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Ordinance 4314ORDINANCE NO.4314 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING VARIOUS MINOR UPDATES TO THE EDMONDS CITY CODE AND THE EDMONDS COMMUNITY DEVELOPMENT CODE, NONE OF WHICH CONSTITUTE SUBSTANTIVE POLICY CHANGES WHEREAS, the city council adopted Ordinance 4295 to create a streamlined process for updating the city code; and WHEREAS, the streamlined process is intended for code amendments that are minor, noncontroversial, and lacking any substantive policy changes that would require more in depth consideration; and WHEREAS, the amendments adopted by this ordinance have been deemed appropriate for this new streamlined process in that no councilmember requested that any of these amendments be removed from the streamlined process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 2.25.050 of the Edmonds City Code, entitled "Travel authorization and expense reimbursement policies," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethr-oug ). Section 2. Section 2.50.010 of the Edmonds City Code, entitled "Firemen's pension board created," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 3. Section 3.17.010 of the Edmonds City Code, entitled "Historic preservation gift fund," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethfough). Section 4. Section 3.20.050 of the Edmonds City Code, entitled "Occupations subject to tax - Amounts," is hereby amended to read as shown in Exhibit A, which is attached hereto and 1 incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 5. Section 3.22.030 of the Edmonds City Code, entitled "Repayment directed," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugh). Section 6. Section 3.30.060 of the Edmonds City Code, entitled "Authorization to contract with state," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 7. Section 3.34.060 of the Edmonds City Code, entitled "Special fund created — Purposes enumerated," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str7kethfettgh). Section 8. Section 3.36.080 of the Edmonds City Code, entitled "Establishment of impact fee accounts," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in str4kethfough). Section 9. Section 3.40.030 of the Edmonds City Code, entitled "Form of bonds," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethfough). Section 10. Section 3.40.050 of the Edmonds City Code, entitled "Delinquent assessments — Acceleration of installments due," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ). Section 11. Section 3.40.070 of the Edmonds City Code, entitled "Improvement orders — Special funds," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 12. Section 3.40.100 of the Edmonds City Code, entitled "Awarding contract — Rejection of bids — Failure of successful bidder to perform," is hereby amended to read as shown W in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in kedffetigh)• Section 13. Section 3.40.110 of the Edmonds City Code, entitled "Letting contract — Restrictions — Estimated costs — Payment of warrants," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in Section 14. Section 3.40.120 of the Edmonds City Code, entitled "Fixed estimate costs - Procedure," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 15. Section 3.40.140 of the Edmonds City Code, entitled "Reductions in area of assessments" is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 16. Section 3.75.080 of the Edmonds City Code, entitled "Delinquent payments," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethfotigh). Section 17. Section 3.75.100 of the Edmonds City Code, entitled "Disputes," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in striledffettgh). Section 18. Section 3.75.110 of the Edmonds Community Development Code, entitled "Expenditures," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 19. Section 3.75.120 of the Edmonds Community Development Code, entitled "Members advisory board," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethre„g ). Section 20. Section 3.75.130 of the Edmonds City Code, entitled "Business improvement district fund oversight and programmatic support," is hereby amended to read as 3 shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-etigk). Section 21. Section 4.68.100 of the Edmonds City Code, entitled "Construction in right- of-way," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 22. Section 5.48.030 of the Edmonds Community Development Code, entitled "Authority to accept bail," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethr-e„g ). Section 23. Chapter 6.10 of the Edmonds Community Development Code, entitled "Health officer - duties," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in kedffetigh)• Section 24. Section 6.20.020 of the Edmonds City Code, entitled "Definitions," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethfotlg ). Section 25. Section 6.20.042 of the Edmonds City Code, entitled "Health and safety nuisances," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 26. Section 6.20.050 of the Edmonds City Code, entitled "Enforcement and abatement," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 27. Section 6.20.060 of the Edmonds City Code, entitled "Separate abatement proceedings for junk vehicles," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ). Section 28. Section 7.10.025 of the Edmonds City Code, entitled "Delinquency charge" is 4 hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-etigh). Section 29. Section 7.10.060 of the Edmonds City Code, entitled "Limitation on water use," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugh). Section 30. Section 7.10.061 of the Edmonds City Code, entitled "Water restrictions — Powers of the city," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugh). Section 31. Section 7.10.062 of the Edmonds City Code, entitled "Water restrictions - Surcharge," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 32. Section 7.10.063 of the Edmonds City Code, entitled "Enforcement," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethfotigh). Section 33. Section 7.10.065 of the Edmonds Community Development Code, entitled "Suspension of service — Failure to comply with sewer connection notice," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethfottg ). Section 34. Section 7.20.050 of the Edmonds Community Development Code, entitled "Adoption of state regulations," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ). Section 35. Section 7.80.050 of the Edmonds City Code, entitled "Reporting of proposed rates," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethfottg ). Section 36. Section 8.48.610 of the Edmonds City Code, entitled "Contract for towing and storage," is hereby amended to read as shown in Exhibit A, which is attached hereto and E incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 37. Section 8.48.611 of the Edmonds City Code, entitled "Contract for towing and storage — Financial responsibility," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugh). Section 38. Section 9.20.030 of the Edmonds City Code, entitled "Notice of work to be done — Assessment procedures," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugh). Section 39. Section 9.20.090 of the Edmonds City Code, entitled "Enforcement responsibility," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 40. Chapter 10.15 of the Edmonds City Code, entitled "Building board of appeals," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in kedffetigh)• Section 41. Section 10.16.060 of the Edmonds City Code, entitled "Funds for improvement and maintenance of the cemetery," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugk). Section 42. Chapter 15.00 of the Edmonds Community Development Code, entitled "Preface and fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 43. Section 16.43.020 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in 6 Section 44. Section 16.45.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 45. Section 16.50.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 46. Section 16.55.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 47. Section 16.60.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 48. Section 16.62.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 49. Section 16.100.030 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 50. Section 16.110.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 51. Section 17.05.020 of the Edmonds Community Development Code, entitled "Reasonable accommodations," is hereby amended to read as shown in Exhibit A, which is 7 attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugk). Section 52. Section 17.05.040 of the Edmonds Community Development Code, entitled "Accommodations personal to the applicant," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugk). Section 53. Section 17.05.050 of the Edmonds Community Development Code, entitled "Appeal," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 54. Section 17.10.000 of the Edmonds Community Development Code, entitled "Bond required," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 55. Chapter 17.30 of the Edmonds Community Development Code, entitled "Fences," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 56. Chapter 17.35 of the Edmonds Community Development Code, entitled "Animals," is hereby deleted as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in s4ikethr-eugh). Section 57. Section 17.50.020 of the Edmonds Community Development Code, entitled "Parking space requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethfettgh). Section 58. Section 17.50.030 of the Edmonds Community Development Code, entitled "Calculations," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in K Section 59. Section 17.50.070 of the Edmonds Community Development Code, entitled "Downtown business area parking requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in striket r-ou -h). Section 60. Section 17.50.090 of the Edmonds Community Development Code, entitled "Temporary parking lots," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethfo g ). Section 61. Section 17.70.000 of the Edmonds Community Development Code, entitled "Security units," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 62. Section 17.115.020 of the Edmonds Community Development Code, entitled "Definitions," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 63. Section 18.00.010 of the Edmonds Community Development Code, entitled "Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 64. Section 18.05.000 of the Edmonds Community Development Code, entitled "Scope," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 65. Section 18.05.040 of the Edmonds Community Development Code, entitled "Variances," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 66. Section 18.10.010 of the Edmonds Community Development Code, entitled "Sewer connections," is hereby amended to read as shown in Exhibit A, which is attached hereto M and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikethfeugh). Section 67. Section 18.20.040 of the Edmonds Community Development Code, entitled "Permits," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 68. Section 18.30.010 of the Edmonds Community Development Code, entitled "Definitions," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 69. Section 18.30.020 of the Edmonds Community Development Code, entitled "Authority and regulation," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strilethfettgh). Section 70. Section 18.30.050 of the Edmonds Community Development Code, entitled "Administration," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 71. Section 18.30.090 of the Edmonds Community Development Code, entitled "Post construction inspection and maintenance roles and responsibilities," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Filethfetigh). Section 72. Section 18.60.040 of the Edmonds Community Development Code, entitled "Fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 73. Section 18.70.030 of the Edmonds Community Development Code, entitled "Review," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in IN Section 74. Section 18.80.060 of the Edmonds Community Development Code, entitled "Driveway and curb cut requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethfo g ). Section 75. Section 19.00.025 of the Edmonds Community Development Code, entitled "International Building Code section amendments," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethfough). Section 76. Section 20.05.020 of the Edmonds Community Development Code, entitled "General requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strip). Section 77. Section 20.12.020 of the Edmonds Community Development Code, entitled "Design review by the architectural design board," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ). Section 78. Section 20.15A.290 of the Edmonds Community Development Code, entitled "Fees," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 79. Section 20.30.020 of the Edmonds Community Development Code, entitled "Review," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 80. Section 20.30.050 of the Edmonds Community Development Code, entitled "Loss of join use," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 81. Section 20.60.020 of the Edmonds Community Development Code, entitled "General regulations for permanent signs," is hereby amended to read as shown in Exhibit A, 11 which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugk). Section 82. Section 20.60.100 of the Edmonds Community Development Code, entitled "Administration," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 83. Section 20.75.040 of the Edmonds Community Development Code, entitled "Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in Section 84. Section 20.75.050 of the Edmonds Community Development Code, entitled "Lot line adjustment — Application," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugk). Section 85. Section 20.75.065 of the Edmonds Community Development Code, entitled "Preliminary review," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethfetigh). Section 86. Section 20.75.085 of the Edmonds Community Development Code, entitled "Review criteria," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (deleted text is shown in st-Fikethr-ettgh). Section 87. Section 20.75.090 of the Edmonds Community Development Code, entitled "Park land dedication," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethfettgh). Section 88. Section 20.75.110 of the Edmonds Community Development Code, entitled "Changes," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in 12 Section 89. Section 20.75.130 of the Edmonds Community Development Code, entitled "Installation of improvements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ). Section 90. Section 20.75.140 of the Edmonds Community Development Code, entitled "Final plat — Required certificates," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in stfikethr-oug ). Section 91. Section 20.75.145 of the Edmonds Community Development Code, entitled "Final plat — Accompanying material," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethfoiigh). Section 92. Section 20.85.020 of the Edmonds Community Development Code, entitled "General requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethfoiig ). Section 93. Section 20.110.040 of the Edmonds Community Development Code, entitled "Enforcement procedures," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str-ikethfoug ). Section 94. Section 21.80.020 of the Edmonds Community Development Code, entitled "Permit coordinator," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4kethf,,,,g ). Section 95. Section 22.110.000 of the Edmonds Community Development Code, entitled "Purpose and intent," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in str4keth f ,,,g ). Section 96. Section 22.110.030 of the Edmonds Community Development Code, entitled "Green building construction and housing," is hereby amended to read as shown in Exhibit A, 13 which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugh). Section 97. Section 22.110.070 of the Edmonds Community Development Code, entitled "Amenity space, open space, and green factor standards," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Filethr-etigh). Section 98. Section 22.110.080 of the Edmonds Community Development Code, entitled "Public space standards," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in striveth-ret g ). Section 99. Section 23.40.005 of the Edmonds Community Development Code, entitled "Definitions pertaining to critical areas," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strilethfettgh). Section 100. Section 23.40.020 of the Edmonds Community Development Code, entitled "Relationship to other regulations," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in s4ikethr-eugh). Section 101. Section 23.40.090 of the Edmonds Community Development Code, entitled "Critical areas report - Requirements," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in st-Fikedffetigh). Section 102. Section 23.40.220 of the Edmonds Community Development Code, entitled "Allowed activities," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethfettgh). Section 103. Section 23.40.240 of the Edmonds Community Development Code, entitled "Unauthorized critical area alterations and enforcement," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strilethfettgh). 14 Section 104. Section 23.50.040 of the Edmonds Community Development Code, entitled "Development standards - Wetlands," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strileug#). Section 105. Section 23.80.040 of the Edmonds Community Development Code, entitled "Allowed activities — Geologically hazardous areas," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strik eagh). Section 106. Section 23.80.070 of the Edmonds Community Development Code, entitled "Development standards — Specific hazards," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethretigh). Section 107. Section 23.90.040 of the Edmonds Community Development Code, entitled "Development standards — Specific habitats," is hereby amended to read as shown in Exhibit A, which is attached hereto and incorporated herein as if fully set forth (new text is shown in underline; deleted text is shown in strikethr-eugh). Section 108. Severabiliiy-. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 109. Effective Date. This ordinance, being an administrative function of the city council, 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. ATTEST/AUTHENTI TED: CLERK, SCO P SEY APPROVED: MAY MIKE NELSON 15 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: JEFF TARADAY FILED WITH THE CITY CLERK: July 28, 2023 PASSED BY THE CITY COUNCIL: August 2, 2023 PUBLISHED: August S, 2023 EFFECTIVE DATE: August 10, 2023 ORDINANCE NO. 4314 16 SUMMARY OF ORDINANCE NO.4314 of the City of Edmonds, Washington On the 2nd day of August 2023, the City Council of the City of Edmonds, passed Ordinance No. 4314. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING VARIOUS MINOR UPDATES TO THE EDMONDS CITY CODE AND THE EDMONDS COMMUNITY DEVELOPMENT CODE, NONE OF WHICH CONSTITUTE SUBSTANTIVE POLICY CHANGES. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of August, 2023. ClS , X-) E , SC T SEY 17 I0.14OII:10W1 Section 2.25.050 Travel authorization and expense reimbursement policies. A. Policy. It is the city's policy to provide payment for the reasonable accommodation of travel required to conduct city business by city officials and employees. B. Applicability. This section and the policies contained herein shall be applicable to all elected officials, members of boards and commissions and city employees unless otherwise specifically exempted. C. Authorization for Travel. All requests for travel or training shall be submitted and approved on an authorization to travel and attend training form prior to the person's departure date. 1. All anticipated costs should be listed on the form, whether the costs are known or reasonably estimated. 2. The mayor is authorized to approve all employee's requests which are included within the city's annual budget. D. Travel and Training Request — City Council Approval. City council president approval must be obtained of all travel and training requests for members of the city council and members of city boards and commissions. E. Accommodations. Accommodations, such as transportation, lodging and conference registration shall normally be arranged in advance by designated staff member and billed directly to the city. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation, use of special discounts and single occupancy government rates for lodging. Air travel should be used when other reasonable methods of transport are not otherwise available and time schedules require the additional expense. F. Advance Payment of Expenses. Pursuant to ECC 2.25.070, advance payment of authorized expenses in excess of $100.00, as listed on the authorization to attend/travel form, will be provided upon request. Request for an advance payment must be made at least one week prior to the departure date. G. Reimbursement of Travel Expenses. 1. Travel expenses by city officials and employees shall be paid by the city in accordance with the rate schedule listed below. Expense vouchers must be submitted for payment within 10 days following the individual's return. Expense receipts and/or credit card receipts must be submitted for city payment. If a receipt has been lost or stolen, the employee should submit a written statement to the finanee dir-eetef administrative services director explaining the circumstances of the missing receipt. Reimbursements based on this process may be issued. Reimbursement for any expenses which exceed the limits set forth in this policy shall require approval of the city council. Transportation: Air travel — Coach rate Private car — Current IRS rate Rental car — Requires prior approval Lodging: Regular lodging — Government/commercial rate Conferences — Conference facility rate Meals: Per diem rate in conformance with the State of Washington Office of Financial Management guidelines in effect at the time of travel Communications: Telephone — One personal call per day kept to a reasonable amount 2. The transportation allowance shall be based upon the direct route round trip costs. Other allowable costs shall include ferry tolls and off-street parking. Taxis may be used if they are the most reasonable means of transportation available. H. Nonallowable Expenses. Expenses not approved for reimbursement include, but are not limited to, alcoholic beverages, expenses for family or guests, entertainment, travel costs paid by another organization, mileage (if traveling as a passenger in a nonowned car), limousine services and personal travel insurance. Only the normal, reasonable and actual expenses will be reimbursed. Public officials and employees utilize public funds for their expenses and are admonished and requested to limit expenditures to those reasonably necessary to provide safe, clean and convenient lodging and healthy meals in settings appropriate to the public mission with which they have been entrusted. I. Use of Private Cars. Private cars should be used by city officials and employees whenever a city vehicle is not available and/or the time the official or employee will be absent exceeds two or more days. Drivers must have a valid operator's license, and the car must be insured to the state's minimum liability standards. The mayor, members of the city council, boards and commissions shall not be reimbursed for mileage expenses incurred within the city limits of Edmonds. City employees will be reimbursed for mileage when using a private vehicle within the city limits when such use is in furtherance of city business. The city's mileage reimbursement rate is intended to cover the cost of fuel, maintenance and insurance costs. Persons using a private vehicle and seeking reimbursement for mileage must maintain a valid driver's license and individual auto insurance, including public liability, bodily injury and property damage, which insurance shall be deemed to be primary as to any other insurance available to the city. If a private vehicle is used in lieu of air transportation, the total amount of reimbursement shall not exceed the cost of air fare as established in subsection (G) of this section. [Ord. 3917 § 1, 2013; Ord. 3512 § 1, 2004; Ord. 3214 § 1, 1998; Ord. 2953 § 1, 1993; Ord. 2893 § 1, 1992; Ord. 2873 § 1, 1992]. Section 2.50.010 Firemen's pension board created. A. There is hereby created the Edmonds firemen's pension board to consist of the following five members: 1. The mayor, who shall be chairman of the board; 2. The city clerk; 3. The r.... nee dir-eete f administrative services director; and 4. Two regularly employed firemen elected by secret ballot of the firemen. B. The first members to be elected by the firemen shall serve for a term of one and two years, respectively, and their successors shall be elected annually for a two-year term. The two firemen so elected shall, in turn, select a third fireman who shall serve as an alternate in the event of absence of one of the regularly selected firemen. [Ord. 1133 § 1, 1965]. Section 3.17.010 Historic preservation gift fund. The A nee dire to . administrative services director is hereby authorized to create and number a new fund to be known as the "historic preservation gift fund" for the purpose of receiving donations from the city's citizens or from any interested party for, or in aid of, the cost of promoting or supporting the city's historic preservation programs and the activities of its historic preservation commission. This fund is created and shall be maintained with the intent that such donations shall be potentially tax deductible and in accordance with the laws of the United States and the regulations of the Internal Revenue Service. [Ord. 3896 § 1, 2012]. 3.20.050 Occupations subject to tax — Amounts. Sellers of electricity, gas, water, sewer, cable television and telephone services shall be subject to the taxes imposed by this chapter. There are levied upon, and shall be collected from, every person, firm, corporation or other entity on account of the business activities, license and occupation taxes in the amounts to be determined by the application of the rates against gross income as follows: A. Public Utility Districts. Upon every person, firm, corporation or other entity engaged in or carrying on the business of selling or furnishing electrical energy and power a tax equal to six percent is levied upon the total gross income from the sale of electricity within the corporate limits of the city during and for the term for which the occupation license is required; provided, however, that there shall be no tax or fee upon revenues derived from the sale of electricity for the purposes of resale. B. Natural or Manufactured Gas and Service. Upon every person, firm, corporation or other entity engaged in or carrying on the business of transmitting, distributing, selling and furnishing natural and/or manufactured gas, a tax equal to six percent of the total gross income from the sale of gas within the corporate limits of the city during and for the term for which the occupation license is required. C. Brokered Natural Gas — Use Tax in Lieu of Occupations Tax. There is imposed under the authority of RCW 35.21.870 a use tax on the consumers of brokered natural gas. Such tax shall be in lieu of the tax imposed by subsection (B) of this section when consumers receive natural gas directly from a producer of manufactured natural gas outside of the state of Washington. Such tax shall be the same as that imposed on a natural manufactured gas utility by subsection (B) of this section, equal to six percent of the customer's monthly purchases or other use charge by the broker of out-of-state natural gas. D. Telephone Business. A tax equal to six percent of the gross subscribers' exchange monthly service charges billed to business and residence customers located within the corporate limits of the city, together with six percent of gross income derived from intrastate toll service provided to business and residential customers located within the corporate limits of the city. E. Cable Television. Pursuant to Chapter 4.68 ECC, community antenna television systems, commonly known as cable television franchisees, are hereby levied a franchise fee of five percent, as authorized by 47 U.S.C. Section 542(a) and RCW 35.21.860, on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. In addition thereto, a business license tax, as authorized in part by 47 U.S.C. Section 542(g)(2)(A), is hereby levied equal to six percent on all gross revenues derived from any source of revenue by cable television franchisees from their cable television operations in the city of Edmonds. F. City Sewer Utility. The city of Edmonds, as a seller of sewer services, shall be subject to the tax imposed by this chapter. The sewer utility shall pay a license fee or tax equal to 10 percent of the gross income from the city's sewer utility. G. Solid Waste Haulers. Any solid waste hauler shall be subject to the tax imposed by this chapter. The solid waste hauler shall pay a tax equal to six percent of the total gross income from the charges derived from solid waste disposal services within the corporate limits of the city during and for the term for which the occupation license is required. H. City Water Utility. The city of Edmonds, as the seller of water services, shall be subject to the tax imposed by this chapter. The water utility shall pay a license tax or fee equal to the percentage shown in the table below for the given year on the gross income from the city's water utility: Water Utility Tax Rate Year Tax Rate (Current) 2016 18.70% 2017 17.07% 2018 15.50% 2019 14.05% 2020 12.68% 2021 10% I. City S Stormwater Utility. The city of Edmonds, as the seller of stormwater services, shall be subject to the tax imposed by this chapter. ThestefvA ei stormwater utility shall pay a license tax or fee equal to 10 percent on the gross income from the city's stefm wate stormwater utility. [Ord. 4051 § 1, 2016; Ord. 3953 § 1, 2013; Ord. 3745 § 1, 2009; Ord. 3709 § 1, 2008; Ord. 3688 § 1, 2008; Ord. 3618 § 1, 2006; Ord. 3531 § 1, 2005; Ord. 3432 § 2, 2002; Ord. 3281 § 1, 1999; Ord. 2899 § 1, 1992; Ord. 2837 § 3, 1991; Ord. 2775-A § 1, 1990; Ord. 2413, 1983; Ord. 2339 § 1, 1982]. Section 3.22.030 Repayment directed. The administrative services director is directed and authorized to repay such loans, in whole or in part, when budgeted general fund revenues are received sufficient to cover the projected foreseeable needs of the city for the ensuing month of the budget year. In the event of doubt regarding the foreseeable needs of the city, the fiflanee direete administrative services director is encouraged to consult with the mayor and council president and to bring questions regarding borrowing or repayment to the city council for its advice. [Ord. 3431 § 1, 2002]. Section 3.30.060 Authorization to contract with state. The finanee direetoF administrative services director is authorized to execute a contract with the Department of Revenue of the state of Washington for the administration and collection of the tax imposed by this chapter; provided, however, that the city attorney shall first approve the form and content of said contract. [Ord. 1833 § 7, 1976]. Section 3.34.060 Special fund created — Purposes enumerated. There is hereby created a special fund to be known as the "tourism promotion fund." All taxes levied hereunder shall be placed in said fund for the purpose of paying all or any part of the cost of tourism, promotion, acquisition of tourism -related facilities, or the operation of tourism -related facilities in accordance with the definitions of the terms tourism, tourism promotion, and tourism -related facility as such terms are defined in RCW 67.28.080. The monies accumulated in said fund may be invested in interest -bearing securities by the city Franee dife to f administrative services director in any manner authorized by law. The city council may agree to the utilization of revenue from taxes imposed under this chapter for the purposes of funding a multi jurisdictional tourism -related facility. [Ord. 3166 § 1, 1997; Ord. 2539, 1985; Ord. 2010 § 1, 1978]. Section 3.36.080 Establishment of impact fee accounts. A. Impact fee receipts shall be earmarked specifically and deposited in special interest -bearing accounts. B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the purposes for which the impact fees were collected. C. On an annual basis, the xranee dife to f administrative services director shall provide a report to the council on the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period. Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of time within which the impact fees shall be expended or encumbered. [Ord. 4048 § 1, 2016; Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. Section 3.40.030 Form of bonds. All bonds issued in the pursuance of the provisions of this chapter and the Laws of the State of Washington shall be in substantially the following form: STATE OF WASHINGTON NO. CITY OF EDMONDS Local Improvement Bond L.I.D. No. N.B. — This bond is issued by virtue of the provisions of RCW 35.54.010 to 35.54.090; RCW 35.43.040, 35.43.130, et seq.; RCW 35.45.030; and RCW 35.45.070 which reads as follows: "Neither the holder nor owner of any bond, interest coupon, or warrant issued against a local improvement fund shall have any claim therefor against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local improvement guarantee fund of the city or town as to bonds issued after the creation of a local improvement guarantee fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon or warrant for any loss to the local improvement guarantee fund occurring in the lawful operation thereof. The bondholder's remedy in case of nonpayment shall be confined to the enforcement of the special assessments made for the improvement and to the guarantee fund. THE CITY OF EDMONDS, a municipal corporation of the state of Washington, hereby promises to pay to or bearer, Dollars lawful money of the United States, with interest thereon, at the rate of (__) percent, per annum, payable annually, out of the fund established by Ordinance No. of said city, known as Local Improvement Fund District No. of the city of Edmonds, and not otherwise, both principal and interest payable at the office of the ananee dife to f administrative services director of said city. A coupon is hereto attached for each installment of interest to accrue hereon, and said interest shall be paid only on presentation and surrender of such coupons to the €inaxee direeteadministrative services director, but in case this bond is called for payment before maturity, each and every coupon representing interest not accrued at the time this bond is payable under such call shall be void. This bond is payable on or before the day of , 19_, and is subject to call by the f4manee dir-eetar- administrative services director of said city, whenever there shall be sufficient money in said Local Improvement Fund to pay the same and all unpaid bonds of the series of which this bond is one which are prior to this bond in numerical order over and above sufficient for the payment of interest on all unpaid bonds of said series. The city council of said city, as the agent of said Local Improvement District No. , established by Ordinance No. , has caused this bond to be issued in the name of said city as the bond of said District, the bond or the proceeds thereof to be applied in part payment of so much of the cost and expense of the improvement of and such other work as may be necessary to make a complete improvement under said Ordinance No. as is levied and assessed against the property included in said Local Improvement District No. , and benefited by said improvement, and the said Local Improvement Fund District No. of the city of Edmonds, has been established by ordinance for the said purpose; and the holder or holders of this bond shall look only to said fund or to the Local Improvement Guarantee Fund for the payment of both the principal and interest upon this bond. The call for payment of this bond or any bond of the series of which this is one, shall be made by the fina-nee a:r-eeter administrative services director by publishing the same in the city official newspaper of said city, and when such call is made for the payment of this bond, it will be paid on the day the next interest coupon thereon shall become due, after said call, and upon said day, interest upon this bond shall cease. This bond is one of a series of bonds aggregating in all the principal sum of $ , issued for said Local Improvement District No. , all of which bonds are subject to the same terms and conditions as herein expressed. IN WITNESS WHEREOF, the city of Edmonds has caused these presents to be signed by its mayor and attested by its clerk, and sealed with its corporate seal this day of ,19 The City of Edmonds, LIM Mayor Attest: City Clerk No. There shall be attached to each bond such number of coupons, not exceeding 12, as shall be required to represent the interest thereon, payable annually for the term of said bonds, which coupons shall be in substantially the following form: On the day of 119 CITY OF EDMONDS, STATE OF WASHINGTON Promises to pay to the bearer at the office of its r..., nee difeete f administrative services director Dollars being one year's interest due that day on Bond No. of the Bonds of Local Improvement District No. of the city of Edmonds, and not otherwise provided that this coupon is subject to all the terms and conditions contained in the bond to which it is annexed, and if said bond be called for payment before maturity hereof this coupon shall be void. The City of Edmonds, By Mayor Attest: City Clerk [Ord. 651 § 3, 1954]. Section 3.40.050 Delinquent assessments — Acceleration of installments due. When any assessment has become delinquent it shall be the duty of the finanee di feete . administrative services director to make and file with the city clerk a statement of all such delinquencies. If on the first day of January in any year, two installments of any local improvement assessment are delinquent, then all installments shall at that time become due and payable and the collection thereof enforced by foreclosure. [Ord. 1350 § 1, 1968; Ord. 651 § 5, 1954]. Section 3.40.070 Improvement orders — Special funds. Every ordinance ordering any improvement shall fix the boundaries of the district which will be assessed to pay the cost and expense thereof, and shall also create a special fund to be known as "Local Improvement Fund District No. " into which shall be placed all sums paid on account of such assessment, including interest and penalty thereon, and in the event of sale of such bonds by the city, all premiums and accrued interest on the bonds issued for such improvement. It shall be the duty of the finanee dir-eeter administrative services director to call and pay in numerical order such outstanding bonds against any particular improvement fund as he may be able to pay with money on hand credited to such fund. [Ord. 651 § 7, 1954]. Section 3.40.100 Awarding contract — Rejection of bids — Failure of successful bidder to perform. A. At the time and place named in such notice to bidders, such bids shall be publicly opened and read; no bid shall be rejected for informality, but it shall be received as a bid if it can be understood what is meant thereby. The council shall proceed to determine the lowest bidder and may let such contract to such bidder. The city council shall have power by resolution to reject any and all bids and to make further calls for bids in the same manner as the original call, or if in its judgment the improvement or work can be done by the city at less cost than the lowest bid submitted, it may do so without making a further call for bids or awarding any contract therefor, and in such cases all checks shall be returned to the bidders by the city clerk; but if the contract be let, then, in such case, all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until the contract be entered into for making such improvement between the bidder and the city in accordance with such bid, and the duly approved and accepted bond therefor be filed in the office of the city clerk. B. If said bidder fails to enter into such contract in accordance with his bid within 10 days from the date at which he is notified that he is the successful bidder, the city clerk shall write or print across the face of the certified check: "Forfeited to the city of Edmonds, city clerk," and shall deliver said check to the finance director- administrative services director to be deposited to the credit of the local improvement fund for which the same was given, and the council shall readvertise for the bids for such work. Neither the city council nor any officer of the city shall have the power to remit such forfeiture. [Ord. 651 § 10, 1954]. Section 3.40.110 Letting contract — Restrictions — Estimated costs — Payment of warrants. A. In letting all contracts for public improvements under this chapter, the council shall comply with Chapters 39.04 and 39.08 RCW and the same are hereby incorporated in and made a part of this section by reference. The council shall further limit the time within which said work shall be completed, and during the time allowed in the contract for the completion of the work, the city engineer shall, on the last day of each month, issue an estimate of the amount of work done by the contractor during the month; but shall, after the date for completion of the contract, furnish no estimate other than the final estimate issued after the completion of the work. Said final estimate issued by the city engineer shall include, in addition to a statement of the amount of money expended for fixed estimate costs prior to the date set for the completion of the contract. All fixed estimate costs incurred by the city after the time fixed in the contract for its completion shall be borne by the contractor as a penalty for failure to complete the work within the specified time. B. All estimates of the city engineer shall be filed in the office of the city clerk and by him reported to the council at the next regular meeting, or at a special meeting called for that purpose, and not more than 95 percent of such estimate shall be allowed and all warrants ordered in payment thereof shall be drawn only upon the particular local improvement fund under which the work is done, and which warrants shall bear interest at a rate not to exceed eight percent per annum from date until redeemed either in money or bonds by the r..., nee di fe to f administrative services director, and shall cease to draw such interest from and after the date fixed by the Fnanee aireetaf administrative services director in a call for the redemption thereof. C. The five percent required to be held as a reserve to protect laborers and material men for a period of 30 days after final acceptance of the completion of the work, shall, at the expiration of such period, be paid to the contractor in warrants on such special fund so far as the same may be free from claims of liens, and which warrants shall draw interest as above set forth. [Ord. 2565 § 2, 1986; Ord. 1069 § 2, 1964; Ord. 651 § 11, 1954]. Section 3.40.120 Fixed estimate costs — Procedure. The cost and expense incurred by the city in engineering and surveying necessary for such improvement, and all cost of preparing all necessary data, including the cost of ascertaining the ownership of the property included in the assessment district, advertising and publishing all notices required to be published, shall be called the "fixed estimate" and all bidders shall include the amount thereof in all such bids. If the cost and expense of the improvement to be provided by the mode of payment by bonds the contractor or the contract purchaser of the bonds shall be required to pay the amount of the fixed estimate in cash or certified check to the finanee dir-eeter- administrative services director to be by him placed to the credit of the local improvement fund with which to redeem all warrants issued for such fixed estimate, and an amount equal therewith in interest bearing warrants shall be issued to the contractor or the contract purchaser of the bonds. The finanee dir-eeter administrative services director shall place so much of said fixed estimate paid in by the contractor or the bond purchaser into the local improvement district fund as will represent the total sum of the warrants and interest to be drawn on that fund for fixed estimate costs. The city council shall have the right to vary the amount of the fixed estimate as the circumstance may require. [Ord. 651 § 12, 1954]. Section 3.40.140 Reductions in area of assessments. The office of the fina-mee direeter- administrative services director may accept a reduction in the area of property subject to an assessment for a local improvement district and apply the balance of the assessment, including interest and penalties, if any, to the remainder of the property subject to the assessment; provided, that the written consent of the property owner is filed with the finanee di feeter- administrative services director, and provided fiirther that the reduction in area will not result in a substantial diminution of the value of the affected property remaining and subject to assessment. [Ord. 1382 § 1, 1968]. Section 3.75.080 Delinquent payments. If the assessment is not paid within 60 days after its due date, a delinquency charge shall be added and calculated at an interest rate of 12 percent per annum of the due amount. The f na-nee direeter- administrative services director is authorized to use a city of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business paying the agency's fee on top of the amount of the BID assessment plus delinquency charges. [Ord. 3929 § 1 (Att. A), 2013; Ord. 3909 § 1, 2013]. Section 3.75.100 Disputes. Any member seeking to challenge the amount of an assessment or delinquency charge may submit additional information concerning the assessment classification and/or square footage of the business to the finanee difeetor administrative services director or designee, who may adjust the assessment based on Table 1 if he determines that the original classification and/or square footage was erroneous. The finanee a".o ter administrative services director shall provide a written determination to the member, which may be appealed to the city's hearing examiner within 10 days of the finance director administrative services director's determination by paying an appeal fee in the amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the fina-Hee dir-eete administrative services director's determination. The member has the burden of proof before the hearing examiner to show that the assessment or delinquency charge is incorrect. [Ord. 4081 § 1, 2017; Ord. 3929 § 1 (Att. A), 2013; Ord. 3909 § 1, 2013]. Section 3.75.110 Expenditures. Expenditures from the account shall be made upon vouchers drawn by the finanee direeter- administrative services director and shall be used exclusively for the purposes defined in ECC 3.75.030. [Ord. 3909 § 1, 2013]. Section 3.75.120 Members advisory board. The EDBID shall be governed by a member advisory board comprised of an odd number of at least seven but no more than 11 members from the EDBID membership. The board shall be composed of both open-door and by - appointment office -based EDBID members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition, the Fnanee aireetaf administrative services director and the community services/economic development director shall be nonvoting, ex officio members of the board. The member advisory board shall be responsible for proposing any amendments to EDBID bylaws for city council approval and policy guidelines to the city council that will address, among other matters, the composition and method of appointing or electing board members. The member advisory board shall also provide advice and consultation to the r,. anee direeteF administrative services director, and to any individual or agency, that may be hired to manage the day-to-day operations of the business improvement district program, on all matters related to the operation of the program. Each year no later than October 31 st the member advisory board shall submit to the city council a proposed annual work program and budget for the following year, unless otherwise approved by the city council. The board shall address and discuss member concerns and questions regarding the EDBID and program; review all reports submitted to the finance department by the member advisory board or program administrator, if hired; and sponsor the annual member meeting. [Ord. 4081 § 1, 2017; Ord. 3941 § 1 (Att. A), 2013; Ord. 3914 § 1 (Att. A), 2013; Ord. 3909 § 1, 2013]. 3.75.130 Business improvement district fund oversight and programmatic support. The finance direet^r administrative services director shall administer the BID fund for the city with authority to A. Consider adjusting the assessment amount based on an erroneous classification or square footage; B. Collect the assessments; refund assessments when overpaid or otherwise improperly collected; extend the deadline for payment; and waive delinquency charges and interest whenever the delinquency results from extenuating circumstances beyond the member's control, such as a casualty loss causing premature closure of the business, bankruptcy, or the total principal payment due to the city (exclusive of penalty and interest) is $10.00 or less; C. Calculate and collect the interest for late payments; and D. Accept and deposit advance payment of assessments by members; accept donations from governmental agencies, the public, and owners and operators of businesses. E. The community services/economic development director shall provide general support and advice on matters related to programs, projects, activities and administration of the EDBID. [Ord. 4081 § 1, 2017; Ord. 3909 § 1, 2013]. Section 4.68.100 Construction in right-of-way. A. Notification of City Community Services Department. A franchisee shall submit an application for permit to perform work in the city's rights -of -way. Permits to perform work in the city's rights -of -way shall be available on the basis of the most favorable terms and conditions of any other franchisee or utility. The city shall provide an annual master permit process for the cable system rebuild project, the fees of which will be paid out of the annual franchisee fees. No work, other than emergency repairs, shall commence without such a permit. Emergency repairs may be made immediately with notification given to the city no later than the next business day. B. Installation. In accordance with the permit issued, all transmission lines, equipment, and structures shall be located and installed so as to cause minimum interference with the rights and reasonable convenience of property owners, and at all times shall be maintained in a safe condition, and in good order and repair. Suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of the public. Any poles or other fixtures placed in any street by a franchisee shall be placed in such manner as not to interfere with the usual travel on such public way. C. Interference with Use of Streets. A franchisee must obtain an application for permit to perform work in the rights of -way for all work performed by the franchisee in such areas. When installing, locating, laying, or maintaining facilities, apparatus, or improvements, a franchisee shall not interfere with the use of any street to any greater extent than is necessary, and shall leave the surface of any such street in as good condition as it was prior to performance by franchisee of such work. Any facility, apparatus, or improvement under this chapter shall be laid, installed, located, or maintained in conformance with instructions given by, and to the reasonable satisfaction of, the city. In any event, a franchisee shall, at its own expense, and to the reasonable satisfaction of the city in accordance with the terms of the application for permit to perform work in the rights -of -way, restore to city standards and specifications any damage or disturbance caused to streets as a result of franchisee's construction or operations. D. Relocation/Removal. Upon receipt of 30 days' prior written notice, a franchisee, at its own expense, shall protect, support, temporarily disconnect, relocate, or remove any of its property when, in the judgment of the e ri ffmnity se -vices dir-eete public works director, the same is required by reason of traffic conditions, public safety, and/or improvements by governmental agencies. Nothing herein shall be deemed a taking of the property of a franchisee, and franchisee shall be entitled to no surcharge by reason of this section. After receipt of 30 days prior written notice, upon failure of a franchisee to commence, pursue, or complete any work required by the provisions of this chapter to be performed on any street, within the reasonable time prescribed and to the reasonable satisfaction of the city, the city may, at its option, cause such work to be done, and a franchisee shall pay to the city the reasonable cost thereof, within 30 days after receipt of demand. E. Location of Facilities. A franchisee agrees to provide the city with a map or maps which shall show the vertical and horizontal location of its facilities within the franchise area using a minimum scale of one inch equals 100 feet, measured from the centerline of the right-of-way, which maps shall be in hard copy plan form acceptable to the city and in Geographical Information System (GIS) format. This information shall be provided within 90 days of the effective date of the ordinance codified in this chapter and shall be updated at least every 12 months thereafter. [Ord. 3083 § 1, 1996]. 5.48.030 Authority to accept bail. The court, may by its order, authorize the violations bureau to receive the deposit of bail for appearance in court for specified offenses under a bail schedule issued under this chapter. The violations bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged violator, and whatever other information the court requires, prepared in multiple copies, and shall provide information of the legal consequences of bail forfeiture. One copy of the receipt shall be forwarded to the f;fanee dir-eetef administrative services director and one copy shall be retained by the violations bureau. [Ord. 2531, 1985; Ord. 1481, 1970]. Title 6 HEALTH AND SANITATION Chapters: 6.40 Health-Offleer Duties 6.20 Nuisances 6.30 Noxious Weeds 6.40 Litter Control 6.50 Repealed 6.60 Disaster Preparation, Emergency Coordination, and Civil Emergencies 6.65 Edmonds Fire Department — Provision of Emergency Services 6.70 Repealed 6.80 Plastic Bag Reduction 6.90 Noncompostable Food Service Containers Prohibition 6.95 Single -Use Plastic Utensils — Prohibition Seef: 6.10.030 6.10.070— Notice fequiremeots 6.10.100 Penaltyfor violations. 6.10.010 Health offieer- appointed. The health affieer- faf the Snohomish Health Distfiet is appeinted health offieer- fef the eity of Edmen 6�0.020 General dirties. The heaM of4eef of the eity of Edmonds shall leek aftef a -ad s"er-iiitend all m4tefs pei4aining to the health of the 6.10.030 Nuisance abatement.Whenevef a4iy ease of sfnallpe* of other eantagietis disease shall eeme to the knowledge of a4iy physieian E)r- other - per -son, stieh physieia-a or- ethef pefson shall r-epei4 the same to the health efmfieef, together- with the at4ending eir-eumstanees, within six heufs aftef sueh la� owledge of infarmmien has been by them obtained. [Ord. 4 1 § 4, "94} 6.10.050 QURFftBtine requirements. Aqienever any ease of smallpox, var-ieleid, er- eentagious disease, within the city limits, shall eeme to the knowled of the health offieer-, the health offieer- shall fefthwith eause sueh afflicted persen er- persons to be quar-aft4ined. 6.10.060 Leaving plaee of quarantine without permission prohibited. Any per-san wha is quar-antined in any place E)r- r-esidenee beeaiise E)f smallpex er- any other- eentagious disease that eefnes tinder the quarantine regulatiens of the State Boar-d E)f Health er health affieer-, and leaves the same witheu4 omisdefneanEw.> Section 6.20.020 Definitions. The following definitions shall apply for purposes of this chapter: A. "Antique vehicle" means a vehicle that is at least 40 years old and is qualified pursuant to WAC 308-96A-073. B. "Driveway" means an improved surface per city engineering standards designed and used for accessing a parking area and/or for vehicle parking. C. "Emergency" means a situation in which the ^^.rri.unity services directo planning and development director reasonably determines that immediate abatement or other action is necessary in order to prevent, reduce or eliminate an immediate threat to health, safety or property. D. "Front yard" means a space on the same lot as a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot. In the case of a double frontage lot, both spaces with street frontage shall be considered front yards. E. "Junk vehicle" means a vehicle meeting any two of the following criteria: 1. Is extensively damaged, including but not limited to any of the following conditions: a broken or missing windshield or missing wheels, tires, motor or transmission; 2. Is apparently inoperable; 3. Is without valid current registration plates; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. F. "Inoperable" with respect to a vehicle means that the vehicle is incapable of being legally operated on a public roadway due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle. G. "Junk" means discarded, broken or disabled material including but not limited to household items, house or lawn furniture, appliances, toys, construction items, hot tubs, trampolines, vehicle parts, or other items that are not neatly stored or in a functioning condition. H. "Litter" means discarded waste materials, including but not limited to paper, wrappings, packaging material and discarded or used containers. I. "Motor vehicle" means a vehicle that is self-propelled but not operated upon rails, and includes neighborhood electric vehicles as defined in RCW 46.04.357. An electric personal assistive mobility device is not considered a motor vehicle. A power wheelchair is not considered a motor vehicle. J. "Operable" with respect to a vehicle means that the vehicle is a licensed motorized or nonmotorized vehicle which in its current condition is legally and physically capable of being operated on a public roadway. K. "Rear yard" means a space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. L. "Salvage" means an item that would otherwise be destroyed, rejected or discarded but is or may be recycled or put to further use. M. "Side yard" means a space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard. N. "Stagnant' means water or liquid that has become foul, stale or impure through lack of agitation, flow or movement. O. "Trash" means waste food products and other household garbage. P. "Vehicle" means any motorized or non -motorized conveyance that includes, but is not limited to, an automobile, recreational vehicle, truck, any type of trailer, van, motorcycle, watercraft, farm equipment, construction equipment and antique vehicles (i.e., cars, trucks, vans, motorcycles, carriages, or motorized buggies). [Ord. 3720 § 4, 2008]. Section 6.20.042 Health and safety nuisances. The following actions or conditions have a direct impact on public health and are declared to be public nuisances. A. Vegetation. The following actions and/or conditions shall be public nuisances: 1. Any dead, dying or other hazardous tree which is in danger of falling and endangers the traveling public on a street, alley, sidewalk or other public right-of-way. The word "tree" shall have the same meaning as is provided in ECDC-23.10.020. 14� 45.040. 2. Any violation of the noxious weed provisions of Chapter 6.30 ECC and/or any uncultivated berry vines and Class B or Class C noxious weeds (as classified by the Washington State Noxious Weed Control Board) which exceed an average of three feet in height and any portion of which are located within five feet of an adjacent property. B. Attractive Nuisances. Any attractive nuisances dangerous to children are declared to be public nuisances, including but not limited to the following items when located outside of a fully enclosed building: 1. Abandoned, broken or neglected equipment; 2. Jagged, sharp or otherwise potentially dangerous machinery; 3. Household or commercial appliances, including but not limited to refrigerators, freezers, washers, dryers, dishwashers, ovens, hot water tanks, or toilets; 4. Unpermitted excavations; and/or 5. Unprotected or open wells or shafts. C. Breeding Grounds for Vermin or Insects. The following actions and/or conditions are public nuisances: 1. Any accumulations of perishable matter, including but not limited to foodstuffs, that may harbor or attract the infestation of mold, insects and/or vermin; provided, however, that this provision shall not apply to compost heaps or facilities which are maintained in accordance with standards recommended by the U.S. Composting Council. 2. Any stagnant, pooled water in which mosquitoes, flies or other insects may reproduce. 3. Any stacks or accumulations of newspapers, cardboard, or other paper, cloth, plastic, or rubber left or stored in a manner which poses a substantial risk of combustion, a threat of fire, or that may harbor, serve as an attraction for or promote the infestation of mold, insects and/or vermin. D. Hazardous Conditions, Substances or Materials. The following conditions or actions are declared to be public nuisances: 1. Any structure or other constructed object not governed by the International Building Code that is decayed, damaged, or in disrepair and poses a substantial threat of collapse, structural failure or falling. 2. Any unstable embankment, fill or other accumulation of rock and/or soil which poses a substantial threat of collapse. 3. Any storage or keeping of any toxic, flammable, or caustic substance or material except in compliance with applicable requirements of state or federal law. 4. Any unpermitted obstruction of any street, alley, crossing or sidewalk, and any unpermitted excavation therein or thereunder. [Ord. 3720 § 4, 2008]. Section 6.20.050 Enforcement and abatement. A. Responsibility for Enforcement. The provisions of this chapter shall be enforced by the dir-eetor planning and development director or his/her designee. B. Responsibility for Violation. The provisions of this chapter shall be enforceable against any person who causes, permits, creates, maintains or allows upon any premises, any of the actions or conditions designated as public nuisances under ECC 6.20.040, including but not limited to any person or entity owning, leasing, renting, occupying, or possessing the underlying premises. C. Penalties. Any person violating this chapter shall be subject to civil enforcement proceedings pursuant to Chapter 20.110 ECDC and/or criminal misdemeanor prosecution. D. Abatement. The city may seek a warrant of abatement from Snohomish County Superior Court authorizing city personnel and/or contractors to enter any premises containing a public nuisance and abate said nuisance at the violator's expense. Prior to obtaining such a warrant, the city shall provide written notice to the responsible parry by posting upon the subject premises, mailing and/or personal delivery. Such notice may be combined with a notice of civil violation issued pursuant to Chapter 20.110 ECDC, and shall contain: (1) a description of the public nuisance; (2) a reasonable deadline by which the responsible party must eliminate the public nuisance; (3) a warning that the city may abate the nuisance at the responsible party's expense; and (4) a statement that the notice shall become a final order of the city if not appealed to the hearing examiner within the time period specified in Chapter 20.110 ECDC. All costs incurred by the city in abating a public nuisance, including but not limited to attorneys' fees, staff time and contractor expenses, shall be recovered from the responsible party. Abatement may be exercised concurrently with or alternatively to the imposition of civil and/or criminal penalties pursuant to subsection (C) of this section. E. Summary Abatement. Notwithstanding any other provision of this chapter, the city may, to the fullest extent legally permissible, summarily abate and/or take any action necessary to eliminate any condition constituting an immediate threat to public health or safety. F. Mediation. Notwithstanding any provision of this code, when the planning and development director determines, in his discretion, that significant risk to any person exists and the best interests of the neighborhood would be better served, the director may decline to proceed with prosecution or abatement until the complainant(s) and alleged violator(s) have attempted to resolve their conflict through mediation. G. Frivolous Complaint. Any person making a frivolous complaint under the provisions of this chapter shall be guilty of a civil infraction punishable by a fine of not more than $500.00. [Ord. 4299 Exh. A, 2023; Ord. 3720 § 4, 2008]. Section 6.20.060 Separate abatement proceedings for junk vehicles. A. Statutes Adopted by Reference. 1. RCW 46.55.010(2), (3), (4), (6), (7), (8), (9), (10), (11) and (12) only; 2. RCW 46.55.070, Posting requirements — Exception; 3. RCW 46.55.090, Storage, return requirements — Personal belongings — Combination endorsement for tow truck drivers — Authority to view impounded vehicle; 4. RCW 46.55.100, Impound notice — Abandoned vehicle; 5. RCW 46.55.110, Notice to legal and registered owners; 6. RCW 46.55.120, Redemption of vehicle — Sale of unredeemed vehicles; 7. RCW 46.55.130, Notice requirements — Public auction — Accumulation of storage charges; 8. RCW 46.55.140, Operator's lien, deficiency claim, liability; and 9. RCW 46.55.230, Junk vehicles — Certification, notification, removal, sale. B. Administrative Hearing Officer. All abatement hearings required under this section shall be conducted by the hearing examiner. A decision made by the hearing examiner under this section regarding abatement shall be final as to abatement. Any abatement hearing under this section shall be considered a separate matter from any hearing regarding the underlying violation outlined in the previous sections of this chapter. Provided, however, that the hearing examiner may in his/her discretion combine such hearings if two separate rulings are issued. C. Abatement and Removal of Unauthorized Junk Motor Vehicles or Parts Thereof from Private Property. 1. The storage or retention of an unauthorized junk motor vehicle or parts thereof, as defined herein, on private property is hereby declared a public nuisance subject to removal and impoundment. The dir-eetefplanning and development director shall inspect and investigate complaints relative to unauthorized junk motor vehicles or parts thereof on private property. Upon discovery of such nuisance, the difeeteTplanning and development director shall give notice in writing to the last registered owner of record, if identifiable, and the property owner of the violation of the nuisance provisions and demand that both abate the nuisance or the vehicle will be removed and costs will be assessed against them. The notice shall also inform both that a hearing before the hearing examiner may be requested in writing, directed to the city clerk within 10 days of said notice, and that if no hearing is requested within 10 days, the vehicle will be removed at their expense. 2. If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or parts thereof as a public nuisance shall be mailed, by certified mail with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that the identification numbers are not available to determine ownership. 3. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with reasons for the denial and that she/he has not given consent for the vehicle to be located there. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that she/he has not subsequently acquiesced in its presence, then the hearing examiner shall not assess costs of administration or removal of the vehicle against the owner of the property upon which the vehicle is located or otherwise order recoupment of such costs from the owner of the property. 4. Costs of removal of vehicles or parts thereof under this section shall be assessed against the last registered owner of the vehicle or automobile hulk if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle or automobile hulk complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, unless the property owner establishes the facts set forth in subsection (C)(3) of this section. 5. This section shall not apply to: a. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or b. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is screened according to RCW 46.80.130. 6. After notice has been given of the city's intent to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or parts thereof shall be removed at the request of the e w,,,.mflity sel=vi es direete planning and development director and disposed of to a licensed motor vehicle wrecker or hulk hauler with written notice being provided to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked or otherwise lawfully disposed of. D. Owner of Record Presumed Liable for Costs When Vehicle Abandoned — Exceptions. 1. The abandonment of any junk vehicle or hulk shall constitute a prima facie presumption that the last owner of record is responsible for such junk vehicle and thus liable for any costs incurred in removing, storing and disposing of said vehicle. 2. A registered owner transferring a vehicle shall be relieved from personal liability under this chapter if within five days of the transfer she/he transmits to the planning division a seller's report of sale on a form prescribed by the planning manager to show that the vehicle had been transferred prior to the date notice was given to him/her of the need to abate. E. Owner or Agent Required to Pay Charges — Lien. 1. Any costs incurred in the removal and storage of an impounded vehicle shall be a lien upon the vehicle. All towing and storage charges on such vehicle impounded shall be paid by the owner or his/her agent if the vehicle is redeemed. In the case of abandoned vehicles, all costs of removal and storage shall be paid by the owner or his/her agent if the vehicle is redeemed, but if not redeemed, such costs shall be received from the proceeds of sale. 2. Either a registered or legal owner may claim an impounded vehicle by payment of all charges that have accrued to the time of reclamation. If the vehicle was impounded at the direction of a law enforcement agency, the person in possession of the vehicle prior to the time of reclamation shall notify such agency of the fact that the vehicle has been claimed, and by whom. F. Written Impound Authorization Form. Whenever the planning and development director impounds a vehicle pursuant to the provisions of this chapter, the director shall complete an authorization form approved by the chief of police which specifies the section of this chapter or Chapter 46.55 RCW authorizing the impound. In the alternative, a law enforcement notice of infraction or citation for an offense which authorized the impound may be substituted at the director's discretion. [Ord. 3720 § 4, 2008]. Section 7.10.025 Delinquency charge. A charge equal to $25.00 shall be added as a fee to each delinquent utility bill, except in cases of extraordinary hardship as determined by the finanee director administrative services director or his/her designee. The decision of the fi nee direeter- administrative services director can be appealed to the Edmonds city council by filing an appeal with the city clerk no later than 14 days after the director's decision was mailed. The account shall be considered delinquent if full payment is not made within 35 days after the sending of the regular billing. Such delinquency notice and billing will be provided 35 days following the mailing of a regular utility bill. This charge shall be applicable to all delinquent utility billing accounts. In order to be considered delinquent the outstanding principal balance of an account must total at least $40.00, and no delinquency charge shall be levied against any account balance under $40.00. This delinquency charge shall be paid prior to the application of any payment against the fee or charge initially assessed and nothing herein shall be interpreted to limit the city's collection of its attorneys' fees and other reasonable costs and charges in the event it is forced to seek judicial remedy for collection. Nothing herein shall be interpreted to limit the city's ability to enforce a sewerage lien on properties for delinquent and unpaid sewerage utility bills, as authorized by RCW 35.67.200 through 35.67.290, including terminating water service until charges are paid and/or pursuing sewerage lien foreclosure. [Ord. 4000 § 1, 2015; Ord. 3629 § 4, 2007]. Section 7.10.060 Limitation on water use. In the event that a supplier notifies the city of a shortage of water or the director reasonably determines such a shortage to be imminent, the e m.. unit , sei=vi es diFe to public works director or his/her designee is authorized to implement the water shortage response plan in order to efficiently safeguard the safety and health of the general public or to provide for the public convenience. The use of water in the city, or in any portion thereof, for irrigation, cooling, sprinkling or other uses may be forbidden, restricted, or regulated and such regulations may be made effective as to all customers or as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized. A. Upon receiving notification from a water supplier of an impending water emergency, the viees dieter public works director will notify the mayor and city council within 24 hours or on the next business day that a water emergency will be or has been declared. B. The mayor or eemmtm4y sefviees difeete public works director will issue a public notification of the declaration of water emergency and imposition of restrictions. C. Restrictions will be in effect immediately upon issuance of the public notification. Restrictions and the amount of surcharge for violations of mandatory restrictions will be posted and published within seven days of declaration at least one time in a daily newspaper of general circulation. Notification will be delivered to television and radio stations to provide public information coverage. D. For emergencies when restrictions may extend beyond 21 days, public hearing before the city council will be scheduled by the ^,.mri.unityser-vieesdi feete public works director within seven days following the declaration of emergency. [Ord. 2774 § 1, 1990]. Section 7.10.061 Water restrictions — Powers of the city. The conin . nity serviees three+^ public works director or his/her designee shall conduct public education efforts regarding the benefits and necessity of conservation by the public, and is authorized to promulgate such rules and regulations as may be necessary to implement water use restriction. The regulations will be on file with the city clerk, and the regulations and any amendment thereto shall be effective 30 days after said filing with the city clerk. The public works director or his/her designee is further authorized to make exceptions to such restrictions in specific cases as he/she finds reasonable which may in the director's discretion include, but are not limited to, watering newly seeded or sodded lawns, food sources, landscape ornamental plantings required by the architectural design board, when necessary to alleviate unnecessary economic hardship to commercial or industrial activities, or to prevent possible damage to health, safety or welfare. [Ord. 2774 § 2, 1990]. Section 7.10.062 Water restrictions — Surcharge. It is unlawful for any person to violate water use and restrictions and violation of these provisions shall be a misdemeanor punishable under the general penalty provisions of this code. In addition to other lawful remedies, the eemmtmity see= ,lees dir-eete f public works director or his/her designee is authorized to impose a surcharge for the first occurrence after a documented warning notice and each subsequent violation in which a customer's water usage practices exceed water conservation restrictions as provided for in this chapter. Said surcharge will be added to and become a part of the water bill for the customer in addition to any service rate amounts as set forth in Chapter 7.10 ECC. Prior to the imposition of the first surcharge, a public works division representative shall deliver in person or post a notice at the service address advising of the customer's water usage practices in excess of mandatory water shortage restrictions and advising that a surcharge may be imposed for any further violations. A copy of the violation notice shall also be mailed to the owner and/or occupant. The eama . nity se -vices dir-eet public works director shall promulgate regulations providing for appeal of any notice of violation. Appeals must be received within five working days of delivery of notice of violation. A. Surcharges for violations of water restrictions in effect for the balance of 1990 and until thereafter adjusted shall be: $25.00 for first violation; $50.00 for each violation thereafter. B. Surcharges for all customer classes will be reviewed annually based on actual or projected expenses of the water division necessary to maintain a water supply during an emergency. [Ord. 2774 § 3, 1990]. Section 7.10.063 Enforcement. A. Thedirector-public works director, or his/her designee, including any employee of the city of Edmonds public works division, or field personnel of the community services department, or police officer of the city, shall have the authority to enforce the provisions of this chapter. B. In addition to the surcharges provided in ECC 7.10.062, the ublic works director or his/her designee is authorized to install a water restricting device on the waterline or lines serving any person who commits a second or subsequent violation of any of the provisions of this chapter. Alternatively, after such notice of a violation as may reasonably be given based on the circumstances, the ^^w,.,.unity sei=v ees direete public works director or his/her designee may cause water service to be terminated for subsequent or continuing violation of water conservation restrictions. [Ord. 2774 § 4, 1990; Ord. 2214 § 3, 1981; Ord. 1942 § 3, 1977; Ord. 547, 1943; Ord. 413 § 21A, 1929]. Section 7.10.065 Suspension of service — Failure to comply with sewer connection notice. A. There exists within the city of Edmonds certain earth subsidence and landslide hazard areas, and other environmentally sensitive areas in which the discharge of sanitary waste from private septic tanks constitutes a hazard to the public health, safety and welfare of the city. Such areas may be designated by the city council or by order of the public works director. The Meadowdale landslide hazard area, as defined and described in documents on file with the city of Edmonds and available for inspection at the request of any individual, is hereby declared to be such an area. Failure of any owner or owners of residential or commercial structures located within such a designated area to connect with available sanitary sewers following notice given in accordance with RCW 35.67.190 is hereby declared to be a public hazard and nuisance. B. When any owner or owners of property have failed to connect within the period established by written notification, the ublic works director or his designee shall cause a notification of shut- off of water service to be delivered to the owners of such properties by registered mail. The notice shall specify that water service shall be terminated by the city within 10 days of the date of notice unless: 1. The owner or owners shall cause the property to be connected to the public sewer within such period; or 2. The owner or owners shall apply for a building permit within said 10-day period and connect to the sewer line, present a written contract or adequate assurance between the owner and a licensed plumber evidencing an enforceable obligation and intent to connect to such line and provide a bond in an amount sufficient to fulfill the terms of such agreement in the event that the owner defaults thereon. C. In the event the owner fails to connect to the sewer line within the 10-day period or to provide the adequate assurances required by subsection (13)(2) of this section, water service to such residential or commercial structures and to the property on which they are located shall be discontinued. Service shall not again be instituted until such time as the owner has connected to the sewer system, paid the actual costs of the city including, but not limited to, disconnecting, reconnecting, notifying the owner and otherwise taking action with respect to the requirements of this section. The actual cost thereof may vary, but the city council hereby establishes such reconnection fee to be $250.00; provided, however, that in the event the actual costs are greater, they may be imposed by written order of the eemfntmity sem4ees direete public works director or his designee and the reconnection shall not be completed until such time such assessed costs are paid. In the event that the owner or owners believe that the reconnection charges are in excess of the amount actually incurred or which reasonably may be incurred the city, the owner or owners may appeal the set fee or additionally designated fee to the hearing examiner in the same manner as if it were a Type II decision (see Chapter 20.01 ECDC). [Ord. 3736 § 6, 2009; Ord. 2676 § 1, 1988]. Section 7.20.050 Adoption of state regulations. The ^ w r.,r:* ^^ lees air^^+^ public works director or his/her designee is hereby authorized to develop rules and regulations based upon and including the requirements of the rules and regulations of the State Board of Health regarding public water supplies and the protection of such supplies from contamination entitled "Cross -Connection Control Regulations in Washington State," the provisions of WAC 246-290-490, and the American Waterworks Association, Pacific Northwest Second Edition of "Accepted Procedure and Practice in Cross -Connection Manual." The provisions of the Washington Administrative Code, the rules and regulations of the Department of Health set forth in the Cross -Connection Control Regulations in Washington State and the previously referenced Accepted Procedure and Practice in Cross -Connection Manual are hereby adopted by this reference as fully as if herein set forth in full. Any additional rules and procedures necessary to implement such regulations shall be developed by the eomnitmity services aireetor public works director or his/her designee as appropriate. Such rules and regulations shall be kept on file along with copies of the above referenced regulations and manuals in the office of the city engineer of the city of Edmonds. [Ord. 2956 § 1, 1993; Ord. 1711 § 1, 1974]. 7.80.050 Reporting of proposed rates. Prior to seeking rate adjustments from the WUTC, the haulers shall provide the Edmonds city council, through the eemm-unity setwiees diFe to f public works director, a complete report on the proposed rates and any supporting documentation which the director might require. Section 8.48.610 Contract for towing and storage. A. The Ana -nee dir-eeter- administrative services director is authorized to prepare specifications for towing and storage of vehicles, including instructions to bidders, containing such provisions as the director shall deem advisable and not in conflict with this chapter. The specifications shall be subject to the review and approval of the budget director and the approval of the city council by resolution passed for such purpose. B. In lieu of the individual bidding process authorized under subsection (A) of this section, the city may, at its discretion, establish a rotational list of contractors to provide towing services. Said alternative process may proceed either according to contract specifications developed by the director or pursuant to an existing bidding and contractual arrangement utilized by another municipality with which the city has entered into an interlocal agreement providing for the reciprocal use of each jurisdiction's bids for services. [Ord. 3564 § 1, 2005]. 8.48.611 Contract for towing and storage — Financial responsibility. Any contract for towing and storage under the provisions of this chapter shall require the contractor to demonstrate proof of financial responsibility for any liability which the city may have as a result of any negligence, willful conduct, or breach of contract by the contractor, and for any damage which the owner of an impounded vehicle may sustain as a result of damage to or loss of the vehicle. Proof of financial responsibility shall be furnished either by proof of insurance, filing a surety bond and/or by depositing cash in such amounts as the finance dire ter administrative services director shall determine necessary. [Ord. 3564 § 1, 2005]. Section 9.20.030 Notice of work to be done — Assessment procedures. A. Resolution of Intent. Whenever the city council of the city wishes to devolve the duty and/or burden and/or expense of constructing, reconstructing, or repairing a sidewalk, the city attorney, along with the city engineer, shall prepare a resolution of such intent. The resolution shall include a preliminary assessment roll identifying the abutting property owners who may be asked to complete and/or be assessed for the cost of said construction, reconstruction, or repairs. The resolution shall state whether the abutting property owner is to bear the cost of all or a specific portion of this work. The resolution shall also specify if the owners have the option to complete the work and the amount of time that the property owners shall have to make the repairs themselves if they chose to do so. The resolution shall also set forth a specific time and date for a public hearing on the resolution. B. Publication and Mailing of Resolution (Final). The city clerk shall publish the resolution for two consecutive weeks and mail copies of the resolution, preliminary assessment roll, and hearing notices to all abutting property owners affected by the resolution at least 10 days in advance of the hearing. The city clerk shall generate an affidavit specifying the city clerk's compliance with the afore -referenced publication of the resolution and mailing of hearing notices, assessment roll, and resolution to abutting owners. C. Public Hearing. At the scheduled public hearing, the city council should weigh the resolution in light of citizen comments and consider any appropriate changes in the resolution. Property owners may assert as a defense on limitation an assessment the defenses and/or limitations set forth in ECC 9.20.030(A) and (B) and shall have the burden of establishing such defense and/or limitation by substantial and competent evidence. Any changes to the resolution must be effected by passage of a motion. D. Construction, Reconstruction, Repair of Sidewalks by Abutting Property Owners. If as a result of the hearing, the city council determines to proceed with the improvement(s), the affected abutting property owners shall be notified that they will have up to the time specified in the resolution to complete the repairs. Such notice shall state that in case such owner shall fail to make said construction and/or reconstruction and/or repair within such time, the city will proceed to make the same through its ee rrimnity sefviees dife to public works director, and that said eamnmnivy sefviees dife to f public works director will report to the city council, at a subsequent date to be definitely stated in said notice, and that an amended assessment roll showing the lot or parcel of land directly abutting on such portion of such street so improved by the director, the cost of such improvement, and the name of the owner, if known, and that said city council of the city at the time stated in said notice or at the time or times to which the same may be adjourned shall meet to hear any and all protests against the proposed assessment. E. Second Survey and Report to City Council. Upon the expiration of the time fixed within which the owner is required to construct, to reconstruct, or repair such sidewalk, the city engineer shall determine which property owners have made the necessary repairs, and shall remove their names from the preliminary assessment roll. If the owner has failed to perform such work, the city may proceed to perform such work, and the direeter public works director of the city performing such work shall, within the time fixed in this notice, report to the said city council an assessment roll showing the lot or parcel of land directly abutting such portion of such street so improved, the cost of such work, and the name of the owner, if known. F. Creation of Sidewalk Construction Fund. The city attorney, along with the city engineer, may prepare an ordinance creating a sidewalk construction fund to complete the construction, reconstruction, or repairs not undertaken by the abutting property owners pursuant to the resolution. The ordinance shall include the amended preliminary assessment roll as an attachment. G. Construction. Reconstruction or Repair of Remaining Sidewalks. The city engineer will then call for bids to make repairs to the remaining sidewalks. The city council shall award a contract for the remainder of the repairs and upon completion of the repairs the city engineer shall prepare the final assessment roll and submit the same to the city council. H. Assessments Imposed. The city council of the city shall pass a resolution fixing a date for hearing upon the final assessment roll. The resolution shall assess the cost of such improvement against each abutting property owner and shall fix the time and manner for payment thereof, which said assessment shall become a lien upon said property, and shall be collected in the manner as is provided by law for collection of special assessments under Chapters 35.68, 35.69, and 35.70 RCW. The city clerk shall publish the resolution for two consecutive weeks and mail copies of the resolution, preliminary assessment roll, and hearing notices to all abutting property owners affected by the resolution at least 10 days in advance of the hearing. The city clerk shall generate an affidavit specifying the city clerk's compliance with the afore -referenced publication of the resolution and mailing of hearing notices, assessment roll and resolution to abutting owners. The city council shall either affirm, modify or reject the final assessment roll after said public hearing. [Ord. 3101 § 1, 1996]. Section 9.20.090 Enforcement responsibility. The city eenwa nity seiwiees air-eete public works director shall be charged with the enforcement of this chapter. [Ord. 3101 § 1, 1996]. C eet 1vz5.n� 00 Beard of appeals Regulations. i n�9n 10S.n�0 e,pealed, 10.15.000 Board of appeals Regulati 10.15.01�r10 Ease. 10.15.020 Membership. 10.15.0330—Removah Section 10.16.060 Funds for improvement and maintenance of the cemetery. A. There are hereby created two special funds of the city to be known as the cemetery improvement fund and the cemetery maintenance trust fund. Pursuant to RCW 68.52.040, the city council shall, each year as a part of the budget process, allocate revenue from lot sales, burial fees, and all bequests, gifts and donations received with respect to the cemetery on a percentage basis to said funds. 1. The cemetery improvement fund was established to provide for the day-to-day operations of the cemetery, including special events. Expenditures of this fund may be made both from principal and income and the entire amount of such fund may be expended in any year when such expenditures are within the annual budget approved by the city council. 2. The cemetery maintenance trust fund shall be held in trust for future expenditure solely for the purpose of maintaining the cemetery and any capital improvements or facilities located therein in the foreseeable future. Expenditures from this fund shall be limited to the income earned by said funds along with any additional funds appropriated to this fund by the council or donated by any party for the purpose of annual maintenance. To the extent permitted by law, the city council hereby impresses the current fund balance of this fund, as well as any private donations made in trust in favor of the estate of any person buried therein by the descendants of such persons, the Hubbard Family Foundation and any other persons or entities donating funds to the cemetery maintenance trust fund for the sole purpose of maintenance of the cemetery and its capital improvements. 3. The city council shall consider the number of unsold lots, the future market value of unsold lots, and the probable earnings of the trust fund when fully funded by the sale of all lots when allocating revenue. The goal shall be to actuarially fund the cemetery and maintenance fund with sufficient monies so that it may become and remain a self-sufficient source of funding for all recurring maintenance of the cemetery. B. Any monies in said funds, surplus and available for investment, shall be managed in accordance with RCW 68.52.060. This section shall be considered approval of investments in accordance with RCW 68.52.065 subject to the annual review of the city council in the budget process. All investments shall be reviewed and approved by the firanee a:.o administrative services director. C. Monies shall be paid out of said funds only upon warrants drawn by the city and approved in the manner set forth in Chapter 2.25 ECC. All warrants shall be endorsed by the mayor and attested by the city finanee dire ter - administrative services director. In no event shall any monies be expended from the cemetery maintenance trust fund in excess of the annual income earned nor shall any money be diverted from such trust fund to any purpose other than provided in this chapter. To the extent permitted by law, the council hereby prohibits itself and future councils from diverting funds for the cemetery maintenance trust fund, while reserving its right to budget monies to or approve expenditures from the cemetery maintenance trust funding future budget years as it, in its sole discretion, shall deem appropriate in order to actuarially provide for the establishment of a fund which will generate sufficient income to meet the future foreseeable maintenance needs of the cemetery. Expenditures of monies from the cemetery improvement fund and the cemetery maintenance trust fund shall be provided for in the annual budget by the council subject to the recommendation of the cemetery board. [Ord. 3987 § 1, 2015; Ord. 3797 § 1, 2010; Ord. 2827 § 3, 1991; Ord. 2596, § 1, 1986. Formerly 10.16.050]. Chapter 15.00 PREFACE AND FEES Sections: 15.00.000 Title. 15.00.010 Purpose. 15.00.020 Application fees. 15.00.030 Repealed. 15.00.040 Duties of officials. 15.00.050 References. 15.00.060 Regulated actions. 15.00.070 Severability. 15.00.000 Title. ECC Titles 15 through 21 may be referred to as the community development code. 15.00.010 Purpose. The purpose of the community development code is to assemble in one document, as far as is possible, all the various land use policies and regulations of the city of Edmonds. 15.00.020 Application fees. A. This section shall apply to any and all fees charged by the city planning division, public works department, building division and for park dedication, parking, and variance from undergrounding. Fees Stich fees may are - established from ti fne to ti o by resolution of the city council and can be accessed at the following hyperlink: Development Fees. B. All application fees set according to this section shall be paid before the permit coordinator may accept any application. Application fees are for city processing services, and are not refundable because an application is denied or modified. The city council may adopt rules providing for the partial refund of application fees for withdrawn applications in relation to the number of hours spent by the city staff in reviewing the application. [Ord. 3108 § 1, 1996; Ord. 3023 § 1, 1995; Ord. 2952 § 1, 1993; Ord. 2927 § 1, 1993; Ord. 2882 § 1, 1992; Ord. 2842, 1991; Ord. 2655 § 1, 1988; Ord. 2604 § 1, 1987; Ord. 2549 § 1, 1986; Ord. 2302 §§ 1, 2, 1982; Ord. 2273 § 1, 1982; Ord. 2191 §§ 3, 4, 1981; Ord. 2190 § 1, 1981]. 15.00.030 Other fees. Repealed by Ord. 3108. [Ord. 2498, 1985; Ord. 2252 § 2, 1981; Ord. 2190 § 2, 1981]. 15.00.040 Duties of officials. A. Gewmmanity Development Planning and development director. The eewmEmity development dir-eetefplanning and development director shall administer and enforce the provisions of ECDC Titles 15, 16, 17, 20 and 21, except for those provisions to be enforced by the building official. B. Building Official. The building official shall enforce and administer the provisions of ECDC Title 19, except for Chapter 19.75 which shall be enforced and administered by the fire chief, and the provisions of ECDC Titles 15, 16, 17 and 21 which relate to the construction of structures. C. Public Works Director. The public works director shall administer and enforce the provisions of ECDC Title 18, and any other provision specifically calling for action by the public works director. D. Permit Coordinator. The permit coordinator shall receive applications for all permits required by this code. The permit coordinator shall issue all permits authorized by this code, but only after determining that all procedural requirements of this code have been met. Whenever this code refers to the issuance of a permit, or the granting of an approval, the permit coordinator shall ensure that written evidence of the permit or approval is given to the applicant, and that a copy is retained in the city files. However, when one project requires more than one permit, to the extent practically possible, the permit coordinator shall issue one document consolidating all of the approved permits. 15.00.050 References. A. Code Sections. Whenever a code section is referred to in this code, such as ECDC 18.75.030, the reference is to a section of this code unless otherwise specified. B. Officials. Whenever an official is referred to in this code such as the building official, the reference is to an official of the city of Edmonds or a designated staff member unless otherwise specified. C. Departments. Whenever a department or division is referred to in this code, such as the Fire Department, the reference is to the department or division of the city of Edmonds unless otherwise specified. D. Adoption by Reference. Whenever a document is proposed to be adopted into this code by reference, the document three eepies shall be filed before the adoption with the city clerk for public use and examination, and retained permanently after adoption. Compliance with this requirement, and any other requirement of state law may be stated in the adopting ordinance, but need not be repeated in this code. Any document adopted by reference shall have the same effect as if the document were set forth in full in this code. 15.00.060 Regulated actions. Whenever this code applies to a specific act or type of action, the same provisions apply to all later changes, unless the code specifically provides otherwise. For example, a permit is required to connect to city sewers. This requirement also applies to any changes, repair or replacement of sewer connection. 15.00.070 Severability. It is expressly declared that each section, subsection, paragraph, sentence, clause, phrase and word of this community development code would have been prepared, proposed, adopted, approved, and ratified irrespective of any declaration of invalidity or unconstitutionality of any part of this code. Therefore, should any part of this code be declared invalid or unconstitutional for any reason, this declaration shall not affect the validity or constitutionality of the remaining parts of this code. Section 16.43.020 Uses A. Table 16.43-1. Permitted Uses BD1 BD1 GFSFCommercial BD2 BD3 BD4 BD5 Uses Retail stores or sales A A A A A A Offices A X A A A A Legal/law firms A X A A A A Financial A X A A A A Advising A X A A A A Mortgage A X A A A A Banks (without tellers) A X A A A A Accounting A X A A A A Permitted Uses BD1 BDI GFSFCounseling BD2 BD3 BD4 BD5 A X A A A A Architecture A X A A A A Engineering A X A A A A Advertising A X A A A A Insurance A X A A A A Fitness related business (yoga/pilates/gym/fitness club) A X A A A A Service uses A A(2) A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant, microbreweries/distilleries or food service establishment that also provides an on -site retail outlet open to the public A A A A A A Automobile sales and service X X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C X A A A X Printing, publishing and binding establishments C X A A A C Public markets licensed pursuant to provisions in Chapter 4.90 ECC' A A A A A A Outdoor dining meeting the criteria of Chapter 17.75 ECDC. B B B B B Residential Single-family dwelling A X A A A A Multiple dwelling unit(s) — see ECDC 16.43.030(B) for further location standards A X A A A A Other Uses Bus stop shelters A A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A A Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) A X A A A A Local public facilities, subject to the requirements of ECDC 17.100.050 C C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A A Off-street parking and loading areas to serve a permitted use B X B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B X B B B X Commercial parking lots C X C C C X Wholesale uses X X X C X X Permitted Uses BD1 BDI GFSFHotels BD2 BD3 BD4 BD5 and motels A A A A A A Amusement establishments C C C C C C Auction businesses, excluding vehicle or livestock auctions C X C C C C Drive-in/through businesses (businesses with drive through facilities) X X C A C X Laboratories X X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X X C X X Day-care centers C X C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X X C C A X Medical uses, e.g., A X A A A A Physicians A X A A A A Dental A X A A A A Optometrist (without retail) A X A A A A Physical therapy (without retail) A X A A A A Counseling A X A A A A Other similar medical services A X A A A A Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C X C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C C Outdoor storage, incidental to a permitted use D X D D D D Aircraft landings as regulated by Chapter 4.80 ECC X X D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted NOTES: (1) BD1 Zone GFSF = Ground Floor Designated Street Frontage (first 45 feet measured from public rights-of- way/sidewalk or parks/plazas) as defined under Edmonds Community Development Code Map 16.43-1: Designated Street Front for BD Zones. Buildings set back 15 feet or more from the sidewalk shall not be subject to the BD Zone GFSF requirements. (2) Services — by appointment uses not providing open door retail/dining/entertainment functions as a primary component of the business are not allowed within BD 1 GFSF (first 45 feet). Open door businesses, e.g., real estate offices, banks (with tellers and no drive-throughs), nail and hair salons are allowed. For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. B. Exception to the BD GSFS. The owner of a building in the BD zone may apply for an exception from the restrictions on offices and medical uses within the designated street front for leasable space meeting all of the following criteria: 1. The space is less than 500 square feet; 2. The space does not contain direct access to the street or sidewalk; 3. The previous use was a nonconforming use (e.g., not retail); and 4. The space has been vacant for a period of more than six months. [Ord. 4282 § 3 (Exh. B), 2022; Ord. 3955 § 1 (Att. A), 2014; Ord. 3932 § 6, 2013; Ord. 3918 § 1 (Att. 1), 2013; Ord. 3894 § 4, 2012; Ord. 3700 § 1, 2008]. Section 16.45.010 Uses. 