used to
provide temporary service, usually for special
events, during repair of a permanent wireless
site, or in emergencies.
C. "Collocation" means the mounting or
installation of an antenna on an existing tower,
building or structure for the purpose of trans-
mitting and/or receiving radio frequency sig-
nals for communications purposes, whether or
not there is an existing antenna on the struc-
ture.
D. "Fully concealed facility" means a WCF
where: (1) the antennas, mounting apparatus,
and any associated equipment are fully con-
cealed within a pole or other structure; and (2)
all cable is routed internally to the structure;
and (3) the associated equipment is completely
within the building or structure, placed in an
underground vault, or is within another ele-
ment such as a bench, mailbox or kiosk.
E. "Distributed antenna system (DAS)" is a
network of spatially separated antenna sites
connected to a common source that provides
wireless service within a discrete geographic
area or structure.
F. "Equipment" means any equipment,
switches, wiring, cabling, power sources, shel-
ters or cabinets associated with an antenna,
located at the same fixed location as the
antenna, and, when collocated on a structure, is
mounted or installed at the same time as such
antenna.
G. "Freestanding small wireless facility" is
a freestanding structure which consists of a
single vertical hollow pole, fixed into the
ground and/or attached to a foundation built
for the sole purpose of supporting and conceal-
ing small wireless antennas and associated
equipment.
H. "Guyed tower" means a monopole or
lattice tower that is tied to the ground or other
surface by diagonal cables.
I. "Lattice tower" is a wireless communica-
tion support structure which consists of metal
crossed strips or bars to support antennas and
related equipment.
J. "Licensed carrier" is a company autho-
rized by the Federal Communications Com-
mission to build and operate a commercial
mobile radio services system.
K. "Macro cell facility (macro facility)"
means a large wireless communication facility
that provides radio frequency coverage served
by a high power cellular system. Generally,
macro cell antennas are mounted on ground -
based towers, rooftops and other existing
structures, at a height that provides a clear
view over the surrounding buildings and ter-
20-70.17 (Revised 7/19)
20.50.160
rain. Macro cell facilities typically contain
antennas that are greater than three cubic feet
per antenna and typically cover large geo-
graphic areas with relatively high capacity and
are capable of hosting multiple wireless ser-
vice providers.
L. "Monopole" means a freestanding struc-
ture which consists of a single vertical pole,
fixed into the ground and/or attached to a foun-
dation with no guy wires built for the sole or
primary purpose of supporting macro antennas
and their associated equipment.
M. "Poles" means utility poles, light poles
or other types of poles, used primarily to sup-
port electrical wires, telephone wires, televi-
sion cable, lighting, or guide posts; or are
constructed for the sole purpose of supporting
a WCF.
N. "Satellite earth station antenna" includes
any antenna in any zoning district that:
1. Is designed to receive direct broadcast
satellite service, including direct -to -home sat-
ellite services, and that is one meter or less in
diameter;
2. Is two meters or less in diameter in
areas where commercial or industrial uses are
generally permitted;
3. Is designed to receive programming
services by means of multi -point distribution
services, instructional television fixed ser-
vices, and local multi -point distribution ser-
vices, that is one meter or less in diameter or
diagonal measurement; and
4. Is designed to receive television
broadcast signals.
O. "Small wireless facility (or small cell
node)" means a wireless facility that meets
each of the following conditions:
1. The facilities:
a. Are mounted on structures 50 feet
or less in height including their antennas; or
b. Are mounted on structures no
more than 10 percent taller than other adjacent
structures; or
c. Do not extend existing structures
on which they are located to a height of more
than 50 feet or by more than 10 percent, which-
ever is greater;
2. Each antenna associated with the
deployment, excluding antenna equipment, is
not more than three cubic feet in volume;
3. All other wireless equipment associ-
ated with the structure, including the wireless
equipment associated with the antenna and any
preexisting associated equipment on the struc-
ture, is no more than 28 cubic feet in volume;
4. The facilities do not require antenna
structure registration under FCC rule;
5. The facilities do not result in human
exposure to radio frequency radiation in
excess of the applicable safety standards spec-
ified by FCC rule.
P. "Unlicensed wireless services" means
the offering of communications services using
duly authorized devices which do not require
individual licenses, but does not mean the pro-
vision of direct -to -home satellite services.
Q. "Wireless communication facility
(WCF)" means an unstaffed facility for the
transmission and reception of radio or micro-
wave signals used for commercial communi-
cations. A WCF provides services which
include cellular phone, personal communica-
tion services, other mobile radio services, and
any other service provided by wireless com-
mon carriers licensed by the Federal Commu-
nications Commission (FCC). WCFs are
composed of two or more of the following
components:
1. Antenna;
2. Mount;
3. Equipment enclosure;
4. Security barrier.
R. "Wireless communication facility
(WCF), building -mounted" means a wireless
communication facility mounted to the roof,
wall or chimney of a building. Also, those
antennas mounted on existing monopoles.
S. "Wireless communication facility
(WCF), camouflaged" means a wireless com-
munication facility that is disguised, hidden, or
integrated with an existing structure that is not
(Revised 7/19) 20-70.18
Edmonds Community Development Code 20.50.160
a monopole, guyed or lattice tower, or placed Chapter 20.55
within an existing or proposed structure.
T. "Wireless communication facility SHORELINE PERMITS
(WCF), equipment enclosure" means a small
structure, shelter, cabinet, or vault used to (Repealed by Ord. 4072)
house and protect the electronic equipment
necessary for processing wireless communica-
tion signals. Associated equipment may
include air conditioning and emergency gener-
ators.
U. "Wireless communication facility
(WCF), monopole" means a wireless commu-
nication facility not attached to a structure or
building and not exempted from regulation
under ECDC 20.50.030. Does not include col-
location of a facility on an existing monopole,
utility pole, light pole, or flag pole.
V. "Wireless communication facility
(WCF), related equipment" is all equipment
ancillary to a wireless communication facility
such as coaxial cable, GPS receivers, conduit
and connectors.
W. "Wireless communication facility
(WCF), structure -mounted" means a wireless
communication facility located on structures
other than buildings, such as light poles, utility
poles, flag poles, transformers, and/or tanks.
X. "Wireless communication services"
means any personal wireless services as
defined in the Federal Telecommunications
Act of 1996, including federally licensed wire-
less communications services consisting of
cellular services, personal communications
services (PCS), specialized mobile radio ser-
vices (SMR), enhanced specialized mobile
radio services (ESMR), paging, and similar
services that currently exist or that may be
developed in the future. [Ord. 4147 § 2 (Att.
A), 2019; Ord. 3961 § 1, 2014; Ord. 3845 § 2
(Att. A), 2011].
20-70.19 (Revised 7/19)
This page left intentionally blank.
(Revised 7/19) 20-70.20
Edmonds Community Development Code
20.60.015
"Wall graphic" is a wall sign, including
murals, in which color and form, and primarily
without the use of words, are a part of the over-
all design on the building(s) where the wall
graphic is proposed. A wall graphic may be
painted or applied (not to exceed one-half inch
in thickness) to a building as a part of its over-
all color and design, but may not be internally
lighted. Internally lighted assemblies, includ-
ing those which project from the wall of the
structure, or which are located on any acces-
sory structure on the site, shall be considered
wall signs and comply with the requirements
of this chapter.
"Wall sign" is a sign that is attached or
affixed to a wall and that is parallel to and not
projecting more than 12 inches at any angle
from such wall. Wall signs include signs that
are painted directly upon a wall.
"Window sign" is a sign that is attached or
affixed to a window, or a sign displayed within
24 inches of the inside of a window in such a
manner as to be visible from any public place.
[Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1
(Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3631
§ 1, 2007; Ord. 3628 § 8, 2007; Ord. 3561 § 1,
2005; Ord. 3514 § 1, 2004; Ord. 3461 § 2,
2003].
20.60.010 Permit required.
A. Except as provided in this chapter, no
permanent sign may be constructed, installed,
posted, displayed or modified without first
obtaining a sign permit approving the pro-
posed sign's size, design, location, and display
as provided for in this chapter.
B. Design approval is not required for the
posting of permanent signs in residential
zones; provided, that the restrictions and stan-
dards of this chapter are met. If additional sig-
nage is requested for conditional or noncon-
forming uses in residential zones, the property
owner shall apply for design review. Design
review is not required for any sign which does
not require a building permit.
C. A sign modification shall include, but is
not limited to, relocations, modifications to
size, design, height or color scheme, or the
replacement of 25 percent or more of the struc-
tural material in the sign area. Normal and
ordinary maintenance and repair, and changes
to the graphics, symbols, or copy of a sign,
without affecting the size, structural design,
height, or color scheme, shall not constitute
modifications for purposes of this section.
[Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1
(Att. A), 2016; Ord. 3514 § 2, 2004; Ord. 3461
§ 2, 2003].
20.60.015 Design review procedures.
A. Staff Approval. Except as referred to the
architectural design board pursuant to subsec-
tion (A)(1) of this section, and except as pro-
vided in subsection (B) of this section, the
planning manager, or designee, shall review
all applications for design review under this
chapter, and shall approve, conditionally
approve or deny the application in accordance
with the policies of ECDC 20.10.000 and the
standards and requirements of this chapter;
provided, that for murals and artwork the plan-
ning manager or designee shall review the
application in accordance with the criteria set
forth in subsection (C) of this section. The
decision of the planning manager on any sign
permit application shall be final except that
signs reviewed by the architectural design
board are appealable to the hearing examiner.
1. The planning manager or designee
may refer design review applications to the
architectural design board for the types of
signs listed below, where the planning man-
ager determines that the proposed sign has the
potential for significant adverse impacts on
community aesthetics or traffic safety:
a. Any sign application for an identi-
fication structure as defined by this chapter;
b. Any sign application for a wall
graphic as defined by this chapter;
20-72.3 (Revised 7/19)
20.60.015
c. Any proposed sign that the plan-
ning manager determines to be obtrusive, gar-
ish or otherwise not consistent with the
architectural features of the surrounding
neighborhood.
B. Review by Architectural Design Board.
The architectural design board shall review
those signs listed in subsection (13)(1) of this
section and any sign permit referred by the
planning manager pursuant to subsection
(A)(1) of this section.
1. The ADB shall review any sign per-
mit application that requests a modification to
any of the standards prescribed by this chapter.
The ADB shall only approve modification
requests that arise from one of the following
two situations:
a. The request is for signage on a site
that has a unique configuration, such as front-
age on more than two streets, or has an unusual
geometric shape or topography;
b. The request is for signage on a
building that has unique architectural elements
or features or details that substantially restrict
the placement or size of signage relative to
other buildings in the vicinity.
2. The ADB may approve the requested
modification only if it meets the following cri-
teria:
a. The design of the proposed signage
must be compatible in its use of materials, col-
ors, design and proportions with development
throughout the site and with similar signage in
the vicinity;
b. In no event shall the modification
result in signage which exceeds the maximum
normally allowed by more than 50 percent.
C. Staff Review of Murals and Artwork.
When a proposed wall graphic is proposed as a
mural or artwork, the planning manager or des-
ignee shall review and approve, conditionally
approve, or deny the application in accordance
with the following criteria. While a separate
sign permit is required for each wall graphic,
the staff may make a single design review
decision on wall graphics that consist of
related murals or artwork. Related murals or
artwork may include multiple proposals for
sites within reasonable proximity to each other
that are related by theme, style, materials used,
and/or context. The decision of the staff on any
design review application containing a mural
or art as a wall graphic may be appealed to the
hearing examiner pursuant to the procedure
established in Chapter 20.06 ECDC.
1. Art, like other exercises of First
Amendment rights, may be limited by reason-
able time, place, and manner restrictions. In
this case, these criteria will be utilized to
enhance the aesthetics of the city and to ensure
quality and maintenance standards are
observed. No recommendation shall be based
upon the content or message expressed by an
artist or in a work of art. Applicants are
encouraged to coordinate their artwork with
the design or architectural elements of the
building and the historic and pedestrian -ori-
ented character of the downtown area.
2. Specific submission requirements for
design review include, but are not limited to:
a. Site sketch showing locations of
artwork;
b. Minimum one -fourth -inch scale
color drawings of the art concept or art compo-
nent;
c. Material/color samples;
d. Written Proposal. A written pro-
posal in eight -and -one -half -inch -by- I I -inch
format to include a description and summary
of a final design proposal for the artwork;
detailed maintenance requirements; a schedule
for development, fabrication, and completion;
artist's resume; and evidence of assumption of
liability by applicant or designee; and
e. When required pursuant to ECDC
20.45.050, a certificate of appropriateness
shall be obtained from the historic preserva-
tion commission for murals on designated his-
toric structures or within a designated historic
district.
(Revised 7/19) 20-72.4
Edmonds Community Development Code
20.60.020
3. Review Criteria. Review criteria for
the design review include:
a. Quality of the materials used to
create the artwork. Materials should be resis-
tant to fading; no fluorescent paints;
b. Durability and permanence,
including ability to withstand age, vandalism,
and weathering. Consideration should be
given to anti -graffiti coating; and
c. Compatibility of the artwork with
architectural elements, other elements of the
street, and adjacent structures. Compatibility
shall be determined by relationships of the ele-
ments of form, proportion, scale, color, mate-
rials, surface treatment, and size and style of
lettering. Lettering shall be minimized, but
may be considered for inclusion when neces-
sary to the artistic content.
D. Notwithstanding the provisions of sub-
sections (A), (B), and (C) of this section, sign
permit applications shall not be referred to or
reviewed by the architectural design board if
the proposed sign constitutes a modification to
an existing sign and involves no significant
alteration or modification to the size, height,
design, lighting or color of the existing sign.
Sign permit applications for such sign modifi-
cations shall be processed and subject to
STORE
NAME
I
1
review in the same manner as provided for
staff review in subsection (A) of this section.
[Ord. 4154 § 22 (Att. D), 2019; Ord. 4064 § 1
(Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016;
Ord. 3800 § 1, 2010; Ord. 3736 § 60, 2009;
Ord. 3461 § 2, 2003].
20.60.020 General regulations for
permanent signs.
A. Sign Area. The area of a sign shall be
calculated as follows:
1. The area of a sign is maximum actual
area of a sign that is visible from any single
point of observation from any public vantage
point. The sign area is normally the smallest
rectangle that encloses the entire copy area of
the sign.
2. Individual letters, numbers or sym-
bols applied directly to a wall or structure and
used to form the sign shall be calculated indi-
vidually.
3. Supporting structures which are part
of a sign display shall be included in the calcu-
lation of the sign area, except that the support-
ing structure of a monument sign or pole sign
shall not be included when calculating the sign
area.
Left: Sign area = X * Y Right: Applied individual letters are calculated separately.
20-72.5
(Revised 7/19)
20.60.020
Monument sign: The base is not included in the calculation of sign area (dashed rectangle).
B. When located on a wall or mansard roof,
no sign may extend above the highest point of
the wall or mansard roof when the mansard
roof is on a one-story building. Other than a
mansard roof on a one-story building, a sign
may not be attached above the eave or drip line
on a pitched roof.
C. Except for pole -mounted community
event banners, no sign or any part of a sign
may be designed or constructed to be moving
by any means and shall not contain items such
as banners, ribbons, streamers and spinners.
Signs with type that is movable to change the
message (reader boards) are allowed, subject
to the specific requirements detailed elsewhere
in this chapter.
D. Signs that extend into or over a public
right-of-way shall comply with Chapter 18.70
ECDC.
E. Exposed braces and angle irons are pro-
hibited unless they are part of a decorative
design that is integral to the design of the sign.
Guywires are prohibited unless there are no
other practical means of supporting the sign.
F. No sign shall have blinking, flashing,
fluttering or moving lights or other illuminat-
ing device which has a changing light density
or color; provided, however, temperature
and/or time signs that conform in all other
respects to this chapter are allowed. Electronic
reader boards may have messages that change;
however, moving messages are not allowed.
