ECDC Supp 70SUPPLEMENT DIRECTIONS
EDMONDS COMMUNITY Updated by:
DEVELOPMENT CODE
Dated:
Supplement No. 70 — December 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 Ordinances 4150 and 4155 through 4161, passed
October 15, 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 Revised Pages
1 — 5................................................................ 1-5
Title 17
10.1 — 10.2............................................ 10.1 — 10.2
Title 24
23 — 30.................................................. 23 — 28/30
83 — 92..................................................... 83 — 92.2
95 — 104................................................. 95 — 104.2
Ordinance Table
9............................................................................ 9
Interim and Moratorium Ordinance Table
1............................................................................ 1
Index
13 — 16.2.................................................. 13 — 16.2
Please call Code Publishing, LLC (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 12/19)
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 4161, passed October 15, 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............................................................. 12/19
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 12/19)
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 12/19) 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 12/19)
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 ..................................................................
12/19
25,26 ..................................................................
12/19
27, 28/30.............................................................
12/19
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 ...................................................................
12/19
85, 86...................................................................
12/19
87, 88...................................................................
12/19
89,90 ...................................................................
12/19
91,92 ...................................................................
12/19
92.1, 92.2.............................................................
12/19
93,94 ...................................................................
11/17
95,96 ...................................................................
12/19
97,98 ...................................................................
12/19
99, 100.................................................................
12/19
101, 102...............................................................
12/19
103, 104...............................................................
12/19
104.1, 104.2.........................................................
12/19
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...........................................................................
12/19
Interim and Moratorium Ordinance Table
l........................................................................... 12/19
(Revised 12/19) 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 ...................................................................
12/19
15,16 ...................................................................
12/19
16.1, 16.2.............................................................
12/19
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 12/19)
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 12/19)
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 use solely for residen-
tial purposes, or structures 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 12/19) 17-10.2
Edmonds Community Development Code
24.40.020
25-48 WAC as well as the provisions of this
section.
B. Regulations.
1. Where practicable, consistent with
constitutional and statutory limitations, public
or private developments shall be prevented
from destroying or destructively altering
potential or recognizable sites having historic,
cultural, scientific, or educational value as
identified by appropriate authorities.
2. The city may require that a site be
redesigned or that development be postponed
for a definite or indefinite period if this is rea-
sonably necessary to protect a historic site or
items of historic, archeological or cultural sig-
nificance.
3. Upon receipt of application for a
shoreline permit or request for a statement of
exemption for development on properties with
500 feet of a site known to contain an historic,
cultural or archaeological resource(s), the city
shall require a cultural resource site assess-
ment; provided, that this requirement may be
waived if the administrator determines that the
proposed development activities do not
include any ground disturbing activities and
will not impact a known historic cultural or
archaeological site. The site assessment shall
be conducted by a professional archaeologist
or historic preservation professional, as appli-
cable, to determine the presence of significant
historic or archaeological resources. The fee
for the services of the professional archaeolo-
gist or historic preservation professional shall
be paid by the landowner or responsible party.
4. Whenever historic, cultural or archae-
ological sites or artifacts are discovered in the
process of development on shorelines, work on
that portion of the development site shall be
stopped immediately, the site secured and the
find reported as soon as possible to the admin-
istrator. Upon notification of such find, the
property owner shall notify the Washington
State Department of Archaeology and Historic
Preservation and appropriate Native American
Tribes. In such cases, the developer shall allow
site inspection and evaluation by a profes-
sional archaeologist and tribal representative
to ensure that all possible valuable archaeolog-
ical data are properly salvaged. Work should
not resume until approval is obtained from the
shoreline administrator. [Ord. 4072 § 1 (Att.
A), 2017].
24.40.020 Critical areas.
A. Applicability. Critical areas include the
following areas and ecosystems: wetlands,
areas with a critical recharging effect on aqui-
fers used for potable water, fish and wildlife
habitat conservation areas, frequently flooded
areas, and geologically hazardous areas.
B. The city of Edmonds critical area ordi-
nance, as codified in Chapters 23.40 through
23.90 ECDC (dated May 3, 2016, Ord. 4026
and as amended by Ord. 4106 and Ord. 4127),
is herein adopted as a part of this program,
except for the specific subsections list below in
subsection (C) of this section. All references to
the city of Edmonds critical area ordinance in
this program are for this specific version. As a
result of this incorporation of the Edmonds
critical area ordinance, the provisions of Chap-
ters 23.40 through 23.90 ECDC, less the
exceptions listed in subsection (C) of this sec-
tion, shall apply to any use, alteration or devel-
opment within shoreline jurisdiction whether
or not a shoreline permit or written statement
of exemption is required. In addition to the
critical area regulations in Chapters 23.40
through 23.90 ECDC (Appendix B of this mas-
ter program), the regulations identified in this
section also apply to critical areas within
shoreline jurisdiction. Where there are con-
flicts between the city of Edmonds critical area
ordinance and this shoreline master program,
provisions of the shoreline master program
shall prevail.
C. Exceptions. The specific provisions of
the critical area ordinance listed below shall
not apply to development within shoreline
jurisdiction.
1. General Provisions.
a. ECDC 23.40.130(D), Monitoring
Program.
24-23 (Revised 12/19)
24.40.020
b. ECDC 23.40.210, Variances.
2. Geologically Hazardous Areas.
a. ECDC 23.80.040(B)(1) and (2),
allowed activities in geologically hazardous
areas.
D. Development Limitations.
1. All uses, modifications and activities
on sites containing marine shorelines, environ-
mentally sensitive areas and/or critical areas
must comply with all applicable local, state,
and federal laws pertaining to development in
these areas unless in conflict with the provi-
sions of this master program.
2. The site must be specifically designed
so that hazards from or impact on the environ-
mentally sensitive area and/or critical areas
will be mitigated.
3. Mitigation Sequencing. In order to
comply with subsection (D)(2) of this section,
a shoreline permit applicant or project propo-
nent shall demonstrate all reasonable efforts
have been taken to provide sufficient mitiga-
tion such that the activity does not have signif-
icant adverse impacts. Mitigation shall occur
in the following prioritized order:
a. Avoiding the impact altogether by
not taking a certain action or parts of an action.
b. Minimizing impacts by limiting
the degree or magnitude of the action and its
implementation by using appropriate technol-
ogy or by taking affirmative steps, such as
project redesign, relocation, or timing to avoid
or reduce impacts.
c. Rectifying the impact by repairing,
rehabilitating, or restoring the affected envi-
ronment to the historical conditions or the con-
ditions existing at the time of the initiation of
the project.
d. Reducing or eliminating the
impact or hazard over time by preservation and
maintenance operations during the life of the
action.
e. Compensating for the impact by
replacing, enhancing, or providing substitute
resources or environments.
4. Monitoring Program. Mitigation
plans shall include a program for monitoring
construction and for assessing a completed
project. A protocol shall be included outlining
the schedule for site monitoring (for example,
monitoring shall occur in years one, two, three,
five, seven, and 10 after site construction), and
how the monitoring data will be evaluated to
determine if the performance standards are
being met. A monitoring report shall be sub-
mitted as needed to document milestones, suc-
cesses, problems, and contingency actions of
the compensation project. The compensation
project shall be monitored for a period neces-
sary to establish that performance standards
have been met, but not for a period of less than
10 years.
5. Long -Term Protection of Mitigation
Sites. The city shall require documentation
that a mitigation site has been permanently
preserved from future development or alter-
ation that would be inconsistent with the func-
tions of the mitigation. The documentation
may include, but is not limited to, a conserva-
tion easement, deed restriction or other agree-
ment between the applicant and the owner of a
mitigation site. Such documentation shall be
recorded with the Snohomish County auditor.
E. Geologically Hazardous Areas. Devel-
opment in designated geologically hazardous
areas shall be regulated in accordance with the
following:
1. New development or the creation of
lots should not be allowed that would cause
foreseeable risk from geological conditions to
people or improvements during the life of the
development.
2. New development should not be
allowed that would require structural shoreline
stabilization over the normal, useful life of the
development. Exception may be made for
instances where stabilization is necessary to
protect allowed uses where no alternative loca-
tions are available and no net loss of ecological
functions will result. The stabilization mea-
sures shall conform to ECDC 24.50.020,
Shoreline stabilization.
(Revised 12/19) 24-24
Edmonds Community Development Code
24.40.030
3. Where no alternatives, including relo-
cation or reconstruction of existing structures,
are found to be feasible and less expensive
than the proposed stabilization measure, stabi-
lization structures or measures to protect exist-
ing primary residential structures may be all in
conformance with ECDC 24.50.020 require-
ments and then only if no net loss of ecological
functions will result.
F. Critical Saltwater Habitats.
1. Development shall not intrude into or
over critical saltwater habitats except when all
of the conditions below are met:
a. The public's need for such an
action or structure is clearly demonstrated and
the proposal is consistent with protection of
the public trust, as embodied in RCW
90.58.020.
b. Avoidance of impacts to critical
saltwater habitats by an alternative alignment
or location is not feasible or would result in
unreasonable and disproportionate cost to
accomplish the same general purpose.
c. The project, including any required
mitigation, will result in no net loss of ecolog-
ical functions associated with critical saltwater
habitat.
d. The project is consistent with the
state's interest in resource protection and spe-
cies recovery.
2. Private, noncommercial docks for
individual residential or community use may
be allowed; provided, that:
a. Avoidance of impacts to critical
saltwater habitats by an alternative alignment
or location is not feasible;
b. The project, including any
required mitigation, will result in no net loss of
ecological functions associated with critical
saltwater habitat.
3. Where inventory of critical saltwater
habitat has not been completed, all overwater
and nearshore developments in marine and
estuarine waters shall be required to conduct a
habitat assessment of the site and adjacent
beach sections to assess the presence of critical
saltwater habitats and functions.
G. Critical Freshwater Habitats. Existing
hydrological connections into and between
water bodies, such as streams and wetlands,
shall be maintained. Obstructed channels shall
be reestablished as a condition of non -water -
dependent uses, where feasible.
H. Additional Authority. In addition to any
other authority the city may have, the city is
hereby authorized to condition or deny a pro-
posed use, modification or activity or to
require site redesign because of hazards asso-
ciated with the use, modification or activity on
or near an environmentally sensitive and/or
critical area, and/or the effect of the proposal
on the environmentally sensitive area and/or
critical area. [Ord. 4150 § 2 (Exh. 1), 2019;
Ord. 4072 § 1 (Att. A), 2017].
24.40.030 Flood hazard reduction.
A. Applicability. The following provisions
apply to actions taken to reduce flood damage
or hazard and to uses, development, and shore-
line modification that may increase flood haz-
ards:
B. Regulations.
1. Development and redevelopment
shall be located and designed to prevent the
need for structural flood hazard reduction mea-
sures.
2. Nonstructural flood reduction mea-
sures shall be given preference over structural
measures.
3. Flood control works shall be permit-
ted when it is demonstrated by engineering and
scientific evaluations that:
a. They are necessary to protect
health/safety and/or existing development;
b. Nonstructural flood hazard reduc-
tion measures are infeasible; and
c. The flood control work will not
result in a net loss of ecological function in the
shoreline area.