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. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. 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;- 5. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. 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. Day-care centers; 7. Hospitals, convalescent homes, rest homes, sanitariums; 8. 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; 9. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 10. 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. Section 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Retail stores, restaurants, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code; 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure, except as provided in ECDC 16.50.020(B); 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. 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. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street. 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day-care centers and preschools; 11. Hospitals, convalescent homes, rest homes, and sanitariums; 12. 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; 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 14. 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. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 3943 § 1 (Exh. 1), 2013; Ord. 3932 § 4, 2013; Ord. 3894 § 2, 2012; Ord. 3627 § 2, 2007; Ord. 3353 § 4, 2001; Ord. 3269 § 2, 1999*; Ord. 3147 § 1, 1997]. *Code reviser's note: Ord. 3269 expired August 13, 2000. For provisions on the outdoor display of merchandise, see Chapter 17.65 ECDC. Section 16.55.010 Uses. A. Permitted Primary Uses. 1. Marine -oriented services; 2. Retail uses which are either marine oriented or pedestrian oriented, excluding drive-in businesses; 3. Petroleum products storage and distribution; 4. Offices, above the ground floor, excluding medical, dental and veterinary clinics; 5. Local public facilities with marine -oriented services or recreation; 6. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070; 7. Hotels. B. Permitted Secondary Uses. 1. Off-street parking and loading in connection with a permitted use; 2. Outdoor dining the criteria of Chapter 17.75 ECDC. C. Secondary Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC; 2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 4213 § 1 (Att. A), 2021; Ord. 3353 § 6, 2001; Ord. 2366 § 9, 1983; Ord. 2307, 1982; Ord. 2283 § 6, 1982]. Section 16.60.010 Uses. A. Permitted Primary Uses. 1. All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsections (B) and (D) of this section 2. Halfway houses 3. Sexually oriented businesses, which shall comply with the location standards set forth in ECDC 16.60.015, the development regulations set forth in Chapter 17.50 ECDC, and the licensing regulations set forth in Chapter 4.52 ECC. B. Permitted Secondary Uses. 1. Off-street parking and loading areas to serve a permitted use. 2. Indoor storage facilities that either comprise less than 40 percent of a permitted primary use of the building in which they are located or are in a separate accessory building or buildings comprising less than 40 percent of the total leasable building space used for the parcel's permitted primary use(s). 3. Outdoor storage areas that are integral to a permitted primary use, such as storage or display areas for automobile sales, building materials or building supply sales, or garden/nursery sales; provided, that such outdoor uses are screened from adjacent residential zoning districts; 4. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Prohibited Uses. 1. Mobile home parks. 2. Storage facilities or outdoor storage areas intended as a primary use, not secondary to a permitted use. Automobile wrecking yards, junk yards, or businesses primarily devoted to storage or mini storage are examples of this type of prohibited use. D. Uses Requiring a Conditional Use Permit. 1. Aircraft landings as regulated by Chapter 4.80 ECC. [Ord. 4302 § 1 (Att. A), 2023; Ord. 4078 § 1 (Exh. 1), 2017; Ord. 3981 § 1 (Att. A), 2014; Ord. 3635 § 1, 2007]. Section 16.62.010 Uses. A. Permitted Primary Uses. 1. Medical and health care uses including but not limited to hospitals, outpatient clinics, continuing/long-term care services, hospice services, laboratories, medical research facilities, emergency medical services and offices of doctors, dentists, physical therapists, and all others related to medical and health care uses; 2. Medical staff facilities and similar uses, including but not limited to educational and meeting facilities and staff sleeping quarters; 3. Retail sales and services related to medical uses, including but not limited to pharmacies and convenience stores, gift shops, bookstores, florists, medical and health care equipment sales and restaurants. Only uses directly related to supplying medical services may be permitted to operate drive -through facilities; 4. Residential uses dependent upon or related to medical care, including but not limited to convalescent care facilities, nursing homes, retirement homes, group homes for the disabled and overnight accommodations; 5. Day-care facilities; 6. Counseling centers and alcohol and drug treatment facilities; 7. Transit and other transportation -related facilities; 8. Local public facilities, whether or not planned, designated, and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 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. Helicopter pads related to medical use, if approved as part of a master plan and adopted as part of the comprehensive plan; 2. Facilities for the permanent storage and/or disposal of biomedical, radioactive and other hazardous waste shall not be permitted; provided, however, that facilities for the treatment or temporary storage of biomedical, radioactive and other hazardous waste generated within the medical use zone, or by local publicly operated medical facilities related to the hospital, shall be permitted; 3. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. C. Secondary Uses Requiring a Conditional Use Permit. 1. Helicopter pads related to medical use. If the location of a helipad is not included as part of an approved master plan, then a conditional use permit shall be required. In addition to the conditional use permit review criteria, the development and use of a helipad shall be subject to the following conditions: a. The helipad shall be limited to emergency medical uses only; b. Noise from the helipad must be minimized using buffering combined with other operational and site design techniques to minimize the noise impact on surrounding uses; c. The helipad shall be sited no closer than 75 feet to any right-of-way or property boundary; d. The hospital district shall take reasonable measures to ensure safety around the helipad, when in use, and shall comply with all applicable FAA standards and regulations; e. The helipad should be located in the southern portion of the site in order to mitigate potential noise impacts of the residential areas to the north; 2. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. [Ord. 3453 § 3, 2003; Ord. 3353 § 7, 2001; Ord. 3118 § 1, 1996]. Section 16.100.030 Uses. A. Table 16.100.030-1. Permitted Uses District 1 Commercial District 2 Multifamily Residential Uses Single-family dwelling X X Multiple dwelling unit(s) X A Housing for low-income elderly and senior housing X A Commercial Uses Retail stores or sales A A Offices (2nd floor or higher than retail space in the same building) A A Service uses including professional service offices, health clinics A A Retail uses including grocery stores, pharmacy/drug stores and bookstores A E Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X Restaurants (excluding drive -through) A A Pubs, taverns or bars A X Outdoor dining meeting the criteria of Chapter 17.75 ECDC. B Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, shoe repair, restaurant or food service establishment that also provides an on - site retail outlet open to the public A E Automobile sales and service X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C E Printing, publishing and binding establishments C C Community -oriented open air markets conducted as an outdoor operation and licensed pursuant to provisions in the Edmonds City Code A A Bus stop shelters A X Churches, subject to the requirements of ECDC 17.100.020 A F, Local public facilities subject to the requirements of ECDC 17.100.050 C C Off-street parking and loading areas to serve a permitted use B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B B Commercial parking lots A C Wholesale uses X X Permitted Uses District 1 Commercial District 2 Multifamily Hotels and motels A A Amusement establishments C X Auction businesses, excluding vehicle or livestock auctions X X Drive-in businesses X X Laboratories X X Fabrication of light industrial products not otherwise listed as a permitted use X X Day-care centers C C Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A F. Retail stores larger than 12,000 GSF X X Residential treatment facilities for alcoholics and drug abusers X X Light industrial X X Outdoor storage, incidental to a permitted use D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit E = Permitted primary use on ground level floor only X = Not permitted [Ord. 3760 § 1, 2009]. 16.110.010 Uses. A. Table 16.110-1. Permitted Uses W M U Commercial Uses Retail stores or sales A Offices A Service uses A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on -site retail outlet open to the public A Automobile sales and service C Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents A Printing, publishing and binding establishments A Public markets licensed pursuant to provisions in Chapter 4.90 ECC A Outdoor dining meeting the criteria of Chapter 17.75 ECDC Residential Uses Single-family dwelling C Multiple dwelling unit(s) A Other Uses Bus stop shelters A Churches, subject to the requirements of ECDC 17.100.020 C Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) C Local public facilities, subject to the requirements of ECDC 17.100.050 C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A Off-street parking and loading areas to serve a permitted use B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B Commercial parking lots C Wholesale uses X Hotels and motels A Amusement establishments C Auction businesses, excluding vehicle or livestock auctions X Drive-in businesses C Laboratories C Fabrication of light industrial products not otherwise listed as a permitted use X Permitted Uses WMU Day-care centers A Hospitals, health clinics, convalescent homes, rest homes, sanitariums C Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C Counseling centers and residential treatment facilities for current alcoholics and drug abusers C Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C Outdoor storage, incidental to a permitted use D Aircraft landings as regulated by Chapter 4.80 ECC X A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted For conditional uses listed in Table 16.110-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk and/or adjoining commercial areas. 2. The use shall be landscaped and designed to be compatible with the pedestrian streetscape, as described in Chapter 22.110 ECDC. [Ord. 3993 § 1 (Exh. 1), 2015]. Section 17.05.020 Reasonable accommodations. A. Upon the application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the e w,,,..,,nity seM,:^es aireete planning and development director or his designee is hereby authorized to vary, modify, or waive the provisions of the Edmonds Community Development Code, including the provisions of ECDC Title 19, in order to provide a reasonable accommodation as necessary to provide to a disabled person's or care provider to the disabled's full enjoyment of a residence. B. The city's duty to accommodate is an affirmative one, and the ^,,mri.unitysei-,4ees dir-eete planning and development director is thereby authorized to provide accommodations in a thoughtful and proactive manner. C. The following review may, at the discretion of the comm,,niyy services direeto planning and development director, include citizen input into the administrative process. The cone mnity services three+^ planning and development director shall provide written notice of the accommodation to the applicant and property owners within 300 feet of the subject site. D. When applying this reasonable accommodation process to the Edmonds Community Development Code, including the State Building Code and other codes adopted pursuant to ECDC Title 19 and Chapter 19.05 ECDC, the staff shall avoid the stereotypical assumptions regarding the disabled and shall attempt to ascertain the actual physical and/or mental limitation of the disabled individual in order to craft an accommodation which best suits the exercise of that individual's rights. [Ord. 3183 §§ 1, 2, 1998; Ord. 3142 § 2, 1997]. Section 17.05.040 Accommodations personal to the applicant. The accommodation provided shall be personal to the applicant and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who establish the same use within six months of the date the prior use by disabled person or residential care provider ceases. The direeter planning and development director may therefore direct that any physical change in the structure which would otherwise be illegal under the use or bulk requirements of the Community Development Code be brought into compliance six months after the date of sale or transfer of a residential structure to a person or entity not qualifying for the protections of the ADA, FHA and WLAD. [Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997]. Section 17.05.050 Appeal. There shall be no appeal from the decision of the can ri unit . ser lees air-eete planning and development director within the city. Interested persons, that is persons located within 300 feet of the building site, may appeal the reasonable accommodation by filing a petition for review with Snohomish County Superior Court within 10 days of the date of mailing of the written notice of decision. [Ord. 3183 § 2, 1998; Ord. 3142 § 2, 1997]. Section 17.10.000 Bond required. A. Site Improvement Bond. Before the ^ n....,, ity development dire planning and development director approves the issuance of a building permit, or occupancy permit, for a change of use for any proposal for which the city council, a city board or commission, or a city department has required site improvements, the developer or owner of the property involved shall provide the community development dire planning and development director with a performance bond, or similar security, to ensure that the required site improvements are completed before the building is occupied or the use begins. The bond shall be based on the full cost of all required site improvements, including drainage and landscaping. B. Maintenance Bond. Before the ^^mri unity development dir-ee ^r planning and development director approves release of a site improvement bond, the developer or owner shall provide a bond, or similar security, for 15 percent of the amount of the site improvement bond to ensure the maintenance of the site improvements for two years after the site improvement bond is released. C. Release of Bond. The eemff.mit . deN,el^pfn^f+ air^^+^r planning and development director shall release the site improvement bond only after every affected city department has stated in writing that the site improvements are complete and satisfactory, and the developer or owner has provided the required maintenance bond. D. Other Bonds. When other bonds are required, as for a subdivision, they shall be provided to the commanity development '""e^`^ planning and development director. When a proposal involves more than one bond, all bonds shall be provided before any work or occupancy begins. No bonds shall be released by the community development dir-eete planning and development director until work covered by all bonds has been satisfactorily completed. E. Bond Procedure. The Community development a:,.^^+^r planning and development director shall adopt rules for bond amount determination, time limits, alternate acceptable securities, release of portions of bonds on completion of phases of work, additional bond amounts for extensions of time, and related matters. The eemmunity deve ,.r. ent dir-eete planning and development director may refer matters under the scope of this chapter to the appropriate department or division of the city for processing, approval, retainage and release. Chapter 17.30 FENCES* Sections: 17.30.000 General. 17.30.010 Special height restrictions. 17.30.035 Trellises and arbors. *Code reviser's note: See ECDC , n nn n7nm) and Chapter 15.00 ECDC 15.00.020 for fence permit fees. 17.30.000 General. A. A fence permit shall be required for any fence over three feet in height which is also within 10 feet of any street right-of-way or access easement or within 30 feet of any corner. Height shall be measured from the top of the fence to the lowest original grade. B. A fence permit shall be required for any fence within a critical area or its buffer. C. Unless a variance is first obtained, no fence shall be more than six feet in height as measured from the top of the fence to the lowest original grade. D. When a retaining wall three feet in height or greater is contiguous to and below a proposed fence, the proposed fence may be constructed for the purposes of safety not greater than four feet above the top of the retaining wall or the finished grade, whichever is less, without the necessity for a variance. [Ord. 3491 § 3, 2004; Ord. 2954 § 1, 1993; Ord. 2772 § 1, 1990]. 17.30.010 Special height restrictions. A. Streets and Corners. Height shall normally be limited to three feet within 10 feet of any street right-of-way or access easement or 30 feet of any corner, unless an exception is approved. B. Exception. If the city engineer finds that no hazard to users of the street or to nearby property will be created, the city engineer may approve a fence of up to six feet in height. C. Hazard. No fence or other obstruction may be constructed or maintained if it creates a hazard to users of the street or nearby property (ECDC 18.85.060). [Ord. 3491 § 4, 2004; Ord. 2954 § 1, 1993]. 17.30.035 Trellises and arbors. A. Definitions. As used in this section, the referenced terms shall have the following definitions: 1. "Arbor" is a separate freestanding or attached structure that has a lattice roof and lattice walls or a horizontal lattice work structure serving to roof a gate or entrance way. 2. "Lattice" and/or "lattice work" is a framework of cross wood or metal strips or a predominantly open framework of wood or metal designed for decorative purposes or landscaping purposes. 3. "Predominantly open" refers to a lattice work or similar decorative pattern which is designed to permit the free flow of light and air through the framework and which is designed primarily for decorative rather than privacy or security purposes. 4. "Trellis" is a horizontal structure of open lattice work designed and intended to support the growth of vines or other vegetation or a horizontal decorative element composed of lattice work which admits light and air through a predominantly open design. B. For the purposes of regulation under the Edmonds Community Development Code trellises shall be considered to be a fence or a part of a fence. As such, trellises shall be subject to the same height limitations as fences and permits shall be required to be obtained under the same circumstances as a fence. A trellis which has a horizontal element which is more than 36 inches in width measured perpendicular to the fence or trellis shall be considered an arbor and subject to the siting requirements for an arbor. C. In addition to the height limits imposed by ECDC 17.30.000(C), the following additions to a fence may be constructed without a variance: 1. A trellis up to two additional feet in height to a maximum of eight feet may be added as a decorative element to a fence so long as the combined length of the trellis(es) constructed facing a property line do not exceed 25 percent of the total length of that property line. 2. A trellis up to two additional feet in height to a maximum of eight feet may be added as a decorative element to a fence facing a street, alley or access easement so long as the trellis remains free of any plantings, vegetation or other visual obstruction. 3. An arbor up to three additional feet in height to a nine -foot maximum may be constructed over a gate, walkway or entrance. [Ord. 3348 § 1, 2001]. eeti c �s 17.35. 1 n Repealed, 17.35.020 Repealed, 17.37. D,,,,,. fi,,,7 17.35-040 D,,,,,. fi,,,1 17.35. '-010 Pulse. 17.35 Definitionsw 17.35-030 Keeping domesticated in of animals Fesidential zones.. 17.35.040 Keeping in of poultry and cover-ed animals residential zones. > ; Section 17.50.020 Parking space requirements. [Refer to ECDC 17.50.010(C) and 17.50.070 for standards relating to the downtown business area.] A. Residential. 1. Single-family and multifamily. a. Single-family dwellings: two spaces per dwelling unit, except: b. Multiple residential according to the following table: Type of multiple dwelling unit Required parking spaces per dwelling unit Studio 1.2 1 bedroom 1.5 2 bedrooms 1.8 3 or more bedrooms 2.0 2. Boarding house: one space per bed. 3. Rest home, nursing home, convalescent home, residential social welfare facilities: one space per three beds. 4. Single-family dwellings with accessory dwelling unit: three spaces total. B. Business. 1. Retail stores, including art galleries, convenience stores, department stores, discount stores, drug stores, grocery stores, supermarkets: one space per 300 square feet; 2. Furniture, appliances, and hardware stores: one space per 600 square feet; 3. Services uses, including barber shops, beauty shops, dry cleaners, laundries, repair shops: one space per 600 square feet; 4. Medical, dental and veterinarian offices, banks and clinics: one space per 200 square feet; 5. Business and professional offices with on -site customer service: one space per 400 square feet; 6. Offices not providing on -site customer service: one space per 800 square feet; 7. Bowling alley: four spaces per bowling lane; 8. Commercial recreation: one space per 500 square feet, or one space for each customer allowed by the maximum permitted occupant load; 9. Car repair, commercial garage: one space per 200 square feet; 10. Drive-in restaurants, automobile service station, car dealer, used car lot: one space per 500 square feet of lot area; 11. Restaurant, tavern, cocktail lounge: if less than 4,000 square feet floor area, one per 200 square feet gross floor area; if over 4,000 square feet floor area, 20 plus one per 100 square feet gross floor area in excess of 4,000 square feet; 12. Plant nurseries (outdoor retail area): one space per five square feet of outdoor retail area; 13. Motels and hotels: one space per room or unit; 14. Retail warehouse, building materials yard: one space per 1,000 square feet of lot area or one per three employees; 15. Manufacturing, laboratories, printing, research, automobile wrecking yards, kennels: one space per two employees on largest shift; 16. Mortuary: one space per four fixed seats or per 400 square feet of assembly area, whichever is greater; 17. Marina: to be determined by the hearing examiner, using information provided by the applicant, and the following criteria: a. The type of storage facility (moorage, dry storage, trailer parking) and intended use (sailboats, fishing boats, leisure boats), b. The need to accommodate overflow peak parking demand from other uses accessory to the marina, c. The availability and use of public transit; 18. Storage warehouse: one space per employee; 19. Wholesale warehouse: one space per employee; 20. Adult retail store: one space per 300 square feet; 21. Sexually oriented business (except adult retail store): one space for each customer allowed by the maximum permitted occupant load. C. Community Facilities. 1. Outdoor places of public assembly, including stadiums and arenas: one space per eight fixed seats, or per 100 square feet of assembly area, whichever is greater; 2. Theaters: one space per five seats; 3. Indoor places of public assembly, including churches, auditoriums: one space per four seats or one space per 40 square feet of assembly area, whichever is greater; 4. gfeater-jPrimary and Secondary Schools: See ECDC 17.100.050(M) for parking standards relating to primary and secondary schools; 5. Residential colleges and universities: six spaces per classroom, or one space per dutime employee' whichever is greater, 6 -. Nonresidential colleges and universities: one space per daytime employee; 7. Museums, libraries, art galleries: one space per 250 square feet; 8. Day-care centers and preschools: one space per 300 square feet, or one per employee, plus one per five students, whichever is larger; 9. Hospitals: three spaces per bed; 10. Maintenance yard (public or public utility): one space per two employees. D. Electric Vehicle (EV) Charging Infrastructure Parking Standards. See Chapter 17.115 ECDC for parking standards relating to electric vehicle (EV) charging infrastructure. [Ord. 4251 § 2 (Exh. A), 2022; Ord. 3496 § 2, 2004]. 17.50.030 Calculations. A. Square Feet. Unless otherwise specified, square feet refers to the gross building square footage, including outdoor areas used for the same use (such as an outdoor eating area for a restaurant). B. Combination of Uses. Combination of uses shall meet the requirement based on the sum of all the uses reduced by any applicable joint use provisions (see ECDC 17.50.060). Examples of such combined uses are: a furniture store with a retail display area and attached storage warehouse, a storage warehouse with attached office, a church with a parochial school, mixed use building with commercial and residential uses and so forth. C. Different Uses on Same Site. The requirement for different uses on the same site shall be the sum of all requirements for the individual uses, reduced by any applicable joint use provisions. D. Uses Not Specified. Any use not listed above shall meet the requirements of the most similar listed use as determined by the e w.mt"i4t, deN,elepment dir-ee planning and development director. E. Fractions. When the requirements of this chapter result in a fractional number of parking spaces, one space shall be provided for a fraction of one-half or more, and no space shall be required for a fraction of less than one-half. [Ord. 3496 § 2, 2004]. Section 17.50.070 Downtown business area parking requirements. A. See ECDC 17.50.010(C) for the parking requirements in the downtown business area. B. Downtown Business Area Defined. The downtown business area consists of all land zoned BC, BD or CW and located in the area east of Puget Sound, south of €dmends Dale- Street, west of Seventh Avenue, and north of Pine Street. For the purposes of this chapter only, the downtown business area shall include all commercially zoned properties within the specified boundaries. C. Exceptions to the required parking standards in the downtown area. When requested by the developer, the staff, using information provided by the applicant, may decrease the required parking for a building listed on the Edmonds register of historic places in order to retain historic elements of the building during its expansion, remodeling or restoration. Any building construction or remodeling activities serving as the justification for the parking exception shall be consistent with the criteria and procedures governing historic buildings contained in Chapter 20.45 ECDC. The decision on the parking exception shall be processed as a Type II decision. [Ord. 3736 § 15, 2009; Ord. 3628 § 2, 2007; Ord. 3496 § 2, 2004]. Section 17.50.090 Temporary parking lots. A. Conditional Use. A conditional use permit shall be required in order to construct or maintain a temporary parking lot in any B (business) or C (commercial) zone. The initial permit shall be valid for a term of one year; provided, however, that extensions may be approved under the following conditions: 1. The applicant may apply to the planning and development director to have said permit extended for a period of one year upon the filing of a written application stating the reasons for said requests prior to the expiration of the original permit. 2. The applicant may, in addition, apply for an additional two-year extension through the vehicle of a conditional use permit for a temporary parking lot. In addition to satisfying the criteria of ECDC 20.05.010, the applicant shall be required to demonstrate that a public benefit will result from the issuance of the two-year extension. In no event shall a temporary parking lot be permitted to continue beyond four years from the date the initial conditional use permit is granted. 3. Applications for a conditional use permit, or an appeal of a staff decision approving or denying a one-year extension thereof, shall be reviewed by the hearing examiner under the same terms and conditions as any conditional use permit utilizing the criteria contained in Chapter 20.05 ECDC and under the procedural requirements contained in Chapter 20.06 ECDC. An application for a two-year extension shall be processed in the same manner as an initial application for a conditional use permit for a temporary parking lot and new or changed conditions may be imposed in the course of that process. B. Improvements. The hearing examiner shall require the applicant to meet the public improvement and dedication requirements for permanent use of the director of community services. The applicant shall also be required to provide a durable, well -drained, dust -free and hard surface for the parking lot. C. Review by the Architectural Design Board. If the conditional use permit is approved, the applicant shall then submit the proposal for review to the architectural design board, and shall comply with any requirements of the board as to signage, lighting, screening and landscaping. Nothing herein shall be interpreted to prohibit an applicant from filing a simultaneous request for review of his conditional use permit application by the hearing examiner and/or review of said lot by the architectural design board. [Ord. 3783 § 3, 2010; Ord. 3775 § 3, 2010; Ord. 3736 § 16, 2009; Ord. 3496 § 2, 2004]. Section 17.70.000 Security units. A. Defmition. A "security unit" is a building, mobile home, trailer, or vehicle used temporarily in connection with providing security during construction of a structure or building for which a valid building permit has been issued. B. Conditions. A security unit is permitted in all zones under the following conditions: 1. All sanitation facilities and safety measures shall be approved in advance by the building official, health official and other appropriate city officials. 2. Unless earlier directed by the building official pursuant to subsection (13)(3) of this section, security units in the following zones shall be removed after the following time periods: a. In an RS zone, one year; b. All other zones, one year, with a one-year extension if the e ri ffl-unity development dir-ee planning and development director finds that the project is large enough to require the longer period, disregarding any self-imposed delay. 