Messages that change at intervals less than 20
seconds will be considered blinking or flash-
ing and not allowed.
G. No light source which exceeds 20 watts
shall be directly exposed to any public street or
adjacent property.
H. No illumination source of fluorescent
light shall exceed 425 milliamps or be spaced
closer than eight inches on center.
I. No commercial sign shall be illuminated
after 11:00 p.m. unless the commercial enter-
prise is open for business and then may remain
on only as long as the enterprise is open.
I No window signs above the first floor
shall be illuminated.
K. Sign height shall be determined as fol-
lows:
1. For attached signs, sign height is the
vertical distance from the highest point on the
sign to the average finished grade.
2. For freestanding signs, sign height is
the vertical distance from the highest point of
the sign area or its support to the average ele-
vation of the finished grade at the base of the
supports.
L. Portable signs may not be used as perma-
nent signage; only fixed signs are permitted.
M. The following matrix summarizes the
types of signs permitted in each neighbor-
hood/district within the city:
(Revised 7/19) 20-72.6
Edmonds Community Development Code
20.70.140
5. A statement of the right of any person
to submit written comments to the city council
prior to or at the public hearing and to appear
before the city council at the hearing to give
comments orally; and
6. A description of any easement under
consideration to be retained by the city. In the
event an easement is desired, but was not
included in the notice, the public hearing will
be continued to allow time for notice of the
easement to be provided.
B. Distribution. At least 20 calendar days
before the public hearing the planning man-
ager shall distribute the public notice as fol-
lows:
1. A copy will be sent to the owner of
each piece of property within 300 feet of any
boundary of the street, alley, easement, or part
thereof to be vacated;
2. A copy will be sent to each resident
living immediately adjacent to the street, alley,
easement, or part thereof to be vacated;
3. A copy will be published in the offi-
cial newspaper of the city;
4. At least three copies will be posted in
conspicuous public places in the city; and
5. At least three copies will be posted on
the street, alley, easement, or part thereof to be
vacated. [Ord. 3901 § 1, 2012; Ord. 2933 § 1,
1993].
20.70.100 Vacation file content and
availability.
A. Content. The planning manager shall
compile a vacation file which contains all
information pertinent to the proposed vacation.
B. Availability. This file is a public record.
It is available for inspection and copying in the
planning division during regular business
hours. [Ord. 2933 § 1, 1993].
20.70.110 Public hearing — Required.
The city council shall hold a public hearing
on each requested vacation. [Ord. 2933 § 1,
1993].
20.70.120 Public hearing — Continuation.
The city council may continue the hearing
if, for any reason, it is unable to hear all of the
public comments on the vacation, or if the city
council determines that it needs more informa-
tion on the vacation. If during the hearing, the
city council announces the time and place of
the next hearing on the vacation, no further
notice of the hearing need be given. [Ord. 2933
§ 1, 1993].
20.70.130 Public hearing — Presentation
by planning manager.
At the outset of the hearing, the planning
manager or his/her designee shall make a brief
presentation of:
A. An analysis of the requested vacation in
relation to the provision of this chapter and the
applicable provisions of the comprehensive
plan; and
B. A recommendation on the requested
vacation. [Ord. 2933 § 1, 1993].
20.70.140 Final decision.
A. Generally. Following the public hearing,
the city council shall, by motion approved by a
majority of the entire membership in a roll call
vote, either:
1. Adopt an ordinance granting the
vacation; or
2. Adopt a motion denying the vacation;
or
3. Adopt a resolution of intent to vacate
stating that the city council will, by ordinance,
grant the vacation if the owner(s) of property
abutting upon the street or alley, or part thereof
so vacated, meet specific conditions within 90
days. The city may require the following as
conditions:
a. Either:
i. Monetary compensation to be
paid to the city in the amount of up to one-half
the fair market value for the street, alley, or
part thereof to be vacated unless acquired at
"public expense," then full appraised value
shall be paid; or
20-75 (Revised 7/19)
20.70.140
ii. The grant of a substitute public
right-of-way which has value as an access way
at least equal to the vacated street, alley, or part
thereof, or
iii. Any combination of subsec-
tions (A)(3)(a)(i) and (A)(3)(a)(ii) of this sec-
tion totaling but not more than one-half the fair
market value of the street, alley, or part thereof
to be vacated.
OR
b. A grant of an easement to the city
in exchange for the easement vacated.
If the abutting property owner(s) complies
with conditions imposed in the resolution of
intent to vacate within 90 days, the city council
shall adopt an ordinance granting the vacation.
B. Findings Required. As part of each ordi-
nance granting a vacation, motion denying a
vacation, or resolution of intent to vacate, the
city council shall adopt findings and conclu-
sions to support its decision.
C. Distribution. Within five working days
of the city council decision, the planning man-
ager shall mail a copy of the notice of decision
to the applicant and all persons who submit a
written or oral testimony at the city council's
hearing. [Ord. 3910 § 3, 2013; Ord. 2933 § 1,
1993; Ord. 2493, 1985].
Chapter 20.75
SUBDIVISIONS
Sections:
20.75.010 Citation of chapter.
20.75.020 Purposes.
20.75.025 Scope.
20.75.030 Subdivision defined.
20.75.035 Compliance required.
20.75.040 Application.
20.75.045 Unit lot subdivision.
20.75.050 Lot line adjustment —
Application.
20.75.055 Lot combination.
20.75.060 Required information on
preliminary plats.
20.75.065 Preliminary review.
20.75.070 Formal subdivision — Time limit.
20.75.075 Modifications.
20.75.080 General findings.
20.75.085 Review criteria.
20.75.090 Park land dedication.
20.75.100 Preliminary approval — Time
limit.
20.75.105 Repealed.
20.75.107 Repealed.
20.75.110 Changes.
20.75.120 Review of improvement plans.
20.75.130 Installation of improvements.
20.75.135 Preparation of final plat.
20.75.140 Final plat — Required certificates.
20.75.145 Final plat — Accompanying
material.
20.75.150 Waiver of survey.
20.75.155 Review of final plat.
20.75.158 Repealed.
20.75.160 Final plat — Filing for record.
20.75.165 Effect of rezones.
20.75.170 Further division — Short
subdivisions.
20.75.175 Court review.
20.75.180 Development of lots not divided
according to this chapter.
20.75.185 Penalties.
(Revised 7/19) 20-76
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. 4154 § 4
(Att. C), 2019; 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. 4154 § 4 (Att. C), 2019; 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.
4154 § 4 (Att. C), 2019; 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. 4154 § 4 (Att. C), 2019; 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. 4154 § 4 (Att. C), 2019;
Ord. 4070 § 1 (Exh. 1), 2017].
20-77 (Revised 7/19)
20.75.040
20.75.040 Application.
Applications for subdivisions shall be made
to the development services director on forms
provided by the development services depart-
ment. A subdivision application will be pro-
cessed concurrently with any applications for
rezones, variances, planned unit develop-
ments, site plan approvals and other similar
approvals, that relate to the proposed subdivi-
sion, unless the applicant expressly requests
sequential processing. The application shall
contain the following items in addition to those
specified in ECDC 20.02.002:
A. A reproducible copy of the preliminary
plat and the number of prints required by the
development services department;
B. Title report;
C. A survey map, if required by the devel-
opment services 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 development services director in order
to properly review the proposed subdivision,
including information needed to determine the
environmental impact of the proposal. [Ord.
4154 § 4 (Att. C), 2019; 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 7/19) 20-78
Edmonds Community Development Code
20.75.050
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.
E. Future Additions and Modifications.
Subsequent platting actions, additions or mod-
ifications to the structure(s) may not create or
increase any nonconformity of the parcel lot.
Changes requiring permitting that affect only
the interior of building units will be evaluated
for compliance with the requirements only for
that unit. Any exterior changes will be evalu-
ated for compliance by considering whether
the parent lot would still comply with applica-
ble development standards. Any application
for such external changes will require authori-
zation of all owners of affected unit lots or
approval of the HOA where changes to com-
monly owned tracts are proposed.
F. Homeowners' Association Ownership of
Common Areas. Any commonly used areas or
facilities within a unit lot subdivision, includ-
ing but not limited to common access, garage
or parking areas, common open space or recre-
ation space, common courtyards, commonly
used stormwater facilities or side sewers and
other similar features, must be owned and
maintained by a homeowners' association with
the right to assess the individual unit lot own-
ers as necessary to properly maintain and
repair such areas. Appropriate documentation
regarding the rights of the homeowners associ-
ation must be submitted for recording with the
final plat.
G. Maintenance Agreements for Building
Exteriors. Maintenance agreements must be
executed and recorded as an element of the
final unit subdivision plat or short plat for
maintenance of all building exteriors except in
cases where all dwelling units are detached.
The maintenance agreement must require
equal participation by all owners within any
one building and must be recorded on the final
unit lot plat. The requirement does not apply to
detached single family dwelling units. Com-
mon wall construction must meet currently
adopted building codes.
H. Parking on Different Unit Lots Allowed.
Within the parent lot, required parking for a
dwelling unit may be provided on a different
unit lot than the lot with the dwelling unit as
long as the right to use that parking is formal-
ized by an easement on the final plat.
I. Notice of Unit Lot on the Final Plat. The
fact that the unit lot is not a separate buildable
lot and that additional development of the indi-
vidual unit lots may be limited as a result of the
application of development standards to the
parent lot must be noted on the final plat.
I An application for final unit lot plat will
not be accepted until all foundations, including
common wall foundations, are installed and
located on the face of the final plat by the land
surveyor of record.
K. Review. Unit lot subdivisions of four or
fewer lots are processed and reviewed as short
subdivisions while five or more lots are formal
subdivisions pursuant to Chapter 20.01 ECDC
and the requirements of this chapter. [Ord.
4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh.
1), 2017].
20.75.050 Lot line adjustment —
Application.
A. Lot Line Adjustment Defined. A lot line
adjustment is an alteration of lot lines between
platted or unplatted lots or both, which does
not create any additional lot, tract, parcel, site
or division.
B. Lot Line Adjustment Exempt from Sub-
division Review. Except as otherwise pro-
vided in this section, lot adjustments shall not
be subject to the provisions of this chapter.
C. Lot Line Adjustment Review. All pro-
posals for lot line adjustments shall be submit-
ted to the Edmonds planning manager or
his/her designee for approval. The Edmonds
20-79 (Revised 7/19)
20.75.055
planning manager or his/her designee shall
approve the proposed lot line adjustment
unless the manager or his/her designee certi-
fies in writing that the proposed adjustment
will:
1. Create a new lot, tract, parcel, site or
division;
2. Reduce the setbacks of existing struc-
tures below the minimum required by code or
make existing nonconforming setbacks of
existing structures more nonconforming than
before;
3. Reduce the lot width or lot size below
the minimum required for the applicable zone;
4. Transform a nonbuildable lot, tract,
parcel, site or division into a buildable lot,
tract, parcel, site or division;
5. Would otherwise result in a lot which
is in violation of any requirement of the
ECDC.
D. Application. A lot line adjustment appli-
cation shall be submitted on forms provided by
the city and shall at a minimum contain the fol-
lowing information:
1. One copy of dimensioned plans on
the official city of Edmonds lot line adjustment
form. The dimensioned plans shall be prepared
and stamped by a professional land surveyor
registered in the state of Washington and shall
conform to city of Edmonds survey require-
ments, as promulgated by the Edmonds plan-
ning division. Information on the plans shall
include the following:
a. Legal descriptions of the existing
lots and proposed lot line adjustment(s);
b. The location of all existing struc-
tures on the subject parcel(s), including dimen-
sioned setback information from all existing
and proposed lot lines and ingress/egress ease-
ments;
c. Locations of all existing
ingress/egress and utility easements;
d. Gross lot area for the original par-
cels and the proposed parcels (gross lot area
does not include any lot area devoted to vehic-
ular ingress/egress easements);
e. The existing zoning of the subject
parcel(s);
f. Location of all existing driveways
on the subject parcel(s); and
g. The lot lines of adjoining proper-
ties for a distance of at least 50 feet.
2. A title company certification which is
not more than 30 calendar days old containing:
a. A legal description of the total par-
cel(s) sought to be adjusted;
b. A list of those individuals, corpo-
rations, or other entities holding an ownership
interest in the parcel(s);
c. Any easements or restrictions
affecting the property(ies) with a description,
purpose and reference by auditor's file number
and/or recording number;
d. Any encumbrances on the prop-
erty; and
e. Any delinquent taxes or assess-
ments on the property.
E. Fee. The application fee shall be as set in
Chapter 15.00 ECDC.
F. Expiration. An application for a lot line
adjustment shall expire one year after a com-
plete application has been filed with the city.
An extension up to an additional year may be
granted by the Edmonds planning manager or
his/her designee upon a showing by the appli-
cation of reasonable cause.
G. Review. A certified determination of the
planning manager or his/her designee may be
appealed to the hearing examiner as a Type II
decision as set forth in Chapter 20.06 ECDC.
[Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1
(Exh. 1), 2017; Ord. 3736 § 63, 2009; Ord.
3211 § 1, 1998].
20.75.055 Lot combination.
A. Lot Combination Defined. A lot combi-
nation is the combination of two or more legal,
illegal, or nonconforming lots into one or more
lots, all of which comply with the provisions of
this code in effect at the time of said combina-
tion.
B. An application for lot combination shall
be signed for by all individuals or entities own -
(Revised 7/19) 20-80
Edmonds Community Development Code
20.75.060
ing an interest in the property. The application
fee shall be the same as the fee established for
lot line adjustments.
C. Lot combinations shall be approved as a
matter of right unless the development services
director finds that the combination of lots
would:
1. Not result in legal conforming lot;
and/or
2. Not be in compliance with the goals
and objectives of the city's comprehensive
plan. The director shall, as a part of his deci-
sion, determine whether or not the lots, as
combined, negatively impact compliance with
the city's urban density requirements as estab-
lished pursuant to the State Growth Manage-
ment Act, comprehensive plan and the
Snohomish County planning policies.
D. The director's decision shall be issued in
writing and shall be mailed to all properties
within 300 feet of the site. Appeal may be taken
from the director's decision within 10 working
days of mailing of the decision and posting
thereof in accordance with the provisions of
Chapter 20.06 ECDC. [Ord. 4154 § 4 (Att. C),
2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736
§ 64, 2009; Ord. 3296 § 2, 2000].
20.75.060 Required information on
preliminary plats.
A preliminary plat is a neat and approximate
drawing to scale of a proposed division of
land, showing the existing conditions and the
general proposed layouts of streets, lots and
other information needed to properly review
the proposal. The preliminary plat of a short
subdivision may be referred to as a short plat.
A preliminary plat shall be prepared by a pro-
fessional land surveyor registered in the state
of Washington. The scale used shall be suffi-
cient to show clearly all details of the proposal.
A scale of 50 feet to the inch is preferred; other
engineering scales may be used, if necessary.
Preliminary plats for formal subdivisions shall
not exceed a size of 24 inches by 36 inches.