4. New structural flood control works
shall be placed landward of associated wet-
lands, and designated habitat conservation
areas, except for works that improve ecologi-
cal functions, such as wetland restoration.
24-25 (Revised 12/19)
24.40.040
5. Development within the shoreline
environment shall meet the standards and pro-
visions for protection of frequently flooded
areas as provided to areas of special flood haz-
ard in the current edition of the International
Residential Code and International Building
Code, as adopted in ECDC Title 19. [Ord.
4072 § 1 (Att. A), 2017].
24.40.040 Public access and views.
A. Applicability. Public access includes the
ability of the general public to reach, touch,
and enjoy the water's edge, to travel on the
waters of the state, and to view the water and
the shoreline from adjacent locations. The
public access provisions below apply to all
shorelines within the city of Edmonds.
B. Regulations.
1. Except as provided in subsections
(B)(2) through (4) of this section, shoreline
substantial developments or conditional uses
shall provide public access where any of the
following conditions are present:
a. Where the use or modification will
create increased demand for public access to
the shoreline, the development shall provide
public access to mitigate this impact.
b. Where the use or modification will
interfere with an existing public access way,
the development shall provide public access to
mitigate this impact.
c. Where a use which is not a priority
shoreline use under the Shoreline Management
Act will locate on a shoreline of the state, the
use or modification shall provide public access
to mitigate this impact.
d. Within the Edmonds shoreline
jurisdiction, where a use or modification will
interfere with a public use of lands or waters
subject to the public trust doctrine, the devel-
opment shall provide public access to mitigate
this impact.
e. New multifamily residential devel-
opment.
f. Where there is a subdivision of
land into more than four parcels.
2. An applicant need not provide public
access where one or more the following condi-
tions apply:
a. Unavoidable health or safety haz-
ards to the public exist which cannot be pre-
vented by any practical means;
b. Inherent security requirements of
the use cannot be satisfied through the applica-
tion of alternative design features or other
solutions;
c. The cost of providing the access,
easement or an alternative amenity is unrea-
sonably disproportionate to the total long-term
cost of the proposed development;
d. Unacceptable environmental harm
will result from the public access which cannot
be mitigated;
e. Significant undue and unavoidable
conflict between any access provisions and the
proposed use/modification and adjacent uses
would occur and cannot be mitigated; or
f. Statutory or constitutional require-
ments would prohibit the mandatory dedica-
tion of access without just compensation or
compliance with statutory criteria.
3. In order to meet any of the conditions
in subsections (B)(2)(a) through (e) of this sec-
tion, the applicant must first demonstrate and
the city determine in its findings that all rea-
sonable alternatives have been exhausted,
including but not limited to:
a. Regulating access by such means
as maintaining a gate and/or limiting hours of
use;
b. Designing separation of uses and
activities (e.g., fences, terracing, use of one-
way glazings, hedges, landscaping, etc.); and
c. Developing provisions for access
at a site geographically separated from the pro-
posal such as street end, vista or trail system.
4. Exceptions. The following uses,
developments, modifications and activities are
exempt from providing public pedestrian
access under this section:
a. The construction, repair, remodel-
ing and use of one detached single-family
dwelling unit, as well as the construction,
(Revised 12/19) 24-26
Edmonds Community Development Code
24.40.040
remodeling, repair, and use of bulkheads,
docks and other uses, modification and activi-
ties incidental to the use of the subject property
as a detached single-family residence.
b. All shoreline uses, modifications
and activities in conservancy environments, or
24-27
(Revised 12/19)
This page left intentionally blank.
(Revised 12/19) 24-28/30
Edmonds Community Development Code
24.70.010
Chapter 24.70
NONCONFORMING DEVELOPMENT
Sections:
24.70.000
Purpose.
24.70.010
Nonconforming uses.
24.70.020
Nonconforming development,
building and/or structure.
24.70.030
Nonconforming lots.
24.70.040
Nonconforming signs.
24.70.050
Nonconforming local public
facilities.
24.70.000 Purpose.
The purpose of this chapter is to allow cer-
tain nonconforming uses, buildings, signs and
lots within shoreline jurisdiction to continue
while limiting the continuation of certain
aspects of nonconformity. Other nonconform-
ing uses, buildings, signs and lots, which are
declared to be nuisances, are required to be
eliminated. [Ord. 4072 § 1 (Att. A), 2017].
24.70.010 Nonconforming uses.
A. Nonconforming uses are shoreline uses
which were lawfully established prior to the
effective date of the Shoreline Management
Act or this master program, or amendments
thereto, but which do not conform to present
regulations or standards of this master pro-
gram or policies of the Act.
B. A use which is listed as a conditional use
but which existed prior to adoption of this mas-
ter program or any relevant amendment and
for which a conditional use permit has not been
obtained shall be considered a nonconforming
use. A use which is listed as a conditional use
but which existed prior to the applicability of
this master program to the site and for which a
conditional use permit has not been obtained
shall be considered a nonconforming use.
C. A nonconforming use may continue,
unless required to be abated by subsection (D)
of this section, but it may not be expanded in
any way, including additional lot areas, floor
area, height, number of employees, equipment,
or hours of operation, except as otherwise pro-
vided in ECDC 24.70.050.
D. Lapse of Time.
1. If a nonconforming use is discontin-
ued for six consecutive months or for 12
months during any two-year period, any subse-
quent use shall be conforming. It shall not be
necessary to show that the owner of the prop-
erty intends to abandon such nonconforming
use in order for the nonconforming rights to
expire. Uses such as agricultural or aquicul-
ture, which vary seasonally, shall be deemed
abandoned if the seasonal use is not utilized
during one full season consistent with the tra-
ditional use.
2. If a nonconforming 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 19.00.015, 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 (D)(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.
c. In the event that subsection
(D)(3)(a) or (b) of this section applies, the non-
conforming use shall be abated if damage
exceeds 25 percent of replacement cost.
"Replacement cost" shall be determined as
proved in ECDC 24.70.020.
E. A nonconforming use shall not be
changed to another nonconforming use,
regardless of the conforming or nonconform-
ing status of the building or structure in which
it is housed. [Ord. 4150 § 2 (Exh. 1), 2019;
Ord. 4072 § 1 (Att. A), 2017].
24-83 (Revised 12/19)
24.70.020
24.70.020 Nonconforming development,
building and/or structure.
A. "Nonconforming development" means a
shoreline development which was lawfully
constructed or established prior to the effective
date of the Shoreline Management Act or this
master program, or amendments thereto, but
which does not conform to present regulations
or standards of the program.
B. A nonconforming building is one which
once met bulk zoning standards and the site
development standards applicable to its con-
struction, but which no longer conforms to
such standards due to the enactment or amend-
ment of the zoning ordinance of the city of
Edmonds or the application of such ordinance
in the case of a structure annexed to the city.
Subject to the other provisions of this section,
an accessory building that is not an accessory
dwelling unit shall be presumptively noncon-
forming if photographic or other substantial
evidence conclusively demonstrates that the
accessory building existed on or before Janu-
ary 1, 1981. In the case of a property that was
annexed after January 1, 1981, the date shall be
that of the effective date of the annexation of
the city of Edmonds. Such presumption may
be overcome only by clear and convincing evi-
dence.
C. A structure for which a variance has
been issued shall be considered a legal non-
conforming structure and the requirements of
this section shall apply as they apply to preex-
isting nonconformities.
D. A nonconforming development, build-
ing and/or structure which is moved any dis-
tance must be brought as closely as practicable
into conformance with this master program.
E. Nonconforming development, building
and/or structure may be maintained and con-
tinued, unless required to be abated elsewhere
in this chapter or section; provided, that it is
not enlarged, intensified, increased, or altered
in any way which increases its nonconformity
except as expressly provided in subsections
(F) though (L) of this section.
F. 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 meet-
ing the standards of the State Department of
Archaeology and Historic Preservation. "Res-
toration" means reconstruction of the historic
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 require-
ments of Chapter 20.45 ECDC, Edmonds Reg-
ister of Historic Places. The reconstruction of
all such historic buildings and structures shall
comply with the life safety provisions of the
State Building Code.
G. If a nonconforming development, build-
ing and/or structure is destroyed or damaged to
an extent not exceeding 75 percent replace-
ment cost at the time of destruction, it may be
restored to its former size, shape and lot loca-
tion as existing immediately prior to the time
the structure was damaged, so long as resto-
ration is either:
1. Completed within one year of the date
of damage; or
2. Completed within one year of the date
of issuance of all required permits, so long as
applications for such permits are vested within
18 months of the date of damage and are pur-
sued in a timely manner.
H. 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.
I. The right of restoration described in sub-
section (E) of this section shall not apply if:
1. The development, building and/or
structure was damaged or destroyed due to the
unlawful act of the owner or the owner's agent;
or
(Revised 12/19) 24-84
Edmonds Community Development Code
24.70.030
2. The development, building and/or
structure is damaged or destroyed due to the
ongoing neglect or gross negligence of the
owner or the owner's agents.
J. Residential Buildings in Commercial
Zones. Existing nonconforming buildings in
commercial zones in use solely for residential
purposes, or structures attendant to such resi-
dential use, may be remodeled or recon-
structed without regard to the limitations of
subsections (D), (E) and (G) of this section, if,
but only if, the following conditions are met:
1. The remodel or reconstruction takes
place within the footprint of the original build-
ing or structure. "Footprint" shall mean an area
equal to the smallest rectangular area in a plane
parallel to the ground in which the existing
building could be placed, exclusive of uncov-
ered decks, steps, porches, and similar fea-
tures; and provided, that the new footprint of
the building or structure shall not be expanded
by more than 10 percent and is found by the
city staff to be substantially similar to the orig-
inal style and construction after complying
with current codes.
2. All provisions of the State Building
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.
3. These provisions shall apply only to
the primary residential use on site and shall not
apply to nonconforming accessory buildings
or structures.
4. A nonconforming residential single-
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, except that any appeal
of the staff decision shall be to the ADB rather
than the hearing examiner. The decision of the
ADB shall be final and appealable only as pro-
vided in ECDC 20.06.030.
K. 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, the date
shall be that of the effective date of the annex-
ation to the city of Edmonds. Such presump-
tion may be overcome only by clear and
convincing evidence.
L. 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 and this master program
without being required to come into compli-
ance with the ground floor elevation require-
ments of ECDC 16.43.030(B). [Ord. 4150 § 2
(Exh. 1), 2019; Ord. 4072 § 1 (Att. A), 2017].
24.70.030 Nonconforming lots.
A. A nonconforming lot is one which met
applicable zoning ordinance standards as to
size, width, depth and other dimensional regu-
lations at the date on which it was created but
which, due to the passage of a zoning ordi-
nance, the amendment thereof or the annex-
ation 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, so long as
such development conforms to other require-
ments of this master program, the Shoreline
24-85 (Revised 12/19)
24.70.040
Management Act, and 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 provi-
sions of subsection (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
only be used in accordance with the provisions
of this master program, the Shoreline Manage-
ment Act, and the Edmonds Community
Development Code, except as specifically pro-
vided in subsection (D) of this section.