3. The building official may order the removal of a security unit if any of the following situations occur: a. The building permit expires or is cancelled. b. The building official issues an occupancy permit. c. The building official determines that the security structure is no longer needed to provide protection against theft or vandalism. [Ord. 3742 § 1, 2009]. Section 17.115.020 Definitions. A. "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW and RCW 19.27.540. B. "Battery exchange station" means a facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and RCW 19.27.540. C. "Charging level" means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. Levels I, II, and III are defined by the electrical output, per the following specifications: 1. Level I. Considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit. 2. Level IL Considered medium charging and operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit. 3. Level III. Considered fast or rapid charging and operates on a 60 amp or higher breaker on a 480 volt or higher three-phase circuit with special grounding equipment. D. "Designated accessible parking space" means an accessible parking space required by WAC 51-50-005 and designated for the exclusive use of parking vehicles with a state disabled parking permit. E. "Electric vehicle" or "EV" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off -board source, that is stored on board for motive purpose. F. "Electric vehicle capable" or "EV capable" means a parking space that has listed an install panel capacity and conduit (raceway) and electrical capacity (breaker space) allocated to accommodate the future build -out of an electric vehicle charging station with Level II or Level III charging circuits. G. "Electric vehicle charging station" means a public or private parking space that is served by EV ready or EV installed forms of electric vehicle charging infrastructure that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. H. "Electric vehicle charging infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including but not limited to battery charging stations, rapid charging stations, and battery exchange stations. I. "Electric vehicle installed" or "EV installed" means a fully installed electric vehicle charging station for Level II or Level III charging levels. J. "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle. K. "Electric vehicle ready" or "EV ready" means a parking space that is designed and constructed to include a fully wired circuit with a Level II or Level III electric vehicle charging receptacle outlet or termination point, including conduit and wiring and the electrical service capacity necessary to serve the receptable, that allows for future installation of an electrical vehicle charging station. L. Electric Vehicle Supply Equipment or EVSE. See "Electric vehicle charging station." M. Nonresidential Use. For the purposes of this chapter, a "nonresidential use" means any primary use that is not a residential use such as, but not limited to, business uses, commercial uses, industrial uses, or public facility uses. N. "Rapid charging station" means a Level III electric vehicle charging station that allows for faster recharging of electric vehicle batteries through higher power levels. O. Substantial Damage. For the purposes of this chapter, "substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the replacement cost of the structure before the damage occurred. P. Substantial Improvement. For the purposes of this chapter, "substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a primary structure, the cost of which equals or exceeds 50 percent of the market value of the primary structure before the "start of construction" of the improvement. [Ord. 4251 § 1 (Exh. A), 2022]. Figure 17.115-1: Electric Vehicle Charging Capacities ° EV Capable Install electrical panel capacity with a dedicated branch circuit and a continuous raceway from the panel to the future EV parking spot. EV Ready Install electrical panel capacity and raceway with conduit to terminate in a function box or 240 volt charging outlet (typical clothing dryer outlet. EV Installed Install a minimum number of Level 2 EV charging stations. Section 18.00.010 Application. A. Forms and Fees. The public works department shall provide application forms. Application fees and other fees shall be as set in Chapter ECDC 15.00.020. B. Required Information. The applicant shall provide the following information: 1. Applicant's name and address; 2. Owner's name, address and written consent if the applicant is not the owner; 3. The location, by address and legal description, of the site; 4. A site plan, to scale, showing existing and proposed structures, improvements and affected streets, utilities, vegetation, LID elements, etc.; 5. The applicant shall clearly specify on the plans, in a separate written statement, how the proposed development meets the requirements of this title; 6. Further information required by the portion of the community development code that governs the type of application; 7. Further information required by general rules adopted by the public works director and information required by the public works director to properly review an individual application; 8. A release of the city from all damages arising from any action or inaction of the city based on false, misleading or incomplete information furnished by the applicant; 9. Permission to city staff to inspect the property involved to determine whether the application should be approved. C. Decision. The public works director or his designee shall decide whether to approve, conditionally approve, or deny the application, based on staff analysis and comments from other departments. The decision shall be in writing, and unless another appeal procedure is specifically identified in the provisions of this title, shall be appealable to the hearing examiner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to the applicant and/or appellant and any other party who has requested notice in writing or provided written notice during the application process. Such notice shall be provided in writing at least five (5) business days prior to the hearing. No application may be approved that conflicts with any portion of the Community Development Code unless that portion is specifically subject to waiver or variance. [Ord. 4085 § 5 (Exh. A), 2017; Ord. 3788 § 1, 2010]. Section 18.05.000 Scope. A. This chapter shall be interpreted to require all new or extended utilities to be underground, except when exempted by this section. 1. "Utilities" shall mean all equipment used to deliver services by a utility such as electricity, telephone or cable television. 2. "Common utilities" shall mean utilities which serve more than one lot or commercial development. 3. "Private utility services" shall mean the utilities which connect a lot or commercial development with common utilities. 4. "Utility" shall mean the person, agency, corporation or other organization providing utility service. 5. "Existing utility use" shall mean the existing utility service as judged in three categories: number of poles, number of lines and height of poles within the project area for which the permit is sought. 6. "New or extended utilities" shall mean only utilities which are being built or extended to serve a new commercial, industrial, or multifamily residential development which has not had that type of utility service, or to serve a new single-family residential subdivision. a. This definition shall not include: i. Temporary extensions of service for construction purposes; ii. Additions to any existing aboveground utility system where such additions are not for the purpose of serving new commercial development or a single-family residential subdivision; nor iii. Rebuilding or replacing existing common utilities; provided, that the rebuilt or replaced structures do not expand the existing utility's use within the project area by 10 percent, except as provided in Chapter 20.50 ECDC for wireless facilities. "Expansion" shall include the number and height of poles, as well as the number of wires or cable carried thereon. b. All utility services sought to be constructed as temporary services, additions or rebuilt or replaced service shall be reviewed prior to issuance of a permit by the een ri unity seFvi es direeter public works director. Any utility service found to be a "new or extended" service or an "expanded" service shall be reviewed as herein provided. 7. "Multifamily residential" shall mean development intended for use as apartments, duplexes, condominiums, or planned residential development. 8. "Project area" shall mean the actual area in which the project is proposed and shall include all structures or facilities actually, physically impacted by the improvement as well as any necessary appurtenant or accessory structures. B. Exemptions. The following are exempt from the underground requirement of ECDC 18.05.010, but are still subject to the design standards of ECDC 18.05.030: 1. Electric utility substations, padmounted transformers and switching facilities; 2. Electrical utilities of more than 55 kilovolts; 3. Communication utilities not located on or along a public street right-of-way or private access easement; 4. Street light poles; 5. Telephone pedestals and similar devices; 6. Police and fire sirens, traffic -control devices and other similar municipal equipment; 7. Communication antennas which meet current FCC requirements, if any. [Ord. 3845 § 3, 2011; Ord. 3580 § 1, 2006; Ord. 2491, 1985]. 18.05.040 Variances.* Applications for variances from the underground requirements of this chapter shall be reviewed by the eenwnunivy seFviees dire public works director as a Type II development project permit application (see Chapter 20.01 ECDC). For the purposes of this chapter, the special circumstances necessary to justify a variance from the undergrounding provisions of this chapter shall be limited to technological impracticability of any required underground installation or to a finding that the cost of the underground installation is excessive in light of the benefits derived and outweighs the benefits to be gained by the public. [Ord. 3736 § 25, 2009; Ord. 2498, 1985; Ord. 2491, 1985]. *Code reviser's note: Variance fee for underground wiring shall be as set in C4apt^-'�ECDC 15.00.020. Section 18.10.010 Sewer connections. A. When Required. The owner of any building within 200 feet of any trunk or lateral sewer must connect to the sewer within 60 days of acquiring the property and must pay to the city a connection fee as set forth in Chapter 45:00-ECDC 15.00.020. All connection fees shall be paid to the city before connecting to the sewer. B. Future Connection. The owners of any house or home not within 200 feet of any trunk or lateral sewer within the city must connect to the sewer within 60 days of the completion of any future trunk or lateral sewer upon which the homeowner may then abut or be within 200 feet, as required by the regulations set forth in this chapter. Any owner or owners who become subject to these regulations and charges as a result of a latecomer agreement shall be required to connect for a period of two years after the acceptance date by the city council of the sewer subject to such agreement. C. Restriction of Water Service. If a property owner or owners within an area served by sewerage systems of the city, including those property owners on streets and alleys within 200 feet along which sanitary sewers have been constructed, have not connected their private sanitary drain and sewers with the city system, the city may restrict water service to the property to the minimum necessary to insure health and safety of the inhabitants, or where a health hazard exists or is threatened the city may shut off the city water supply to the premises. D. Connection. The city council may order connection to the sewer, and the director of public works shall report to the city council as soon as possible, an assessment roll showing the description of the property connected, and the cost of each connection. E. Hearing. The city clerk shall notify the owner of each property in the same manner as notice is provided in a local improvement district of each proposed assessment. The city council shall hold a hearing under the procedures applicable to a Type V legislative process. The city council shall, by ordinance after the hearing, assess the cost of making the connection against the property connected. The assessment shall become a lien against each property, shall be collected in the manner provided by law for the collection of local improvement assessments, and shall bear interest at the rate of interest established by ordinance from the date of the approval of the assessment. F. Permit Required. It shall be unlawful for any person to make any sort of connection to the city sewer line without a permit from the public works director. [Ord. 3788 § 2, 2010]. Section 18.20.040 Permits. A. Required. No person shall construct, install or modify sewage disposal systems without a current city permit. The permit shall be posted on the building or premises where the work permitted is being done, and unless revoked, shall not be removed until such work has been finally approved by the public works director. B. Fee. The fee for a sewage disposal system permit shall be as set in Chapter ECDC 15.00.020. C. Approval Criteria. The public works director shall only approve an application if in his judgment the physical features of property on which it is proposed to locate the sewage disposal system, or the design of the proposed sewage disposal system, are adequate for sale and effective operation of the system. D. Additional Materials. Application for a sewage disposal system permit shall be supported by the following: 1. A completely dimensioned plot plan, drawn to scale, showing direction of surface drainage, approximate slope, and other topographical features relevant to the design and installation of an adequate and efficient sewage disposal system; 2. Construction plans and specifications; 3. A log of soil formation and ground water level as determined by test holes in the proposed disposal field; 4. A statement of absorption characteristics of the soil as determined by percolation tests made in the proposed disposal field. E. Term. Permits shall expire one year from date of issue. Section 18.30.010 Definitions. For the purposes of this chapter, the following definitions shall apply: "Adjustment" means a variation in the application of a minimum requirement to a particular project. Adjustments provide substantially equivalent environmental protection. "Applicant" means the owning individual(s) or corporations or their representatives applying for the permits or approvals described in this chapter. "Approval" means the proposed work or completed work conforming to this chapter as approved by the public works director or their designee. "Arterial" means a road or street primarily for through traffic. The term generally includes roads or streets considered collectors. It does not include local access roads which are generally limited to providing access to abutting property. See also RCW 35.78.010, 36.86.070, and 47.05.021. "Best management practices (BMPs)" means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the city that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. "Bioretention BMPs" means engineered facilities that treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to the 2019 Stormwater Management Manual for Western Washington (SWMMWW), Volume V for bioretention BMP types and design specifications. "Category 1 Project Site" means a project site subject to Minimum Requirements No.I through No. 5. See ECDC 18.30.060(C). "Category 2 Project Site" means a project site subject to Minimum Requirements No.l through No. 9. See ECDC 18.30.060(C). "Certified erosion and sediment control lead (CESCL)" means an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the SWMMWW). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. Certification is obtained through an Ecology -approved erosion and sediment control course. Course listings are provided online at Ecology's website. "City's municipal separate storm sewer system" or "MS4" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are owned or operated by the city of Edmonds, designed or used for collecting or conveying stormwater, and are not a combined sewer nor part of a publicly owned treatment works as defined in 40 CFR 122.2, and which is defined as "large" or "medium" or "small" or otherwise designated by Ecology pursuant to 40 CFR 122.26. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Commercial agriculture" means those activities conducted on lands defined in RCW 84.34.020(2) and activities involved in the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. "Common plan of development or sale" means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules and/or by different contractors, but are still under a single plan. Examples include: (1) phase projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); (2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; (3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility; and (4) linear projects such as roads, pipelines, or utilities. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements. "Converted vegetation (areas)" means the change in land cover from native vegetation, pasture scrub/shrub, or unmaintained nonnative vegetation to lawn or landscaped areas, or where native vegetation is converted to pasture. "Creek" is synonymous with "streams," which is defined in ECDC 23.40.005. "Detention facility" means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. "Development" means land -disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses. Creation or addition of hard surfaces, or replacement of a hard surface that is not part of a routine maintenance activity. Structural development, including construction, installation, replacement, or expansion of a building or other structure. Subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. "Director" means the city's public works and utilities director or a designee with an appropriate background in engineering or another related discipline. "Discharge point" means the location where a discharge leaves the municipal separate storm sewer system (MS4) through the city's MS4 facilities/BMPs designed to infiltrate. "Ecology" means the Washington State Department of Ecology. "Effective impervious surface" means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces on residential development sites are considered ineffective if: (1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30 — "Full Dispersion," as described in Chapter 5 of Volume V of the SWMMWW; (2) residential roof runoff is infiltrated in accordance with downspout full infiltration systems in BMP T5.10A in Volume III of the SWMMWW; or (3) approved continuous runoff modeling methods indicate the entire runoff file is infiltrated. "Erodible or leachable materials" means wastes, chemicals, or other substances that measurably alter the physical or chemical characteristics of runoff when exposed to rainfall. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, detachment and movement of soil or rock fragments by water, wind, ice, or gravity. See the SWMMWW Glossary for examples of types of water erosion. "Excavation" means the mechanical removal of earth material. "Exception" means relief from the application of a minimum requirement to a project. "Fill" means a deposit of earth material placed by artificial means. "Groundwater" means water in a saturated zone or stratum beneath the land surface or below a water body. "Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. "Highway" means a main public road connecting towns and cities. In Edmonds, this includes State Route 99, State Route 524, and portions of State Route 104, that are classified as principal arterials in the city's comprehensive transportation plan. "Illicit discharge" means any direct or indirect nonstormwater discharge to the city's MS4, groundwaters, or a water body, except as expressly allowed by Chapter 7.200 ECC. "Impervious surface" means a nonvegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Outdoor swimming pools shall be considered impervious surfaces in all situations. In addition, lawns, landscaping, sports fields, golf courses, and other areas that have modified runoff characteristics resulting from the addition of underdrains and impermeable or low permeability liners are to be considered impervious surfaces. If no liner is installed, these areas (lawns, landscaping, sports fields, golf courses, etc.) served by underdrains may be considered partially pervious if the underdrain is set a minimum of eight inches above the in -situ soils in a manner to allow infiltration over the facility bottom. "Lake" means an inland body of fresh water surrounded by land. "Land disturbing activity" means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land -disturbing activities include but are not limited to demolition, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land -disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land -disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. "Low impact development (LID)" means a stormwater and land use strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site features, site planning, and distributed stormwater management practices that are integrated into a project design. "LID best management practices (BMPs)" means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water reuse. "LID principles" means land use management strategies that emphasize conservation, use of on -site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. "Maintenance" means repair and maintenance activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type of structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish -blocking, round culvert with a new box culvert under the same span, or width, of roadway. In regard to stormwater facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in the maintenance standards of Appendix A, Volume V of the SWMMWW. "Maximum extent practicable (MEP)" refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: "Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants." "MS4" means the city's municipal separate storm sewer system. "Native vegetation" means vegetation comprised of plant species, other than noxious weeds, indigenous to the coastal region of the Pacific Northwest which could have been reasonably expected to occur naturally on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. "Natural drainage systems and outfalls" means the location of the channels, swales, and other nonmanmade conveyance systems as defined by the earliest documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. "New development" means land -disturbing activities, including Class IV general forest practices that are conversions from timberland to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. This chapter does not distinguish the difference between new development and redevelopment; all projects in Edmonds shall meet the requirements for new development. "New impervious surface" means a surface that is: (1) changed from a pervious surface to an impervious surface (e.g., resurfacing by upgrading from dirt to gravel, a bituminous surface treatment ("chip seal"), asphalt, concrete, or an impervious structure); or (2) upgraded from gravel to chip seal, asphalt, concrete, or an impervious structure; or (3) upgraded from chip seal to asphalt, concrete, or an impervious structure. Note that if asphalt or concrete has been overlaid by a chip seal, the existing condition should be considered as asphalt or concrete. "On -site stormwater management BMPs" is a synonym for "low impact development BMPs." "Outfall" means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the city's MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). "Permeable pavement" means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. "Person" means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or city government unit, however designated. "Pervious surface" means any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Pollution -generating hard surface (PGHS)" means those hard surfaces considered to be a significant source of pollutants in stormwater runoff. See the listing of surfaces under pollution -generating impervious surface. "Pollution -generating impervious surface (PGIS)" means those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the glossary of the SWMMWW); storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, nonleachable material (e.g., baked -on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other indoor activities. "Pollution -generating pervious surfaces (PGPS)" means any pervious surface subject to (1) vehicular use, (2) industrial activities (as further defined in the glossary of the SWMMWW, or (3) storage of erodible or leachable materials, wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, (4) use of pesticides and fertilizers, or (5) loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns, and landscaped areas including: golf courses, parks, cemeteries, and sports fields (natural and artificial turf). "Predeveloped condition" means the native vegetation and soils that existed at a site prior to the influence of Euro- American settlement. The predeveloped condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement. "Project" means any proposed action to alter or develop a site. "Project site" means that portion of a property, properties, and/or right-of-way subject to land -disturbing activities, new hard surfaces, or replaced hard surfaces. For projects that involve land -disturbing activity on one or more parcels and/or land -disturbing activity in the city right-of-way, the "project site" includes all areas of land disturbance. If the project is part of a common development plan or sale, the disturbed area of the entire plan shall be used in determining permit requirements. "Rain garden" means a non -engineered shallow landscaped depression, with compost -amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. "Receiving waterbody or receiving waters" means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4 discharges. Redevelopment. This chapter does not distinguish the difference between new development and redevelopment; all projects in Edmonds shall meet the requirements for new development. Where existing unmitigated surfaces are to remain, the additional "retrofit" requirement per ECDC 18.30.060(D)(5)(b)(i) applies. "Replaced hard surface" means, for structures, the removal and replacement of hard surfaces down to the foundation. For other hard surfaces, it means the removal down to bare soil or base course and replacement. "Replaced impervious surface" means, for structures, the removal and replacement of any exterior impervious surfaces down to the foundation. For other impervious surfaces, it means the removal down to bare soil or base course and replacement. "Road -related project" means a project that all of, or the majority of, the new or replaced hard surface consist of roadway, shoulders, curbs, gutters, sidewalks, or walkways, either publicly or privately funded. Frontage improvements constructed as a requirement for a development project are not considered a road -related project. "Roadway" means traveled hard surface portion of any public or private road or street. "Runoff' means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow groundwater. It also means the portion of rainfall or other precipitation that becomes surface flow and interflow. "Site" means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to development. For road projects, or utility projects in the right-of-way, the length of the project site and the right-of- way boundaries define the site. Note that drainage impacts are generally assessed for the "project site" under separate definition. "Slope" means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope. "Soil" means the unconsolidated mineral and organic material on the intermediate surface of the earth that serves as a natural medium for the growth of land plants. "Source control BMPs" means a structure or operation that is intended to prevent pollutants from coming into contact wither stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational source control BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW for details. "Stormwater facility" means a constructed component of a stormwater drainage system, designed and constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales. "Stormwater Management Manual for Western Washington (SWMMWW)" means the Washington State Department of Ecology's 2019 Stormwater Management Manual for Western Washington. Referred to as the 2019 SWMMWW. "Stormwater site plan" means the comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed development project for compliance with stormwater requirements. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. It includes a construction stormwater pollution prevention plan (construction SWPPP) and a permanent stormwater control plan (PSC Plan). Guidance on preparing a stormwater site plan is contained in Chapter 3 of Volume I of the SWMMWW. "Stormwater treatment and flow control BMPs/facilities" means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Minimum Requirements No. 6 (Treatment), Minimum Requirement No. 7 (Flow Control), or both as described in ECDC 18.30.060. "Threshold discharge area" means an area within a project site draining to a single natural discharge location or multiple natural discharge locations that combine within one -quarter mile downstream (as determined by the shortest flowpath). The examples in Figure 1: Example TDA Delineations below illustrate this definition. The purpose of this definition is to clarify how the thresholds of this code are applied to project sites with multiple discharge points. "Vehicular use" means regular use of an impervious or pervious surface by motor vehicles. The following are subject to regular vehicular use: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways. Figure 1: Example TDA Delineations Example of a Project Site Example of a Project Site Example of a Project She with with a single natural with multiple natural multiple natural discharges and discharge and a single TDA discharges and a single TDA multiple TDAs TCIA Single Jest s' f TpA I TDA discharge Greater than f4aturol discharge ! Natural J discharge )1/4 location 114 mile locations , 114 mil locations mile 114 mile ` rl Example of a road project with multiple discharge points and a single TDA 7I u R H I �f H 1c Because then ht-most discharge connects to the other two discharge novy palhswihinI mile, all areas are ,l t fl connected as one TDA, Discharge 114 mile.,174 mile -- location - — - - 1/4 mile n y E r Example of a road protect whh multiple discharge points and multiple TDAs. Note: Shaded areas represent ' Discharge 114 mile the limits of the 114 mile `�-. '� location \-'� Project she. --- — _---------- NOT TO SCALE Example TDA Delineations DEPARTMENT OF Rev ised March 201E ECOLOGY please see http.YAviwwecy wa.gov/copynghthtml for copyright notice including permissions, State of Washington limitation of liability, and disclaimer, The following are not considered subject to regular vehicular use: sidewalks not subject to drainage from roads for motor vehicles, paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance access roads. "Waterbody" means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands. "Waters of the state" includes those waters defined as "waters of the United States" in 40 CFR 122.2 within the geographic boundaries of Washington State, and "waters of the state" as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the state of Washington. "Wetlands" means as defined in ECDC 23.40.005. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.30.020 Authority and regulation. A. The public works and utilities director shall administer this chapter and shall be referred to as the director. B. The director shall have the authority to develop, implement, and enforce policies (such as the Edmonds Stormwater Addendum) and procedures to administer and enforce this chapter per ECDC 18.30.4-$100. and19.30.120, stieh as the Edmonds stormwater addendum-. - C. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail. When this chapter imposes requirements that are less protective of human health or the environment than those set forth elsewhere, the provisions of the more protective requirements shall prevail. D. The director shall have the authority to impose additional requirements on a project or site to meet the purpose of this chapter based on site -specific factors including, but not limited to, location, soil conditions, slope, and designated use. E. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this chapter. F. Compliance with the provisions of this chapter does not necessarily mitigate all impacts to the environment. Thus, compliance with this chapter should not be construed as mitigating all drainage water or other environmental impacts, and additional mitigation may be required to protect the environment pursuant to other applicable laws and regulations. The primary obligation for compliance with this chapter and for preventing environmental harm on or from property is placed upon the applicant. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.30.050 Administration. A. Application, Submittals, and Review. 1. The director shall review all plans and all other submittals required by subsection (A)(3) of this section for compliance with this chapter when: a. An application for a city permit is required under all other chapters of this title or ECDC Title 19; or b. A subdivision application is submitted per ECDC 20.75.040. 2. In all other situations when actions under ECDC 18.30.030 apply to a project site, review shall be under a stormwater permit. 3. All stormwater review submittals shall contain, in addition to the information required under any other applicable city code, a stormwater site plan as described in the Edmonds stormwater addendum (see ECDC 18.30.060) and any other information required by the director. B. Inspections. 1. The director shall inspect projects at various stages of the work to determine if they comply with the requirements of this chapter, and enforcement actions shall be taken as necessary. These inspections will include, but not be limited to, the following: a. Prior to site clearing and construction to assess site erosion potential; and b. During construction to verify proper installation and maintenance of required erosion and sediment controls and other approved plan components; and c. All permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90 percent of the lots are constructed (or when construction is stopped and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenance standards as needed; and d. Upon completion of construction and prior to final approval to ensure proper installation of permanent stormwater control facilities and verify that a maintenance plan is completed and responsibility for maintenance is assigned for stormwater treatment and flow control BMPs/facilities; and e. Post construction inspections per ECDC 18.30.090. 