Ordinance 4307ORDINANCE NO.4307
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 16.45 ECDC TO ALLOW DAY-CARE
CENTERS AS AN OUTRIGHT PERMITTED USE IN THE
NEIGHBORHOOD BUSINESS (BN) ZONE AND TO EXEMPT
ASSOCIATED OUTDOOR RECREATION SPACES FROM THE BN
ZONE OPERATING RESTRICTIONS THAT REQUIRE MOST USES
TO BE LOCATED WITHIN FULLY ENCLOSED BUILDINGS
WHEREAS, AD Shapiro Architects submitted a land use application (AMD2023-0001)
on behalf of Great Kids Academy to allow day-care centers as a primary permitted use in the
Neighborhood Business (BN) zone and to exempt associated outdoor recreation spaces from the
BN zone's operating restrictions; and
WHEREAS, an Edmonds Community Development Code (ECDC) amendment is a
"Type V" application, where staff makes a recommendation to the Planning Board, who
conducts a public hearing and forwards a recommendation to City Council; and
WHEREAS, the Planning Board held an open record public hearing on May 10, 2023,
and unanimously recommended approval of the amended language shown in Attachment A; and
WHEREAS, the City Council reviewed and discussed the Planning Board's
recommendation to amend Chapter 16.45 ECDC on May 16, 2023; and
WHEREAS, the City Council held the required public hearing for the "Type V" code
amendment on June 6, 2023; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 16.45 ECDC, entitled "BN — NEIGHBORHOOD BUSINESS,"
is hereby amended to read as shown on Attachment A hereto (new text is shown in underline;
deleted text is shown in
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK; TT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: June 16, 2023
PASSED BY THE CITY COUNCIL: June 20, 2023
PUBLISHED: June 23, 2023
EFFECTIVE DATE: June 28, 2023
ORDINANCE NO. 4307
2
SUMMARY OF ORDINANCE NO.4307
of the City of Edmonds, Washington
On the 20"' day of June, 2023, the City Council of the City of Edmonds, passed Ordinance No.
4307. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 16.45 ECDC TO ALLOW DAY-CARE
CENTERS AS AN OUTRIGHT PERMITTED USE IN THE
NEIGHBORHOOD BUSINESS (BN) ZONE AND EXEMPT
ASSOCIATED OUTDOOR RECREATION SPACES FROM THE BN
ZONE OPERATING RESTRICTIONS THAT REQUIRE MOST USES
TO LOCATED WITHIN FULLY ENCLOSED BUILDINGS
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of June, 2023.
S�
CITY CLER COTT PASSEY
1
EXHIBIT A
Chapter 16.45
BN — NEIGHBORHOOD BUSINESS
Sections:
16.45.000 Purposes.
16.45.010 Uses.
16.45.020 Site development standards.
16.45.030 Operating restrictions.
16.45.000 Purposes. _ SHARE
The BN zone has the following specific purposes in addition to the general purposes for business
and commercial zones listed in Chapter 16.40 ECDC:
A. To reserve areas, for those retail stores, offices, retail service establishments which offer goods
and services needed on an everyday basis by residents of a neighborhood area;
B. To ensure compact, convenient development patterns by allowing uses that are operated chiefly
within buildings.
16.45.010 Uses. SHARE
A. Permitted Primary Uses.
1. Single-family dwellings, as regulated in RS-6 zone;
2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial
garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those
uses requiring a conditional use permit as listed below;
3. Offices and outpatient clinics, excluding commercial kennels;
4. Dry cleaning stores and laundromats;
5. Small animal hospitals;
6. Churches, subject to the requirements of ECDC 17.100.020;
7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R);
8. Day-care centers
9.8-: Local public facilities designated and sited in the capital improvement plan, subject to the
requirements of ECDC 17.100.050;
10. & Neighborhood parks, natural open spaces, and community parks with an adopted
master plan subject to the requirements of ECDC 17.100.070.