D. Exception for Single -Family Dwelling
Units. An applicant may build on single-fam-
ily residence consisting of no more than one
dwelling unit on a lot or parcel regardless of
the size of the lot or parcel if, but only if, one
of the following exceptions applies:
1. In a shoreline residential environ-
ment, such nonconforming lot may be sold or
otherwise developed as any other nonconform-
ing lot pursuant to the following conditions
and standards:
a. The lot area of the nonconforming
lot is not less than the minimum lot areas spec-
ified in the table below for the zoning district
in which the subject property is located; and
b. Community facilities, public utili-
ties and roads required to serve the noncon-
forming lot are available concurrently with the
proposed development; and
c. Existing housing stock will not be
destroyed in order to create a new buildable
lot.
Lot Area Table
Zone
% Needed
for Legal
Lot
Lot Size
Needed for
Legal Lot
(1)
RS-20
60%
12,000
(2)
RS-12
70%
8,400
(3)
RS-10
75%
7,500
(4)
RS-8
80%
6,400
(5)
RS-6
90%
5,400
2. An applicant applies for necessary
permits to construct the unit within five years
of the date the lot or parcel was annexed into
the city and the lot or parcel was lawfully cre-
ated under provisions of Snohomish County
subdivision and zoning laws as well as the
laws of the state of Washington; or
3. An applicant may remodel or rebuild
a residence on a nonconforming lot without
regard to the 75 percent destruction require-
ment of ECDC 24.70.020(G) if a fully com-
pleted building permit application is vested
within six months of the destruction of the res-
idence and all other development requirements
of this master program, the Shoreline Manage-
ment Act, and the Edmonds Community
Development Code are complied with; or
4. The lot lines defining the lot or parcel
were recorded in the Snohomish County
recorder's office prior to December 31, 1972,
and the lot or parcel has not at any time been
simultaneously owned by the owner of a con-
tiguous lot or parcel which fronts on the same
access right-of-way subsequent to December
31, 1972, and the lot or parcel has access to an
access right-of-way which meets the minimum
requirements established by the Edmonds
Community Development Code. [Ord. 4072
§ 1 (Att. A), 2017].
24.70.040 Nonconforming signs.
Nonconforming signs are injurious to
health, safety and welfare and destructive of
(Revised 12/19) 24-86
Edmonds Community Development Code
24.80.000
the aesthetic and environmental living condi-
tions which this master program and zoning
ordinances are intended to preserve and
enhance. Nonconforming signs shall be
brought into compliance with the provisions of
Chapter 20.60 ECDC under the following
terms and conditions:
A. No nonconforming sign shall be
expanded, extended, rebuilt, reconstructed or
altered in any way, except as provided below.
The following acts are specifically permitted
and shall not in and of themselves require con-
formance with the provisions of this master
program or Chapter 20.60 ECDC:
1. Normal maintenance of the sign;
2. A change in the name of the business
designated on the sign; or
3. Any action necessary to preserve the
public safety in the event of damage to the sign
brought about by an accident an act of God.
B. Any nonconforming sign shall be
brought into immediate compliance with the
code in the event that it is expanded in viola-
tion of subsection (A) of this section.
C. None of the foregoing provisions relat-
ing to permitted maintenance, name change or
preservation of the sign under subsection (A)
of this section shall be construed so as to per-
mit the continuation or preservation of any
nonconforming off -premises sign. [Ord. 4072
§ 1 (Att. A), 2017].
24.70.050 Nonconforming local public
facilities.
Existing legal nonconforming local public
facility uses, buildings, and/or signs, owned
and/or operated by local, state, or federal gov-
ernmental entities, public service corporations,
or common carriers (including agencies, dis-
tricts, governmental corporations, public utili-
ties, or similar entities) may be expanded,
enlarged, altered, or modified, subject to the
policies and provisions of this master program
and review under Chapter 20.16 ECDC,
Essential Public Facilities. [Ord. 4072 § 1 (Att.
A), 2017].
Chapter 24.80
ADMINISTRATION — SHORELINE
PERMITS
Sections:
24.80.000
Purpose.
24.80.010
Exemptions from shoreline
substantial development permit
process.
24.80.020
Letter of exemption.
24.80.025
Developments not required to
obtain shoreline permits or local
reviews.
24.80.030
Review criteria for all
development.
24.80.040
Substantial development permit
criteria.
24.80.050
Conditional use permit criteria.
24.80.060
Variance permit criteria.
24.80.070
Minimum application
requirements.
24.80.080
Notice of application.
24.80.090
Special procedures for limited
utility extensions and bulkheads.
24.80.095
Shoreline restoration projects —
Relief from shoreline master
program development standards
and use regulations.
24.80.100
Public hearings.
24.80.105
Special procedures for WSDOT
projects.
24.80.110
Notice of decision,
reconsideration, and appeals.
24.80.120
Initiation of development.
24.80.130
Revisions.
24.80.140
Time requirements of shoreline
permits.
24.80.150
Administrative authority and
responsibility.
24.80.160
Compliance.
24.80.170
Enforcement.
24.80.000 Purpose.
This chapter establishes the permit review
procedure for shoreline permits, in accordance
with the Shorelines Management Act, Chapter
24-87 (Revised 12/19)
24.80.010
90.58 RCW and Chapter 173-27 WAC. All
proposed uses and development occurring
within shoreline jurisdiction must conform to
Chapter 90.58 RCW, the Shoreline Manage-
ment Act, and this master program, regardless
of whether a shoreline permit, statement of
exemption, shoreline variance, or shoreline
conditional use permit is required. [Ord. 4072
§ 1 (Att. A), 2017].
24.80.010 Exemptions from shoreline
substantial development permit
process.
A. Application and Interpretation.
1. Exemptions shall be construed nar-
rowly. Only those developments that meet the
precise terms of one or more of the listed
exemptions may be granted exemption from
the substantial development permit process.
2. An exemption from the substantial
development permit process is not an exemp-
tion from compliance with the Shoreline Man-
agement Act or the city of Edmonds shoreline
master program, or from any other regulatory
requirements. To be authorized, all uses and
developments must be consistent with the pol-
icies and provisions of this master program
and the Shoreline Management Act.
3. When a development or use is pro-
posed that does not comply with the bulk,
dimensional and performance standards of the
master program, such development or use can
only be authorized by approval of a variance.
4. A development or use that is listed as
a conditional use pursuant to this master pro-
gram, or is an unlisted use, must obtain a con-
ditional use permit even though the
development or use does not require a substan-
tial development permit.
5. The burden of proof that a develop-
ment or use is exempt from the permit process
is on the applicant.
6. If any part of a proposed development
is not eligible for exemption, then a substantial
development permit is required for the entire
proposed development project.
7. The city of Edmonds may attach con-
ditions to the approval of exempted develop-
ments and/or uses as necessary to assure
consistency of the project with the Shoreline
Management Act and this master program.
B. Exemptions Listed. The following
developments shall not require substantial
development permits:
1. Any development of which the total
cost or fair market value, whichever is higher,
does not exceed $7,047, if such development
does not materially interfere with the normal
public use of the water or shorelines of the
state. The dollar threshold established in this
subsection must be adjusted for inflation every
five years consistent with WAC 173-27-
040(2)(a). For purposes of determining
whether or not a permit is required, the total
cost or fair market value shall be based on the
value of development that is occurring on
shorelines of the state as defined in RCW
90.58.030(2)(c). The total cost or fair market
value of the development shall include the fair
market value of any donated, contributed or
found labor, equipment or materials.
2. Normal maintenance or repair of
existing structures or developments, including
damage by accident, fire or elements. "Normal
maintenance" includes those usual acts to pre-
vent a decline, lapse, or cessation from a law-
fully established condition. "Normal repair"
means to restore a development to a state com-
parable to its original condition, including but
not limited to its size, shape, configuration,
location and external appearance, within a rea-
sonable period after decay or partial destruc-
tion, except where repair causes substantial
adverse effects to shoreline resources or envi-
ronment. Replacement of a structure or devel-
opment may be authorized as repair where
such replacement is the common method of
repair for the type of structure or development
and the replacement structure or development
is comparable to the original structure or
development including but not limited to its
size, shape, configuration, location and exter-
(Revised 12/19) 24-88
Edmonds Community Development Code
24.80.010
nal appearance and the replacement does not
cause substantial adverse effects to shoreline
resources or environment.
3. Construction of the normal protective
bulkhead common to single-family residences.
A "normal protective" bulkhead includes those
structural and nonstructural developments
installed at or near, and parallel to, the ordinary
high water mark for the sole purpose of pro-
tecting an existing single-family residence and
appurtenant structures from loss or damage by
erosion. A normal protective bulkhead is not
exempt if constructed for the purpose of creat-
ing dry land. When a vertical or near -vertical
wall is being constructed or reconstructed, not
more than one cubic yard of fill per one foot of
wall may be used as backfill. When an existing
bulkhead is being repaired by construction of a
vertical wall fronting the existing wall, it shall
be constructed no further waterward of the
existing bulkhead than is necessary for con-
struction of new footings. When a bulkhead
has deteriorated such that an ordinary high
water mark has been established by the pres-
ence and action of water landward of the bulk-
head, then the replacement bulkhead must be
located at or near the actual ordinary high
water mark. Beach nourishment and bioengi-
neered erosion control projects may be consid-
ered a normal protective bulkhead when any
structural elements are consistent with the
above requirements and when the project has
been approved by the Department of Fish and
Wildlife.
4. Emergency construction necessary to
protect property from damage by the elements.
An "emergency" is an unanticipated and
imminent threat to public health, safety, or the
environment which requires immediate action
within a time too short to allow full compli-
ance with this chapter. Emergency construc-
tion does not include development of new
permanent protective structures where none
previously existed. Where new protective
structures are deemed by the administrator to
be the appropriate means to address the emer-
gency situation, upon abatement of the emer-
gency situation the new structure shall be
removed or any permit which would have been
required, absent an emergency, pursuant to
Chapter 90.58 RCW, these regulations, or the
local master program, obtained. All emer-
gency construction shall be consistent with the
policies of Chapter 90.58 RCW and the local
master program. As a general matter, flooding
or other seasonal events that can be anticipated
and may occur but that are not imminent are
not an emergency.
5. Construction or modification of navi-
gational aids such as channel markers and
anchor buoys.
6. Construction on shorelands by an
owner, lessee or contract purchaser of a single-
family residence for their own use or for the
use of their family, which residence does not
exceed a height of 25 feet above average grade
level and which meets all requirements of the
state agency or local government having juris-
diction thereof, other than requirements
imposed pursuant to Chapter 90.58 RCW.
"Single-family residence" means a detached
dwelling designed for and occupied by one
family including those structures and develop-
ments within a contiguous ownership which
are a normal appurtenance as defined in ECDC
24.90.010(F). Construction authorized under
this exemption shall be located landward of the
ordinary high water mark.
7. Construction of a dock, including a
community dock, designed for pleasure craft
only, for the private noncommercial use of the
owner, lessee, or contract purchaser of single-
family and multiple -family residences.