2. When reasonably required by the director to accomplish the purpose of this chapter or to comply with local, state or federal law or regulation on stormwater, special inspection or testing shall be performed by the applicant. C. Fees. Application, review and inspection fees as set in Chapter 0 ECDC 15.00.020 shall be paid. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.30.090 Post construction inspection and maintenance roles and responsibilities. Proper construction inspection and maintenance of stormwater facilities and operational and structural source control BMPs at businesses/sites is essential for the protection of the city's MS4 and the environment. A. Stormwater Maintenance and Inspection Standards. Stormwater facilities shall be inspected and maintained per the requirements of Volume I and Volume V of the SWMMWW. For systems which do not have a maintenance standard, the owner shall develop a standard based on guidelines from the manufacturer, designer, or a registered professional engineer and submit the standards to the director for approval. The purpose of the maintenance standard is to determine if maintenance is required. The maintenance standard is not a measure of the facility's required condition at all times between inspections. Exceeding the maintenance standard between inspections is not a violation of this chapter. Operational and structural source control BMPs shall be inspected per the requirements of Volume IV of the SWMMWW. B. Ownership. Stormwater facilities are either privately or publicly owned and maintained. All stormwater facilities that serve private property are private, unless an agreement between the property owner and the city states otherwise. Stormwater facilities that are privately owned by a homeowner's association or similar organization also are private. The city may offer an incentive program to owners to support the proper maintenance of private stormwater facilities. C. Public Stormwater Facilities. The city shall be responsible for operating, maintaining, repairing, and replacing public stormwater facilities as funded through the stormwater utility. D. Maintenance of Permanent Stormwater Facilities. All privately owned stormwater facilities or controls shall be maintained by the owner, or the homeowner or owner association ("owner") if one is established as part of a residential or commercial development. All private storm drainage facilities shall be regularly inspected to ensure proper operation and shall monitor the facility or control as required or as set forth in the SWMMWW. The owner shall maintain records of inspection and maintenance, disposal receipts, and monitoring results. The records shall catalog the action taken, the person who took it, the date said action was taken, how it was done, and any problems encountered or follow-up actions required. The records shall be made available to the city upon request. The owner shall maintain a copy of the Stormwater Operations and Maintenance Manual (if required) on site, and shall make reference to such document in real property records filed with Snohomish County, so others who acquire real property served by the privately owned stormwater facilities or controls are notified of their obligation to maintain such facilities or controls. E. City Inspection of Private Stormwater Facilities. The city shall have the authority to periodically inspect private stormwater facilities, including LID stormwater facilities, for compliance with this chapter. F. City Inspection of Existing Businesses/Sites. The city shall have the authority to periodically inspect private businesses and sites for compliance with Minimum Requirement No. 3, Source Control of Pollution (ECDC 18.30.060(D)(3)). G. Right of Entry. An authorized representative of the city may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by a state or federal program; provided, that the city makes a good faith effort to notify the property owner or person responsible for the premises prior to entering and presents proper credentials to that person. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry, including, but not limited to, obtaining an administrative warrant for entry. H. Right of Entry for Illicit Discharge. In the event of an illicit discharge from a privately owned stormwater facility caused by improper maintenance or operation or other circumstance, the provisions of Chapter 7.200 ECC shall apply. I. Maintenance Responsibilities. Upon written notice by the city, a private stormwater facility shall be promptly repaired and/or brought up to applicable standards by the property owner or the person responsible for said facility. If a private stormwater facility serves multiple lots and the responsibility for maintenance has not been specified on a recorded subdivision plat, short plat, or other legal document, maintenance, operation and repair responsibility shall rest with the homeowners' association, if one exists, or otherwise with the properties served by the facility, or finally, with the owners of the property on which the facilities are located. Operational and structural source control BMPs are also required to be repaired and/or brought up to applicable standards by the property owner or the person responsible for the business/site. J. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stefm wate stormwater maintenance activities, and where appropriate, the dangerous waste regulations, Chapter 173-303 WAC. [Ord. 4263 § 1 (Att. A), 2022; Ord. 4044 § 1 (Att. A), 2016]. Section 18.60.040 Fees. Application and inspection fees shall be as set in Chapter-0 ECDC 15.00.020, established by the city council resolution in its sole legislative discretion. [Ord. 3485 § 1, 2004]. Section 18.70.030 Review. A. Architectural Design Board. Any application for a permit to construct, erect or maintain an awning, marquee, sign or any structure in a public place, except as otherwise allowed in subsection (C) of this section, may be referred by the planning and development director or his/her designee to the architectural design board. If referred to the board, the board shall review the plans and specifications as they relate to Chapter 20.10 ECDC. Applications for mobile street vending units shall be reviewed in accordance with ECC 4.12.055 by the architectural design board. B. Edmonds Arts Commission. Applications for an encroachment permit or a street use permit to install art in the public right-of-way shall be subject to the review and recommendation of the Edmonds arts commission. No art shall be permitted in the public right-of-way except as expressly permitted herein. Artwork that is reviewed under an encroachment permit shall be exempt of the requirements of ECDC 18.70.020(B)(5), (6), (7) and (10). 1. The term "art" or "artwork" as used in this section shall refer only to a work of visual art existing in a single copy or in multiple copies of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author. 2. The term "art" or "artwork" does not include: a. Any poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, database, electronic information service, electronic publication, or similar publication; b. Any merchandising item or advertising, promotional, descriptive, covering, or packaging material or container; c. Architectural details such as masonry, ironwork, or other building fixtures or materials; d. Any portion or part of any item described in subsection (B)(2)(a), (b) or (c) of this section; e. Any work not subject to copyright protection under the Visual Artists Rights Act, as codified under federal copyright law, U.S.C. Title 17, as the same exists or is hereafter amended. 3. An encroachment permit or street use permit requires determination of public benefit. The Edmonds arts commission (EAC) is mandated in Chapter 10.20 ECC to advise the city on matters pertaining to art. When the proposed encroachment or street use is art, EAC will review and make written recommendations to the eemffptmity sefviees air-eete public works director and city engineer for use and consideration in permit issuance. (See subsection (C) of this section.) 4. The public right-of-way is a traditional forum for public expression. By this permit program the city acknowledges that it is approving uses in a limited public forum. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place and manner restrictions. In this case, these criteria will be utilized to protect the safety of the public who use the right-of-way for pedestrian or vehicular traffic and to ensure that the city provides for accessibility for the disabled. No recommendation or denial shall be based upon the content or message expressed by an artist or in a work of art as long as there is no commercial content. Applicants are encouraged to coordinate their artwork with the design of the building and the historic and pedestrian -oriented character of the downtown area. 5. Specific submission requirements for EAC review include, but are not limited to: a. Site plan sketch showing locations of artwork; b. Minimum one -quarter -inch scale rendering of the art concept or art component, including at least one elevation showing the art in context or comparable photographs of actual artwork in context; c. Material/color samples; d. Model (optional); e. Written proposal ^ )f ^ vffit a preposal in eigIA ^^a one half by 1 ifteh fefmat to include: to include: i. A description and summary of a final design proposal for the artwork for the proposed project; ii. Detailed maintenance requirements; iii. Schedule for development, fabrication, and completion; iv. Artists' resume/background; v. Evidence of assumption of liability by applicant or designee. For proposal to be reviewed at next scheduled EAC meeting, a complete submission of all requirements must be received a minimum of 10 days prior to the date of the meeting. Additional requirements may be requested based on staff input or information sought by EAC members. 6. Review Criteria. Art in public places may be art standing alone, modifiers or definers of space, functional, or used to establish identity. The use of art as an integral part of the structure and function of building is encouraged, e.g., the interpretation of light fixtures, benches, hardware, doors, surface finishes, walkways, gates, and other features with the artwork or as a part of the artwork, although only some of these elements would occur in the public right-of-way. The criteria for review of encroachment or street use review artwork submissions are as follows: a. Constructability of proposed artwork. No artwork shall impair disabled accessibility and barrier -free design requirements. b. Artist's credentials and recognition. c. Durability and craftsmanship in fabrication and production quality. Quality of the work is a high priority. d. Due consideration shall be given to the structural and surface soundness of artworks and to their permanence, including ability to withstand age, theft, vandalism, weathering, and maintenance and possible related repair costs. Careful consideration shall be given to the materials used and the appropriateness of those materials for the conditions of the site. e. Coordination of the artwork with the design of the building and the historic and pedestrian -oriented character of the downtown area is encouraged. f. Maintenance/conservation plan. g. Relationship to other existing artwork in vicinity. h. No Commercial Content. Artwork shall not be used as signage (see definition of signage). C. Issuance by the Planning and Development Director or City Engineer. The planning and development director, city engineer or their respective designee may administratively, without hearing, approve a street use or encroachment permit i£ 1. The proposed use shall not interfere with vehicular or pedestrian traffic, including but not limited to the following requirements: a. No portion of the public right-of-way designed and intended for vehicular traffic or parking shall be permanently occupied; b. Requirements of the State Building Code, including but not limited to all provisions relating to disabled accessibility and barrier -free design requirements shall be met; c. Any mobile vending units shall be properly licensed pursuant to Chapter 4.12 ECC; d. Permit application fees have been paid (see ECDC 18.70.050); e. A "clear zone" must be maintained on public sidewalks or walkways. A clear zone refers to an area seven feet in height and five feet in width providing a level, safe walking surface along the public sidewalk. Clear zone on sidewalks shall not include any curbing, planting strips or ramps. For tables and chairs placed in the public right-of-way, the clear zone can be reduced to four feet in width in front of obstacles (trees, street lights, sign posts, etc.); f. All temporary objects shall be removed from the right-of-way on 24 hours' notice to accommodate public events. Temporary objects are subject to removal in the event of an emergency; and g. All temporary objects, excluding approved awnings, and wall signs, that project more than 36 inches into the right-of-way shall be removed each day at the close of business. 2. Exclusive Sidewalk Dining. In an effort to enhance street life of the city and serve both an economic development purpose as well as enhance the livability of the city's urban core, exclusive sidewalk dining shall be allowed pursuant to ECDC 17.70.040. a. For purposes of this section the following terms are defined as: i. "Exclusive sidewalk dining" shall refer to a properly zoned and licensed food or beverage service establishment that uses the public right-of-way to serve only its customers at the exclusion of the general public. ii. "Barrier" shall refer to any temporary object or objects (e.g., stanchion, rope, markers) used to establish an exclusive bistro and outdoor dining area. Barriers shall be approved by the city engineer. b. All conditions and requirements set forth in this chapter have been met and adequate compensation for the exclusive use of the public right-of-way and applicant fees pursuant to ECDC 18.70.050 have been paid. c. All barriers, with the exception of markers and marking, shall be removed each day from the right-of- way at the close of business. d. The design and use shall comply with all requirements of state law, city ordinance and city policy including but not limited to: i. Washington State Liquor and Cannabis Board (WSLCB) and Snohomish County health division (SCHD). When applicable, the business shall provide a written approval from the WSLCB and/or SCHD for use of public rights -of -way; ii. ECDC 17.70.040, exclusive sidewalk dining; and iii. All litter and nuisance regulations, including but not limited to RCW 70.93.060 and Chapter 6.40 ECC. 3. The design board has reviewed and approved any proposal which includes a request to construct, erect or maintain an awning, building, sign or any building or structure, except as otherwise allowed in subsection (C) of this section; 4. The proposal will not unreasonably interfere with the rights of the public; and 5. The proposal (if for an encroachment permit) either benefits the public interest, safety or convenience (e.g., supports or protects the city street, reduces pedestrian hazards) or is an accessory structure such as a fence normally associated with residential use of the property and fully complies with the requirements of subsections (13)(1) through (3) of this section. D. Bay Windows, Decks, and Related Architectural Features. In an effort to allow for more creative designs and a better overall appearance in the downtown area, bay windows, decks, and related architectural features may encroach into the public right-of-way within the central business district or any other zone in which no setback from the lot line is required, subject to the following requirements: 1. All conditions and requirements set forth in this chapter have been met and adequate compensation has been paid; 2. The encroachment shall not occur over alleys; 3. The building encroachment shall not project more than two feet (24 inches) into the right-of-way; 4. The encroachment shall not exceed 30 percent of the length of the facade on any one side of the building; 5. The encroachment shall provide for a minimum clearance height of eight feet over any pedestrian right-of- way and a minimum clearance height of 11 feet over any vehicular right-of-way, whichever is greater; 6. The encroachment shall be approved by the architectural design board as contributing to a modulated facade design which enhances the variation and appearance to the public of the overall building design and public streetscape. E. Appeal. The decision of the planning and development director, city engineer, or their respective designees may be appealed to the hearing examiner as a Type II proceeding under the procedures set forth in Chapter 20.06 ECDC; provided, however, that the establishment of compensation for use of the public right-of-way is a legislative decision of the city council and is not subject to judicial review. F. Awnings and Canopies. Consistent with ECDC 22.43.040, awnings and canopies, whether architectural or temporary, may encroach into the public right-of-way within the central business district or any other zone in which no setback from the lot line is required, subject to the following: 1. The awning or canopy shall provide a minimum clearance height of eight feet above the walking surface, not to exceed 15 feet at its highest point. 2. Awning and canopy projection over the right-of-way shall be determined as follows; provided, that no awning or canopy shall project within two feet of the street curb (measured from the back of curb): Sidewalk Width Minimum Projection Less than 8 feet 5 feet 8 feet or greater 6 feet 3. Awnings and canopies shall not be constructed at a location or in a manner that will obstruct, obscure, or interfere with any streetlight, flower pole, utility pole or appurtenance, street tree, or any transportation -related sign, signal, or traffic control device. 4. All awning and canopy designs shall meet the above criteria, unless otherwise approved by the city engineer. G. Insurance Requirement. When the application is for use or encroachment onto a public right-of-way including but not limited to streets, roads, alleys, trails, sidewalks, bike paths, pedestrian easements, and any other easement intended for the use of the public, the applicant who operates a business or commercial operation shall be required to provide and continually maintain during the term of the permit a certificate of insurance naming the city as an additional insured, with respect to liability, and providing that it shall be primary as to any other policy of insurance. The policy must contain the additional insured statement, coverage amounts and cancellation notification indicated on the sample insurance form provided by the city. In addition, a business and commercial applicant as well as all residential or nonprofit applicants shall sign a covenant to hold harmless and indemnify the city which will be recorded and run with the land in a form approved by the city attorney. H. Nothing herein shall be interpreted to permit the base or ground support for any sign to be located upon or attached to the ground within the public right-of-way. [Ord. 4299 § 32 (Exh. A), 2023; Ord. 4244 § 1 (Exh. A), 2022; Ord. 4243 § 1 (Exh. A), 2021; Ord. 4209 § 1 (Exh. A), 2020; Ord. 3790 § 1, 2010]. Section 18.80.060 Driveway and curb cut requirements. A. Permit Required. No person shall begin work on the construction alteration, repair or removal of any driveway or the paving of any parking strip on any or adjacent to any street, alley or other public place in the city, without first obtaining a permit from the public works director. Fees shall be as set forth in Chapter 15.00 ECDC 15.00.020. B. Location. 1. No driveway shall be so located as to create a hazard to pedestrians, bicyclists or motorists or invite or compel illegal or unsafe traffic movements. 2. Unless otherwise approved by the public works director, all driveways including the returns shall be confined within lines perpendicular to the curb line and passing through the property corners. 3. No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, or fire hydrant. The cost of relocating any such street structure when necessary to do so shall be paid by the abutting property owner. The relocation of any street structure shall be allowed only on approval of the person owning the structure involved. 4. On private property every driveway must provide access to parking structures or access specifically designated for parking purposes requiring the entrance of vehicles. 5. Downtown Business Area. Within the downtown business area of the city as defined in ECDC 17.50.070, vehicular access shall be provided from alleyways for all on -site parking whenever it is practically and reasonably available. No curb cut shall be approved where there is vehicular access to a lot in the downtown area from an existing alleyway unless the applicant demonstrates by substantial evidence that: a. One of the following conditions exist: i. No alleyway exists which would provide reasonable vehicular access to the subject property; or ii. Access from an existing alleyway would substantially impair reasonable access to an abutting public street or utility because of circumstances related to site size, topography or orientation; or iii. Access can be provided from an existing or relocated driveway or curb cut in a manner which preserves or enhances street parking; or iv. Providing access from a point other than the alley would promote traffic safety, or otherwise better promote the purposes of the transportation element of the comprehensive plan. b. The application complies with all other criteria of the community development code. c. In such cases, the city engineer may then consider use of an existing common driveway or other alternative. Only when no other reasonable alternative exists for access to a property will a curb cut be approved which results in the loss of existing on -street parking. No more than one access point per lot will be permitted in the downtown business area. The city engineer's decision to approve alternative access shall be processed as a Type II project permit application and decision (see Chapter 20.01 ECDC). C. Size and Number. Except as otherwise provided, the width of any residential driveway shall not exceed 20 feet exclusive of the radii of the turns, with such measurement being made parallel with the center line of the street. Driveway approaches shall extend from the edge of the existing street a distance of 20 feet or to the edge of the property line, whichever is greater. Approaches shall be constructed of asphalt concrete pavement or an equivalent approved by the city engineer. The standard width for commercial and other nonresidential streets shall be 30 feet. At the application of the applicant or the city engineer, additional width in excess of the established standard may be approved as a staff decision to a maximum width of 40 feet. Such decision shall be made only after notice as a Type II project permit application and decision (see Chapter 20.01 ECDC). Such application shall be approved only if. (a) it conforms to the provisions of the comprehensive plan; (b) is found to be in the public interest when the needs of the applicant are reviewed and balanced in light of the benefits to the general public and the impacts, if any, on the immediate neighborhood; and (c) is consistent with or enhances public safety and will not create a hazard to vehicular, pedestrian or bicycle traffic. The public works director may authorize additional residential driveway width for three -car garages and for access driveways necessary for off-street parking or recreational vehicles. D. Driveway Slopes. 1. Driveway slopes shall not exceed 14 percent unless authorized by the public works director in accordance with the criteria set forth below. The decision of the public works director shall be made only after notice as a Type II project permit application and decision. (See Chapter 20.01 ECDC.) 2. The public works director may authorize driveway slopes to exceed 14 percent up to a maximum of 20 percent if he determines that: a. The driveway is the only economical and environmentally reasonable alternative; b. The driveway will not present a traffic, pedestrian, bicycle or safety hazard or otherwise negatively impact public safety; c. The police and fire chief concur in allowing the increased driveway slope; and d. The public health, safety and general welfare will not be adversely affected. 3. The decision of the public works director shall be in writing and placed in the appropriate city file pursuant to a signed, written statement of finding and conclusions for authorizing the driveway slope to exceed 14 percent. The statement shall also contain the maximum slope authorized up to 20 percent. 4. The decision of the public works director shall be processed as a project permit application and shall be appealable as a Type II appeal under the procedures in Chapter 20.06 ECDC. [Ord. 3788 § 11, 2010; Ord. 3736 §§ 31, 32, 2009; Ord. 3302 § 1, 2000; Ord. 3132 § 1, 1997; Ord. 2713, 1989]. Section 19.00.025 International Building Code section amendments. The following sections of the IBC are hereby amended as follows: A. Section 101.4.3, Plumbing, is amended to read: The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. B. Section 101.4.6, Energy, is amended to read: The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. C. Section 104.3, Notices and Orders, is amended to read: The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. D. Section 105.1.1, Annual Permit, is deleted. E. Section 105.1.1, Demolition Permits, is added and shall read: Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is established pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: 1. Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. 2. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. 3. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed or maintained on street right-of-way (including alleys) without a permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community Development Code. 4. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water, sewer, storm and other utilities, rockeries, retaining walls, etc, in accordance with this code and the City's engineering requirements. 5. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent as verified by a special inspector. "Structural fill" is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill shall be c lean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. 6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC. F. Section 105.1.2, Annual Permit Records, is deleted. G. Section 105.2, Work Exempt From Permit, is replaced as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code standards per ECDC Title 16 ands stormwater management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. Building (general): (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (including the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. (b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. (c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high. (d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: i. Supporting a surcharge; or ii. Impounding Class I, II, III -A liquids; or iii. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (e) Rockeries. Construction of rockeries is limited as specified elsewhere in this code. (f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). (g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work provided that existing, required accessible features are not altered. (i) Temporary motion picture, television and theater stage sets and scenery. 0) Shade cloth structures constructed for nursery or agricultural purposes. (k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. (1) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (m) Repair of appliances which do not alter original approval, certification, listing or code. (n) Replacement or adding new insulation with no drywall removal or placement. (o) Replacement or repair of existing gutters or downspouts. (p) The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: i. Replacing the panel on a previously permitted existing wall cabinet or pole sign, ii. Repainting an existing previously permitted wood sign, iii. Painted or vinyl lettering on storefront windows, iv. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, v. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, vi. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. 2. Mechanical: (a) Portable heating, ventilation, cooling, cooking or clothes drying appliances. (b) Replacement of any part that does not alter approval of equipment or make such equipment unsafe. (c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. (d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. (e) Portable evaporative cooler. (f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motor of one (1) horsepower or less. 3. Plumbing: (a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. (b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not involve or require the replacement or rearrangement of valves or pipes. 4. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (including the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not exempted. (b) Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. (c) Sport courts less than 2,000 square feet. (d) Dock repair of individual decking members. ECDC Title 24 provisions shall apply. (e) Replacement or repair of existing exterior siding. (f) Replacement or repair of existing windows or doors provided; no alteration of structural members is required, safety glazing is provided where required, glazing U-value meets prescriptive requirements of the energy code, fall protection is provided where required, and egress requirements are maintained. (g) Minor like -for -like drywall repairs not involving fire -rated assemblies. (h) Replacement or repair of decking, or individual joists, stair treads, or intermediate rails. (i) Uncovered platforms, decks, patios that are not more than thirty (30) inches above grade (measured vertically to the grade below at any point within 36 inches of the outer edge of the deck). 0) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. (k) Reroof overlays. Overlays are not permitted over slate, clay or cement tiles, or where the existing roof has two or more applications of any type of roofing. H. Section 105.3.2, Time Limitation of Permit Application, is amended to read: 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days except as allowed within this section. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 4. The Building Official may extend the life of an application if any of the following conditions exist: (a) Compliance with the State Environmental Policy Act is in progress; or (b) Any other City review is in progress; provided, the applicant has submitted a complete response to City requests or the Building Official determines that unique or unusual circumstances exist that warrant additional time for such response and the Building Official determines that the review is proceeding in a timely manner toward final City decision; or (c) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application. I. Section 105.3.3, Fully Complete Application, is added and reads: In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all required intake fees, including but not limited to plan review fees required under the provisions of this chapter and code. J. Section 105.3.4, Concurrent Review, is added and reads: An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant - initiated changes made after the original plan review is complete shall also require payment of full plan review fees. K. Section 105.5, Permit Expiration and Extension, is amended to read: 1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.025I(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended, unless they are associated with a primary building permit for a larger construction project, in which case they may run with the life of the primary permit: Demolition permits; Permits for Moving Buildings required by Chapter 19.60 ECDC; Mechanical permits; Tank removal, tank fill, or tank placement permits; Grading, excavation and fill permits; Water service line permits; Plumbing permits; Gas piping permits; Deck and dock permits; Fence permits; Re -roof permits; Retaining wall permits; Swimming pool, hot tub and spa permits; Sign permits; Shoring permits; Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the permit. 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector after the previous extension, the permit shall be extended. Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the permit. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.06.030 the time limit periods imposed under this section shall also be stayed until final decision. 