B. Permitted Secondary Uses,
1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use;
2. Off-street parking and loading areas to serve a permitted or conditional use;
3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of
6,000 square feet;
4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction
with any local public facility allowed by this section. Any additionally designated parking
spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall
subject the entire commuter parking lot to a conditional use permit as specified in subsection
(D)(2) of this section, including commuter parking lots that are located upon more than one lot
as specified in ECDC 21.15.075.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Drive-in businesses;
3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.;
4. Convenience stores;
5. Local public facilities not planned, designated, or sited in the capital improvement plan,
subject to the requirements of ECDC 17.100.050;
6 E)@y _Gore Ge Rterr
6 -7. Hospitals, convalescent homes, rest homes, sanitariums;
7 9. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet
the criteria for regional public facilities as defined in ECDC 21.85.033;
8 -9. Counseling centers and residential treatment facilities for current alcoholics and drug
abusers,-
9 4-0. Regional parks and community parks without a master plan subject to the requirements
of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Outdoor storage, incidental to a permitted or conditional use;
2. Commuter parking lots with 10 or more designated parking spaces in conjunction with a
facility meeting the criteria listed under subsection (C)(6) through (10) of this section. [Ord.
3353 § 3, 2001; Ord. 3269 § 1, 1999*; Ord. 3120 § 1, 1996; Ord. 2759 § 1, 1990; Ord. 2660 §
1, 1988; Ord. 2283 § 4, 1982].
*Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor
display of merchandise, see Chapter 17.65 ECDC.
16.45.020 Site development standards. o _SHRRE
A. Table.
Minimum Minimum Minimum
Minimum Minimum Maximum
Lot Area Lot Width Street Side Rear Height Maximum Floor Area
Setback Setback Setback
BN None None 20' None, None, 25' 3 sq. ft. per sq. ft. of lot
area
Fifteen feet from lot lines adjacent to R-zoned property.
B. Signs, Parking and Design Review. See Chapters 17.50, 20.10 and 20.60 ECDC.
C. Screening. The required setback from R-zoned property shall be permanently landscaped with
trees and ground cover and permanently maintained by the owner of the BN lot. A six-foot minimum
height fence, wall or solid hedge shall be provided at some point in the setback.
D. Satellite television antennas shall be regulated as set forth in ECDC 16.20.050, and reviewed by
the architectural design board. [Ord. 3846 § 1, 2011; Ord. 2526 § 5, 1985].
1 16.45.030 Operating restrictions.' SHARE _ _
A. All uses shall be carried on entirely within a completely enclosed building except:
1. Public utilities and parks;
2. Off-street parking and loading areas and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Outdoor recreations aces associated with day-care centers.
6. -5, Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. [Ord. 3320
§ 2, 2000].
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH979314 ORDINANCES
4304-4310 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
06/23/2023 and ending on 06/23/2023 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount o [lie fee for s h ublicad
$125.56.
Subscribed and sworn afore me on this
day of
{ I
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 1141014 M
SC0'11'1'ASS1:Y
Linda Phillips
Notary Public
State of Washington
My Appointment Expires 8129i2025
Commission Number 4117
Classified Proof
ORDINANCE Si1M. hA&
ofthe cityO on 5, as »fin
On the 201h oay of June 2023. She Cily GOulxtl of Iln City of
EdmCnds, passed the SaSkLving prdinaflcas, It+e Suminarles of said
ordlnanLe9 LchsEsfing of titles are prtnrided as f011esva:
ORDINANCE N0.430d
AN ORDINANCE OF+IpNlJS, WRSHINGTON,
RELATING TO PROTECTION ORDERS AND AMENDING
EDMONDS MUNICIPAL CODE SECTION
5 34.040; PROVIDING FOR SEVERABILITY; AND SETTING THE
EFFECTIVE DATE.
ORDINq�NO I 4305
AN ORDINANCE cr�Vo LITY, OF W NDS, WASHINGTON.