A dock is a landing and moorage facility
for watercraft and does not include recre-
ational decks, storage facilities or other appur-
tenances. This exception applies if either:
a. In salt waters (Puget Sound), the
fair market value of the dock does not exceed
$2,500; or
b. In fresh waters (Lake Ballinger),
the fair market value of the dock does not
exceed: (i) $22,500 for docks that are con-
structed to replace existing docks, and are of
24-89 (Revised 12/19)
24.80.020
equal or lesser square footage than the existing
dock being replaced; or (ii) $11,200 for all
other docks constructed in fresh waters. How-
ever, if subsequent construction occurs within
five years of completion of the prior construc-
tion, and the combined fair market value of the
subsequent and prior construction exceeds the
amount specified above, the subsequent con-
struction shall be considered a substantial
development for the purpose of this chapter.
8. Operation, maintenance, or construc-
tion of canals, waterways, drains, reservoirs,
or other facilities that now exist or are hereaf-
ter created or developed as a part of an irriga-
tion system for the primary purpose of making
use of system waters, including return flow
and artificially stored ground water from the
irrigation of lands.
9. The marking of property lines or cor-
ners on state-owned lands, when such marking
does not significantly interfere with normal
public use of the surface of the water.
10. Operation and maintenance of any
system of dikes, ditches, drains, or other simi-
lar drainage or utility facilities existing on
September 8, 1975, which were created,
developed or utilized primarily as a part of an
agricultural drainage or diking system.
11. Any project with a certification from
the governor pursuant to Chapter 80.50 RCW.
12. Site exploration and investigation
activities that are prerequisite to preparation of
an application for development authorization
under this chapter, if:
a. The activity does not interfere with
the normal public use of the surface waters;
b. The activity will have no signifi-
cant adverse impact on the environment
including but not limited to fish, wildlife, fish
or wildlife habitat, water quality, and aesthetic
values;
c. The activity does not involve the
installation of any structure and, upon comple-
tion of the activity, the vegetation and land
configuration of the site are restored to condi-
tions existing before the activity;
d. A private entity seeking develop-
ment authorization under this section first
posts a performance bond or provides other
evidence of financial responsibility to the local
jurisdiction to ensure that the site is restored to
preexisting conditions; and
e. The activity is not subject to the
permit requirements of RCW 90.58.550.
13. The process of removing or con-
trolling aquatic noxious weeds, as defined in
RCW 17.26.020, through the use of an herbi-
cide or other treatment methods applicable to
weed control that are recommended by a final
environmental impact statement published by
the Department of Agriculture or the Depart-
ment of Ecology jointly with other state agen-
cies under Chapter 43.21 C RCW.
14. Watershed restoration projects as
defined in WAC 173-27-040(2)(o). The
administrator shall review the projects for con-
sistency with the shoreline master program in
an expeditious manner and shall issue its deci-
sion along with any conditions within 45 days
of receiving all materials necessary to review
the request for exemption from the applicant.
No fee may be charged for accepting and pro-
cessing requests for exemption for watershed
restoration projects as used in this section.
15. Consistent with WAC 173-27-040, a
public or private project designed to improve
fish or wildlife habitat or fish passage that con-
forms to the provisions of RCW 77.55.181.
16. The external or internal retrofitting
of an existing structure with the exclusive pur-
pose of compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.) or to otherwise provide physical access
to the structure by individuals with disabilities.
[Ord. 4150 § 2 (Exh. 1), 2019; Ord. 4072 § 1
(Att. A), 2017].
24.80.020 Letter of exemption.
A. The administrator is hereby authorized
to grant or deny requests for letters of exemp-
tion from the shoreline substantial develop-
ment permit requirement for uses and
developments with shorelines that are specifi-
(Revised 12/19) 24-90
Edmonds Community Development Code
24.80.025
cally listed in ECDC 24.80.010(B). The letter
of exemption shall indicate the specific
exemption of this program that is being
applied to the development, and shall provide
a summary of the administrator's analysis of
the consistency of the project with this master
program and the Shoreline Management Act.
As appropriate, such letters of exemption may
contain conditions and/or mitigating measures
of approval to achieve consistency and com-
pliance with the provisions of this master pro-
gram and the Shoreline Management Act. A
denial of an exemption shall be in writing and
shall identify the reason(s) for the denial. The
administrator's actions on the issuance of a let-
ter of exemption or a denial are subject to
appeal pursuant to ECDC 24.80.110(C).
B. A letter of exemption shall be prepared
addressed to the applicant/proponent and the
Washington State Department of Ecology,
pursuant to the requirement of WAC 173-27-
050 when the project is subject to one or more
of the following federal permitting require-
ments:
1. A U.S. Army Corps of Engineers Sec-
tion 10 permit under the Rivers and Harbors
Act of 1899 (the provisions of Section 10 of
the Rivers and Harbors Act generally apply to
any project occurring on or over navigable
waters. Specific applicability information
should be obtained from the Corps of Engi-
neers); or
2. A Section 404 permit under the Fed-
eral Water Pollution Control Act of 1972. (The
provisions of Section 404 of the Federal Water
Pollution Control Act generally apply to any
project which may involve discharge of dredge
or fill material to any water or wetland area.
Specific applicability information should be
obtained from the Corps of Engineers.)
C. Apart from the activities listed in sub-
section (B) of this section, no letter of exemp-
tion shall be required for other uses or
developments exempt pursuant to ECDC
24.80.010 unless the administrator has cause
to believe a substantial question exists as to
qualification of the specific use or develop-
ment for the exemption, an applicant requests
a letter of exemption, or the administrator
determines there is a likelihood of adverse
impacts to shoreline ecological functions.
[Ord. 4072 § 1 (Att. A), 2017].
24.80.025 Developments not required to
obtain shoreline permits or
local reviews.
Requirements to obtain a substantial devel-
opment permit, conditional use permit, vari-
ance, letter of exemption, or other review to
implement the Shoreline Management Act do
not apply to the following:
A. Remedial Actions. Pursuant to RCW
90.58.355, any person conducting a remedial
action at a facility pursuant to a consent
decree, order, or agreed order issued pursuant
to Chapter 70.105D RCW, or to the Depart-
ment of Ecology when it conducts a remedial
action under Chapter 70.105D RCW.
B. Boatyard Improvements to Meet
NPDES Permit Requirements. Pursuant to
RCW 90.58.355, any person installing site
improvements for stormwater treatment in an
existing boatyard facility to meet requirements
of a National Pollutant Discharge Elimination
System stormwater general permit.
C. WSDOT Facility Maintenance and
Safety Improvements. Pursuant to RCW
90.58.356, Washington State Department of
Transportation projects and activities meeting
the conditions of RCW 90.58.356 are not
required to obtain a substantial development
permit, conditional use permit, variance, letter
of exemption, or other local review.
D. Projects consistent with an environmen-
tal excellence program agreement pursuant to
RCW 90.58.045.
E. Projects authorized through the Energy
Facility Site Evaluation Council process, pur-
suant to Chapter 80.50 RCW. [Ord. 4150 § 2
(Exh. 1), 2019].
24-91 (Revised 12/19)
24.80.030
24.80.030 Review criteria for all
development.
No authorization to undertake use or devel-
opment on shorelines of the state shall be
granted unless upon review the use or develop-
ment is determined to be consistent with the
policy and provisions of the Shoreline Man-
agement Act and the city of Edmonds shore-
line master program. [Ord. 4072 § 1 (Att. A),
2017].
24.80.040 Substantial development
permit criteria.
A. A substantial development permit shall
be required for all proposed use and develop-
ment of shorelines unless the proposal is spe-
cifically exempt pursuant to ECDC 24.80.010.
B. In order for a substantial development
permit to be approved, the decision maker
must find that the proposal is consistent with
the following criteria:
1. All regulations of the city of
Edmonds shoreline master program appropri-
ate to the shoreline designation and the type of
use or development proposed shall be met,
except those bulk and dimensional standards
that have been modified by an approval of a
shoreline variance under ECDC 24.80.060.
2. All policies of the city of Edmonds
shoreline master program appropriate to the
shoreline designation and the type of use or
development proposed shall be considered and
substantial compliance demonstrated. [Ord.
4072 § 1(Att. A), 2017].
24.80.050 Conditional use permit criteria.
A. The purpose of a conditional use permit
is to provide greater flexibility in the adminis-
tering of use regulations of this master pro-
gram in a manner consistent with the policies
of RCW 90.58.020. In authorizing a condi-
tional use, special conditions may be attached
to the permit by the city or the Department of
Ecology to prevent undesirable effects of the
proposed use and/or to assure consistency of
the project with the Shoreline Management
Act and this master program.
B. Uses specifically classified or set forth
in the master program as conditional uses may
be authorized; provided, that the applicant
demonstrates all of the following:
1. That the proposed use is consistent
with the policies of RCW 90.58.020 and the
master program;
2. That the proposed use will not inter-
fere with the normal public use of public
shorelines;
3. That the proposed use of the site and
design of the project is compatible with other
authorized uses within the area and with uses
planned for the area under the comprehensive
plan and shoreline master program;
4. That the proposed use will cause no
significant adverse effects to the shoreline
environment in which it is to be located; and
5. That the public interest suffers no
substantial detrimental effect.
C. Uses which are not specifically identi-
fied as an allowed use or uses which are specif-
ically prohibited by this master program may
not be authorized pursuant to subsection (B) of
this section.
D. In the granting of all conditional use per-
mits, consideration shall be given to the cumu-
lative impact of additional requests for like
actions in the area. For example, if conditional
use permits were granted for other develop-
ments in the area where similar circumstances
exist, the total of the conditional uses shall also
remain consistent with the policies of RCW
90.58.020 and shall not produce substantial
adverse effects to the shoreline environment.
[Ord. 4072 § 1 (Att. A), 2017].
24.80.060 Variance permit criteria.
A. The purpose of a variance permit is
strictly limited to granting relief from specific
bulk, dimensional or performance standards
set forth in this master program where there are
extraordinary circumstances relating to the
physical character or configuration of property
such that the strict implementation of this mas-
ter program will impose unnecessary hard-
ships on the applicant or thwart the policies set
(Revised 12/19) 24-92
Edmonds Community Development Code
24.80.060
forth in RCW 90.58.020. Variances from the
use regulations of this master program are pro-
hibited.
B. Variances will be granted in circum-
stances where the denial of the permit would
result in a thwarting of the policy enumerated
in RCW 90.58.020. In all instances the appli-
cant must demonstrate that extraordinary cir-
cumstances exist and that the public interest
shall suffer no substantial detrimental effect.
C. Variance permits for development
and/or uses that will be located landward of the
ordinary high water mark (OHWM) may be
authorized provided the applicant can demon-
strate all of the following:
1. That the strict application of the bulk,
dimensional or performance standards set
forth in the applicable master program pre-
cludes, or significantly interferes with, lawful,
reasonable use of the property;
2. That the hardship described in sub-
section (C)(1) of this section is specifically
related to the property, and is the result of
unique conditions such as irregular lot shape,
size, or natural features and the application of
this master program, and not, for example,
from deed restrictions or the applicant's own
actions or those of a predecessor in title;
3. That the design of the project is com-
patible with other authorized uses within the
area and with uses planned for the area under
the comprehensive plan and shoreline master
program and will not cause adverse impacts to
the shoreline environment;
4. That the variance will not constitute a
grant of special privilege not enjoyed by the
other properties in the area;
5. That the variance requested is the
minimum necessary to afford relief; and
6. That the public interest will suffer no
substantial detrimental effect.