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and Building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. L. Repealed by Ord. 3926. M. Section 107.3.3, Phased Approval, is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. N. Section 113, Board of Appeals, is deleted and replaced by Chapter 19.80 ECDC. O. Section 202, the definition of HIGH-RISE BUILDING, is amended to read: HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 rum.) above the lowest level of fire department vehicle access. P. Section 502.1, Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure. Q. Section 903.2 is amended to read: Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13. R. Section 903.2.13 is added to read: Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A. S. Section 903.3.7 is amended to read: Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.035B. T. Section 907.2 is amended to read: Where required —New buildings and structures. An approved fire alarm system installed in accordance with this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.24 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. U. Section 907.2.24 is added to read: Fire alarm and detection system shall be provided as required by ECDC 19.25.035C. V. Section 1608.1, General, is amended to read: Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the design roof load shall not be less than that determined by Section 1607, or 25 pounds per square foot, whichever is greater. W. Section 3108.1.1, Radio, Television and Cellular Communication Related Equipment and Devices, is added and reads: A permit shall be required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. X. Section 3109.2, Applicability and Maintenance, is added and reads: 1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. 2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained in a clean and sanitary condition or its equipment in accord with manufacturers recommendations shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. Y. Section 3109.3, Location and Setbacks, is added and reads: Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. Z. Section 3109.4, Tests and Cross -Connection Devices, is added and reads: 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. AA. Section 3109.5, Wastewater Disposal, is added and reads: A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub- soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. BB. Section 3109.9, Inspection Requirements, is added and reads: The appropriate city inspector shall be notified for the following applicable inspections: 1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. CC. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, El 10 and El 11. DD. Appendix H, Signs, is amended as follows: 1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this section. 2. Section H101.2.1, Prohibited signs, is added and reads as follows: a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108, Animated devices, H109.1, Height restrictions, and H110, Roof signs, are deleted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4199 § 4 (Att. D), 2020; Ord. 4154 § 9 (Att. D), 2019; Ord. 4111 § 2 (Exh. 2), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 4026 § 2 (Att. B), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010]. Section 20.05.020 General requirements. A. Review. The hearing examiner shall review and decide on conditional use permit applications as Type III-B decisions as set forth in ECDC 20.01.003. B. Appeals. The hearing examiner decisions on conditional use permit shall be appealable to the city council in accordance with Chapter 20.06 ECDC. C. Time Limit. Unless the owner obtains a building permit or, if no building permit is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of time before the expiration date. D. Review of Extension Application. An application for any extension of time shall be reviewed by the eemm-unity development aireeto planning and development director as a Type II decision. E. Location. A conditional use permit applies only to the property for which it has been approved and may not be transferred to any other property. F. Denial. A conditional use permit application may be denied if the proposal cannot be conditioned so that the required findings can be made. [Ord. 4154 § 12 (Att. D), 2019; Ord. 3783 § 7, 2010; Ord. 3775 § 7, 2010; Ord. 3736 § 37, 2009; Ord. 2270 § 1, 1982]. Section 20.12.020 Design review by the architectural design board. A. Public Hearing — Phase 1. Phase 1 of the public hearing shall be scheduled with the architectural design board (ADB) as a public meeting. Notice of the meeting shall be provided according to the requirements of ECDC 20.03.003. This notice may be combined with the formal notice of application required under ECDC 20.03.002, as appropriate. 1. The purpose of Phase 1 of the public hearing is for the ADB to identify the relative importance of design criteria that will apply to the project proposal during the subsequent design review. The basic criteria to be evaluated are listed on the design guidelines checklist contained within the design guidelines and this chapter. The ADB shall utilize the urban design guidelines and standards contained in the relevant city zoning classification(s), any relevant district -specific design objectives contained in the comprehensive plan, and the relevant portions of this chapter and Chapter 20.13 ECDC, to identify the relative importance of design criteria; no new, additional criteria shall be incorporated, whether proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 2. Prior to scheduling Phase 1 of the public hearing, the applicant shall submit information necessary to identify the scope and context of the proposed development, including any site plans, diagrams, and/or elevations sufficient to summarize the character of the project, its site, and neighboring property information. At a minimum, an applicant shall submit the following information for consideration during Phase 1 of the public hearing: a. Vicinity plan showing all significant physical structures and environmentally critical areas within a 200- foot radius of the site including, but not limited to, surrounding building outlines, streets, driveways, sidewalks, bus stops, and land use. Aerial photographs may be used to develop this information. b. Conceptual site plan(s) showing topography (minimum two -foot intervals), general location of building(s), areas devoted to parking, streets and access, existing open space and vegetation. All concepts being considered for the property should be submitted to assist the ADB in defining all pertinent issues applicable to the site. c. Three-dimensional sketches, photo simulations, or elevations that depict the volume of the proposed structure in relation to the surrounding buildings and improvements. 3. During Phase 1 of the public hearing, the applicant shall be afforded an opportunity to present information on the proposed project. The public shall also be invited to address which design guidelines checklist criteria from ECDC 20.12.070 they feel are pertinent to the project. The Phase 1 meeting shall be considered to be a public hearing and information presented or discussed during the meeting shall be recorded as part of the hearing record. 4. Prior to the close of Phase 1 of the public hearing, the ADB shall identify the specific design guidelines checklist criteria — and their relative importance — that will be applied to the project during the project's subsequent design review. In submitting an application for design review approval under this chapter, the applicant shall be responsible for identifying how the proposed project meets the specific criteria identified by the ADB during Phase 1 of the public hearing. 5. Following establishment of the design guidelines checklist, the public hearing shall be continued to a date certain, not exceeding 120 days from the date of Phase 1 of the public hearing. The continuance is intended to provide the applicant with sufficient time to prepare the material required for Phase 24 of the public hearing, including any design or redesign needed to address the input of the public and ADB during Phase 1 of the public hearing by complying with the prioritized checklist. 6. Because Phase 1 of the public hearing is only the first part of a two-part public hearing, there can be no appeal of the design decision until Phase 2 of the public hearing has been completed and a final decision rendered. B. Continued Public Hearing — Phase 2. 1. An applicant for Phase 2 design review shall submit information sufficient to evaluate how the project meets the criteria identified by the ADB during Phase 1 of the public hearing described in subsection (A) of this section. At a minimum, an applicant shall submit the following information for consideration during Phase 2 of the public hearing: a. Conceptual site plan showing topography (minimum two -foot intervals), general layout of building, parking, streets and access, and proposed open space. b. Conceptual landscape plan, showing locations of planting areas identifying landscape types, including general plant species and characteristics. c. Conceptual utility plan, showing access to and areas reserved for water, sewer, storm, electrical power, and fire connections and/or hydrants. d. Conceptual building elevations for all building faces illustrating building massing and openings, materials and colors, and roof forms. A three-dimensional model may be substituted for the building elevation(s). e. If more than one development concept is being considered for the property, the submissions should be developed to clearly identify the development options being considered. f. An annotated checklist demonstrating how the project complies with the specific criteria identified by the ADB. g. Optional: generalized building floor plans may be provided. 2. Staff shall prepare a report summarizing the project and providing any comments or recommendations regarding the annotated checklist provided by the applicant under subsection (13)(1)(f) of this section, as appropriate. The report shall be mailed to the applicant and ADB at least one week prior to the public hearing. 3. Phase 2 of the public hearing shall be conducted by the ADB as a continuation of the Phase 1 public hearing. Notice of the meeting shall be provided according to the requirements of Chapter 20.03 ECDC. During Phase 2 of the public hearing, the ADB shall review the application and identify any conditions that the proposal must meet prior to the issuance of any permit or approval by the city. When conducting this review, the ADB shall enter the following findings prior to issuing its decision on the proposal: a. Zoning Ordinance. The proposal meets the bulk and use requirements of the zoning ordinance, or a variance or modification has been approved under the terms of this code for any duration. The finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome by clear and convincing evidence. b. Design Objectives. The proposal meets the relevant district -specific design objectives contained in the comprehensive plan. c. Design Criteria. The proposal satisfies the specific checklist criteria identified by the ADB during Phase 1 of the public hearing under subsection (A) of this section. When conducting its review, the ADB shall not add or impose conditions based on new, additional criteria proposed in light of the specific characteristics of a particular tract of land or on an ad hoc basis. 4. Project Consolidation. Projects may be consolidated in accordance with RCW 36.70B.110 and the terms of the Edmonds Community Development Code. C. Effect of the Decision of the ADB. The decision of the ADB described in subsection (B) of this section shall be used by staff to determine if a project complies with the requirements of these chapters during staff review of any subsequent applications for permits or approvals. The staff s determination shall be purely ministerial in nature and no discretion is granted to deviate from the requirements imposed by the ADB and the Edmonds Community Development Code. The staff process shall be akin to and administered in conjunction with building permit approval, as applicable. Written notice shall be provided to any party of record (as developed in Phases 1 and 2 of the public hearing) who formally requests notice as to: 1. Receipt of plans in a building permit application or application for property development as defined in ECDC 20.10.020; and 2. Approval, conditioned approval or denial by staff of the building permit or development approval. [Ord. 4302 § 4 (Att. A), 2023; Ord. 3817 § 10, 2010; Ord. 3736 §§ 43, 44, 2009; Ord. 3636 § 3, 2007]. Section 20.15A.290 Fees. A. The city shall require the following fees for its activities in accordance with the provisions of this chapter: 1. Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall collect a fee set by Chapter 0 ECDC 15.00.020 from the proponent of the proposal prior to undertaking the threshold determination. This fee may be waived as provided therein. The time periods provided by this chapter from making a threshold determination shall not begin to run until fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant's request under ECDC 20.15A.120(C), an additional fee equal to the estimated actual cost of providing the assistance shall be collected. 2. Environmental Impact Statement. a. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. b. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. c. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city's cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (13)(1) or (2) of this section which remain after incurred costs, including overhead, are paid. 3. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal. 4. The city shall not collect a fee for performing its duties as a consulted agency. 5. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 3818 § 1, 2010]. Section 20.30.020 Review. The ^,.r.r.unit, development dir-ee planning and development director shall review applications for joint use of parking as a Type II decision (Staff decision - Notice required) using the criteria of this chapter as a basis for review. [Ord. 3736 § 55, 2009]. 20.30.050 Loss of joint use. A. Alternate Sites. Applicant shall not allow or voluntarily participate in the loss of rights of joint use. In the event applicant should for reasons beyond applicant's control lose applicant's rights of joint use, applicant shall have 90 days to secure on -site parking to conform to the parking requirements of this code, or secure another site for joint use for which a new application must be submitted under the terms of this chapter. BC-. Discontinuance of Use. If applicant cannot or will not provide parking, or the in lie par -king f as set forth in subsections A and B of this section, the applicant will discontinue the use, or that portion of use causing the parking deficiency within the original 90-day period set forth above. Section 20.60.020 General regulations for permanent signs. A. Sign Area. The area of a sign shall be calculated as follows: 1. The area of a sign is maximum actual area of a sign that is visible from any single point of observation from any public vantage point. The sign area is normally the smallest rectangle that encloses the entire copy area of the sign. 2. Individual letters, numbers or symbols applied directly to a wall or structure and used to form the sign shall be calculated individually. 3. Supporting structures which are part of a sign display shall be included in the calculation of the sign area, except that the supporting structure of a monument sign or pole sign shall not be included when calculating the sign area. *f STORE -NAME- I Left: Sign area = X * Y Right: Applied individual letters are calculated separately. 0 i * • k Monument sign: The base is not included in the calculation of sign area (dashed rectangle). B. When located on a wall or mansard roof, no sign may extend above the highest point of the wall or mansard roof when the mansard roof is on a one-story building. Other than a mansard roof on a one-story building, a sign may not be attached above the eave or drip line on a pitched roof. C. Except for pole -mounted community event banners, no sign or any part of a sign may be designed or constructed to be moving by any means and shall not contain items such as banners, ribbons, streamers and spinners. Signs with type that is movable to change the message (reader boards) are allowed, subject to the specific requirements detailed elsewhere in this chapter. D. Signs that extend into or over a public right-of-way shall comply with Chapter 18.70 ECDC. E. Exposed braces and angle irons are prohibited unless they are part of a decorative design that is integral to the design of the sign. Guywires are prohibited unless there are no other practical means of supporting the sign. F. No sign shall have blinking, flashing, fluttering or moving lights or other illuminating device which has a changing light density or color; provided, however, temperature and/or time signs that conform in all other respects to this chapter are allowed. Electronic reader boards may have messages that change; however, moving messages are not allowed. Messages that change at intervals less than 20 seconds will be considered blinking or flashing and not allowed. G. No light source which exceeds 20 watts shall be directly exposed to any public street or adjacent property. H. No illumination source of fluorescent light shall exceed 425 milliamps or be spaced closer than eight inches on center. I. No commercial sign shall be illuminated after 11:00 p.m. unless the commercial enterprise is open for business and then may remain on only as long as the enterprise is open. J. No window signs above the first floor shall be illuminated. K. Sign height shall be determined as follows: 1. For attached signs, sign height is the vertical distance from the highest point on the sign to the average finished grade. 2. For freestanding signs, sign height is the vertical distance from the highest point of the sign area or its support to the average elevation of the finished grade at the base of the supports. L. Portable signs may not be used as permanent signage; only fixed signs are permitted. M. The following matrix summarizes the types of signs permitted in each neighborhood/district within the city: Sign Type Downtown' SR-992 Westgate/SR-1043 Neighborhood Commercial (BN, BP and FVMU Zones) Business Uses in RM Zones Wall -Mounted P P P P P Monument C P P C C Pole N P N N N Projecting P P P P P Internal Illumination C P P C N Reader Boards C C C C C Individual Letters P P P P P Boxed Cabinet N P C C N Building ID P P P P P Pedestrian P N N N N Wall Graphics C C C C C ' Downtown includes all properties within the downtown activity center defined in the comprehensive plan. 2 SR-99 includes all properties within the medical/Highway 99 activity center and the Highway 99 corridor defined in the comprehensive plan. s Westgate/SR-104 includes all properties within the Westgate corridor, the Edmonds Way corridor, and within the Westgate community commercial area, as defined in the comprehensive plan. Note: In the above table, P = Permitted; N = Not permitted; C = Conditionally permitted through design review if consistent with the standards itemized in subsection (N) of this section. N. The following standards clarify how some signs identified as "conditionally permitted" must be installed to be permitted in the city of Edmonds: 1. Monument signs over six feet in height must be reviewed to ensure that the materials, colors, design and proportions proposed are consistent with those used throughout the site. 2. Internally illuminated signs in the downtown area and neighborhood commercial areas may only light the letters or logos/symbols. The background of a sign face may not be illuminated. 3. Internally illuminated signs in the downtown area and the neighborhood commercial areas must be mounted on the wall of the building. They may not be mounted on or under an attached awning. 4. Internally illuminated signs that use exposed neon may only be located in the interior of buildings in the downtown area and the neighborhood commercial areas. 5. Internally illuminated signs in the downtown area shall not be permitted to be higher than 14 feet in height. 6. Reader board messages are limited to alphanumeric messages only. 7. Reader boards are only permitted for public uses or places of public assembly. Public uses and places of assembly include, but are not limited to, schools and churches as well as local and regional public facilities. 8. The background color of a boxed cabinet sign face must be coordinated with and complement the colors used on the building. 9. The background color of a boxed cabinet sign face must be opaque and not allow any internal illumination to shine through. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3631 § 2, 2007; Ord. 3461 § 2, 2003]. Section 20.60.100 Administration. A. General. The e mm,,niyy development a".o planning and development director is responsible for administering and enforcing the provisions of this chapter. He or she shall adopt application requirements for sign permits. Fees shall be as stated in Chapter 0 ECDC 15.00.020. B. Installation Permits. Many signs require installation permits under Chapter 19.45 ECDC and may require plan checking fees as well. C. Notice of Violation. Whenever the planning director becomes aware of a violation of the provisions of this chapter, the planning director shall cause a notice to be sent to the alleged violator informing him or her of the violation, the applicable code section, and a time within which to remedy the violation. The notice shall also advise of the penalties for continued violation of the code as specified in this chapter. If the violation has not been corrected within the time limit specified, the planning director shall refer the matter to the city attorney's office for institution of appropriate legal action. D. Penalty. Any person violating any provision of this code shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25.00 for each day of continued violation. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039 § 1 (Att. A), 2016; Ord. 3461 § 2, 2003]. Section 20.75.040 Application. planning and development depa-i4mefit. A subdivision application will be processed concurrently with any applications for rezones, variances, planned unit developments, site plan approvals and other similar approvals that relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The application shall contain the following items in addition to those specified in ECDC 20.02.002: A. n .-.,dtteible copy oft The preliminary plat; andthe number of prints required by the ,.i.,,,ning .,n development depai4fnent; B. Title report; C. A survey map, if required by the planning and development director, of the exterior boundaries of the land to be subdivided, prepared by, and bearing the seal and signature of, a professional land surveyor registered in the state of Washington. This map can be combined with the preliminary plat at the applicant's option; D. The application fee as set in Chaptef 15.00 ECDC 15.00.020; E. A proposal for dedication of park land rather than payment of in -lieu fees, if desired by the applicant; F. Source of water supply and name of supplier; G. Method of sewage disposal, and name of municipal system if applicable. Percolation rates and other information required by the public works department shall be submitted if septic tanks are to be used; H. Other information that may be required by the planning and development director in order to properly review the proposed subdivision, including information needed to determine the environmental impact of the proposal. [Ord. 4299 § 54 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 62, 2009; Ord. 2379 § 1, 1983]. Section 20.75.050 Lot line adjustment — Application. A. Lot Line Adjustment Defined. A lot line adjustment is an alteration of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division. B. Lot Line Adjustment Exempt from Subdivision Review. Except as otherwise provided in this section, lot adjustments shall not be subject to the provisions of this chapter. C. Lot Line Adjustment Review. All proposals for lot line adjustments shall be submitted to the Edmonds planning manager or his/her designee for approval. The Edmonds planning manager or his/her designee shall approve the proposed lot line adjustment unless the manager or his/her designee certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the minimum required for the applicable zone; 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. D. Application. A lot line adjustment application shall be submitted o forms provided by the city and shall at a minimum contain the following information: 1. Dimensioned plans shale -prepared and stamped by a professional land surveyor registered in the state of Washington and shall conforming to city of Edmonds survey requirements, as promulgated by the Edmonds planning division. Information on the plans shall include the following: a. Legal descriptions of the existing lots and proposed lot line adjustment(s); b. The location of all existing structures on the subject parcel(s), including dimensioned setback information from all existing and proposed lot lines and ingress/egress easements; c. Locations of all existing ingress/egress and utility easements; d. Gross and net lot area for the original parcels and the proposed parcels (net greys lot area does not include any lot area devoted to vehicular ingress/egress easements); e. The existing zoning of the subject parcel(s); f. Location of all existing driveways on the subject parcel(s); and g. The lot lines of adjoining properties for a distance of at least 50 feet. 2. A title company certification which is not more than 30 calendar days old containing: a. A legal description of the total parcel(s) sought to be adjusted; b. A list of those individuals, corporations, or other entities holding an ownership interest in the parcel(s); c. Any easements or restrictions affecting the property(ies) with a description, purpose and reference by auditor's file number and/or recording number; d. Any encumbrances on the property; and e. Any delinquent taxes or assessments on the property. E. Fee. The application fee shall be as set in Chapter 0 ECDC 15.00.020. F. Expiration. An application for a lot line adjustment shall expire one year after a complete application has been filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or his/her designee upon a showing by the application of reasonable cause. G. Review. A certified determination of the planning manager or his/her designee may be appealed to the hearing examiner as a Type II decision as set forth in Chapter 20.06 ECDC. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 63, 2009; Ord. 3211 § 1, 1998]. Section 20.75.065 Preliminary review. A. Responsibility for Review. The planning and development director, or a designated planning staff member, is in charge of administering the preliminary review of all subdivisions. The public works director and the fire department, and other departments if needed, shall participate in preliminary review by appropriate recommendations on subjects within their respective areas of expertise. B. Natiee Hear-ing. n 1. When the direetor of planning and development has aeeepted a subdivision for filing, he shall set a date of hearing, a-fid give notiee of the heafing as pfevided in ECDC 20.03.003, and by the fellowing for- a fofi:nal sti--.a: visiew a. One publieatien in a newspaper- of general eirettlation within Snehemish Ceianty puFs:uant te Chapter 1.03 ECC-- b. Mailing to a e4t, if a proposed fofmal s4division is adjaeent or- within one mile of the eitt,'s bottndai=),, or the Mailing to the State DepaFtmefit of Highways if a pfoposed fofmal s4division is adjaeeat to a sta4e highway ray . nenlegal language. C. Time Limits for Staff Review. Staff review shall be completed within 120 days from the date of filing. D. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a Type III -A decision in accordance with provisions of Chapter 20.06 ECDC. E. Short Subdivisions — Staff Review. The director of planning and development shall review a short subdivision as a Type 11 decision (Staff decision — Notice required). F. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision of the planning and development director on a short subdivision under the procedure set forth in Chapter 20.06 ECDC. [Ord. 4299 § 57 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3817 § 12, 2010; Ord. 3783 § 12, 2010; Ord. 3775 § 12, 2010; Ord. 3736 § 65, 2009; Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18, 19, 1996; Ord. 2379 § 2, 1983]. Section 20.75.085 Review criteria. The following criteria shall be used to review proposed subdivisions: A. Environmental. 1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed on the proposal to avoid impact. 2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography. 3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as floodplains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsections (A)(1) and (2) of this section. 4. The proposal shall be designed to minimize off -site impacts on drainage, views and so forth. B. Lot and Street Layout. 1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will ensure that the lot is developed properly. 2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards. 3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. C. Dedications. 1. The city may require dedication of land in the proposed subdivision for public use. 2. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090. The council may request a review and written recommendation from the planning advisory board. 3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street map and the preliminary plat. D. Improvements. 1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. 2. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements o£ a. ECDC Title 18, Public Works Requirements; b. Chapter 19.25 ECDC, Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the planning and development director, the public works director, and the fire chief. 3. The use of septic systems may be approved if all of the following conditions are met: a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. b. The land to be divided is zoned RS-20. c. The public works director and e4t, health 49Snohomish County health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met. E. Floodplain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for floodplain management. [Ord. 4299 § 58 (Etch. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Etch. 1), 2017; Ord. 3211 § 7, 1998; Ord. 2466, 1984]. 20.75.090 Park land dedication. A. Dedication or In -Lieu of Fee Required. Before or concurrent with the approval of the final plat of any subdivision, the subdivider shall dedicate land, pay a fee in -lieu of dedication, or do a combination of both, for park and recreational purposes. B. Proposal of Dedication. Either the applicant or the city may propose dedication of a portion of the land to be divided in order to meet the regulations of this section. Payment of in -lieu fees is required unless dedication is proposed and approved. C. Review of Dedications. Dedication proposals shall be reviewed at the same time as the subdivision proposal. Any short subdivision containing a dedication proposal shall be reviewed as if it were a formal subdivision. D. Factors for Review. Dedication proposals shall be reviewed for consistency with the Comprehensive Plan, the Comprehensive Parks and Recreation Plan, and the Recreational Walks Plan. Other factors to be considered include size, usability and accessibility of the land proposed for dedication, and the possibility of coordinating dedication by owners of adjacent land. E. In -Lieu Fee. In -lieu park fees shall be as set in Chapter- ECDC 15.00.020. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. Section 20.75.110 Changes. A. Preliminary Plats. The planning and development director may approve as a Type I decision minor changes to an approved preliminary plat, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as the original application. Application fees shall be as set in Chapter- 0 ECDC 15.00.020. B. Recorded Final Plats. An application to change a final plat that has been filed for record shall be processed in the same manner as a new application. This section does not apply to affidavits of correction. [Ord. 4299 § 59 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 66, 2009]. Section 20.75.130 Installation of improvements. A. Timing and Inspection Fee. The applicant shall not begin installation of improvements until the public works director has approved the improvement plans, the public works director and the applicant have agreed in writing on a time schedule for installation of the improvements, and the applicant has paid an inspection fee, as set in Chapter- 4-5.-WECDC 15.00.020. B. Completion — Bonding. The applicant shall either complete the improvements before the final plat is submitted for city approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the director of public works, and shall be processed as provided in Chapter 17.10 ECDC. C. Acceptance — Maintenance Bond. The director of public works shall not accept the improvements for the city of Edmonds until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. D. Short Subdivision — Deferred Installation. If the planning and development director determines that installation of improvements will not be needed at the time of the approval of the final plat of the short subdivision, the improvements shall be installed or guaranteed by bond before issuance of any development permit for any lot shown on the preliminary plat. This condition shall be stated on the final plat, and shall be binding on all later owners of lots created by the subdivision. [Ord. 4299 § 60 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.140 Final plat — Required certificates. The following certificates shall be shown on the final plat. Subsections (A) through (G) of this section shall be signed by the indicated person before the final plat is submitted for review. Subsection (G) of this section is required for formal subdivision only. A. Surveyor. The surveyor shall place his seal and signature on the plat along with: 1. A statement certifying that the plat was prepared by him, or under his supervision; 2. A statement certifying that the plat is a true and correct representation of the land surveyed; 3. A full and correct description of the land to be divided. B. Owner. The owner shall certify that the subdivision has been made with his free consent and according to his desires. Owners of other interests shown on the title report shall certify that they have notice of the subdivision. C. Dedications. A certificate of dedication by the owner for all areas to be dedicated to the public, acknowledged by a notary. D. Waiver of Claims. A statement by the owner waiving all claims for damages against any governmental authority which may arise from the construction, drainage and maintenance of required improvements. E. Waiver of Access. If required by the conditions of the preliminary approval, a waiver by the owner of direct access to any street from any property. F. Roads Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the public. G. Health Officer. A statement by the eity ofEdfnena Snohomish County health officer certifying that the proposed means of sewage disposal and water supply are adequate. H. Director of Public Works. The following statements to be signed by the director of public works: 1. A statement approving the survey date, the layout of streets, alleys and other rights -of -way, design of bridges, sewage and water system and other structures; and approving the final plat or short subdivision. I. Planning and Development Director. The following statements to be signed by the planning and development director: 1. A statement that the final plat conforms to the approved preliminary plat and all conditions of the preliminary approval; and approving the final plat or shore subdivision. J. Repealed by Ord. 4154. K. Taxes. A statement to be signed by the county treasurer that all taxes and delinquent assessments for which the land to be divided may be liable as of the date of the signing of the statement have been paid. [Ord. 4299 § 61 (Exh. A), 2023; Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. 