Short plats shall be on an eight-and-one-half-
by-ll-inch page. The following information
shall be shown on the plat:
A. The name, if any, of the proposed subdi-
vision;
B. Sufficient description to define the loca-
tion and boundaries of the proposed subdivi-
sion;
C. Name, address, seal and signature of the
land surveyor who prepared the map;
D. A vicinity sketch;
E. Date prepared or revised, scale, north
point, quarter section, section, township and
range number;
F. Total acreage of the land to be divided,
and area in square feet of each proposed lot;
G. Existing zoning, and zoning boundaries,
if any;
H. Lot dimensions and numbers;
I. Setback lines required by the existing or
proposed zoning, if the proposed lot has an
unusual shape, steep topography, or other
unusual limitations on its building site;
I Any existing property lines within, or
adjacent to, the proposed subdivision, and the
names of the owners of adjacent property;
K. Contour lines in areas to be developed
shall be at five-foot intervals, or as specified
by the development services director. Ten -foot
intervals may be used in areas not to be devel-
oped. All contour lines shall be extended into
adjacent property a sufficient distance to show
the topographical relationship of adjacent
property to the proposed subdivision;
L. The location, name and width of all
existing and proposed street rights -of -way, or
easements within or adjacent to the proposed
subdivision, the grade or proposed streets and
the pavement location of existing and pro-
posed streets;
M. The location of all existing structures
within the proposed subdivision and within 25
feet of the proposed subdivision. Public area or
areas to be owned in common by the lot own-
ers, if any;
N. The location of tree -covered areas, with
the location of individual trees over eight
20-81 (Revised 7/19)
20.75.065
inches in diameter in areas as requested by the
development services director;
O. A preliminary grading plan or profile of
proposed roads if more than 500 cubic yards of
earth is to be removed;
P. A preliminary drainage proposal as spec-
ified in Chapter 18.30 ECDC, showing exist-
ing and proposed drainage facilities for the site
and the adjacent areas;
Q. A statement of improvements to be
installed;
R. The location of known or suspected soil
or geological hazard areas, water bodies,
creeks and areas subject to flooding;
S. Possible future lot lines if any is large
enough to allow future division;
T. Location of existing underground utility
lines, sewer and water mains adjacent to or
within the proposed subdivision;
U. Other information that may be required
by the development services director in order
to properly review the proposed subdivision,
including information needed to determine the
environmental impact of the proposal. [Ord.
4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh.
1), 2017; Ord. 3296 § 1, 2000. Formerly
20.75.055.].
20.75.065 Preliminary review.
A. Responsibility for Review. The devel-
opment services director, or a designated plan-
ning staff member, is in charge of
administering the preliminary review of all
subdivisions. The public works director and
the fire department, and other departments if
needed, shall participate in preliminary review
by appropriate recommendations on subjects
within their respective areas of expertise.
B. Notice of Hearing.
1. When the director of development
services has accepted a subdivision for filing,
he shall set a date of hearing, and give notice
of the hearing as provided in ECDC 20.03.003,
and by the following for a formal subdivision:
a. One publication in a newspaper of
general circulation within Snohomish County
pursuant to Chapter 1.03 ECC and posting
notice in three conspicuous places within 300
feet of any portion of the boundary of the pro-
posed formal subdivision not less than 10
working days prior to the hearing.
b. Mailing to a city if a proposed for-
mal subdivision is adjacent or within one mile
of the city's boundary, or the proposed subdi-
vision would use the utilities of the city.
c. Mailing to the county if a proposed
formal subdivision is adjacent to the city -
county boundary.
d. Mailing to the State Department of
Highways if a proposed formal subdivision is
adjacent to a state highway right-of-way.
e. The notice must include a legal
description and either a vicinity location
sketch or a location description in nonlegal
language.
C. Time Limits for Staff Review. Staff
review shall be completed within 120 days
from the date of filing.
D. Formal Subdivision Review. The hear-
ing examiner shall review a formal subdivision
as a Type III -A decision in accordance with
provisions of Chapter 20.06 ECDC.
E. Short Subdivisions — Staff Review. The
director of development services shall review
a short subdivision as a Type II decision (Staff
decision — Notice required).
F. Appeal of Staff Decision. Any person
may appeal to the hearing examiner a Type II
decision of the development services director
on a short subdivision under the procedure set
forth in Chapter 20.06 ECDC. [Ord. 4154 § 4
(Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017;
Ord. 3817 § 12, 2010; Ord. 3783 § 12, 2010;
Ord. 3775 § 12, 2010; Ord. 3736 § 65, 2009;
Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18,
19, 1996; Ord. 2379 § 2, 1983].
20.75.070 Formal subdivision — Time
limit.
The city shall make its final decision on a
proposed formal subdivision within 90 days of
the date of filing, unless the applicant agrees to
extend the time. Where applicable, additional
time needed to prepare and circulate an envi-
(Revised 7/19) 20-82
Edmonds Community Development Code
20.75.085
ronmental impact statement shall not be
included within said 90 days. [Ord. 4154 § 4
(Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017;
Ord. 3783 § 13, 2010; Ord. 3775 § 13, 2010].
20.75.075 Modifications.
A. Request. Request for a modification to a
requirement of this chapter shall be made on
the regular subdivision application form. The
applicant shall state reasons to support the
approval of the requested modification.
B. Notice. The notice of the public hearing
at which the applicant's proposed subdivision
will be considered shall contain a description
of the proposed modification.
C. Consideration. The proposed modifica-
tion shall be considered in the same manner as
the proposed subdivision. The modification
may be approved, or recommended for
approval, only if all of the required findings set
forth in Chapter 20.85 ECDC (Variances) can
be made. [Ord. 4154 § 4 (Att. C), 2019; Ord.
4070 § 1 (Exh. 1), 2017; Ord. 3211 § 6, 1998].
20.75.080 General findings.
A proposed subdivision may be approved
only if all of the following general findings can
be made for the proposal, as approved or as
conditionally approved:
A. Subdivision Ordinance. The proposal is
consistent with the purposes of this chapter (as
listed in ECDC 20.75.020) and meets all
requirements of this chapter.
B. Comprehensive Plan. The proposal is
consistent with the provisions of the Edmonds
Comprehensive Plan, or other adopted city
policy, and is in the public interest.
C. Zoning Ordinance. The proposal meets
all requirements of the zoning ordinance, or a
modification has been approved as provided
for in this chapter.
D. Floodplain Management. The proposal
meets all requirements of the Edmonds Com-
munity Development Code relating to flood -
plain management. [Ord. 4154 § 4 (Att. C),
2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 2466,
1984].
20.75.085 Review criteria.
The following criteria shall be used to
review proposed subdivisions:
A. Environmental.
1. Where environmental resources exist,
such as trees, streams, ravines or wildlife hab-
itats, the proposal shall be designed to mini-
mize significant adverse impacts to the
resources. Permanent restrictions may be
imposed on the proposal to avoid impact.
2. The proposal shall be designed to
minimize grading by using shared driveways
and by relating street, house site and lot place-
ment to the existing topography.
3. Where conditions exist which could
be hazardous to the future residents of the land
to be divided, or to nearby residents or prop-
erty, such as floodplains, steep slopes or unsta-
ble soil or geologic conditions, a subdivision
of the hazardous land shall be denied unless
the condition can be permanently corrected,
consistent with subsections (A)(1) and (2) of
this section.
4. The proposal shall be designed to
minimize off -site impacts on drainage, views
and so forth.
B. Lot and Street Layout.
1. Lots shall be designed to contain a
usable building area. If the building area would
be difficult to develop, the lot shall be rede-
signed or eliminated, unless special conditions
can be imposed on the approval which will
ensure that the lot is developed properly.
2. Lots shall not front on highways, arte-
rials or collector streets unless there is no other
feasible access. Special access provisions,
such as shared driveways, turnarounds or
frontage streets may be required to minimize
traffic hazards.
3. Each lot shall meet the applicable
dimensional requirements of the zoning ordi-
nance.
4. Pedestrian walks or bicycle paths
shall be provided to serve schools, parks, pub-
lic facilities, shorelines and streams where
street access is not adequate.
20-83 (Revised 7/19)
20.75.090
C. Dedications.
1. The city may require dedication of
land in the proposed subdivision for public
use.
2. Only the city council may approve a
dedication of park land to satisfy the require-
ments of ECDC 20.75.090. The council may
request a review and written recommendation
from the planning advisory board.
3. Any approval of a subdivision shall
be conditioned on appropriate dedication of
land for streets, including those on the official
street map and the preliminary plat.
D. Improvements.
1. Improvements which may be re-
quired, but are not limited to, streets, curbs, pe-
destrian walks and bicycle paths, sidewalks,
street landscaping, water lines, sewage sys-
tems, drainage systems and underground utili-
ties.
2. The person or body approving a sub-
division shall determine the improvements
necessary to meet the purposes and require-
ments of this chapter, and the requirements of:
a. ECDC Title 18, Public Works
Requirements;
b. Chapter 19.25 ECDC, Fire Code,
as to fire hydrants, water supply and access.
This determination shall be based on the
recommendations of the development services
director, the public works director, and the fire
chief.
3. The use of septic systems may be
approved if all of the following conditions are
met:
a. It is more than 200 feet, multiplied
by the number of lots in the proposed subdivi-
sion, from the nearest public sewer main to the
nearest boundary of the land to be divided.
b. The land to be divided is zoned
RS-20.
c. The public works director and city
health officer determine that soil, drainage and
slope conditions are satisfactory for septic use
and that all requirements of WAC 248-96-090
are met.
E. Floodplain Management. All subdivi-
sion proposals shall comply with the criteria
set forth in the Edmonds Community Develop-
ment Code for floodplain management. [Ord.
4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh.
1), 2017; Ord. 3211 § 7, 1998; Ord. 2466,
1984].
20.75.090 Park land dedication.
A. Dedication or In -Lieu of Fee Required.
Before or concurrent with the approval of the
final plat of any subdivision, the subdivider
shall dedicate land, pay a fee in -lieu of dedica-
tion, or do a combination of both, for park and
recreational purposes.
B. Proposal of Dedication. Either the appli-
cant or the city may propose dedication of a
portion of the land to be divided in order to
meet the regulations of this section. Payment
of in -lieu fees is required unless dedication is
proposed and approved.
C. Review of Dedications. Dedication pro-
posals shall be reviewed at the same time as
the subdivision proposal. Any short subdivi-
sion containing a dedication proposal shall be
reviewed as if it were a formal subdivision.
D. Factors for Review. Dedication propos-
als shall be reviewed for consistency with the
Comprehensive Plan, the Comprehensive
Parks and Recreation Plan, and the Recre-
ational Walks Plan. Other factors to be consid-
ered include size, usability and accessibility of
the land proposed for dedication, and the pos-
sibility of coordinating dedication by owners
of adjacent land.
E. In -Lieu Fee. In -lieu park fees shall be as
set in Chapter 15.00 ECDC. [Ord. 4154 § 4
(Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017].
20.75.100 Preliminary approval — Time
limit.
A. Approval of a preliminary plat shall
expire and have no further validity at the end
of the time period established under RCW
58.17.140, unless the applicant has acquired
final plat approval prior to the expiration date
established under RCW 58.17.140. The time
(Revised 7/19) 20-84
Edmonds Community Development Code
20.75.130
period for subdivisions shall commence upon
the date of preliminary plat approval by the
issuance of a written decision by the Edmonds
hearing examiner. In the event that the deci-
sion of the hearing examiner is appealed to
Snohomish County superior court, the time
period shall commence upon the date of final
confirmation of the preliminary plat decision
by the judiciary.
B. Approval of a short plat shall expire and
have no further validity at the end of five years,
unless the applicant has acquired final short
plat approval within the specified time period.
The time period for short plats shall commence
upon the issuance of a final, written staff deci-
sion. In the event that the decision of staff is
appealed to the Edmonds hearing examiner
and/or Snohomish County superior court, the
time period shall commence upon the date of
final confirmation of the preliminary short plat
decision by the hearing examiner or judiciary.
[Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1
(Exh. 1), 2017; Ord. 3925 § 1, 2013].
20.75.105 Extensions of time.
Repealed by Ord. 3190. [Ord. 2379 § 4,
1983].
20.75.107 Preliminary approval — Time
limit extension for previously
approved short plats.
Repealed by Ord. 4154. [Ord. 4070 § 1(Exh.
1), 2017; Ord. 3925 § 2, 2013].
20.75.110 Changes.
A. Preliminary Plats. The development ser-
vices director may approve as a Type I deci-
sion minor changes to an approved
preliminary plat, or its conditions of approval.
If the proposal involves additional lots, rear-
rangements of lots or roads, additional impacts
to surrounding property, or other major
changes, the proposal shall be reviewed in the
same manner as the original application.
Application fees shall be as set in Chapter
15.00 ECDC.
B. Recorded Final Plats. An application to
change a final plat that has been filed for
record shall be processed in the same manner
as a new application. This section does not
apply to affidavits of correction. [Ord. 4154
§ 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1),
2017; Ord. 3736 § 66, 2009].
20.75.120 Review of improvement plans.
A. Timing. If improvements are required as
a condition of preliminary approval of a subdi-
vision, the applicant shall submit the improve-
ment plan to the director of public works for
review and approval, allowing sufficient time
for proper review before expiration of the pre-
liminary plat approval.
B. Engineered Design. All improvement
plans shall be prepared, dated, signed and
sealed by a licensed engineer registered in the
state of Washington, unless the public works
director determines that engineer plans are not
necessary. [Ord. 4154 § 4 (Att. C), 2019; Ord.
4070 § 1 (Exh. 1), 2017].
20.75.130 Installation of improvements.
A. Timing and Inspection Fee. The appli-
cant shall not begin installation of improve-
ments until the public works director has
approved the improvement plans, the public
works director and the applicant have agreed
in writing on a time schedule for installation of
the improvements, and the applicant has paid
an inspection fee, as set in Chapter 15.00
ECDC.
B. Completion — Bonding. The applicant
shall either complete the improvements before
the final plat is submitted for city approval, or
the applicant shall post a bond or other suitable
surety to guarantee the completion of the
improvements within one year of the approval
of the final plat. The bond or surety shall be
based on the construction cost of the improve-
ment as determined by the director of public
works, and shall be processed as provided in
Chapter 17.10 ECDC.
20-85 (Revised 7/19)
20.75.135
C. Acceptance — Maintenance Bond. The
director of public works shall not accept the
improvements for the city of Edmonds until
the improvements have been inspected and
found satisfactory, and the applicant has
posted a bond or surety for 15 percent of the
construction cost to guarantee against defects
of workmanship and materials for two years
from the date of acceptance.
D. Short Subdivision — Deferred Installa-
tion. If the development services director
determines that installation of improvements
will not be needed at the time of the approval
of the final plat of the short subdivision, the
improvements shall be installed or guaranteed
by bond before issuance of any development
permit for any lot shown on the preliminary
plat. This condition shall be stated on the final
plat, and shall be binding on all later owners of
lots created by the subdivision. [Ord. 4154 § 4
(Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017].
20.75.135 Preparation of final plat.
A final plat is a final, precise drawing of a
subdivision which conforms to the approved
preliminary plat, and meets all conditions of
the preliminary approval and all requirements
of this chapter. It shall be prepared in accor-
dance with the following:
A. Surveyor. A professional land surveyor
registered in the state of Washington shall pre-
pare, or supervise the preparation of, the final
plat.
B. Survey. The surveyor shall survey the
land to be divided, and as much of the sec-
tion(s) in which the land is located as is needed
to properly orient the land within the sec-
tion(s).
C. Monuments. The surveyor shall set
monuments at street intersections, lot and
block corners, boundary angle points, points of
curbs in streets, controlling corners on the
boundaries of the land, and other points as
required by the public works director. The type
of monuments and the method of setting shall
be as specified by the public works director.
D. Standards. The public works director
shall set standards for the preparation of final
plats. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070
§ 1 (Exh. 1), 2017].
20.75.140 Final plat — Required
certificates.
The following certificates shall be shown on
the final plat. Subsections (A) through (G) of
this section shall be signed by the indicated
person before the final plat is submitted for
review. Subsection (G) of this section is
required for formal subdivision only.
A. Surveyor. The surveyor shall place his
seal and signature on the plat along with:
1. A statement certifying that the plat
was prepared by him, or under his supervision;
2. A statement certifying that the plat is
a true and correct representation of the land
surveyed;
3. A full and correct description of the
land to be divided.
B. Owner. The owner shall certify that the
subdivision has been made with his free con-
sent and according to his desires. Owners of
other interests shown on the title report shall
certify that they have notice of the subdivision.
C. Dedications. A certificate of dedication
by the owner for all areas to be dedicated to the
public, acknowledged by a notary.