D. Variance permits for development
and/or uses that will be located waterward of
the ordinary high water mark (OHWM) may
be authorized provided the applicant can
demonstrate all of the following:
1. That the strict application of the bulk,
dimensional or performance standards set
forth in the applicable master program pre-
cludes all reasonable use of the property;
2. That the proposal is consistent with
the criteria established under subsections
(C)(1) through (6) of this section; and
24-92.1 (Revised 12/19)
This page left intentionally blank.
(Revised 12/19) 24-92.2
Edmonds Community Development Code
24.80.110
ing: natural gas, electricity, telephone, water,
or sewer;
2. Will serve an existing use in compli-
ance with this chapter; and
3. Will not extend more than 2,500 lin-
ear feet within the shorelines of the state. [Ord.
4072 § 1(Att. A), 2017].
24.80.095 Shoreline restoration projects —
Relief from shoreline master
program development
standards and use regulations.
The city may grant relief from shoreline
master program development standards and
use regulations resulting from shoreline resto-
ration projects within urban growth areas con-
sistent with criteria and procedures in WAC
173-27-215. [Ord. 4150 § 2 (Exh. 1), 2019].
24.80.100 Public hearings.
A. The administrator shall determine
whether an application requires a public hear-
ing pursuant to the criteria below no later than
15 days after the minimum public comment
period provided by ECDC 24.80.080(B). An
open record public hearing shall be required
for all of the following:
1. The proposal is determined to have a
significant adverse impact on the environment
and an environmental impact statement is
required in accordance with the State Environ-
mental Policy Act; or
2. The proposal requires a variance
and/or conditional use approval pursuant to
this master program; or
3. The use or development requires an
open record public hearing for other city of
Edmonds approvals or permits; or
4. The city receives a request from any
interested person within 14 days of the date of
the notice of application and the public hearing
request is accompanied by a hearing fee, to be
paid by the person(s) requesting the hearing, in
the amount of 50 percent of the difference
between the Type II and Type III application
fees.
B. When a public hearing is triggered pur-
suant to subsection (A)(4) of this section, the
project applicant shall pay the other 50 percent
of the difference between the Type II and Type
III application fees, on top of the previously
paid Type II application fee. The applicant
shall pay this fee within 30 days of notice from
the city that the fee is due. If the applicant fails
to pay the additional fee within the required
30-day period, the application for the project
shall be deemed withdrawn. The city shall not
schedule the public hearing until the additional
fee has been paid. For these public hearings,
the cost of the hearing examiner shall be borne
by the city. [Ord. 4150 § 2 (Exh. 1), 2019; Ord.
4072 § 1(Att. A), 2017].
24.80.105 Special procedures for WSDOT
projects.
A. Permit Review Time for Projects on a
State Highway. Pursuant to RCW 47.01.485,
the Legislature established a target of 90 days'
review time for local governments.
B. Optional Process Allowing Construction
to Commence 21 Days after Date of Filing.
Pursuant to RCW 90.58.140, Washington
State Department of Transportation projects
that address significant public safety risks may
begin 21 days after the date of filing if all com-
ponents of the project will achieve no net loss
of shoreline ecological functions. [Ord. 4150
§ 2 (Exh. 1), 2019].
24.80.110 Notice of decision,
reconsideration, and appeals.
A. Notice of Decision.
1. Within five days of a decision for
action on a shoreline substantial development
permit, shoreline conditional use permit, or
shoreline variance, the administrator shall mail
or hand deliver a copy of the final decision to
the following:
a. The applicant/proponent;
b. Any person(s) who have filed a
written request for a copy of the decision;
24-95 (Revised 12/19)
24.80.120
c. All persons who submitted sub-
stantive written comments on the application;
and
d. The Department of Ecology.
2. The notice of decision in subsections
(A)(1)(a) through (c) of this section shall
include findings and conclusions, and a state-
ment of the SEPA threshold determination and
the procedures for an appeal (if any) of the per-
mit decision or recommendation.
3. Decisions filed with the Department
of Ecology shall contain the following infor-
mation:
a. A copy of the complete applica-
tion;
b. Findings and conclusions that
establish the basis for the decision including
but not limited to identification of shoreline
environment designation(s), applicable master
program policies and regulations and the con-
sistency of the project with appropriate review
criteria for the type of permit(s);
c. The final decision reached by the
city of Edmonds on the proposal;
d. A completed permit data sheet in
the form provided in WAC 173-27-990 or
hereafter amended.
e. Where applicable, the city of
Edmonds shall also file the applicable docu-
ments required by SEPA, or in lieu thereof, a
statement summarizing the actions and dates
of such actions taken under Chapter 43.21 C
RCW.
B. Reconsideration. The applicant/propo-
nent or any party of record may request recon-
sideration of any final action by the decision
maker within 10 days of the decision. Grounds
for reconsideration must be based upon the
content of the written decision. The decision
maker is not required to provide a written
response or modify his/her original decision.
He/she may initiate such action as he/she
deems appropriate. The procedure of reconsid-
eration shall not preempt or extend the appeal
period for a permit or affect the date of filing
with the Department of Ecology, unless the
applicant/proponent requests the abeyance of
said permit appeal period in writing within 10
days of a final action.
C. Appeals.
1. Local appeals of decision by the
shoreline administrator or the hearing exam-
iner shall be pursuant to the procedure and
timelines of Chapters 20.01, 20.06, and 20.07
ECDC.
2. Appeals of a final decision of the city
of Edmonds or the Department of Ecology
shall be filed within 21 days of the date of fil-
ing of the final permit and shall be heard by the
shorelines hearings board pursuant to the pro-
cedures and timelines of RCW 90.58.180.
[Ord. 4072 § 1 (Att. A), 2017].
24.80.120 Initiation of development.
A. Development pursuant to a shoreline
substantial development permit, shoreline con-
ditional use permit, or shoreline variance shall
not begin and shall not be authorized until 21
days after the "date of filing" or until all
review proceeding before the shoreline hear-
ings board have terminated.
B. Date of Filing.
1. "Date of filing" of a substantial devel-
opment permit is the date of actual receipt of
the decision by the Department of Ecology.
2. The "date of filing" for a shoreline
conditional use permit or a shoreline variance
shall mean the date the permit decision ren-
dered by the Department of Ecology is trans-
mitted by the Department to the city of
Edmonds and the applicant/proponent. [Ord.
4072 § 1 (Att. A), 2017].
24.80.130 Revisions.
A. A revision is required when an applicant
proposes substantive changes to the design,
terms, or conditions of an approved permit.
Changes are "substantive" if they materially
alter the project in a manner that relates to its
conformance to the terms and conditions of the
permit, this master program, or the Shoreline
Management Act. Changes, which the admin-
istrator determines are not substantive, do not
require approval of a revision.
(Revised 12/19) 24-96
Edmonds Community Development Code
24.80.140
B. When a permit revision is required, the
applicant shall submit detailed plans and text
describing the proposed changes. If the admin-
istrator determines that the revisions proposed
are within the scope and intent of the original
permit, the administrator may approve the
revision as a Type II decision.
C. "Within the scope and intent of the orig-
inal permit" means all of the following:
1. No additional overwater construction
is involved except that pier, dock, or float con-
struction may be increased by 500 square feet
or 10 percent from the provisions of the origi-
nal permit, whichever is less;
2. Ground area coverage and height may
be increased a maximum of 10 percent from
the provisions of the original permit;
3. The revised permit does not authorize
development to exceed height, lot coverage,
setback, or any other requirements of the appli-
cable master program except as authorized
under a variance granted as the original permit
or a part thereof;
4. Additional or revised landscaping is
consistent with any conditions attached to the
original permit and with the applicable master
program;
5. The use authorized pursuant to the
original permit is not changed; and
6. No adverse environmental impact
will be caused by the project revision.
D. If the sum of the proposed revision and
any previously approved revisions do not meet
the criteria in subsection (C) of this section, an
application for a new shoreline permit must be
submitted.
E. If the revision involves a shoreline con-
ditional use permit or shoreline variance,
which was conditioned by the Department of
Ecology, the revision also must be reviewed
and approved by the Department of Ecology.
Under the requirements of WAC 173-27-
110(6), the Department of Ecology shall ren-
der and transmit to the city of Edmonds and the
applicant its final decision with 15 days of the
date of the department's receipt of the submit-
tal from the city of Edmonds. The city of
Edmonds shall notify parties of record of the
Department's final decision.
F. Revision approvals, including the
revised site plans, a detailed description of the
authorized changes, and the final ruling on
consistency with this section shall be filed with
the Department of Ecology. In addition, the
city of Edmonds shall notify parties of record
of the revision.
G. Revisions to shoreline permits may be
authorized after the original authorization has
expired. Revisions made after the expiration of
the original permit shall be limited to changes
that are consistent with this master program
and that would not require a permit under this
master program. If the proposed change is a
substantial development as defined by this
master program, then a new permit is required.
The provisions of this subsection shall not be
used to extend the time requirements or to
authorize substantial development beyond the
time limits or scope of the original permit.
H. Appeals on revisions shall be in accor-
dance with RCW 90.58.180 and shall be filed
within 21 days from the date of receipt of the
city of Edmonds's action by the Department of
Ecology or, when appropriate under subsec-
tion (E) of this section, the date the Depart-
ment of Ecology's final decision is transmitted
to local government and the applicant. Appeals
shall be based only upon contentions of non-
compliance with the provisions of subsection
(C) of this section. Construction undertaken
pursuant to that portion of a revised permit not
authorized under the original permit is at the
applicant's own risk until the expiration of the
appeals deadline. If an appeal is successful in
proving that a revision is not within the scope
and intent of the original permit, the decision
shall have no bearing on the original permit.
[Ord. 4072 § 1 (Att. A), 2017].
24.80.140 Time requirements of shoreline
permits.
A. The following time requirements shall
apply to all substantial development permits
and to any development authorized pursuant to
24-97 (Revised 12/19)
24.80.150
a shoreline conditional use permit or shoreline
variance:
1. Construction activities shall be com-
menced or, where no construction activities
are involved, the use or activity shall be com-
menced within two years of the effective date
of a substantial development permit. However,
the city of Edmonds may authorize a single
extension for a period not to exceed one year
based on reasonable factors, if a request for
extension has been filed before the expiration
date and notice of the proposed extension is
given to parties of record on the substantial
development permit and to the Department of
Ecology.
2. Authorization to conduct develop-
ment activities shall terminate five years after
the effective date of a substantial development
permit. However, the city of Edmonds may
authorize a single extension for a period not to
exceed one year based on reasonable factors, if
a request for extension has been filed before
the expiration date and notice of the proposed
extension is given to parties of record and to
the Department of Ecology.