AMENDING CHAPTER 5.34 ECC �PERSflN$, CRIMES
RELATING TO] TO REPEAL, FOR PURPgSES OF MORE
EFFECTIVE PROSECUTION, THE SUSSECTION RELATING TO
THE CHARGE OF DOMESTIC VIOLENCE STRANGULATION
AND INSTEAD RELYING ON THE CHARGE OF ASSAULT IN
THE FOURTH DEGREE AS SET FORTH IN ECC $.34,010: TO
REVISE TITLE$ TO CERTAIN STATE LAWS THAT HAVE BEEN
AMENOED; TO REMOVE REFERENCES TO CERTAIN STATE
LAWS THAT HAVE BEEN REPEALED; PROVIDING FOR
SEVERABILITY: AND SETTING AN EFFECTIVE OAT
OR INANC .4303
AN ORDINANCE OF HE C D EOM 05, WASHINGTON,
AMENDING CHAPTER 3.50 ECC (MISCELLANEOUS CHARGES)
TO RAISE THE FEES CHARGEC FOR FINGERPRINTING
SERVICES: PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
RCHNANCE ND 43 T
AN ORDINANCE DF E EDh HDS. WASHINGTaN.
AMENDING CHAPTER 16.45 ECDC TO ALLOW DAY-CARE
CENTERS AS AN OUTRIGHT PERMITTED USE IN THE
NEIGHBORHOOD BUSINESS (ON) ZONE AND. TO eXEMPT
g&ZEPRAGORECREATION
TTAACES OM THE
NONOET OPERATING THAT REQUIRE MOST
USES TO BE LOCATED WITHIN FULLY ENCLOSED 9UILDINGS
NANCODR�E 0El
D3, WASHINGTON. ORDINANCE OFTHD�F MIONESTABLISHING NEW
SSES AND AMENDING
PROCESSES RELATED TOTHEFILLING Of: OPENINGSING ONN
THECITY'S HOARDS AND CCU MISS IONS•
ORDINANCE ND. 4309
AN ORDINANCE or7HE 1^ TY U EOMONOS, WASHINGTON.
RELATING TO THE COMBINED WATER AND SEWERAGE
SYSTEMS COMPRISING THE WATERWORKS UTILITY OF THE
CITY,, PROVIDING FOR THE ISSUANCE OF ONE OR MORE
SERIES OF WATER AND SEWER REVENUE BONDS FOR THE
OF { TO
PROVIDE FUNDS TO PAY ALL OR PART CF THEECCOS`C1S OF
REFUNDING CERTAIN OUTSTANDING WATER AND SEWER
REVENUE BONDS OF THE CITY TO ACHIEVE A DEBT
SERVICE AND TOTHE COSTS OF
ISSUANCE�AND VINGSSALE OF THEPABONDS AND Tf�+E
ADMINISTRATIVE COSTS OF THE REFUNDING: FIXING OR
SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS
AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S
DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL
TERMS OF THE SALE OF THE BONDS: AMENDING
PROVIDING FOR OTHER RELATEDDINANCE NO- 39%. AND ORDINANCE MATTERS, 4167; AND
OR NCE H 4510
AN ORDINANCE Os 7NOS, WASHINGTON,
AS A R SULLTRDINANCE OF CHANGES TO REALLOCATING OCATING HE CITY
AMERICAN RESCUE PLAN ACT FUNDS, REDUCING THE
ALLOCATION FOR JOB RETRAINING AND DIRECTING THAT
AMOUNT TO SUPPORT THREE ELE?AFNTARY SCHOOLS IN
WHEN THE SAME SHALLEDMONDS BECOME EFFECL DISTRICT, TE FIXING A TIME
DATED thts 20Ih Day of June. 2023.
Proofed by Phillips, Linda, 06/28/2023 10:48:36 am Page: 2
Classified Proof
CITY CLERK, SCOTT PASSEY
Published: June 23, 2023. EDH979314
Proofed by Phillips, Linda, 06/28/2023 10:48:36 am Page: 3