D. Waiver of Claims. A statement by the
owner waiving all claims for damages against
any governmental authority which may arise
from the construction, drainage and mainte-
nance of required improvements.
E. Waiver of Access. If required by the
conditions of the preliminary approval, a
waiver by the owner of direct access to any
street from any property.
F. Roads Not Dedicated. A statement or
other clear indication by the owner if any street
is not to be dedicated to the public.
G. Health Officer. A statement by the city
of Edmonds health officer certifying that the
proposed means of sewage disposal and water
supply are adequate.
(Revised 7/19) 20-86
Edmonds Community Development Code
20.75.155
H. Director of Public Works. The following
statements to be signed by the director of pub-
lic works:
1. A statement approving the survey
date, the layout of streets, alleys and other
rights -of -way, design of bridges, sewage and
water system and other structures; and approv-
ing the final plat or short subdivision.
I. Development Services Director. The fol-
lowing statements to be signed by the develop-
ment services director:
1. A statement that the final plat con-
forms to the approved preliminary plat and all
conditions of the preliminary approval; and
approving the final plat or shore subdivision.
J. Repealed by Ord. 4154.
K. Taxes. A statement to be signed by the
county treasurer that all taxes and delinquent
assessments for which the land to be divided
may be liable as of the date of the signing of
the statement have been paid. [Ord. 4154 § 4
(Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017].
20.75.145 Final plat — Accompanying
material.
The following material shall be submitted to
the director of public works with the final plat:
A. Review Fee. A review fee for the final
plat as set in Chapter 15.00 ECDC shall be
paid for each check or recheck of the final plat.
B. Survey Notes. Complete field and com-
putation notes of the plat survey showing the
original or reestablished corners with descrip-
tions and the actual traverse showing error of
closure and method of balancing. A sketch
showing all distances, angles and calculations
required to determine corners and distances of
the plat shall accompany this data. The allow-
able error of closure shall not exceed one foot
in 5,000 feet.
C. Title Report. A title report showing that
ownership and other interests in the land
described and shown on the final plat is in the
name of the person signing the owner's certif-
icate. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070
§ 1 (Exh. 1), 2017].
20.75.150 Waiver of survey.
The director of public works may waive the
requirement of a survey for the final plat in the
following circumstances if there will be no
adverse effect on the public interest: if the
boundaries of the lot proposed for short subdi-
vision have sufficient existing monuments to
define the proposed lot lines.
If the director of public works waives the
survey requirements, the applicant shall pre-
pare a final plat that meets all other require-
ments of this chapter and which contains legal
descriptions of each proposed lot. [Ord. 4154
§ 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1),
2017; Ord. 3211 § 9, 1998].
20.75.155 Review of final plat.
A. Submission. The applicant may not file
the final plat for review until the required
improvement plans have been submitted for
approval to the director of public works.
B. Time Limit. A final plat shall be
approved, disapproved or returned to the appli-
cant for correction within 30 days of its official
filing with the director of public works for
review, unless the applicant agrees to extend
the time limit. This time period shall not
include required environmental review.
C. Staff Review. The director of public
works and the development services director
shall conduct an administrative review of the
final plat and either sign the statements
required by ECDC 20.75.140, if all require-
ments of this chapter have been met, or disap-
prove such action, stating their reasons in
writing. Such administrative action shall be
final subject only to right of appeal to the Sno-
homish County superior court.
D. Acceptance of Dedication. Dedication
of any interest in property contained in an
approval of the formal subdivision shall be for-
warded to the city council for formal accep-
tance on its consent agent; provided, however,
that such acceptance shall not stay any
approval, time period for appeal or the effec-
tive date of the formal subdivision. City
approval of the final plat constitutes accep-
20-87 (Revised 7/19)
20.75.158
tance of all dedication shown on the final plat.
[Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1
(Exh. 1), 2017; Ord. 3736 § 67, 2009; Ord.
2991 § 1, 1994].
20.75.158 Short plat — Staff review.
Repealed by Ord. 4154. [Ord. 4070 § 1(Exh.
1), 2017; Ord. 3736 § 68, 2009; Ord. 3211
§ 10, 1998; Ord. 2991 § 1, 1994].
20.75.160 Final plat — Filing for record.
The city clerk shall file the final plat or short
plat for record with the county auditor, and
arrange for a reproducible copy to be sent to
the public works department and the applicant
and a paper copy to be sent to the county asses-
sor and the development services department.
The plat or short plat shall not be considered
"approved" until so filed with the county audi-
tor. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070
§ 1 (Exh. 1), 2017].
20.75.165 Effect of rezones.
The owner of any lot in a final plat filed for
record shall be entitled to use the lot for the
purposes allowed under the zoning in effect at
the time of filing for five years from the date of
filing the final plat for record, even if the prop-
erty is rezoned; provided, that all requirements
of the community development code, other
than lot area, are met. [Ord. 4154 § 4 (Att. C),
2019; Ord. 4070 § 1 (Exh. 1), 2017].
20.75.170 Further division — Short
subdivisions.
A further division of any lot created by a
short subdivision shall be reviewed as and
meet the requirements of this chapter for for-
mal subdivision if the further division is pro-
posed within five years from the date the final
plat was filed for record; provided, however,
that when a short plat contains fewer than four
parcels, nothing in this section shall be inter-
preted to prevent the owner, who filed the orig-
inal short plat, from filing a revision thereof
within the five-year period in order to create up
to a total of four lots within the original short
subdivision boundaries. [Ord. 4154 § 4 (Att.
C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord.
2623 § 1, 1987].
20.75.175 Court review.
Any decision approving or disapproving
any plat or short plat shall be reviewable for
unlawful, arbitrary, capricious or corrupt
action or nonaction by writ of review before
the Superior Court of Snohomish County. The
action may be brought by any property owner
in the city, who deems himself or herself
aggrieved thereby; provided, that application
for a writ of review shall be made to the court
within 30 days from any decision so to be
reviewed. The cost of transcription of all
records ordered certified by the court for such
review shall be borne by the appellant. [Ord.
4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh.
1), 2017].
20.75.180 Development of lots not divided
according to this chapter.
No building permit, septic tank permit or
other development permit shall be issued for
any lot unless: (1) the subject property is a lot
of record as defined in ECDC 21.55.015; or (2)
the property owner is determined to be an
innocent purchaser in accordance with subsec-
tion (A) of this section. Where this section
authorizes a lot to be developed even though
such lot does not meet the definition for "lot of
record" in ECDC 21.55.015, any development
on said lot shall comply with the city's devel-
opment regulations, including any applicable
development regulations regarding noncon-
forming lots.
A. "Lot of Record" Status for Innocent Pur-
chasers. An owner of property may obtain "lot
of record" status for a parcel that does not meet
the "lot of record" definition. To obtain this
status, the applicant must submit an affidavit
with sufficient supporting documentation to
demonstrate that:
1. The applicant did not have actual
notice regarding the subdivision of the prop-
erty in question. If the applicant had knowl-
(Revised 7/19) 20-88
Edmonds Community Development Code
20.80.020
edge of the subdivision (e.g., knowledge that
two parcels in question were once part of the
same parcel), but not of its illegality, the inno-
cent purchase status may not be granted;
2. The purchase price of the parcel is
consistent with an arm's length transaction;
3. The owner did not purchase the prop-
erty from a relative;
4. At the time of purchase, there was
some existing deed, record or survey showing
the subject parcel as a separate lot; and
5. The parcel had a separate tax ID par-
cel number prior to the purchase of the prop-
erty by the applicant.
B. The innocent purchaser status may be
approved subject to conditions of approval
requiring the applicant to make improvements
to the property that would likely have been
required by the city had the property been
properly subdivided, unless it is determined
that such improvements have already been
constructed.
C. An affirmative determination of inno-
cent purchaser and "lot of record" status shall
be recorded with the county auditor. [Ord.
4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh.
1), 2017; Ord. 3982 § 3, 2014].
20.75.185 Penalties.
Any person who violates any provision of
this chapter relating to the sale, offer for sale,
lease or transfer of any lot is guilty of a misde-
meanor and subject to the penalties of ECC
5.50.020. Each sale, offer for sale, lease or
transfer of each separate lot in violation of any
provision of this chapter shall be deemed a
separate and distinct offense. In addition to
these criminal sanctions, the city shall have the
right to bring an action to restrain and enjoin
any subdivision, sale or transfer, compel com-
pliance with the provisions of this chapter and
obtain other injunctive relief. The costs of such
action shall be paid by the violator and shall
include the city attorney's fees. [Ord. 4154 § 4
(Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017].
Chapter 20.80
TEXT AND MAP CHANGES
Sections:
20.80.000 Scope.
20.80.010 Procedural and nonzoning related
changes.
20.80.020 Zoning and planning changes.
20.80.000 Scope.
This chapter sets forth the procedure for
amendment to the text and any applicable
maps adopted by and within the community
development code, but does not apply to other
chapters of the Edmonds City Code. Because
various provisions of the community develop-
ment code are adopted under different state
regulations, this chapter is divided into two
basic divisions as set forth below.
20.80.010 Procedural and nonzoning
related changes.
Amendments to the following text materials
(and where applicable, maps and other incor-
porated codes or codifications within them)
shall be reviewed and made by the city council
and may be adopted in the same manner as any
other ordinances. The city council may refer a
proposal to the planning advisory board, or
other board, commission, committee, staff, or
other ad hoc group for its or their nonbinding
recommendations.
A. ECDC 15.00.020, Application Fees;
B. ECDC Title 18, Public Works Require-
ments, except Chapter 18.50, Official Street
Map;
C. ECDC Title 19, Building Codes;
D. Chapter 20.15A ECDC, Environmental
Review (SEPA);
E. Chapter 20.70 ECDC, Street Vacations.
20.80.020 Zoning and planning changes.
A. Review. Amendments to the following
text materials (and where applicable, maps and
other incorporated codes or codifications
within them) before amendment by the city
20-89 (Revised 7/19)
20.85.000
council shall first be reviewed by the planning
advisory board as a Type V decision using the
purposes and criteria set forth in the applicable
chapters as the basis for its review and recom-
mendations:
1. ECDC Title 15, Land Use Plans and
Policies, except application and permit fees.
2. ECDC Title 16, Zone Districts.
3. ECDC Title 17, General Zoning Reg-
ulations.
4. ECDC Title 20, Review Criteria and
Procedures, excluding:
a. Chapter 20.15A ECDC, Environ-
mental Review (SEPA);
b. Chapter 20.70 ECDC, Street Vaca-
tions.
5. Chapter 18.50 ECDC, Official Street
Map.
B. Notice. See ECDC 20.03.003.
C. When the city council, in its discretion,
deems it appropriate to adopt pre -annexation
zoning comparable to that in effect in Snohom-
ish County for a proposed annexation area, the
procedural and notice requirements of RCW
35A.14.340 shall control over the provisions
of this chapter and Chapter 20.03 ECDC. In
the event that the city council determines it
appropriate to zone property proposed for
annexation to the city in a category which is
not comparable to zoning in effect in Snohom-
ish County, the provisions of this chapter and
Chapter 20.03 ECDC shall apply. Any change
to pre -annexation zoning proposed after
annexation to the city shall also comply with
the provisions of this chapter and Chapter
20.03 ECDC. [Ord. 3817 §§ 13, 14, 2010; Ord.
3736 § 69, 2009; Ord. 3112 § 20, 1996; Ord.
3080 § 1, 1996].
Chapter 20.85
VARIANCES
Sections:
20.85.000
Scope.
20.85.010
Findings.
20.85.020
General requirements.
20.85.000 Scope.
A variance to any requirement of the zoning
ordinance (ECDC Titles 16 and 17) except use
and procedural requirements may be approved
when the findings required by this chapter can
be made.
20.85.010 Findings.
No variance may be approved unless all of
the findings in this section can be made.
A. Special Circumstances. That, because of
special circumstances relating to the property,
the strict enforcement of the zoning ordinance
would deprive the owner of use rights and
privileges permitted to other properties in the
vicinity with the same zoning.
1. Special circumstances include the
size, shape, topography, location or surround-
ings of the property, public necessity as of pub-
lic structures and uses as set forth in ECDC
17.00.030 and environmental factors such as
vegetation, streams, ponds and wildlife habi-
tats.
2. Special circumstances should not be
predicated upon any factor personal to the
owner such as age or disability, extra expense
which may be necessary to comply with the
zoning ordinance, the ability to secure a scenic
view, the ability to make more profitable use
of the property, nor any factor resulting from
the action of the owner or any past owner of
the same property;
B. Special Privilege. That the approval of
the variance would not be a grant of special
privilege to the property in comparison with
the limitations upon other properties in the
vicinity with the same zoning;
(Revised 7/19) 20-90
Edmonds Community Development Code
20.85.020
C. Comprehensive Plan. That the approval
of the variance will be consistent with the com-
prehensive plan;
D. Zoning Ordinance. That the approval of
the variance will be consistent with the pur-
poses of the zoning ordinance and the zone dis-
trict in which the property is located;
E. Not Detrimental. That the variance as
approved or conditionally approved will not be
significantly detrimental to the public health,
safety and welfare or injurious to the property
or improvements in the vicinity and same
zone;
F. Minimum Variance. That the approved
variance is the minimum necessary to allow
the owner the rights enjoyed by other proper-
ties in the vicinity with the same zoning.
20.85.020 General requirements.
A. Review. The hearing examiner shall
review variances as Type III-B decisions in
accordance with provisions of Chapter 20.06
ECDC.
B. Appeals. The hearing examiner deci-
sions on variance shall be appealable to the
city council in accordance with Chapter 20.06
ECDC.
C. Time Limit. The approved variance
must be acted on by the owner within one year
from the date of approval or the variance shall
expire and be null and void, unless the owner
files an application for an extension of time
before the expiration and the city approves the
application.
D. Review of Extension Application. An
application for an extension of time shall be
reviewed by the community development
director as a Type II decision (Staff decision —
Notice required).
E. Location. A variance applies only to the
property for which it has been approved and
may not be transferred to any other property.
[Ord. 4154 § 23 (Att. D), 2019; Ord. 3783
§ 14, 2010; Ord. 3775 § 14, 2010; Ord. 3736
§ 70, 2009].
Chapter 20.90
APPLICATION PROCESS
(Repealed by Ord. 3736)
Chapter 20.91
PUBLIC HEARINGS AND NOTICE
(Repealed by Ord. 3736)
Chapter 20.95
APPLICATION AND STAFF REVIEW
(Repealed by Ord. 3736)
20-91 (Revised 7/19)
20.100.000
Chapter 20.100
MISCELLANEOUS REVIEW
Sections:
20.100.000 —
20.100.020
20.100.030
20.100.040
20.100.050
Repealed.
Expired.
Repealed.
Forest Practices Act
moratorium.
20.100.000 Scope.
Repealed by Ord. 3736. [Ord. 3112 § 26,
1996].
20.100.010 Hearing examiner review.
Repealed by Ord. 3736. [Ord. 3465 § 3,
2003; Ord. 3112 § 27, 1996; Ord. 2616 § 1,
1987].
20.100.020 Planning advisory board
review.
Repealed by Ord. 3736. [Ord. 3091 § 1,
1996].
20.100.030 Return of appeal fee.
Expired. [Ord. 3783 § 16, 2010].
20.100.040 Review of approved permits.
Repealed by Ord. 4154. [Ord. 3112 § 29,
1996].
20.100.050 Forest Practices Act
moratorium.
When the city has been notified by the
Washington State Department of Natural
Resources (hereinafter DNR) that a violation
of the Forest Practices Act has occurred, pur-
suant to the requirements of RCW 79.09.060,
the city, by the director of development ser-
vices, shall impose a six -year moratorium on
that portion of the property or project which
has been converted from forest use, as such
term is defined by statute or the order of DNR.
The moratorium may be conditioned in order
to preserve public safety and prevent further
environmental damage.