3. The effective date of a substantial
development permit shall be the date of filing
as provided in ECDC 24.80.120(B). The per-
mit time periods in subsections (A)(1) and (2)
of this section do not include the time during
which a use or activity was not actually pur-
sued due to the pendency of administrative
appeals or legal actions or due to the need to
obtain any other government permits and
approvals for the development that authorize
the development to proceed, including all rea-
sonably related administrative or legal actions
on any such permits or approvals.
4. Authorization to conduct develop-
ment activities pursuant to a shoreline permit
issued by the city of Edmonds shall expire five
years after the date of issuance provided the
activity was not pursued due to the pendency
of administrative appeals or legal action. How-
ever, the city of Edmonds may authorize a sin-
gle extension for a period not to exceed one
year based on reasonable factors.
B. Notwithstanding the time limits estab-
lished in subsections (A)(1) and (2) of this sec-
tion, upon finding of good cause based on the
requirements and circumstances of the pro-
posed project and consistent with the policies
and provisions of this master program and the
Shoreline Management Act, the administrator
or hearing examiner as appropriate may set
different time limits for a particular substantial
development permit as part of the action to
approve the permit. The hearing examiner may
also set different time limits on specific condi-
tional use permits or variances with the
approval of the Department of Ecology. The
different time limits may be longer or shorter
than those established in subsections (A)(1)
and (2) of this section but shall be appropriate
to the shoreline development or used under
review. "Good cause based on the require-
ments and circumstances of the proposed proj-
ect" shall mean that the time limits established
for the project are reasonably related to the
time actually necessary to perform the devel-
opment on the ground and complete the project
that is being permitted, and/or are necessary
for the protection of shoreline resources.
C. The administrator or hearing examiner
as appropriate shall notify the Department of
Ecology in writing of any change to the effec-
tive date of a permit with an explanation of the
basis for approval of the change. Any change
to the time limits of a permit other than those
authorized by subsections (A) and (B) of this
section shall require a new permit application.
[Ord. 4072 § 1 (Att. A), 2017].
24.80.150 Administrative authority and
responsibility.
A. Shoreline Administrator. The shoreline
administrator shall be the planning manager or
his/her designee and is vested with the follow-
ing authority and responsibility to:
1. Have overall administrative responsi-
bility for this master program;
(Revised 12/19) 24-98
Edmonds Community Development Code
24.80.170
2. Determine if a public hearing should
be held on a shoreline permit application by
the hearing examiner pursuant to ECDC
24.80.100;
3. Grant or deny written permit exemp-
tions from shoreline substantial development
permit requirements of this master program;
4. Authorize, approve or deny shoreline
substantial development permits, except for
those for which a public hearing is required
pursuant to ECDC 24.80.100;
5. Make written recommendation to the
hearing examiner or city council as appropri-
ate and, insofar as possible, in order to assure
that all relevant information, testimony, and
questions regarding a specific matter are made
available during their respective reviews of
such matter;
6. Review and evaluate the records of
project review actions (permits and exemp-
tions) in shoreline areas and report on the
cumulative effects of authorized development
of shoreline conditions at a minimum every
eight years when this master program is
updated. The administrator shall coordinate
such review with the Washington State
Department of Ecology, Washington State
Department of Fish and Wildlife, and other
interested parties;
7. Advise interested citizens and project
proponents of the goals, policies, regulations
and procedures of this master program; and
8. Make administrative decisions and
interpretations of the policies and regulations
of this master program and the Shoreline Man-
agement Act.
B. Hearing Examiner. The hearing exam-
iner is vested with the following authority:
1. To grant or deny shoreline substantial
development permits requiring public hearings
pursuant to ECDC 24.80.100;
2. To grant or deny shoreline condi-
tional use permits under this master program;
3. To grant or deny variances from this
master program; and
4. To decide on appeals of administra-
tive decisions issued by the administrator of
this master program in accordance with proce-
dures set forth in ECDC Title 20.
C. City Council.
1. The Edmonds city council is vested
with the authority to approve any revisions or
amendments to this master program in accor-
dance with the applicable requirements of the
Shoreline Management Act and the Washing-
ton Administrative Code.
2. To become effective, any amendment
to this master program must be reviewed and
adopted by the Department of Ecology pursu-
ant to RCW 90.58.190 and Chapter 173-26
WAC.
3. The city council will conduct the peri-
odic review process consistent with the
requirements of RCW 90.58.080 and WAC
173-26-090. [Ord. 4150 § 2 (Exh. 1), 2019;
Ord. 4072 § 1 (Att. A), 2017].
24.80.160 Compliance.
Failure to comply with the conditions of
approval associated with a shoreline permit
shall cause the permit to immediately become
void and any continuation of the use activity
shall be considered a violation of this master
program and a public nuisance subject to
enforcement proceedings. [Ord. 4072 § 1 (Att.
A), 2017].
24.80.170 Enforcement.
Procedures for investigation and notice of
violation, compliance, and the imposition of
penalties for the violation of any requirements
of this master program shall be consistent with
provisions in ECDC 20.110.040, Part II of
Chapter 173-27 WAC, and RCW 90.58.210
and 90.58.220. [Ord. 4072 § 1 (Att. A), 2017].
24-99 (Revised 12/19)
24.90.000
Chapter 24.90
DEFINITIONS
Sections:
24.90.000
General information.
24.90.010
Definitions
— A to B.
24.90.020
Definitions
— C to F.
24.90.030
Definitions
— G to O.
24.90.040
Definitions
— P to R.
24.90.050
Definitions
— S to T.
24.90.060
Definitions
— U to Z.
24.90.000 General information.
A. For the purpose of this master program,
certain terms and their derivations shall be
construed as specified in this chapter. Some
terms used in this master program may have a
different definition and application under other
city of Edmonds regulations. Words in the sin-
gular include the plural, the plural the singular.
The words "shall," "will" and "must" are man-
datory; the word "may" is permissive.
"Should" means that the particular action is
required unless there is a demonstrated, com-
pelling reason, based on policy of the Shore-
line Management Act and this master program,
against taking the action. Additional defini-
tions applicable to this master program and
adopted by reference herein are found in Chap-
ter 90.58 RCW and Chapters 173-26 and 173-
27 WAC. The following definitions apply
throughout this program, unless otherwise
indicated.
B. If a definition is not included here, the
city shall rely on definitions found in applica-
ble citations in the Revised Code of Washing-
ton (RCW), Washington Administrative Code
(WAC), the Edmonds Community Develop-
ment Code (ECDC), and finally a standard dic-
tionary, in that order. In case of conflict with
the ECDC, the definition within the RCW,
WAC, and/or this master program shall pre-
vail. [Ord. 4072 § 1 (Att. A), 2017].
24.90.010 Definitions — A to B.
A. "Abandoned" means knowing relin-
quishment of right or claim to the subject prop-
erty or structure on that property.
B. "Accessory" means a use, activity,
structure or part of a structure which is demon-
strably subordinate and incidental to the main
activity or structure on the subject property.
C. "Accessory building" means one which
is subordinate to the main building, and is inci-
dental to the use of the main building on the
same lot.
D. "Alteration(s)" means a change or rear-
rangement of the structural parts of existing
facilities or an enlargement by extending the
sides or increasing the height or depth or the
moving from one location to another.
E. "Applicant" means a person who applies
for any permit or approval to do anything gov-
erned by this code and who is either the owner
of the subject property, the authorized agent of
the owner, or the city.
F. "Appurtenance" means a structure or
development which is necessarily connected to
the use and enjoyment of a single-family resi-
dence and is located landward of the ordinary
high water mark and also of the perimeter of
any marsh, bog, or swamp. See also "Normal
appurtenances."
G. "Aquaculture" means the farming or
culture of food fish, shellfish, or other aquatic
plants or animals any may require develop-
ment such as fish hatcheries, rearing pens and
structures, and shellfish rafts, as well as use of
natural spawning and rearing areas. Aquacul-
ture does not include the harvest of free-swim-
ming fish or the harvest of shellfish not
artificially planted or maintained.
H. "Aquaculture practices" means any
activity directly pertaining to growing, han-
dling, or harvesting or aquaculture produce,
including, but not limited to, propagation,
stocking, feeding, disease treatment, waste
disposal, water use, development of habitat
and structures. Excluded from this definition
are related commercial or industrial uses such
(Revised 12/19) 24-100
Edmonds Community Development Code
24.90.020
as wholesale and retail sales, or final process-
ing and freezing.
I. "Average grade level" means the average
of the natural or existing topography of the
portion of the lot, parcel, or tract of real prop-
erty which will be directly under the proposed
building or structure. In the case of structures
to be built over water, average grade level shall
be the elevation of the ordinary high water
mark. Calculation of the average grade level
shall be made by averaging the ground eleva-
tions at the midpoint of all exterior walls of the
proposed building or structure.
J. "Average parcel depth" means the aver-
age of the distances from the ordinary high
water mark to the street providing direct access
to the subject property as measured along the
side property lines or the extension of those
lines where the water frontage of the subject
property ends, the center of the ordinary high
water mark of the subject property and the
quarter points of the ordinary high water mark
of the subject property.
K. "Average parcel width" means the aver-
age of the distances between side property
lines as measured along the ordinary high
water mark and the front property line.
L. `Backfill" means material placed into an
excavated area, pit, trench or behind a con-
structed retaining wall, rockery or foundation.
M. "Boat launch or ramp" means graded
slopes, slabs, pads, planks, or rails used for
launching boats by means of a trailer, hand, or
mechanical device.
N. "Buoy" means a floating object
anchored to the bottom of a water body.
O. "Breakwater" means an offshore struc-
ture generally aligned parallel to shore, some-
times shore -connected, that provides
protection from waves.
P. "Buffer" means the area adjacent to a
critical area and/or shoreline that is required
for the continued maintenance, function,
and/or structural stability of the critical area
and/or shoreline. Buffer widths vary depend-
ing on the relative quality and sensitivity of the
area being protected. Unlike zoning or shore
setbacks, buffer areas are intended to be left
undisturbed, or may need to be enhanced to
support natural processes, functions and val-
ues.
Q. "Building" means any structure having a
roof, excluding all forms of vehicles even
though immobilized.
R. "Building setback" means the distance
all buildings, uses and other structures shall be
set back from the outer or upland edge of the
approved buffer. The following may be
allowed in the building setback area:
1. Landscaping;
2. Building overhangs, if such over-
hangs do not extend more than 30 inches into
the setback area.
S. `Bulkhead" means a retaining wall
whose primary purpose is to hold or prevent
the backfill from sliding while providing pro-
tection against light -to -moderate wave action.
[Ord. 4072 § 1 (Att. A), 2017].
24.90.020 Definitions — C to F.
A. "City" means the city of Edmonds, a
municipal corporation.
B. "Commercial use" means an activity
with goods, merchandise, or services offered
for sale or rent.
C. "Comprehensive plan" means the com-
prehensive plan of the city of Edmonds and all
elements thereof as amended or, if repealed, its
successor document, listing the goals and pol-
icies regarding land use within the city.
D. "Contour line" means a line on a map or
on the earth representing a specific elevation
above sea level or an elevation relative to a
specific datum point.
E. "Coverage" means the total ground cov-
erage of all buildings or structures on a site
measured from the outside of external walls or
supporting members or from a point two and
one-half feet in from the outside edge of a can-
tilevered roof, whichever covers the greatest
area.
F. "Critical areas" include the following
areas and ecosystems: (1) wetlands; (2) areas
with a critical recharging effect on aquifers
24-101 (Revised 12/19)
24.90.020
used for potable water; (3) fish and wildlife
habitat conservation areas; (4) frequently
flooded areas; and (5) geologically hazardous
areas designated through the Edmonds critical
area ordinance.
G. "Cross-section (drawing)" means a
visual representation of a vertical cut through
a structure or any other three-dimensional
form.
H. "Dedication" means the deliberate
granting of an interest in land by an owner for
public use or purpose, reserving no other rights
than those that are compatible with the full
exercise and enjoyment of the public use or
purpose to which the property has been
devoted.
I. "Development" means a use consisting
of the construction or exterior alteration of
structures; dredging; drilling; dumping; grad-
ing; filling; removal of any sand, gravel, or
minerals; bulkheading; driving of piling; plac-
ing of obstructions; or any project of a perma-
nent or temporary nature which interferes with
the normal public use of the surface of the
waters overlying lands subject to the Act at any
stage of water level. "Development" does not
include dismantling or removing structures if
there is no other associated development or
redevelopment.
I "Development permit" means any permit
or approval under this code or the ECDC that
must be issued before initiating a use or devel-
opment activity.
K. "Dock" means a structure designed to
protrude overwater or float upon the water, and
which is attached to the shoreline and is used
for moorage or other water -related activity
such as swimming or diving.
L. "Dredging" means removal of earth and
other materials from the bottom of a body of
water or from a wetland.
M. "Dredging spoils" means the earth and
other materials removed from the floor of a
body of water or wetland by the dredging pro-
cess.
N. "Drift cell," "drift sector," or "littoral
cell" means a particular reach of marine shore
in which littoral drift may occur without sig-
nificant interruption and which contains any
natural sources of such drift and also accretion
shore forms created by such drift.
O. "Dry land" means the area of the subject
property landward of the ordinary high water
mark.
P. "Dwelling unit" means a building pro-
viding complete housekeeping facilities for
one family. Dwelling unit does not include rec-
reational vehicles or mobile homes.
Q. "Dwelling unit, attached" means a
dwelling unit that has one or more vertical
walls in common with or attached to one or
more other dwelling units or other uses and
does not have other dwelling units or uses
above or below it, excluding lawfully permit-
ted accessory dwelling units.
R. "Dwelling unit, detached" means a
dwelling unit that is not attached or physically
connected to any other dwelling unit or other
use.
S. "Dwelling unit, stacked" means a dwell-
ing unit that has one or more horizontal walls
in common with or adjacent to one or more
other dwelling units or other uses and may
have one or more vertical walls in common
with or adjacent to one or more other dwelling
units or other uses, excluding lawfully permit-
ted accessory dwelling units.
T. "ECDC" means the Edmonds Commu-
nity Development Code.
U. "Easement" means land which has spe-
cific air, surface or subsurface rights conveyed
for use by an entity other than the owner of the
subject property or to benefit some property
other than the subject property.
V. "Ecological functions" or "shoreline
functions" means the work performed or role
played by the physical, chemical, and biologi-
cal processes that contribute to the mainte-
nance of the aquatic and terrestrial
environments that constitute the shoreline's
natural ecosystem. See WAC 173-26-
200(2)(c).
W. "Edmonds Community Development
Code (ECDC)" means Ordinance No. 2182 as
(Revised 12/19) 24-102
Edmonds Community Development Code
24.90.030
amended or, if repealed, its successor docu-
ment.
X. "Enhancement" means alteration of an
existing resource to improve or increase its
characteristics and processes without degrad-
ing other existing functions. Enhancements are
to be distinguished from resource creation or
restoration projects.
Y. "Environmentally sensitive areas"
means an area designated and mapped by a city
under WAC 197-11-908, as now or hereafter
amended. Certain categorical exemptions do
not apply within environmentally sensitive
areas (WAC 197-11-305 and 197-11-908, as
now or hereafter amended).
Z. "Erosion and deposition" means the
removal of soils and the placement of these
removed soils elsewhere by natural forces
such as wind or water.
AA. "Bxcavate(tion)" means the mechani-
cal removal of soils and/or underlying strata.
BB. "Feasible" means, for the purpose of
this chapter, that an action, such as a develop-
ment project, mitigation, or preservation
requirement, meets all of the following condi-
tions:
1. The action can be accomplished with
technologies and methods that have been used
in the past in similar circumstances, or studies
or test have demonstrated in similar circum-
stances that such approaches are currently
available and likely to achieve the intended
results;
2. The action provides a reasonable like-
lihood of achieving its intended purpose; and
3. The action does not physically pre-
clude achievement of the project's primary
intended legal use.
In cases where this master program
requires certain actions unless they are infeasi-
ble, the burden of proving infeasibility is on
the applicant.
In determining an action's infeasibility, the
city of Edmonds may weigh the action's rela-
tive public costs and public benefits, consid-
ered in the short- and long-term time frames.
CC. "Ferry terminal" means a combination
of waterward and upland improvements pro-
viding the interface between public/private
waterborne transportation and public/private
ground transportation.
DD. "Fill" means the addition of soil, sand,
rock, gravel, sediment, earth retaining struc-
ture, or other material (excluding solid waste)
to an area waterward of the OHWM, in wet-
lands, or on shoreland in a manner that raises
the elevation or creates dry land.
EE. "Fill material" means dirt, structural
rock or gravel, broken concrete and similar
structural substances customarily used to raise
the level of the ground, but excluding topsoil,
bark, ornamental rocks or gravel placed on the
surface of the ground.
FF. "Float, recreational" means an offshore
platform/buoy used for water -dependent activ-
ities such as, but not limited to, swimming and
diving.
GG. "Floodway" means the area that has
been established in effective Federal Emer-
gency Management Agency flood insurance
rate maps or floodway maps. The floodway
does not include lands that can reasonably be
expected to be protected from flood waters by
flood control devices maintained by or main-
tained under license from the federal govern-
ment, the state, or a political division of the
state. [Ord. 4150 § 2 (Exh. 1), 2019; Ord. 4072
§ 1 (Att. A), 2017].
24.90.030 Definitions — G to O.
A. "Gabions" means structures composed
of masses of rocks, rubble or masonry held
tightly together, usually by wire mesh, so as to
form blocks or walls; sometimes used on
heavy erosion areas to retard wave action or as
foundations for breakwaters or jetties.
B. "Geotechnical report" or "geotechnical
analysis" means a scientific study or evalua-
tion conducted by a qualified expert that
includes a description of the ground and sur-
face hydrology and geology, the affected land
form and its susceptibility to mass wasting,
erosion, and other geologic hazards or pro-
24-103 (Revised 12/19)
24.90.030
cesses, conclusions and recommendations
regarding the effect of the proposed develop-
ment on geologic conditions, the adequacy of
the site to be developed, the impacts of the pro-
posed development, alternative approaches to
the proposed development, and measures to
mitigate potential site -specific and cumulative
geological and hydrological impacts of the
proposed development; including the potential
adverse impacts to adjacent and down -current
properties. Geotechnical reports shall conform
to accepted technical standards and must be
prepared by qualified professional engineers
or geologists who have professional expertise
in both regional and local shoreline geology
and processes.
C. "Government facility" means the move-
ment or redistribution of the soil, sand, rock,
gravel, sediment, or other material on a site in
a manner that alters the natural contour of the
land.
D. "Grading" means the movement or
redistribution of the soil, sand, rock, gravel,
sediment, or other material on a site in a man-
ner that alters the natural contour of the land.
E. "Haines Wharf' means Lots 7 through
11 in the plat of Meadowdale Tidelands.
F. "Hotel" means any building containing
five or more separately occupied rooms that
are rented out for sleeping purposes. A central
kitchen and dining room and interior accessory
shops and services catering to the general pub-
lic can be provided. Not included are institu-
tions housing persons under legal restraint or
requiring medical attention or care.
G. "Improvement" means any structure or
manmade feature.
H. "Inner harbor line" means the line desig-
nated as such by the State Harbor Line Com-
mission pursuant to Article XV, Washington
State Constitution.
I. "Land surface modification" means the
clearing or removal of trees, shrubs, ground
cover and other vegetation, and all grading,
excavation and filling of materials. The
removal of overhanging vegetation and fire
hazards as specified in ECDC 18.45.030(E)
shall not be deemed to be land surface modifi-
cations.
J. "Landscaping" means the planting,
removal and maintenance of vegetation along
with the movement and displacement of earth,
topsoil, rock, bark and similar substances done
in conjunction with the planting, removal and
maintenance of vegetation.
K. "Landward" means upland from the
ordinary high water mark.
L. "Lot" means a single tract of land legally
created as a separate building site with front-
age on a street or access easement. For pur-
poses of this code the area of the lot used to
calculate lot area shall be the area of the lot
which is upland of the OHWM and adjoining
lots under common ownership which were cre-
ated without subdivision or short subdivision
approval from applicable city or county gov-
ernments. This lot area shall be considered as
one lot and subject to the regulations contained
herein. The terms of this section shall apply
regardless of whether the individual adjoining
lots meet current zoning requirements.
M. "Low impact development (LID)"
means a stormwater and land use management
strategy that strives to mimic predisturbance
hydrologic processes of infiltration, filtration,
storage, evaporation and transpiration by
emphasizing conservation, use of on -site natu-
ral features, site planning, and distributed
stormwater management practices that are
integrated into a project design.
N. "LID principles" means land use man-
agement strategies that emphasize conserva-
tion, use of on -site natural features, and site
planning to minimize impervious surfaces,
native vegetation loss, and stormwater runoff.
O. "Low impact development best manage-
ment practices" means distributed stormwater
management practices, integrated into a proj-
ect design, that emphasize predisturbance
hydrologic processes of infiltration, filtration,
storage, evaporation and transpiration. LID
BMPs include, but are not limited to, bioreten-
tion/rain gardens, permeable pavements, roof
downspout controls, dispersion, soil quality
(Revised 12/19) 24-104
Edmonds Community Development Code
24.90.030
and depth, vegetated roofs, minimum excava-
tion foundations, and water reuse.
P. "Marine launcher" means a mechanical
device that can hoist vessels off trailers and
transport them into the water and often is asso-
ciated with dry land moorage facilities.
Q. "Master plan" means a complete devel-
opment plan for the subject property showing
placement, dimensions and uses of all struc-
tures as well as streets and other areas used for
vehicular circulation.
R. "Mean sea level" means the level of
Puget Sound at zero tide as established by the
U.S. Army Corps of Engineers.
S. "Minor appurtenant building" means
minor buildings associated with overwater
structures including but not limited to the fol-
lowing: storage buildings less than 150 square
feet in area, ferry terminal passenger shelter,
covered moorage, etc.