A. The owner of the property or permittee
impacted by the moratorium or any property
owner within 300 feet of the site:
1. May appeal the nature and extent of
the moratorium as a staff decision pursuant to
the provisions of ECDC 20.105.010(A); or
2. May apply to the director at any time
during the six -year period for a lifting of the
moratorium. The moratorium shall be lifted
only upon a showing by the owner or permittee
that all significant issues identified by the
director relating to safety, aesthetics, the viola-
tion of any city permit condition of approval
and any violation of city code will be fully mit-
igated by the action of the permittee. In the
event that any issue has not been fully miti-
gated, the lifting of the moratorium may be
conditioned upon the future satisfaction of
conditions or by a bond or other surety
designed to mitigate the negative impacts of
the applicant's actions and/or violations. The
director's review shall be processed pursuant
to ECDC 20.95.050 and may be appealed pur-
suant to ECDC 20.105.010(A).
B. In the event that the city has initiated a
review of an approved permit pursuant to the
provisions of this section, the procedures in
subsection (A) of this section shall not apply
and a hearing regarding whether, and under
what conditions, a moratorium may be lifted,
shall be consolidated with a hearing under
ECDC 20.100.040. [Ord. 3504 § 1, 2004].
(Revised 7/19) 20-92
Edmonds Community Development Code
20.110.020
Chapter 20.105
APPEALS AND COURT REVIEW
(Repealed by Ord. 3736)
Chapter 20.110
CIVIL VIOLATION — ENFORCEMENT
PROCEDURE
Sections:
20.110.010
Purpose.
20.110.020
Definition section.
20.110.030
Repealed.
20.110.040
Enforcement procedures.
20.110.045
Suspension or revocation of
permit.
20.110.050
Repealed.
20.110.010 Purpose.
The purpose of this chapter is to establish an
efficient system of enforcing the Edmonds
Community Development Code and such
other city regulations as may adopt the proce-
dures set forth herein by reference; to provide
an opportunity for a prompt hearing and deci-
sion regarding alleged violations; to establish
monetary penalties; and to provide for abate-
ment of uncorrected violations. This chapter
shall coordinate with Chapter 6.20 ECC,
Chapter 8.50 ECC and such other code provi-
sions as may expressly or by implication uti-
lize the enforcement procedures set forth
herein. [Ord. 3720 § 7, 2008; Ord. 2934 § 1,
1993].
20.110.020 Definition section.
A. "City" means the city of Edmonds,
Washington.
B. "Civil violation" means a violation of a
provision of the Edmonds Community Devel-
opment Code for which a monetary penalty
may be imposed under this chapter. Each day
or portion of a day during which a violation
occurs or exists is a separate violation.
C. "Person" means any natural person, any
corporation, or any unincorporated association
or partnership. [Ord. 3720 § 8, 2008; Ord. 2934
§ 1, 1993].
20-93 (Revised 7/19)
20.110.030
20.110.030 Nuisance section.
Repealed by Ord. 3720. [Ord. 3663 § 2,
2007; Ord. 3242 § 2,1999; Ord. 3130 § 1, 1997;
Ord. 2934 § 1, 1993; Ord. 2913 § 2, 1993].
20.110.040 Enforcement procedures.
A. Order to Correct Violation.
1. Issuance. Whenever the community
services director or his/her designee becomes
aware that a violation has occurred or is occur-
ring, he/she may issue an order to correct vio-
lation to the property owner or to any person
causing, allowing or participating in the viola-
tion.
2. Content. The community services
director or his/her designee shall include the
following in the order to correct violation:
a. Name and address of the property
owner or other person to whom the order to
correct violation is directed; and
b. The location of the subject prop-
erty by address or other description sufficient
for identification of the building, structure,
premises or land upon or within which the vio-
lation has occurred or is occurring; and
c. The code section that has been vio-
lated; and
d. A description of the violation; and
e. A statement of action required to
be taken to correct the violation; and
f. Date by which compliance is
required to avoid monetary penalties. This date
will be no less than 24 hours from the date and
time that the notice is posed on the property or
no less than three days from the date that the
letter is placed in U.S. Mail; and
g. Statement that a monetary penalty
in an amount per day for each violation shall be
assessed against the person to whom the order
to correct violation is directed for each and
every day or portion of a day on which the vio-
lation continues following the administrative
hearing.
3. Service of Order. The community ser-
vices director or his/her designee shall serve
the order to correct violation upon the person
to whom it is directed, either by sending a copy
by U.S. Mail to the last known address of the
person responsible for the violation, or by
posting a copy conspicuously on the site or by
serving a copy of the notice personally on the
person responsible for the violation.
B. Notice of Civil Violation.
1. Issuance. If the person responsible for
the violation fails to correct or cause the cor-
rection of the violation within the time given
by the order to correct the violation, a notice of
civil violation will be issued to each person to
whom the order to correct violation directed.
2. Issuance in an Emergency or for
Repeat Violations. The community services
director or his/her designee may issue a notice
of civil violation without having issued an
order to correct where an emergency exists or
a repeated violation occurs.
3. Content. The applicable department
director or his/her designee shall include the
following in the notice of civil violation:
a. The name and address of the prop-
erty owner or the person to whom the notice is
directed; and
b. The location of the subject prop-
erty by address or other description sufficient
for the identification of the subject property;
and
c. The code section that has been vio-
lated; and
d. A description of the violation; and
e. A statement that a monetary pen-
alty in an amount per day is assessed against
the person to whom the violation is directed for
each and every day or portion of a day during
which the violation continues; and
f. Date by which compliance is
required to avoid abatement by the city. This
date will be no less than 10 days from the date
of the notice to correct violation; and
g. A statement that the person to
whom the notice of civil violation is directed
must correct the violation and may pay the
monetary penalty imposed to the city of
Edmonds planning division or may appeal the
notice of civil violation to the city of Edmonds
hearing examiner.
(Revised 7/19) 20-94
Edmonds Community Development Code
20.110.040
4. Service of Notice. The community
services director or his/her designee shall
serve the notice of civil violation upon the per-
son to whom it is directed, either by sending a
copy by U.S. Mail to the last known address of
the person responsible for the violation, or by
posting a copy conspicuously on the site or by
serving a copy of the notice personally on the
person responsible for the violation.
C. Appeal to Hearing Examiner.
1. General. A person to whom the notice
of civil violation is directed may appeal the
notice of civil violation by filing a written
notice of appeal with the community services
director within 10 days of the date the notice is
placed in the mail, or seven days from the date
the notice is posted conspicuously on the prop-
erty or served personally on the person respon-
sible for the violation.
2. Notice of Hearing. Notice of hearing
will be sent by mail, posted on the site, or
served in person upon the violating party no
less than five calendar days before the time
fixed for the hearing.
3. Hearing by City Violations Hearing
Examiner.
a. At the time stated in the notice, the
violations hearing examiner will hear all rele-
vant objections, protests and shall receive tes-
timony under oath. Said hearings may be
continued from time to time. If continued to a
date certain, no new posting is required.
b. If the violations hearing examiner
finds that a violation of the Edmonds Commu-
nity Development Code exists and that there is
sufficient cause to abate the same, the hearing
examiner will prepare findings and an order
within 24 hours which shall specify:
i. The nature of the violation; and
ii. The amount of fine per day; and
iii. The method of abatement; and
iv. The time by which abatement
is to be completed.
D. Appeal to Superior Court. The determi-
nation of the hearing examiner is final and
shall be appealable to superior court in accor-
dance with Chapter 36.70C RCW.
E. Abatement by the City. If the violation
has not been corrected by the time ordered by
the violations hearing examiner, or by the cor-
rection date ordered by the notice of civil vio-
lation, an abatement notice shall be sent by
mail to the person responsible for the violation
at their last known address, shall be posted in a
conspicuous location on the site or served per-
sonally on the person responsible for the viola-
tion no less than 10 working days prior to
abatement by the city. The city, its employees
or agents are expressly authorized to enter said
property for the purposes of abatement of said
violation. The actual cost of abatement,
including any incidental cost such as, but not
limited to: staff time; legal costs; cost of post-
age or service; and any other reasonable, inci-
dental cost shall be calculated and added to the
monetary penalties. The city shall be free to
employ appropriate contractors to remedy the
situation and may pass through all costs of
such contractors as incidental costs of abate-
ment.
F. Monetary Penalties. Except where a dif-
ferent penalty is specifically established by
this code, violations shall be assessed at the
rate of $100.00 per day or a portion of day
thereof, for each and every day after the ser-
vice of the notice of civil violation. The viola-
tions hearing examiner may also grant an
extension of the date upon which fines begin in
order to allow for a reasonable period of abate-
ment. Such extension shall not exceed 10 cal-
endar days. Following a finding of the hearing
examiner of the existence of a violation at the
appeal hearing on the expiration of the appeal
period, continuing fines may be assessed by
the provision of additional notice of civil vio-
lation pursuant to subsection (13)(2) of this sec-
tion and an opportunity for hearing. No
additional fine for a continuing violation may
be assessed without the provision of notice and
the opportunity for a hearing.
G. Collection of Monetary Penalties. The
monetary penalties constitute a personal obli-
gation of the persons to whom the order to cor-
rect is directed. Any monetary penalty must be
20-95 (Revised 7/19)
20.110.045
paid to the city of Edmonds planning division
within 10 working days from the date of ser-
vice of the hearing examiner order or as
ordered by superior court if the hearing exam-
iner's decision is appealed. [Ord. 3827 §§ 1, 2,
2010; Ord. 3795 §§ 1, 3, 2010; Ord. 3779 § 1,
2010; Ord. 3242 § 3, 1999; Ord. 2934 § 1,
1993; Ord. 2913 § 3, 1993].
20.110.045 Suspension or revocation of
permit.
The city shall retain the right to suspend or
revoke a permit issued under this development
code that fails to comply with any conditions
of approval of said permit, or which operates
in a manner inconsistent with representation
made in the application. The suspension or
revocation of a permit may be appealed to the
hearing examiner under Chapter 20.06 ECDC.
Upon receipt of a timely appeal under Chapter
20.06 ECDC, suspension or revocation shall
by stayed pending decision on the appeal; pro-
vided, that such a stay shall affect any stop
work order issued by the director. [Ord. 4154
§ 25 (Att. D), 2019].
20.110.050 Separate nuisance abatement
proceedings for junk vehicles.
Repealed by Ord. 3720. [Ord. 2934 § 1,
1993; Ord. 2801 § 1, 1990].
(Revised 7/19) 20-96
Edmonds Community Development Code
Ordinance Table
2939 7/20/93
Repeal Ch. 10.15; amend § 19.00.060,
20.40.030, 20.55.020, 20.75.065 and
board of appeals (Repealed by 3502)
20.80.020, review criteria and procedures
2950 9/7/93
Repeal § 18.40.030, conditional use
(20.10, 20.12, 20.18, 20.19, 20.40, 20.60,
permit, grading (Repealed by 3818)
20.75, 20.80, 20.90, 20.91, 20.95, 20.100)
2951 9/7/93
Amend Ch. 20.20 re: home occupation
3080 4/2/96
Adds § 20.80.020(C), text and map
(Repealed by 3840)
changes (20.80)
2952 9/28/93
Amend § 15.00.020(a)(17) (15.00)
3081 4/2/96
Adds § 17.00.060, general zoning
2954 9/28/93
Amend Ch. 17.30, fences (17.30)
regulations (17.00)
2955 10/5/93
Amend Ch. 20.10, architectural design
3087 5/7/96
Repeals and replaces Ch. 20.1513, critical
(Repealed by 3461)
areas (Repealed by 3527)
2958 10//93
Amend § 21.35.017, definition (21.35,
3090 5/7/96
Adds §§ 16.20.010(B)(9) and (D)(5),
21.60)
16.30.010(D)(3), and 21.15.75; amends §
2959 11/l/93
Amend Ch. 20.10, architectural design
16.20.010(C), commuter parking (21.15)
(Repealed by 3461)
3091 5/7/96
Repeals and replaces § 20.100.020(B),
2979 4/5/94
Amend Ch. 19, building code: permit
planning advisory board review (Repealed
(Repealed by 3502)
by 3736)
2981 5/17/94
Scrivener's error § 17.40.030 (17.40)
3092 5/20/96
Adds § 20.90.005; amends §§ 20.90.000,
2984 6/7/94
Open air market temporary license
20.90.010(B), (E)(2) and (3), and
(Repealed by 3635)
20.91.010(C)(3)(c); repeals §§ 19.00.115,
2991 8/16/94
Amend § 20.75.155 (20.75)
19.00.120(D) and 19.00.127, permit
3013 3/21/95
Adds Ch. 18.30, storm water management
processing (Repealed by 3112, 3502)
(Repealed by 3792)
3093 5/20/96
Amends 20.60.080(H), sign permits
3014 3/21/95
Repeals and replaces §§ 20.1513.070
(Repealed by 3313)
(A)(3)(c), 20.15B.120(A), (D) and (E)(5),
3099 7/2/96
Adds Ch. 20.50, wireless communications
and amends § 20.105.010(A)(4), critical
facilities, and §§ 21.05.005, 21.05.035,
areas (Repealed by 3736)
21.05.055, 21.15.035, 21.25.010,
3018 4/18/95
Adds § 18.80.005, highway access
21.35.040, 21.55.055, 21.60.002,
management (18.80)
21.60.004, 21.60.006, 21.60.045,
3023 5/16/95
Amends §§ 15.00.020(A), 20.10.010,
21.60.046, 21.85.035, 21.100.080,
20.10.020(A), 20.10.080, 20.12.000,
21.115.022 and 21.115.024, definitions
20.60.020, community development code
(21.25, 21.85)
(15.00)
3100 7/2/96
Amends §§ 16.50.010(A)(7) and
3024 5/16/95
Amends § 17.40.030, community
16.60.010(D)(1), open air markets
development code (17.40)
(Repealed by 3635)
3028 6/6/95
Adds § 20.15B.040(D), community
3103 7/16/96
Adds §§ 16.50.030(A)(5) and 21.90.009,
development code (20.1513)
seasonal farmers' markets (Repealed by
3030 6/30/95
Repeals Chs. 15.05 — 15.30, 15.45 and §§
3921)
15.40.010 and 15.40.020; adds new Ch.
3108 8/20/96
Amends § 15.00.020 and repeals §
15.05; and repeals and replaces §§
15.00.030, fee schedule (15.00)
20.00.010 and 15.40.000 introduction,
3112 9/24/96
Amends sections in Titles 20 and 21
comprehensive plan (15.05, 15.40)
relating to regulatory reform; repeals Ords.
3035 7/28/95
Repeals and replaces §§ 19.00.000,
3078 and 3092 (20.19, 20.40, 20.75, 20.80,
19.00.010 introduction and subsection
21.15, 21.80)
(A), 19.00.070 introduction, 19.00.010(F),
3117 10/15/96
Repeals and replaces §§ 21.05.021,
19.00.120(A) and (B), 19.05.005,
21.90.101, 21.90.102; repeals §§
19.10.000, 19.20.000, 19.25.000,
16.00.030, 21.05.022 and 21.05.023; adds
19.45.000, 19.55.000, 19.75.000, and §
§§ 16.60.015, 17.50.075, 21.10.005,
902.2.2.2 of the Uniform Fire Code;
21.25.100, 21.75.080.21.90.024,
repeals §§ 19.75.015 and 19.75.175,
21.90.025; amends §§ 16.60.010 and
building codes (Repealed by 3632)
17.50.020, sexually oriented businesses
3037 7/28/95
Amends § 20.60.080(H), signs (Repealed
(17.50, 21.05, 21.10, 21.25, 21.75, 21.90)
by 3313)
3118 11/4/96
Adds Ch. 16.62, medical use zone (16.62)
3065 1/23/96
Re-enacts Ch. 20.1513, interim critical
3120 11/26/96
Amends §§ 16.45.010, 16.50.010,
areas (Repealed by 3527)
16.80.010, commuter parking lots (16.45)
3074 3/6/96
Amends §§ 20.1513.070, 20.15B.120 and
3121 11/26/96
Amends § 18.95.020, parking stall
20.105.010, review criteria andprocedures
dimensions (18.95)
(Repealed by 3736)
3127 1/21/97
Adds Ch. 16.53, BP — planned business
3076 3/19/96
Repeals and replaces Ch. 20.00, changes to
zone (16.53)
the comprehensive plan (20.00)
3130 2/18/97
Amends § 20.110.030, civil violation —
3078 3/25/96
Adds Ch. 20.91 and §§ 19.00.115,
enforcement procedure (Repealed by
19.00.127, 19.00.120(D); amends Chs.