T. "Mixed use developments" are shoreline
developments which combine more than one
separate but related activity into a coordinated
package. Activities usually include one or
more water -dependent uses with non -water -
dependent uses. Drive-in businesses are not
permitted.
U. "Modification" means an action under-
taken in support of or in preparation for a
shoreline use that modifies the physical con-
figuration or qualities of the shoreline area.
V. "Moorage" means a place to tie up or to
anchor a waterborne craft.
W. "Mooring buoy" means a floating
object anchored to the bottom of a water body
that provides tie-up capabilities for waterborne
craft.
X. "Moorage facility" means a pier, dock,
dolphin, buoy or other structure providing
docking or moorage space for waterborne
craft.
Y. "Motel" means a building containing
units which are used as individual sleeping
units having their own private toilet facilities
and sometimes their own kitchen facilities,
designed primarily for the accommodation of
transient automobile travelers. Accommoda-
tions for trailers are not included. This term
includes tourist court, motor lodge, auto court,
cabin court, motor hotel, motor inn and similar
names.
Z. "Multimodal terminal (facility)" means
a terminal (facility) designed for the co -loca-
tion of transportation loading and unloading
by multiple forms of transportation including
land, water or rail.
AA. "Nonconformance" means any use,
structure, lot, condition, activity, or any other
feature or element of private property or the
use or utilization of private property that does
not conform to any of the provisions of this
24-104.1 (Revised 12/19)
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(Revised 12/19) 24-104.2
Edmonds Community Development Code
Ordinance Table
4037 7/5/16 Amends Ch. 3.36; repeals Ch. 18.82,
impact fees (3.36)
4039 8/2/16
Amends Ch. 20.60, sign code (20.60)
4044 10/4/16
Amends Ch. 18.30, stormwater
management (18.30)
4058 2/21/17
Amends Ch. 17.95, commute trip reduction
(17.95)
4064 4/4/17
Amends Ch. 20.60, sign code (20.60)
4068 5/2/17
Amends § 18.00.050, apprentice
requirements for public works construction
projects (18.00)
4070 6/6/17
Adds Ch. 20.75 and § 21.30.032; amends
§ 21.100.040, unit lot subdivision and
definitions (20.75, 21.30, 21.100)
4072 6/ 13/ 17
Adds Title 24; amends § 20.01.003; repeals
Chs. 20.55 and 23.10, shoreline master
program (20.01, 24.10, 24.20, 24.30, 24.40,
24.50, 24.60, 24.70, 24.80, 24.90, 24.100)
4078 8/15/17
Amends Ch.16.60 and § 20.60.045, zoning
(16.60, 20.60)
4085 11/6/17
Adds § 21.55.070; amends §§ 9.20.020,
9.20.060, 9.20.070, 18.00.010(B),
18.45.050(H), 18.80.020(B), 18.95.020(C),
20.11.030(B), 20.13.010(H), 20.13.020,
20.13.030(E), 20.35.050(A), 20.35.090(C),
20.75.020, 22.100.050(B) and
22.100.090(B), low impact development
(9.20, 18.00, 18.45, 18.80, 18.95, 20.11,
20.13, 20.35, 20.75, 21.55, 22.100)
4106 4/17/18
Amends § 23.40.220, environmentally
critical areas (23.40)
4111 4/24/18
Amends § 19.00.025 and Ch. 19.25,
building and fire codes (19.00, 19.25)
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)
4150 5/7/19
Adds §§ 24.80.025, 24.80.095, 24.80.105
and 24.90.020(GG); amends §§ 24.40.020,
24.70.010, 24.70.020, 24.80.010,
24.80.100, 24.80.150 and 24.90.020(I),
shoreline master program (24.40, 24.70,
24.80, 24.90)
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 12/19)
Edmonds Community Development Code Interim and Moratorium Ordinance Table
Ord. Effective Expiration
No. Date Date Description
4157 8/5/19 2/5/20 Extends prohibition on installation of styrene-butadiene rubber on publicly owned athletic fields
(Not codified)
UM - 1 (Revised 12/19)
Edmonds Community Development Code
Shoreline master program
Shelters See Emergency temporary indoor shelters
under Zoning
Shoreline master program
See also Critical aquifer recharge areas;
Development permit applications;
Environmentally critical areas; Fish and wildlife
habitat conservation areas; Frequently flooded
areas; Geologically hazardous areas; Land use
plans, policies; SEPA; Wetlands
Administrative procedures 24.10.050
Applicability 24.10.020, 24.40.000, 24.60.000
Aquaculture 24.60.010
Archaeological, historic resources 24.40.010
Authority 24.10.010
Boating facilities 24.60.020
Bulk, dimensional standards 24.40.090
Commercial development, light industrial 24.60.030
Construction 24.10.040
Critical areas 24.40.020
Definitions
abandoned 24.90.010
accessory 24.90.010
accessory building 24.90.010
alteration(s) 24.90.010
applicant 24.90.010
appurtenance 24.90.010
aquaculture 24.90.010
aquaculture practices 24.90.010
attached dwelling unit 24.90.020
average grade level 24.90.010
average parcel depth 24.90.010
average parcel width 24.90.010
backfill 24.90.010
boat launch or ramp 24.90.010
breakwater 24.90.010
buffer 24.90.010
building 24.90.010
building setback 24.90.010
bulkhead 24.90.010
buoy 24.90.010
city 24.90.020
commercial use 24.90.020
comprehensive plan 24.90.020
contour line 24.90.020
coverage 24.90.020
critical areas 24.90.020
cross-section (drawing) 24.90.020
dedication 24.90.020
detached dwelling unit 24.90.020
development 24.90.020
development permit 24.90.020
dock 24.90.020
dredging 24.90.020
dredging spoils 24.90.020
drift cell 24.90.020
drift sector 24.90.020
dry land 24.90.020
dwelling unit 24.90.020
easement 24.90.020
ECDC 24.90.020
ecological functions 24.90.020
ecological restoration 24.90.040
Edmonds Community Development Code (ECDC)
24.90.020
enhancement 24.90.020
environmentally sensitive areas 24.90.020
erosion and deposition 24.90.020
excavate, excavation 24.90.020
feasible 24.90.020
ferry terminal 24.90.020
fill 24.90.020
fill material 24.90.020
floodway 24.90.020
front property line 24.90.040
gabions 24.90.030
generally 24.90.000
geotechnical analysis 24.90.030
geotechnical report 24.90.030
government facility 24.90.030
grading 24.90.030
Haines Wharf 24.90.030
hotel 24.90.030
improvement 24.90.030
inner harbor line 24.90.030
land surface modification 24.90.030
landscaping 24.90.030
landward 24.90.030
LID principles 24.90.030
littoral cell 24.90.030
lot 24.90.030
low impact development best management practices
24.90.030
low impact development (LID) 24.90.030
marine launcher 24.90.030
master plan 24.90.030
mean sea level 24.90.030
minor appurtenant building 24.90.030
mixed use developments 24.90.030
modification 24.90.030
moorage 24.90.030
moorage facility 24.90.030
mooring buoy 24.90.030
motel 24.90.030
multimodal terminal (facility) 24.90.030
nonconformance 24.90.030
normal appurtenances 24.90.030
off-street parking 24.90.030
office (use) 24.90.030
Index-13 (Revised 12/19)
Shoreline master program
official newspaper of the city 24.90.030
official notification boards of the city 24.90.030
OHWM 24.90.030
open space 24.90.030
ordinary high water mark 24.90.030
oriented 24.90.030
outer harbor line 24.90.030
parking area 24.90.040
parking space 24.90.040
pedestrian orientation 24.90.040
pier 24.90.040
planning division 24.90.040
planning manager 24.90.040
planning official 24.90.040
port 24.90.040
property line 24.90.040
public access 24.90.040
public access pier or boardwalk 24.90.040
public park 24.90.040
public right-of-way 24.90.040
public use area 24.90.040
public utility 24.90.040
railroad right-of-way 24.90.040
rear property line 24.90.040
recreational float 24.90.020
restaurant 24.90.040
restore, restoration 24.90.040
retail establishment 24.90.040
shore setback 24.90.050
shoreline areas 24.90.050
shoreline conditional use 24.90.050
shoreline functions 24.90.020
shoreline jurisdiction 24.90.050
Shoreline Management Act 24.90.050
shoreline master program (SMP) 24.90.050
shoreline modifications 24.90.050
shoreline variance 24.90.050
side property line 24.90.040
silt or sediment 24.90.050
stacked dwelling unit 24.90.020
street 24.90.050
structural alterations 24.90.050
structure 24.90.050
subject property 24.90.050
use, development and/or activity 24.90.060
vehicle holding area 24.90.060
water -dependent use 24.90.060
water -enjoyment use 24.90.060
water -oriented use 24.90.060
water -related use 24.90.060
waterward 24.90.060
wetlands 24.90.060
Development table
permitted uses 24.40.080
user guide 24.40.070
Environments
adoption criteria 24.30.010
aquatic environment 24.30.030
designation maps 24.30.020
introduction 24.30.000
natural environment 24.30.040
shoreline residential 24.30.060
urban conservancy environment 24.30.050
urban mixed use 24.30.070
urban railroad 24.30.080
Flood hazard reduction 24.40.030
Forest practices 24.60.040
Goals, policies
circulation element 24.20.040
conservation element 24.20.060
economic development element 24.20.010
flood damage prevention element 24.20.080
historic, cultural, scientific, educational element
24.20.070
introduction 24.20.000
public access element 24.20.020
recreational element 24.20.030
restoration element 24.20.110
shoreline use element 24.20.050
urban design element 24.20.100
views, aesthetics element 24.20.090
In -stream structures 24.60.050
Modification policies, regulations
applicability 24.50.000
breakwaters, jetties, groins, weirs 24.50.050
dredging, dredge material disposal 24.50.060
generally 24.50.010
habitat, natural systems restoration, enhancement
projects 24.50.070
moorage structures, facilities 24.50.030
landfill 24.50.040
shoreline stabilization 24.50.020
Nonconforming development
generally 24.70.020
local public facilities 24.70.050
lots 24.70.030
purpose 24.70.000
signs 24.70.040
uses 24.70.010
Organization 24.10.060
Permits
administrative authority, responsibility 24.80.150
application
minimum requirements 24.80.070
notice 24.80.080
compliance 24.80.160
criteria
conditional use 24.80.050
(Revised 12/19) Index-14
Edmonds Community Development Code
Wetlands
review 24.80.030
substantial development 24.80.040
variance 24.80.060
development initiation 24.80.120
enforcement 24.80.170
exceptions 24.80.025
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
shoreline restoration projects 24.80.095
special procedures
limited utility extensions, bulkheads 24.80.090
WSDOT projects 24.80.105
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
Index-15 (Revised 12/19)
Wireless communication facilities
Development standards
generally 23.50.040
mitigation requirements 23.50.050
subdivisions performance standards 23.50.060
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
(Revised 12/19) Index-16
Edmonds Community Development Code
Zoning
BP zone 16.53.010
RM zone 16.30.010
WMU zone 16.110.010
Arbors See Fences, hedges
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 12/19)
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(Revised 12/19) Index-16.2