3720)
20.10, 20.12, 20.60, 20.90,20.95, 20.100,
3132 2/18/97
Amends § 18.80.060, streets and
20.105, §§ 20.18.020, 20.19.010,
driveways (18.80)
20.35.020, 20.35.040, 20.35.120,
Tables - 3 (Revised 7/19)
Ordinance Table
3133 2/25/97
Amends § 15.05.000, comprehensive plan
3258 6/15/99
Adds subsection (D)(4) to § 20.90.010,
(15.05)
review criteria and procedures (Repealed
3141 4/15/97
Adds § 19.75.090, fire code (Repealed by
by 3736)
3502)
3262 6/29/99
Amends §§ 20.60.020(A)(1) and
3142 4/15/97
Adds interim Ch. 17.05, reasonable
20.60.050, sign permits (Repealed by
accommodations process (Expired)
3313)
3147 6/3/97
Repeals and reenacts Ch. 16.50,
3265 7/6/99
Adds § 17.70.040, zoning; amends §
community business zone (16.50)
18.70.030(B), street use permits (17.70)
3148 6/24/97
Amends § 20.105.010(A)(3), civil
3269 8/3/99
Adds §§ 16.45.010(B)(5) and
violation — enforcement procedures
16.50.010(B)(4), zone districts (16.45,
(Repealed by 3736)
16.50)
3149 7/l/97
Repeals and replaces § 18.90.040,
3271 8/17/99
Moratorium on enforcement of
sidewalks (18.90)
development code provisions regarding
3153 7/22/97
Amends § 17.40.030(D)(5),
outdoor sale of consumer commercial
nonconforming uses, buildings, signs and
goods (Expired)
lots (17.40)
3274 9/7/99
Amends § 19.97.030(B), floodplain
3174 12/16/97
Amends § 15.05.000, comprehensive plan;
management (Repealed by 3502)
renames Title 15, "Comprehensive Plan",
3277 10/19/99
Amends § 19.00.010(F), building permits
to "Land Use Plans and Policies" (15.05)
(Repealed by 3502)
3183 01/06/98
Amends § 17.05.020; adopts Ch. 17.05 as
3278 l l/l/99
Amends § 20.00.010, comprehensive plan
final zoning regulation, zoning (17.05)
amendments (20.00)
3184 01/06/98
Amends §§ 16.30.010 and 21.30.010;
3283 12/7/99
Amends § 17.40.010(C),
repeals and replaces Ch. 20.18, group
nonconformances (17.40)
homes (20.18, 21.30)
3292 1/18/00
Repeals and replaces Ch. 18.70,
3190 02/17/98
Amends § 20.75.100; repeals § 20.75.105,
encroachment permits (Repealed by 3367)
preliminary plat approval (Repealed by
3293 1/18/00
Amends § 17.70.040, bistro and outdoor
3925)
dining (17.70)
3194 03/02/98
Amends § 16.60.010(D), general
3294 2/l/00
Repeals and replaces Ch. 20.21 and §
commercial zone (Repealed by 3635)
21.05.015, accessory dwelling units
3209 04/07/98
Amends § 20.60.080, temporary signs
(20.21, 21.05)
(Repealed by 3313)
3296 2/15/00
Renumbers existing § 20.75.055 to be §
3211 05/05/98
Amends §§ 20.75.050, 20.75.065(A) and
20.75.060; adds new § 20.75.055,
(F), 20.75.075, 20.75.085(C)(3),
subdivisions (20.75)
20.75.100, 20.75.150, 20.75.158 and
3297 3/06/00
Adds § 20.105.045, appeals (Repealed by
20.105.010(A); repeals § 20.75.060,
3736)
subdivisions (20.75)
3300 3/28/00
Adds § 17.40.025, nonconforming
3215 06/16/98
Amends Title 19, building codes
accessory dwelling units (17.40)
(Repealed by 3632)
3302 4/18/00
Amends § 18.80.060, streets and
3227 10/20/98
Confirms and extends Ord. 3209,
driveways (18.80)
temporary signs (Expired)
3312 5/16/00
Adds Ch. 17.75, outdoor dining (17.75)
3230 11/2/98
Amends § 20.75.100, subdivisions
3313 5/23/00
Repeals Ch. 20.60 and §§ 21.05.050,
(Repealed by 3925)
21.30.080, 21.35.020, 21.80.100,
3232 11/17/98
Amends § 16.50.020(A), BC zone district
21.90.070, 21.115.010 and 21.115.020;
(Repealed by 3125)
adds new Ch. 20.60, sign code (Repealed
3240 1/26/99
Amends § 16.00.010, zone districts
by 3461)
(16.00)
3314 6/6/00
Adds § 20.91.030, continuances (Repealed
3242 2/16/99
Amends Ch. 17.95, commute trip
by 3317)
reduction plan, and §§ 20.110.030 and
3317 7/18/00
Repeals and reenacts § 20.91.030 as an
20.110.040 (17.95, 20.110)
interim measure, zoning (Expired)
3244 4/6/99
Confirms and extends Ord. 3209,
3318 7/18/00
Adds Title 23, natural resources, and Ch.
temporary signs (Repealed by 3313)
23.10, shoreline master program; repeals
3246 4/6/99
Repeals subsections (13)(2) and (3) of §
Chs. 15.35 — 15.39 (Repealed by 4072)
19.05.050 and adds new subsection (13)(2),
3320 7/25/00
Adds Ch. 17.65, limited outdoor display of
earth subsidence and landslide hazard
merchandise, and §§ 16.45.030(A)(5),
areas (Repealed by 3632)
16.50.030(A)(6), 16.55.030(A)(4) and
3247 4/20/99
Amends § 17.40.010(C), nonconforming
16.60.030(A)(8), zoning (16.45, 16.50,
uses (17.40)
16.55, 17.65)
3249 4/27/99
Amends § 19.00.110, building permits
3327 9/18/00
Amends § 17.40.025(C), nonconforming
(Repealed by 3502)
uses (17.40)
3256 6/15/99
Amends § 16.50.020(A), zoning (16.50)
3329 10/10/00
Amends §§ 20.15B.110 and 20.95.050,
3257 6/15/99
Amends subsection D of and adds
geologically hazardous areas (Repealed by
subsection E to § 16.20.050, zoning
3736)
(Repealed by 3547)
(Revised 7/19) Tables - 4
Edmonds Community Development Code
Ordinance Table
20.15A.240(D), 20.16.110, 20.16.130(C),
20.19.010, 20.19.050, 20.20.010(B),
20.21.030(A), 20.30.010, 20.30.020,
20.40.030, 20.55.010, 20.55.020,
20.55.030, 20.60.015(A), 20.65.010,
20.75.040, 20.75.050(G), 20.75.055(D),
20.75.065, 20.75.110(A), 20.75.155(C),
20.75.158, 20.80.020, 20.85.020,
23.40.200 and 23.40.210(C) and (E);
renames Ch. 20.100; repeals Chs. 20.90,
20.91 and 20.95 and §§ 20.100.000,
20.100.010, 20.100.020 and 20.100.030
and Ch. 20.105; development project
permits (4.85, 7.10, 7.80, 16.20, 16.43,
16.60, 16.75, 17.40, 17.50, 17.70, 17.75,
17.90, 17.95, 17.100, 18.00, 18.05, 18.45,
18.50, 18.80, 20.01, 20.02, 20.03, 20.04,
20.05, 20.06, 20.08, 20.10, 20.11, 20.12,
20.16, 20.19, 20.21, 20.30, 20.40, 20.60,
20.65, 20.75, 20.80, 20.85, 23.40)
3740 6/16/09
Adds §§ 10.15.000 and 19.80.023; repeals
§§ 10.15.010, 10.15.020, 10.15.030,
10.15.040, 10.15.050 and 10.15.060, board
of appeals (10.15)
3741 6/16/09
Amends §§ 6.20.041 and 17.60.040(A) and
(B), vehicles (6.20, 17.60)
3742 6/16/09
Amends Ch. 17.70, temporary uses (17.70)
3743 6/16/09
Amends § 19.05.010, building permits
(Repealed by 3796)
3746 6/23/09
Amends on interim basis §§ 20.11.050 and
20.12.090(B), review criteria and
procedures (Expired)
3756 10/6/09
Adds § 17.40.060, setback exemption
(17.40)
3759 10/20/09
Adds § 17.35.030(D); amends
§§ 17.35.030 and 17.35.040(A), zoning
(5.05)
3760 10/27/09
Adds Chs. 16.100 and 22.100, Firdale
Village mixed -use zone (16.100, 22.100)
3769 12/15/09
Interim ordinance; temporary homeless
shelters (Repealed by 3814)
3775 115110
Interim ordinance; amends
§§ 17.50.090(A)(3), 17.70.010, 17.75.020,
17.100.030(B), 20.01.003(A), 20.05.020,
20.19.010, 20.19.050, 20.20.010(B),
20.55.030, 20.75.065(D), 20.75.070,
20.85.020 and 23.40.210(C), review
criteria and procedures (Expired)
3778 1/19/10
Adds § 19.00.040, exclusion of churches
providing emergency housing for the
indigent from certain requirements
(Repealed by 3796)
3779 1/19/10
Interim ordinance; amends
§ 20.110.040(F), civil violation monetary
penalties (Expired)
3780 1/19/10
Interim ordinance; abandonment,
construction and authorization of public
projects, street vacations and dedications
(Expired)
3781 2/2/10
Amends § 17.40.020(D)(3),
nonconforming buildings and/or structures
(17.40)
3783 2/2/10
Interim ordinance amending Ord. 3775;
adds § 20.100.030; amends
3787 4/6/10
3788 4/6/10
3790 4/20/10
3791 4/20/10
3792 4/20/10
3794 6/1/10
3795 6/1/10
3796 6/1/10
3798 6/15/10
3799 6/15/10
3800 7/6/10
3805 8/16/10
3806 8/16/10
3814 11/1/10
3815 11/1/10
3817 11/16/10
3818 11/16/10
3819 11/16/10
§§ 17.50.090(A)(3), 17.70.010, 17.75.020,
17.100.030(B), 20.01.003(A), 20.05.020,
20.19.010, 20.19.050, 20.20.010(B),
20.55.030, 20.75.065(D), 20.75.070,
20.85.020 and 23.40.210(C), review
criteria and procedures (Expired)
Interim ordinance; amends
§§ 20.01.003(A), 20.35.080(A)(4),
20.35.050(C)(2), zoning (Expired)
Adds §§ 18.60.050, 18.70.030(D) and
18.95.030(C); amends §§ 18.00.020(C),
18.10.010(E), 18.10.030, 18.30.065,
18.30.080(C), 18.30.130(C), 18.40.120
[18.40.020], 18.45.070, 18.80.060,
18.80.070 and 18.85.060(B), public works
requirements (18.00, 18.10, 18.40, 18.45,
18.60, 18.80, 18.85, 18.95)
Repeals and replaces Ch. 18.70, street use
and encroachment permits (18.70)
Adds § 18.82.150; amends §§ 18.82.020,
18.82.030,18.82.040 and 18.82.120, traffic
impact fees (Repealed by 4037)
Repeals and replaces Ch. 18.30, storm
water management (18.30)
Interim ordinance extending Ord. 3769,
temporary homeless shelters (Repealed by
3814)
Interim ordinance; amends
§§ 20.110.040(D) and (F), zoning
enforcement procedures (Expired)
Amends Ch. 19.55; repeals Ch. 19.35;
repeals and replaces Chs. 19.00, 19.05,
19.15, 19.20, 19.30, 19.40, 19.45 and
19.50, building codes (19.00, 19.05, 19.15,
19.20, 19.30, 19.40, 19.45, 19.50, 19.55)
Repeals and replaces Chs. 19.25 and 19.65,
fire code and marinas (19.25, 19.65)
Interim ordinance; abandonment,
construction and authorization of public
projects, street vacations and dedications
(Expired)
Amends §§ 20.60.005 and 20.60.015, sign
code (20.60)
Amends § 20.60.025(A), sign code (20.60)
Interim ordinance extending Ord. 3787,
zoning (Expired)
Adds Ch. 17.105; repeals Ords. 3730, 3769
and 3794, emergency temporary indoor
shelter (17.105)
Adds. Ch. 17.20, temporary homeless
encampment (17.20)
Amends §§ 18.45.055, 19.10.040(A), Chs.
20.01, 20.02, 20.03, 20.04, 20.06, 20.07,
20.08, §§ 20.12.020(A), 20.40.030,
20.75.065(B)(1) and 20.80.020(B) and (C),
community development code (18.45,
19.10, 20.01, 20.02, 20.03, 20.04, 20.06,
20.08, 20.12, 20.40, 20.75, 20.80)
Amends § 20.03.004; repeals and replaces
Ch. 20.15A, environmental review (SEPA)
(20.15A, 20.03)
Adds §§ 19.05.020(C) and 19.25.036;
amends §§ 19.05.000, residential fire
sprinkler systems (19.05, 19.25)
Tables - 7 (Revised 7/19)
Ordinance Table
3822 11/30/10
Amends §§ 20.35.050(C)(2) and
19.40, 19.45, 19.50, 19.55, 19.60, 19.65,
20.35.080(A)(4), planned residential
19.70, 19.75, 19.80, 19.85, 19.90, 19.95)
development (20.35)
3931 7/2/13
Interim ordinance; amends §§ 23.40.210
3827 12/7/10Amends §§ 20.110.040(D) and (F), civil
and 23.40.320, critical areas (Expired)
violation - enforcement procedure
3932 7/16/13
Adds § 21.80.103; amends §§ 16.43.020,
(20.110)
16.43.040, 16.50.010, 16.50.030 and
3828 12/7/10
Amends §§ 18.45.070 and 23.40.240(E),
16.60.040; repeals § 21.90.009 and Ord.
unauthorized clearing (18.45, 23.40)
3921, public markets (16.43, 16.50, 16.60,
3840 4/19/11
Repeals and replaces Ch. 20.20, home
21.80)
occupations (20.20)
3935 8/6/13
Interim ordinance; amends §§ 23.40.220,
3842 6/21/11
Adds § 18.80.015, complete streets
23.40.320, 23.50.020, 23.50.040 and
(18.80)
23.90.040, natural resources (Expired)
3845 7/5/11
Amends §§ 16.20.040, 18.05.000,
3943 10/1/13
Amends Chs.16.30 and 16.50, community
18.05.030 and 19.00.025(R); repeals and
business and multiple residential zones
replaces Ch. 20.50, wireless
(16.30, 16.50)
communication facilities; repeals
3952 12/17/13
Amends § 23.40.320, critical areas
§§ 21.05.035, 21.05.055, 21.15.035,
(Repealed by 4026)
21.35.040, 21.55.005, 21.60.002,
3955 1/21/14
Amends § 16.43.020, downtown business
21.60.004, 21.60.006, 21.60.045,
zone (16.43)
21.60.046, 21.100.080, 21.115.022 and
3961 2/25/14
Amends § 17.40.020 and Ch. 20.50;
21.115.024 (16.20, 18.05, 19.00, 20.50)
repeals § 21.05.005, wireless
3846 7/5/11
Amends § 16.45.020, site development
communication facilities (17.40, 20.50)
standards (Expired)
3962 2/25/14
Adds § 17.40.023, amnesty for certain
3854 9/20/11
Adds § 18.00.050, public works (18.00)
long -existing wireless communication
3855 9/20/11
Adds § 18.00.060, public works (18.00)
facilities (17.40)
3865 12/20/11
Amends § 16.43.030, site development
3968 4/22/14
Adds Ch. 17.110, recreational marijuana;
standards (16.43)
repeals Ords. 3938 and 3960 (17.110)
3866 12/20/11
Amends §§ 17.40.020 and 21.40.030,
3981 11/3/14
Amends Ch. 16.60, zoning (16.60)
definitions and nonconforming buildings
3982 11/18/14
Adds § 21.55.015; amends §§ 20.01.003,
(17.40, 21.40)
20.75.180 and 21.55.010, lots of record
3871 2/7/12
Adds § 21.75.120; amends Ch. 17.75,
(20.01, 20.75, 21.55)
outdoor dining (17.75, 21.75)
3988 2/3/15
Amends §§ 5.05.115, 5.30.130, 16.20.010
3878 4/3/12
Amends § 18.00.050, apprentice
and 16.30.010; amends and recodifies
requirements (18.00)
§§ 17.35.030 as 5.05.015 and 17.35.040 as
3889 6/19/12
Amends Ch. 20.20, home occupations
5.05.130.1; repeals §§ 17.35.010 and
(20.20)
17.35.020, animal control (5.05, 5.30,
3894 9/18/12
Adds § 21.30.014; amends §§ 16.43.020,
16.20, 16.30)
16.43.040, 16.50.010 and 16.50.030,
3992 3/17/15
Interim ordinance; adds § 20.02.004;
farmers' markets (Expired)
amends and recodifies § 20.07.007 as
3900 12/4/12
Adds Ch. 20.23 and §§ 21.10.008 and
20.02.006, development project permit
21.100.075; amends §§ 4.72.010 and
applications (Expired)
16.20.010; repeals § 4.72.023, bed and
3993 4/7/15
Adds Chs. 16.110 and 22.110, Westgate
breakfast regulations (16.20, 20.23, 21.10,
mixed -use zone district (16.110, 22.110)
21.100)
4003 7/28/15
Amends comprehensive plan and
3901 12/4/12
Amends § 20.70.090, street vacation
§ 15.05.000 (15.05)
public notification (20.70)
4006 8/18/15
Amends §§ 20.02.004 and 20.02.006,
3902 12/4/12
Amends Ch. 4.12 and §§ 16.43.040,
development project permit applications
16.50.030, 16.55.030 and 16.60.040,
(20.02)
peddlers, solicitors and street vendors
4016 1/26/16
Adds §§ 17.60.005 and 21.15.012; amends
(16.43, 16.50, 16.55, 16.60)
§ 17.60.040, vehicles in residential zones
3910 2/5/13
Amends §§ 20.70.030, 20.70.050 and
(17.60, 21.15)
20.70.140, street vacations (20.70)
4021 2/23/16
Amends § 20.03.002(B), public notice
3918 4/23/13
Amends Chs. 16.43 and 22.43, downtown
requirements (20.03)
business zones (16.43, 22.43)
4026 5/3/16
Amends §§ 19.00.025, 20.01.003,
3921 5/21/13
Interim ordinance; adds § 21.80.103;
20.03.002, 21.40.030 and Chs. 23.40,
amends §§ 16.43.020, 16.43.040,
23.50, 23.60, 23.70, 23.80 and 23.90,
16.50.010, 16.50.030, 16.60.040; repeals
critical areas (19.00, 20.01, 20.03, 21.40,
§ 21.90.009, public markets (Repealed by
23.40, 23.50, 23.60, 23.70, 23.80, 23.90)
3932)
4029 6/21/16
Amends Title 19, building codes (19.00,
3925 6/4/13
Adds § 20.75.107; repeals and replaces
19.05, 19.10, 19.15, 19.20, 19.25, 19.30,
§ 20.75.100, subdivisions (20.75)
19.35, 19.40, 19.45, 19.50, 19.55, 19.60,
3926 6/18/13
Amends Title 19, building codes (19.00,
19.65, 19.70, 19.75, 19.80, 19.85, 19.90,
19.05, 19.10, 19.15, 19.20, 19.25, 19.30,
19.95)
(Revised 7/19) Tables - 8
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)
4127 10/16/18
Amends §§ 23.50.010, 23.50.020 and
23.50.040, wetlands (23.50)
4140 2/12/19
Amends §§ 16.43.030(D) and
17.50.010(C), off-street parking and access
requirements (16.43, 17.50)
4147 4/2/19
Readopts Ch. 20.50; repeals Ord. 4141,
wireless communication facilities (20.50)
4151 6/4/19
Adds § 19.00.045; amends §§ 17.40.010
and 17.40.020; repeals Ord. 4149,
nonconforming structures (17.40, 19.00)
4154 7/2/19
Adds §§ 20.02.007 and 20.110.045;
amends §§ 17.00.030, 17.40.020(F),
17.40.025, 17.100.030, 19.00.025(I), Ch.
20.01, § 20.05.020, Ch. 20.06,
§§ 20.08.040, 20.11.010, 20.11.040,
20.12.010, 20.12.080, 20.16.110,
20.16.130, 20.35.080, 20.45.050,
20.60.015, Ch. 20.75 and § 20.85.020;
repeals § 20.06.009, Ch. 20.07 and
§ 20.100.040, community development
code (17.00, 17.40, 17.100, 19.00, 20.01,
20.02, 20.05, 20.06, 20.08, 20.11, 20.12,
20.16, 20.35, 20.45, 20.60, 20.75, 20.85,
20.110)
Tables - 9 (Revised 7/19)
Edmonds Community Development Code
Interim and Moratorium Ordinance Table
Ord. Effective Expiration
No.
Date
Date
4124
8/21/18
2/21/19
4125
8/21/18
2/21/19
4141
2/20/19
8/21/19
4142
3/14/19
8/21/19
4149
4/23/19
10/20/19
Description
Establishes a moratorium on permitting, siting, establishment and construction of new residential
units within BD zones that do not provide at least one parking space per dwelling unit (Special)
Extends prohibition on installation of styrene-butadiene rubber on publicly owned athletic fields
(Not codified)
Amends Ch. 20.50, wireless communication facilities (Repealed by 4147)
Extends prohibition on installation of styrene-butadiene rubber on publicly owned athletic fields
(Not codified)
Amends § 17.40.020(F), nonconforming building and/or structure (Repealed by 4151)
UM - 1
(Revised 7/19)
Edmonds Community Development Code
Buildings
—A—
Addresses See Street names, numbering
Adult entertainment centers See Zoning
Agriculture See Zoning
Aircraft landings See Zoning
Amendments to code
Applicability, scope 20.80.000
Procedural 20.80.010
Zoning, planning 20.80.020
Amusement establishments See Zoning
Animal hospitals See Zoning
Appeal procedures See Development permit
applications
Aquariums See Zoning
Architectural design review See Design review
Art galleries See Zoning
Auction businesses See Zoning
—B—
Bed and breakfasts
Business license required 20.23.010
Development standards 20.23.030
Permitted where 20.23.020
Purpose, intent 20.23.000
Boarding houses See Zoning
Bond
Landscaping 20.13.040
Breakwaters See Shoreline master program
Building code
See also Buildings; Residential code
Administrative provisions 19.00.015
Adopted 19.00.020
Amendments
Appendix J, Section 101.1.2 19.10.010
Section 202 19.10.010
Section 1601.1.1 19.10.010
sections designated 19.00.025
Appeals
application, fee 19.80.005
generally 19.80.025
hearing examiner
powers, duties 19.80.020
procedures 19.80.015
purpose, applicability 19.80.000
Architectural design review, vesting 19.00.030
Conflict between codes 19.00.010
Damaged, reconstruction 19.00.045
Fees
building construction valuation 19.70.015
permit
schedule 19.70.010
work commencing before issuance 19.70.020
refunds 19.70.025
scope 19.70.000
Limitation of benefited, protected classes 19.90.000
Nonconforming religious building exception
19.00.040
Purpose 19.00.000
Referenced codes 19.00.005
Violation, penalty 19.85.000
Building permits
See also Development permit applications
Landslide, earth subsidence hazard areas
amendments to code 19.10.010
application
notice 19.10.040
requirements 19.10.010, 19.10.030
review 19.10.060
bonds, liability insurance 19.10.050
covenants, waivers 19.10.040
definitions
architect 19.10.020
best available science 19.10.020
bluff 19.10.020
building official 19.10.020
director 19.10.020
earth subsidence and landslide hazard area
19.10.020
general contractor 19.10.020
geologist 19.10.020
geotechnical engineer 19.10.020
landslide hazard areas 19.10.020
land surveyor 19.10.020
lead design professional 19.10.020
plan set submittal 19.10.020
site 19.10.020
stable 19.10.020
steep slope 19.10.020
storm event 19.10.020
structural engineer 19.10.020
structural fill 19.10.020
substantially complies 19.10.080
issuance, denial 19.10.070
monitoring compliance during construction
19.10.080
purpose 19.10.000
Buildings
See also Building code
Moving
applicability 19.60.005
correction of defects 19.60.020
permit
application 19.60.010
required 19.60.000
pre -move inspection, upgrades 19.60.015
Bulkheads See Shoreline master program
Index-1 (Revised 7/19)
Comprehensive plan
Bus stop shelters See Zoning
—C—
Churches See Zoning
Clubhouses See Zoning
Commercial activities, mixed -use See Shoreline
management plan
Commute trip reduction See Zoning
Comprehensive plan
See also Land use plans, policies; Zoning
Adopted 15.05.000
Changes
applicability, scope 20.00.000
council action 20.00.040
findings required 20.00.050
notice 20.00.020
recommendations, copy of 20.00.030
submittal 20.00.010
Comprehensive sidewalk plan
adopted 15.50.000
effect, applicability 15.50.010
Comprehensive street plan
map 15.40.030
purpose 15.40.000
Conditional use permits
See also Zoning
Findings, criteria 20.05.010
Requirements, review 20.05.020
Scope 20.05.000
Condominium conversions
Definitions
condominium 19.95.010
conversion condominium 19.95.010
declarant 19.95.010
director 19.95.010
notice of conversion 19.95.010
person 19.95.010
subtenant 19.95.010
tenant 19.95.010
unit 19.95.010
Relocation assistance 19.95.020
Violations
civil penalty 19.95.040
enforcement 19.95.050
established 19.95.030
Convalescent homes See Zoning
Convenience stores See Zoning
Court review See Appeal procedures
Critical aquifer recharge areas
Designated 23.60.010
Critical areas See Environmentally critical areas
—D—
Day-care centers See Zoning
Definitions
Accessory buildings 21.05.010
Accessory dwelling unit, attached 21.05.015
Accessory use 21.05.020
Adult arcade 21.05.021
Adult cabaret 21.05.021
Adult entertainment 21.05.021
Adult motel 21.05.021
Adult motion picture theater 21.05.021
Adult retail store 21.05.021
Alley 21.05.025
Alteration(s) 21.05.040
Animal hospital 21.05.030
Auto wrecking 21.05.060
Automobile service station 21.90.012
Bar 21.10.005
Bed and breakfast 21.10.008
Bike (or bicycle) lane 21.10.010
Bike -pedestrian path 21.10.020
Boarding house 21.10.030
Building 21.00.000, 21.10.040
Building area 21.10.050
Building envelope 21.10.060
Building line 21.10.070
Car (or auto or automobile) wrecking 21.15.010
Carport 21.15.012
Church 21.15.015
City 21.15.020
City council (or council) 21.15.030
Closed record appeal 21.15.032
Commercial garage 21.15.050
Commercial kennel 21.15.060
Commercial parking lot 21.15.040
Commercial use 21.15.070
Community facilities 21.15.071
Community park 21.15.073
Commuter parking lots 21.15.075
Completely enclosed building 21.15.080
Conditional use 21.15.090
Congregate care facility 21.15.095
Convenience store 21.15.092
Coverage 21.15.110
Day-care facility 21.20.010
Dedication 21.20.020
Dock 21.20.035
Domestic animal 21.20.030
Drive-in business 21.20.040
Dwelling unit 21.20.050
Easement 21.25.010
Equipment shelter, cabinet 21.25.020
Expressive dance 21.25.100
(Revised 7/19) Index-2
Edmonds Community Development Code
Definitions
Family 21.30.010
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
Index-3 (Revised 7/19)
Design review
Transient accommodation 21.100.075
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
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
final decision 20.02.007
optional 20.03.006
procedures20.03.002
public hearing 20.03.003
shoreline master program 20.03.005
State Environmental Policy Act 20.03.004
Public hearings, appeals
appeals
hearing procedure 20.06.110
(Revised 7/19) Index-4
Edmonds Community Development Code
Environmentally critical areas
judicial 20.06.150
project permit decisions 20.06.030
standing to initiate 20.06.020
public hearings
closed record procedure 20.06.120
director responsibility 20.06.050
joint 20.06.010
order of proceedings 20.06.100
prehearing conference 20.06.040
burden, nature of proof 20.06.090
conflict of interest 20.06.060
decision 20.06.130
disqualification 20.06.080
ex parte communications 20.06.070
generally 20.06.000
reconsideration 20.06.140
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
Index-5 (Revised 7/19)
Existing building code
critical areas 23.40.005
decision
development proposal 23.40.005
favorable 23.40.170
director 23.40.005
generally 23.40.150
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
(Revised 7/19) Index-6
Edmonds Community Development Code
Historic preservation
Permits 19.25.020
Violation, penalties 19.25.070
Water mains, service lines 19.25.040, 19.25.050
Fish and wildlife habitat conservation areas
See also Critical aquifer recharge areas;
Development permit applications;
Environmentally critical areas; Frequently
flooded areas; Geologically hazardous areas;
SEPA; Shoreline master program; Wetlands
Compliance requirements chart 23.90.000
Designation, rating, mapping 23.90.010
Development standards
general requirements 23.90.030
specific habitats 23.90.040
Special study, report requirements 23.90.020
Forest and wildlife preserves See Zoning
Frequently flooded areas
See also Critical aquifer recharge areas; Development
permit applications; Environmentally critical
areas; Fish and wildlife habitat conservation areas;
Geologically hazardous areas; SEPA; Shoreline
master program; Wetlands
Designation, rating, mapping 23.70.010
Development standards 23.70.040
Liability 23.70.030
Special study, report requirements 23.70.020
Fuel gas code
See also Building code
Adopted 19.15.010
—G—
Geologically hazardous areas
See also Critical aquifer recharge areas;
Development permit applications;
Environmentally critical areas; Fish and wildlife
habitat conservation areas; Frequently flooded
areas; SEPA; Shoreline master program;
Wetlands
Allowed activities 23.80.040
Compliance requirements chart 23.80.000
Designation, rating 23.80.010
Development standards
general requirements 23.80.060
specific hazards 23.80.070
Mapping 23.80.010, 23.80.030
Special study, report requirements 23.80.050
Specific hazard areas designated 23.80.020
Group homes
See also Home day-care; Zoning
Civil enforcement procedure 20.18.050
Complaint procedures 20.18.030
Neighborhood mediation 20.18.040
Pre -establishment operating plan 20.18.020
Public meeting 20.18.030
Purpose 20.18.010
—H—
Halfway houses See Zoning
Hearings See under Development permit applications
Historic preservation
Appeals 20.45.090
Definitions
actual cost of rehabilitation 20.45.000
board 20.45.000
building 20.45.000
certificate of appropriateness 20.45.000
certified local government 20.45.000
class of properties eligible to apply for special
valuation in Edmonds 20.45.000
CLG 20.45.000
commission 20.45.000
cost 20.45.000
district 20.45.000
Edmonds historic inventory 20.45.000
Edmonds historic preservation commission
20.45.000
Edmonds register of historic places 20.45.000
emergency repair 20.45.000
historic property 20.45.000
incentives 20.45.000
inventory 20.45.000
local register 20.45.000
local review board 20.45.000
mitigate 20.45.000
National Register of Historic Places 20.45.000
object 20.45.000
ordinary repair and maintenance 20.45.000
owner 20.45.000
register 20.45.000
significance 20.45.000
significant 20.45.000
site 20.45.000
special valuation 20.45.000
special valuation for historic properties 20.45.000
State Advisory Council's Standards 20.45.000
State Register of Historic Places 20.45.000
universal transverse mercator 20.45.000
UTM 20.45.000
waiver 20.45.000
waiver of certificate of appropriateness 20.45.000
Washington State Advisory Council's Standards for
the Rehabilitation and Maintenance of Historic
Properties 20.45.000
Register
designation
criteria 20.45.010
Index-7 (Revised 7/19)
Home day-care
process 20.45.020
effects of listing 20.45.040
removal 20.45.030
Review required 20.45.050
Special valuation
agreement 20.45.080
review, monitoring 20.45.070
Zoning relationship 20.45.060
Home day-care
Appeal procedure 20.19.050
Hearing, review 20.19.040
License, regulations 20.19.020
Permits
process 20.19.010
required 20.19.030
Home occupations
See also Home day-care; Zoning
Definitions
artist studio 20.20.010
urban farming 20.20.010
Denial, reasons 20.20.020
Permits 20.20.030
Purpose 20.20.000
Regulations 20.20.010
Sale, display of goods 20.20.020
Signs 20.20.020
Homeless encampments See Temporary homeless
encampments under Zoning
Hospitals See Zoning
Hotels and motels See Zoning
Hydrants See under Fire code
—J—
Junk vehicles
Purpose of abatement 20.110.010
—L—
Land clearing and tree cutting code See under Public
works
Land use plans, policies
See also Comprehensive plan; Shoreline
management program; Zoning
Fees for applications 15.00.020
Officials, duties 15.00.040
Purpose 15.00.010
References to code sections, departments, officials
15.00.050
Regulated actions 15.00.060
Severability 15.00.070
Title, citation 15.00.000
Landscaping
See also Zoning
Applicability, scope 20.13.000
Bonds 20.13.040
Building walls, foundation standards 20.13.025
Design standards 20.13.020
Plans, requirements 20.13.010
Plant schedule, size, spacing 20.13.015
Types 20.13.030
Urban design chapter adopted 20.13.050
Landslide hazard, earth subsidence See under
Building permits; See also Environmentally critical
areas; Geologically hazardous areas
Latecomers agreement See Sewers under Public works
Laundromats See Zoning
Lighting See Performance standards under Zoning
Low income housing
Application 20.25.030
Covenant, enforcement 20.25.050
Criteria, regulations 20.25.040
Development standards 20.25.010
Eligibility 20.25.020
Purpose 20.25.000
adviC
Marijuana, recreational See Zoning
Marinas
Applicability 19.65.000
Construction compliance 19.65.005
Decks, roofs, floats
area, location 19.65.020
design 19.65.010
fuel 19.65.030
materials 19.65.015
Fire protection standard adopted 19.65.025
Mechanical code
See also Building code
Adopted 19.15.000
Amendments 19.15.005
Mobile homes See Zoning
Moving buildings See Moving under Buildings
Museums See Zoning
—N—
Noise See Performance standards under Zoning
Nuisances
Definitions
city 20.110.020
civil violation 20.110.020
person 20.110.020
Notice, appeal, enforcement 20.110.040
Permit suspension, revocation 20.110.045
(Revised 7/19) Index-8
Edmonds Community Development Code
Public works
Purpose 20.110.010
Violation, penalty 20.110.040
®1
Odors, gases See Performance standards under Zoning
Outdoor dining, merchandise display See Zoning
—P—
Parking
See also Zoning
Joint use
agreement with city 20.30.040
application 20.30.010
criteria, regulations 20.30.030
fees, loss of rights 20.30.050
purpose 20.30.000
review 20.30.020
Parks See Zoning
Performance code
See also Building code
Adopted 19.45.000
Permits
See also Conditional use permits; Development
permit applications; Shoreline permits under
Zoning
Architectural design review 20.10.020
Comprehensive plan 15.00.030
Dwelling units, accessory 20.21.030
Encroachment 18.70.000
Fences, hedges 17.30.000
Fire code 19.25.020
Forest Practices Act moratorium 20.100.050
Grading 18.40.000
Home day-care 20.19.010
Home occupations 20.20.030
Land clearing and tree cutting code
performance standards 18.45.050
required 18.45.020
Moving buildings 19.60.000
Parking lot construction 18.95.000
Retaining walls 18.40.010
Right-of-way construction 18.60.000
Sewers 18.10.010
Signs 20.60.010
Street trees 18.85.020
Subdivisions 20.75.180
Temporary homeless encampments 17.20.020
Planned residential development (PRD)
See also Development permit applications
Administration 20.35.100
Applicability 20.35.020
Application
requirements 20.35.070
review process 20.35.080
Approval
criteria 20.35.050
final 20.35.090
Modifications
alternative standards
criteria 20.35.040
designated 20.35.030
following final plan approval 20.35.110
Purpose of provisions 20.35.010
Single-family design criteria 20.35.060
Playgrounds, playfields See Zoning
Plumbing code
See also Building code
Adopted 19.20.000
Amendments 19.20.005
Potable water 19.20.010
Property maintenance code
See also Building code
Adopted 19.40.000
Amendments 19.40.005
Public facilities, essential
Applicability 20.16.010
Building permit 20.16.130
Conditional use permit
appeal, reconsideration 20.16.110
application 20.16.050
approval 20.16.100
decision criteria
EPFs proposed by regional agency 20.16.080
generally 20.16.070
denial, limitations 20.16.090
independent review 20.16.060
required 20.16.030
revocation, suspension 20.16.100
timing 20.16.120
Definitions
city 20.16.020
department 20.16.020
director 20.16.020
EPF 20.16.020
essential public facility 20.16.020
project sponsor 20.16.020
regional EPF 20.16.020
regional essential public facility 20.16.020
Purpose of provisions 20.16.010
Siting
consultation process 20.16.040
interjurisdictional 20.16.045
Public works
Application
fees 18.00.010
Index-9 (Revised 7/19)
Public works
review 18.00.020
Apprentice requirements 18.00.050
Grading
See also Retaining walls
defined 18.40.000
permit 18.40.000
prohibited rockeries 18.40.020
Inspection, notification 18.00.030
Land clearing and tree cutting code
administration, authority 18.45.010
application requirements 18.45.045
bonds 18.45.065
clearing permits
appeal procedure 18.45.060
notice 18.45.055
performance standards 18.45.050
definitions
caliper 18.45.040
clearing 18.45.040
clearing permit 18.45.040
creek 18.45.040
drip line 18.45.040
ground cover 18.45.040
grubbing 18.45.040
improved lot 18.45.040
lakes 18.45.040
land development permit 18.45.040
mechanical equipment 18.45.040
native growth protection easement 18.45.040
partially improved lot 18.45.040
person 18.45.040
removal 18.45.040
routine landscape maintenance 18.45.040
tree 18.45.040
unimproved lot 18.45.040
wetlands 18.45.040
exemptions
designated 18.45.030
procedural 18.45.035
liability, damages, restoration 18.45.075
permits 18.45.020
purpose 18.45.000
violation
additional remedies 18.45.080
penalty 18.45.070
Parking lot construction
application 18.95.010
dimension, grade requirements 18.95.020
permits 18.95.000
tandem parking prohibited 18.95.030
Regulations 18.00.040
Responsible bidder criteria 18.00.060
Retaining walls
See also Grading
defined 18.40.010
permit 18.40.010
Right-of-way construction permits
application 18.60.020
decision, appeal 18.60.050
exemptions 18.60.010
fees 18.60.040
required 18.60.000
restoration, repaving 18.60.030
Scope 18.00.000
Septic tanks
definitions
sanitary drainage system 18.20.010
sewage 18.20.010
sewage disposal system 18.20.010
license, registration 18.20.020
location 18.20.060
maintenance 18.20.080
permits, fees 18.20.040
required when 18.20.050
rules, regulations 18.20.000
standards 18.20.070
Sewers
connections
permits required 18.10.010
unlawful 18.10.030
drain pipe, defective 18.10.040
latecomer agreements 18.10.000
prohibited acts 18.10.020
swimming pools, draining of, permits, fees
18.10.050
Sidewalks
designated 18.90.020
maintenance required 18.90.040
plan adopted 18.90.010
purpose 18.90.000
standards 18.90.030
Stormwater management
access, covenants 18.30.080
administration 18.30.050
applicability 18.30.030
authority, regulation 18.30.020
definitions
adjustment 18.30.010
applicant 18.30.010
approval 18.30.010
arterial 18.30.010
best management practices (BMPs) 18.30.010
bioretention 18.30.010
Category 1 project site 18.30.010
Category 2 project site 18.30.010
(Revised 7/19) Index-10
Edmonds Community Development Code
Public works
certified erosion and sediment control lead
(CESCL) 18.30.010
city's municipal separate storm sewer system
18.30.010
clearing 18.30.010
commercial agriculture 18.30.010
common plan of development or sale 18.30.010
converted vegetation (areas) 18.30.010
creek 18.30.010
Index-101 (Revised 7/19)
This page left intentionally blank.
(Revised 7/19) Index-10.2
Edmonds Community Development Code
Wetlands
substantial development 24.80.040
variance 24.80.060
development initiation 24.80.120
enforcement 24.80.170
exemptions
generally 24.80.010
letter 24.80.020
notice of decision, reconsideration, appeals
24.80.110
public hearings 24.80.100
purpose 24.80.000
revisions 24.80.130
special procedures for limited utility extensions,
bulkheads 24.80.090
time requirements 24.80.140
Public access, views 24.40.040
Purpose, intent 24.10.000
Recreational development 24.60.060
Relationship to other regulations 24.10.030
Residential development 24.60.070
Transportation, parking 24.60.080
Utilities 24.60.090
Vegetation conservation 24.40.050
Water quality, stormwater, nonpoint pollution
24.40.060
Signs See Zoning
Stadiums, bleachers See Zoning
Storm water management See under Public works
Street names, numbering
Criteria 19.75.000
Map adopted 19.75.000
Other names, numbering prohibited 19.75.010
Property, building numbering system, criteria
19.75.005
Street map See under Public works
Street use permits See Encroachment permits
Street vacations See under Zoning
Subdivisions
See also Development permit applications
Applicability, scope 20.75.025
Application 20.75.040
Changes to plats 20.75.110
Compliance 20.75.035
Dedication proposals, review, fees 20.75.090
Defined 20.75.030
Final plats
certificates required 20.75.140
filing 20.75.160
preparation 20.75.135
review 20.75.155
rezones 20.75.165
submittal material 20.75.145
survey waiver 20.75.150
Findings, approval 20.75.080
Improvement plans
installation 20.75.130
review 20.75.120
Lot combination 20.75.055
Lot line adjustments 20.75.050
Modifications, request, notice 20.75.075
Permit 20.75.180
Preliminary plat 20.75.060
Purpose 20.75.020
Review
by court 20.75.175
criteria, regulations 20.75.085
preliminary 20.75.065
Short subdivisions 20.75.170
Time limitations
expiration of preliminary approval 20.75.100
formal subdivision 20.75.070
Title, citation 20.75.010
Unit lot 20.75.045
Violation, penalty 20.75.185
Substations See Zoning
Swimming pool and spa code
Adopted 19.35.000
Swimming pools See under Public works; Zoning
—U—
Utilities See Shoreline management program
Utility wires See under Public works
"Al
Variances See under Zoning
Vibration See Performance standards under Zoning
—W—
Waste disposal See Performance standards under
Zoning
Water storage See Zoning
Wetlands
See also Critical aquifer recharge areas;
Development permit applications;
Environmentally critical areas; Fish and wildlife
habitat conservation areas; Frequently flooded
areas; Geologically hazardous areas; SEPA;
Shoreline master program
Allowed activities 23.50.020
Compliance requirements chart 23.50.000
Designation, rating, mapping 23.50.010
Development standards
generally 23.50.040
mitigation requirements 23.50.050
subdivisions performance standards 23.50.060
Index-15
(Revised 7/19)
Wireless communication facilities
Field data form 23.50.070
Special study, report requirements 23.50.030
Wireless communication facilities
Applicability 20.50.020
Definitions
antenna(s) 20.50.160
cell -on -wheels (COW) 20.50.160
collocation 20.50.160
distributed antenna system (DAS) 20.50.160
equipment 20.500160
freestanding small wireless facility 20.50.160
fully concealed facility 20.50.160
guyed tower 20.50.160
lattice tower 20.50.160
licensed carrier 20.50.160
macro cell facility (macro facility) 20.50.160
monopole 20.50.160
poles 20.50.160
satellite earth station antenna 20.50.160
small wireless facility (or small cell node)
20.50.160
unlicensed wireless services 20.50.160
wireless communication facility (WCF) 20.50.160
wireless communication facility (WCF), building -
mounted 20.50.160
wireless communication facility (WCF),
camouflaged 20.50.160
wireless communication facility (WCF), equipment
enclosure 20.50.160
wireless communication facility (WCF), monopole
20.50.160
wireless communication facility (WCF), related
equipment 20.50.160
wireless communication facility (WCF), structure -
mounted 20.50.160
wireless communication services 20.50.160
Eligible facilities requests 20.50.080
Exemptions 20.50.030
Macro
new facilities standards
building -mounted 20.50.090
structure -mounted 20.50.100
siting criteria, design considerations 20.50.050
Maintenance 20.50.150
New monopole standards 20.50.110
Permits
application 20.50.070
requirements, shot clocks 20.50.060
Prohibitions 20.50.040
Purpose 20.50.010
Small wireless standards, approval process 20.50.130
Temporary 20.50.120
Use abandonment, discontinuation 20.50.140
—Z—
Zoning
See also Amendments to code; Architectural design
review; Comprehensive plan; Conditional use
permits; Definitions; Design standards;
Development permit applications; Dwelling
units, accessory; Environmentally critical areas;
Fish and wildlife habitat conservation areas;
Frequently flooded areas; Geologically
hazardous areas; Group homes; Home day-
care; Home occupations; Junk vehicles; Low
income housing; Nuisances; Planned residential
development (PRD); SEPA; Shoreline master
program; Subdivisions; Wetlands
Accessory buildings
RM zone 16.30.010
RS zone 16.20.010
Accessory dwelling units
RS zone 16.20.010
Accounting offices
BD zone 16.43.020
Administration
applicability 17.00.000
Advertising offices
BD zone 16.43.020
Agriculture
OS zone 16.65.010
Aircraft landings
BC zone 16.50.010
BD zone 16.43.020
CG zone 16.60.010
CW zone 16.55.010
Amateur radio transmitting antenna, tower
RS zone 16.20.010, 16.20.050
Amusement establishments
BC zone 16.50.010
BD zone 16.43.020
Firdale Village mixed -use zone 16.100.030
WMU zone 16.110.010
Animal hospitals
BN zone 16.45.010
Annexed areas, coordination with county 17.00.060
Applicability 16.00.020
Aquaculture
permitted where in shoreline areas 24.40.080
Aquariums
BC zone 16.50.010
BD zone 16.43.020
BN zone 16.45.010
BP zone 16.53.010
RM zone 16.30.010
WMU zone 16.110.010
Arbors See Fences, hedges
(Revised 7/19) Index-16
Edmonds Community Development Code
Zoning
Architectural offices
BD zone 16.43.020
Art galleries, studios
BC zone 16.50.010
BD zone 16.43.020
BN zone 16.45.010
Index-161
(Revised 7/19)
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(Revised 7/19) Index-16.2