20.75.145 Final plat — Accompanying material. The following material shall be submitted to the director of public works with the final plat: A. Review Fee. A review fee for the final plat as set in ChapteF 15.00 ECDC 15.00.020 shall be paid for each check or recheck of the final plat. B. Survey Notes. Complete field and computation notes of the plat survey showing the original or reestablished corners with descriptions and the actual traverse showing error of closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet. C. Title Report. A title report showing that ownership and other interests in the land described and shown on the final plat is in the name of the person signing the owner's certificate. [Ord. 4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017]. Section 20.85.020 General requirements. A. Review. The hearing examiner shall review variances as Type III-B decisions in accordance with provisions of Chapter 20.06 ECDC. B. Appeals. The hearing examiner decisions on variance shall be appealable to the city council in accordance with Chapter 20.06 ECDC. C. Time Limit. The approved variance must be acted on by the owner within one year from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of time before the expiration and the city approves the application. D. Review of Extension Application. An application for an extension of time shall be reviewed by the amity development dir-eete planning and development director as a Type II decision (Staff decision — Notice required). E. Location. A variance applies only to the property for which it has been approved and may not be transferred to any other property. [Ord. 4154 § 23 (Att. D), 2019; Ord. 3783 § 14, 2010; Ord. 3775 § 14, 2010; Ord. 3736 § 70, 2009]. Section 20.110.040 Enforcement procedures. A. Order to Correct Violation. 1. Issuance. Whenever the eammunity set=viees diFeeter-planning and development director or his/her designee becomes aware that a violation has occurred or is occurring, he/she may issue an order to correct violation to the property owner or to any person causing, allowing or participating in the violation. 2. Content. The eemmtm4y seiwiees dir-eetefplanning and development director or his/her designee shall include the following in the order to correct violation: a. Name and address of the property owner or other person to whom the order to correct violation is directed; and b. The location of the subject property by address or other description sufficient for identification of the building, structure, premises or land upon or within which the violation has occurred or is occurring; and c. The code section that has been violated; and d. A description of the violation; and e. A statement of action required to be taken to correct the violation; and f. Date by which compliance is required to avoid monetary penalties. This date will be no less than 24 hours from the date and time that the notice is posed on the property or no less than three days from the date that the letter is placed in U.S. Mail; and g. Statement that a monetary penalty in an amount per day for each violation shall be assessed against the person to whom the order to correct violation is directed for each and every day or portion of a day on which the violation continues following the administrative hearing. 3. Service of Order. The eonununity serviees diFeetafplanningand development director or his/her designee shall serve the order to correct violation upon the person to whom it is directed, either by sending a copy by U.S. Mail to the last known address of the person responsible for the violation, or by posting a copy conspicuously on the site or by serving a copy of the notice personally on the person responsible for the violation. B. Notice of Civil Violation. 1. Issuance. If the person responsible for the violation fails to correct or cause the correction of the violation within the time given by the order to correct the violation, a notice of civil violation will be issued to each person to whom the order to correct violation directed. 2. Issuance in an Emergency or for Repeat Violations. The eeWHR, it: , sefVi es dife t Planning and development director or his/her designee may issue a notice of civil violation without having issued an order to correct where an emergency exists or a repeated violation occurs. 3. Content. The applicable department director or his/her designee shall include the following in the notice of civil violation: a. The name and address of the property owner or the person to whom the notice is directed; and b. The location of the subject property by address or other description sufficient for the identification of the subject property; and c. The code section that has been violated; and d. A description of the violation; and e. A statement that a monetary penalty in an amount per day is assessed against the person to whom the violation is directed for each and every day or portion of a day during which the violation continues; and f. Date by which compliance is required to avoid abatement by the city. This date will be no less than 10 days from the date of the notice to correct violation; and g. A statement that the person to whom the notice of civil violation is directed must correct the violation and may pay the monetary penalty imposed to the city of Edmonds planning division or may appeal the notice of civil violation to the city of Edmonds hearing examiner. 4. Service of Notice. The conunanity seFvices dir-eetefplanning and development director or his/her designee shall serve the notice of civil violation upon the person to whom it is directed, either by sending a copy by U.S. Mail to the last known address of the person responsible for the violation, or by posting a copy conspicuously on the site or by serving a copy of the notice personally on the person responsible for the violation. C. Appeal to Hearing Examiner. 1. General. A person to whom the notice of civil violation is directed may appeal the notice of civil violation by filing a written notice of appeal with the lanning and development director within 10 days of the date the notice is placed in the mail, or seven days from the date the notice is posted conspicuously on the property or served personally on the person responsible for the violation. 2. Notice of Hearing. Notice of hearing will be sent by mail, posted on the site, or served in person upon the violating party no less than five calendar days before the time fixed for the hearing. 3. Hearing by City Violations Hearing Examiner. a. At the time stated in the notice, the violations hearing examiner will hear all relevant objections, protests and shall receive testimony under oath. Said hearings may be continued from time to time. If continued to a date certain, no new posting is required. b. If the violations hearing examiner finds that a violation of the Edmonds Community Development Code exists and that there is sufficient cause to abate the same, the hearing examiner will prepare findings and an order within 24 hours which shall specify: i. The nature of the violation; and ii. The amount of fine per day; and iii. The method of abatement; and iv. The time by which abatement is to be completed. D. Appeal to Superior Court. The determination of the hearing examiner is final and shall be appealable to superior court in accordance with Chapter 36.70C RCW. E. Abatement by the City. If the violation has not been corrected by the time ordered by the violations hearing examiner, or by the correction date ordered by the notice of civil violation, an abatement notice shall be sent by mail to the person responsible for the violation at their last known address, shall be posted in a conspicuous location on the site or served personally on the person responsible for the violation no less than 10 working days prior to abatement by the city. The city, its employees or agents are expressly authorized to enter said property for the purposes of abatement of said violation. The actual cost of abatement, including any incidental cost such as, but not limited to: staff time; legal costs; cost of postage or service; and any other reasonable, incidental cost shall be calculated and added to the monetary penalties. The city shall be free to employ appropriate contractors to remedy the situation and may pass through all costs of such contractors as incidental costs of abatement. F. Monetary Penalties. Except where a different penalty is specifically established by this code, violations shall be assessed at the rate of $100.00 per day or a portion of day thereof, for each and every day after the service of the notice of civil violation. The violations hearing examiner may also grant an extension of the date upon which fines begin in order to allow for a reasonable period of abatement. Such extension shall not exceed 10 calendar days. Following a finding of the hearing examiner of the existence of a violation at the appeal hearing on the expiration of the appeal period, continuing fines may be assessed by the provision of additional notice of civil violation pursuant to subsection (B)(2) of this section and an opportunity for hearing. No additional fine for a continuing violation may be assessed without the provision of notice and the opportunity for a hearing. G. Collection of Monetary Penalties. The monetary penalties constitute a personal obligation of the persons to whom the order to correct is directed. Any monetary penalty must be paid to the city of Edmonds planning division within 10 working days from the date of service of the hearing examiner order or as ordered by superior court if the hearing examiner's decision is appealed. [Ord. 3827 §§ 1, 2, 2010; Ord. 3795 §§ 1, 3, 2010; Ord. 3779 § 1, 2010; Ord. 3242 § 3, 1999; Ord. 2934 § 1, 1993; Ord. 2913 § 3, 1993]. Section 21.80.020 Permit coordinator. Permit coordinator means the communi y development dir-ee planning and development director or other person designated by the mayor. Section 22.110.000 Purpose and intent. The core concept for the Westgate mixed -use district is to create a vibrant mixed -use activity center that enhances the economic development of the city and provides housing as well as retail and office uses to meet the needs of all age groups. This chapter seeks to retain key features of the area, including protecting the large trees and green surrounding hillsides, while increasing walkability and gathering spaces, such as plazas and open spaces. Important aspects of this chapter include: A. Protecting steep slopes is a key concept; B. Designing a landscape emphasis for the primary intersection; C. Creating a lively pedestrian environment with wide sidewalks and requirements for buildings to be placed close to the sidewalk; D. Landscaping the plazas, open spaces, and parking areas with required landscaped open space; E. Promoting a sustainable low -impact development with a requirement for bioswales, rain gardens, green roofs and other features to retain and infiltrates stormwater; F. Providing workforce housing and increasing residential uses including small -sized dwelling units; G. Providing options for nonmotorized transportation linking new bike lanes into the city's larger system of bike lanes and extending sidewalks and pedestrian paths into the surrounding residential areas. [Ord. 3993 § 2 (Exh. 2), 2015]. Section 22.110.030 Green building construction and housing. A. Purpose. The purpose of this section is to encourage the development of a variety of housing choices available to residents of all economic segments and to encourage sustainable development through the use of development standards, requirements and incentives. B. Green Building and Site Design Criteria. All development in the Westgate district shall meet Built Green one- to three -star or LEED certified rating or equivalent as a requirement and shall meet a minimum green factor score of 0.3. C. Sustainable Site Design. All development shall meet Built Green one- to three -star or LEED certified standards, or an equivalent. Green factor score requirements shall be used in the design of sustainable site features and low- impactstefm ei stormwater treatment systems. A green factor score of 0.3 is required of all developments (see ECDC 22.110.070). Pervious surfaces shall be integrated into site design and may include: pervious pavement, pervious pavers and vegetated roofs. Capture and reuse strategies including the use of rainwater harvesting cisterns may be substituted for the effective area of pervious surface required. Runoff generated on site shall be routed through a treatment system such as a structured stormwater planter, bioswale, rain garden, pervious pavement, or cisterns. Runoff leaving the site shall conform to city of Edmondsstefm er stormwater management code, Chapter 18.30 ECDC. D. Housing. To promote a balance in age demographics and encourage age diversity, the city of Edmonds is actively encouraging a greater number of dwelling units targeting young professionals and young workers through workforce housing provisions. The Westgate mixed -use district requires that at least 10 percent of residential units shall be very small units designed for affordable workforce housing (under 900 square feet) and that not more than 10 percent of all dwelling units may exceed 1,600 square feet in size. [Ord. 3993 § 2 (Exh. 2), 2015]. Section 22.110.070 Amenity space, open space, and green factor standards. A. Purpose and Intent. This section identifies the types of amenity space and open space allowed to satisfy the requirements of the Westgate mixed -use zone, and provides design standards for each type to ensure that proposed development is consistent with the city of Edmonds's goals for character and quality of the buildings and spaces to be constructed on private property within the Westgate area. This section also describes the green factor requirements that apply to each development within Westgate. The intent of the proposed system is not only to establish amenity spaces that serve the community and local needs, but also to provide for the protection and enhancement of natural resources for the benefit of the greater community. Core principles of the Westgate mixed -use zone are to promote: 1. An environment that encourages and facilitates bicycling and pedestrian activity — "walkable" streets that are comfortable, efficient, safe, and interesting; and 2. Coherence of the public right-of-way, serving to assist residents, building owners and managers with understanding the relationship between the public right-of-way and their own properties; and 3. Sustainability, by providing for trees and plants which contribute to privacy, the reduction of noise and air pollution, shade, maintenance of the natural habitat, conservation of water and rainwater management. B. Green Factor Requirements. 1. Overview. The green factor sets a minimum score that is required to be achieved by each development through implementation of landscaping practices. The program provides a menu of landscaping practices that are intended to increase the functional quantity of landscape in a site, to improve livability and ecological quality while allowing flexibility in the site design and implementation. In this approach, each qualified landscape feature utilized in a project earns credits that are weighted and calculated through use of the green factor scoresheet. The score is based upon the relationship between the site size and the points earned by implementation of the specified landscape features. For example, credits may be earned for quantity and size of trees and shrubs, bioretention facilities, and depth of soil. Built features such as green roofs, vegetated walls and permeable paving may also earn credits. Bonus points may be earned with supplementary elements such as drought -tolerant and native plants, rainwater irrigation, public visibility and food cultivation. Scoring priorities come from livability considerations, an overall decrease in impervious surfaces and climate change adaptation. The functional benefits target a reduction ins stormwater runoff, a decrease in building energy, a reduction in greenhouse gas emissions, and an increase in habitat space. The minimum score required for all new development in the Westgate district is 0.3, earned through implementation of features specified below that comply with green factor standards. The implementation of the green factor does not have any effect upon other site requirements such as setbacks, open space standards, street and parking standards, city of Edmonds municipals stormwater code and city of Edmonds code for landscaping requirements that also apply. Green factor credit may be earned for these site requirements only if they comply with green factor standards. 2. Application and Implementation. The green factor for the Westgate district uses for reference Seattle green factor tools. These include: a. The green factor worksheet. b. The green factor scoresheet. c. The green factor plant list. d. The green factor tree list. The green factor tools are adopted in ECDC 22.110.100. In complying with the green factor code, the following steps apply: Step 1. Designers and permit applicants select features to include in planning their site and building and apply them to the site design. Applicants track the actual quantity — e.g., square footage of landscaped areas, pervious paved amenity space, number of trees — using the green factor worksheet. Step 2. Calculations from the worksheet are entered on the scoresheet. The professional also enters the site's square footage on the electronic scoresheet. The instrument then scores each category of proposed landscape improvements, and provides a total score in relation to the overall site size. The designer can immediately know if the site design is achieving the required score of 0.30, and can adjust the design accordingly. Note that improvements to the public right-of-way (such as public sidewalks, street tree plantings) are allowed to earn points, even though only the private site square footage is included in the site size calculation. Step 3. The landscape professional submits the scoresheet with the project plans, certifying that the plan meets or exceeds the minimum green factor score and other requirements for the property. The submission also requires indication that a landscape management plan has been submitted to the client. Step 4. City of Edmonds staff verify that the code requirements have been met before issuance of a permit. 3. Using Green Factor with Other Requirements. While a specific green feature may count for both green factor calculations and other requirements such as amenity space or open space, the requirements for each need to be met independently. The percentage of amenity space for Westgate is 15 percent of lot size, to be addressed within each development project. The open space section, subsection (D) of this section, also addresses green feature requirements, such as retention of vegetation on steep slopes, specifications for tree size, and stefm water stormwater management (refer to Chapter 18.30 ECDC); these are examples of features that are likely to overlap with and contribute to the green factor score while also contributing to the open space requirement. 4. Green Factor Categories. The green factor tools may take into account the following landscape elements: a. Landscaped areas (based on soil depth). b. Bioretention facilities. c. Plantings (mulch and ground cover). d. Shrubs and perennials. e. Tree canopy (based on tree sizes). f. Green roofs. g. Vegetated walls. h. Approved water features. i. Permeable paving. j. Structural soil systems. k. Bonuses for drought -tolerant plants, harvested rainwater, food cultivation, etc. C. Amenity Space. Amenity space is designed to provide residents and visitors of all ages with a variety of outdoor activity space. Although the character of these amenity spaces will differ, they form the places that encourage residents and visitors to spend time in the company of others or to enjoy time in an outdoor setting. All new development shall provide amenity space equal to at least 15 percent of the lot size. Additional amenity space above the 15 percent base requirement is encouraged and can be part of the development's green factor plan outlined in subsection (B) of this section or can contribute to bonus heights as defined in ECDC 22.110.090. All qualifying amenity space shall be open and accessible to the public during business hours. Qualifying amenity space shall be open to the air and located within six feet of the finished grade in order to provide some opportunity for variety and interest in public space while assuring easy accessibility for the public. Required and bonus amenity space must be provided in one or more of the following forms and no others: 1. Lawns: an open space, available for unstructured recreation. A lawn may be spatially defined by landscaping rather than building frontages. Its landscape shall consist of lawn and trees and shall provide a minimum of 60 percent planted pervious surface area (such as a turf, groundcover, soil or mulch). 2. Plazas: an open space, available for civic purposes and commercial activities. A plaza shall be spatially defined primarily by building facades, with strong connections to interior uses. Its landscape shall consist primarily of pavement. Trees are encouraged. Plazas shall be located between buildings and at the intersection of important streets. Plazas shall provide a minimum of 20 percent planted pervious surface area (such as a rain garden, bioswale, turf, groundcover, soil or mulch). The remaining balance may be any paved surface with a maximum 30 percent impervious paved surface. 3. Squares: an open space available for unstructured recreation or civic purposes. A square is spatially defined by building facades with strong connections to interior uses. Its landscape shall consist of paths, lawns and trees with a minimum of 20 percent planted pervious surface area (such as a rain garden, bioswale, turf, groundcover, soil or mulch). The remaining balance may be any paved surface with a maximum 30 percent impervious paved surface. Sidewalks. Although not counting toward required amenity space, the purpose of sidewalks is to provide safe, convenient, and pleasant pedestrian circulation along all streets, access to shopfronts and businesses, and to improve the character and identity of commercial and residential areas consistent with the city of Edmonds vision. New development meeting the standards of this chapter may be allowed to use a portion of the sidewalk area within the public right-of-way for outdoor seating, temporary displays, or other uses consistent with city code standards. D. Open Space. All new development shall provide a minimum of 15 percent of lot size as open space. Qualifying open space shall be unobstructed and open to the air. The goal for the overall open space in the Westgate mixed -use zone is to create a unified, harmonious, and aesthetically pleasing environment that also integrates sustainable concepts and solutions that restore natural functions and processes. In addition to amenity space, the Westgate mixed -use zone shall incorporate open space, as described in the regulations for each building type. Features contributing to the landscape character of Westgate also include: 1. Trees. The location and selection of all new tree planting will express the underlying interconnectivity of the Westgate district and surrounding neighborhoods. Species selection will be in character with the local and regional environment, and comprised of an appropriate mix of evergreen and deciduous trees. Trees will be used to define the landscape character of open space and amenity space areas, identify entry points, and reinforce the legibility of the district by defining major and minor thoroughfares for pedestrians, bicycles and vehicles. a. All new development shall preserve existing trees wherever feasible. b. All new development shall plant new trees in accordance with this chapter. Trees not included in amenity space or open space areas are not counted toward meeting overall amenity space or open space requirements. For example, individual trees planted along walkways or driveways may count toward meeting the green factor requirements but are not counted as open space. 2. Steep Slopes. New development shall protect steep slopes by retaining all existing trees and vegetation on protected slopes, as shown on the map included in this section (Figure 22.110.070.D). No development activity, including activities such as clearing, grading, or construction of structures or retaining walls, shall extend uphill of the protected slope line shown on the following map. Protected slope areas may count toward required open space if they retain existing trees or are supplemented to provide a vegetative buffer. 3. StormStormwater Management. Storm Stormwater runoff from sidewalks should be conveyed to planted parkways or landscaped rain gardens. Overflow from parkways and runoff from the roadways should be directed into bioswales and/or pervious paving in curbside parking areas, located along the street edges where it can infiltrate into the ground. Perforated curbs through which street stefm wa4e stormwater runoff can flow to open vegetated swales may also be provided, wherever feasible. Stefffl wa4e Stormwater features such as bioswales or planted rain gardens may count toward required open space only if they are entirely landscaped. Figure 22.110.070.1) Protected Slopes 9724: �.. 227 22712 w m y 9709 22718 y 22119 WRI 2211x SYr � 22711 INRISE 9706 9) o °m 22714 =22727 9ry 0g rn n 12121 m oo a 9826 5 221319h i s[u : G000mu 2280 m s n nh w`'Gm o 3 72801 n 9� m m 1,) t� hh0� 1 b 10117 22811 °i m m 9 j, �x g�0 RXIxG :N' 15krn PL5�t' 9R22804 980JO6'121 9�/i 'CO NPNRAL 9 m m p 2 hhh 1 N RKEi 22971 0 � 22828 Y m 910 ? yn o, ✓Onn 6 9797 76 GAS ° U' PAANING WALGAEENE 9727 'i ry�9 ry�ry5 x0+ 3ry ` 9801 BANK 9715 0� 9 OANx w 0 ryry939 ry'pp 9620 0 10022 27001 23006 ryVO� d00J0 f0016 9930 wO 23003 1 aANK 9910 23009 9S� 23002 $ 23015 23079 IVAR' °23014 23017 n 9529 p026 2302d 23028 27025 23024 23027 1 23029 BARTELL'S W 992 23027 2312, 23024 23027 9601 y^ b Q 23029 23030 23031 23030 : 9609 4ey 95. 4 23102 23103 23105 23701 r42 2)m 2370 1710/ 39717 6123107 23105 97179707 y 12717023172 4115.117.119 23121 114 0 23115 23110 < 13711 m 29'Si R6':; 13109 %70 m m moo 9 0 122 O n 1JI18 2J119 m 97189706 120 : 23125 0 0 12/ m m m 9825 23127 9129 23126 " 132,1D sr S., n a m m OLD WOODWAY 232n0919M0 H.B. Nf 9924 23206 23205 23206 9624 23P06 9516 ,, iulxrRx m 23214 vno....... ..... ..... 122 Protected slope line (number indiutes related slope contour, if applicable) Nnte:45fool width al protened a.is Mpiining eastedge of lot 23105, line m1h, ise four ind,,M sloperanmur, [Ord. 3993 § 2 (Exh. 2), 2015]. Section 22.110.080 Public space standards. Future development of the Westgate mixed -use district shall capitalize on opportunities to create and enhance public spaces for recreational use, pedestrian activity, and ecological health to strengthen the overall character of the district's public spaces. A. Public Space — General Requirements. Public space shall enhance and promote the environmental quality and the aesthetic character of the Westgate district in the following ways: 1. The landscape shall define, unify and enhance the public realm, including streets, parks, plazas, and sidewalks; 2. The landscape shall be sensitive to its environmental context and utilize plant species that reduce the need for supplemental irrigation water; 3. The landscape shall cleanse and detainer stormwater on site by utilizing a combination of biofiltration, permeable paving and subsurface detention methods; and 4. The landscape shall be compatible with encouraging health and wellness, encouraging walking, bicycling, and other activities. B. Public Space — Sustainability. The goal for the overall landscape design of public spaces is to create a unified, harmonious, socially vibrant, and aesthetically pleasing environment that also integrates sustainable concepts and solutions to restore natural functions and processes. The public right-of-way and urban street runoff becomes an extension of existing drainage pathways and the natural ecology. Water -efficient landscaping shall be introduced to reduce irrigation requirements based on a soil/climate analysis to determine the most appropriate indigenous/native-in-character, and drought -tolerant plants. All planted areas, except for lawn and seeded groundcover, shall receive a surface layer of specified recycled mulch to assist in the retention of moisture and reduce watering requirements, while minimizing weed growth and reducing the need for chemical herbicide treatments. Where irrigation is required, high efficiency irrigation technology with low pressure applications such as drip, soaker hose, rain shutoff devices, and low volume spray will be used. The efficiency and uniformity of a low water flow rate reduces evaporation and runoff and encourages deep percolation. After the initial growth period of three to seven years, irrigation may be limited in accordance with city requirements then in place. The location and selection of all new tree planting will implement "green infrastructure" principles and visually express the underlying interconnectivity of the Westgate development by doing the following: 1. Species selection shall be comprised of an appropriate mix of evergreen and deciduous trees. 2. Trees shall be used to define the landscape character of recreation and open space areas, identify entry points, and reinforce the legibility of the neighborhood by defining major and minor thoroughfares for pedestrians, bicycles, and vehicles. 3. Trees shall also be used to soften and shade surface parking and circulation areas. C. Stafm Alat Stormwater Management. Stefm water Stormwater shall be consistent with Chapter 18.30 ECDC. Storm wate Stormwater and hydrology components shall be integrated into the Westgate district to restore and maintain natural functions and processes, and mitigate negative environmental impacts. Public rights -of -way, proposed open space and parking lots shall filter and infiltrate sterm watestormwater to the maximum extent feasible to protect the receiving waters of Puget Sound. This ecological concept transcends the Westgate district to positively affect the surrounding neighborhoods, stream corridors and the regional watershed. 1. The two primary objectives of the proposed storm wate stormwater and hydrology components are: a. To reduce volume and rate of runoff, and b. To eliminate or minimize runoff pollutants through natural filtration. 2. These objectives shall be met by: a. Maximizing pervious areas; b. Maximizing the use of trees; c. Controlling runoff into bioswales and biofiltration strips; d. Utilizing permeable paving surfaces where applicable and feasible; e. Utilizing portions of parks and recreational spaces as detention basin; and f. Removing sediments and dissolved pollutants from runoff. D. SR 104/100th Avenue Intersection. 1. The design objectives for development, amenity space, open space, and landscape construction features at this key intersection are to provide a sense of place and convey the walkable and sustainable character of the Westgate district. 2. Building step -backs, pedestrian -oriented facades and amenities are required for the portions of buildings within 40 feet of the corner at each quadrant of this intersection, as illustrated in Figure 22.110.010.13. 3. The design objectives at this intersection shall be addressed with a combination of building facade treatments, public signage and amenity features (e.g., water features, art -work, bollards, benches, pedestrian - scale lighting, arbors, green walls, landscaping, arcades) to signify the intersection's importance as a focal point of the Westgate area (see Figure 22.110.080.13 for examples). Figure 22.110.080.D. Examples of Identity and Landscape Construction Features [Ord. 3993 § 2 (Exh. 2), 2015]. Section 23.40.005 Definitions pertaining to critical areas. For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: "Adjacent" means those activities located on site immediately adjoining a critical area; or distance equal to or less than 225 feet of a development proposal or subject parcel. "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. Best Available Science. See ECDC 23.40.310. "Best management practices" means a system of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. "Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. "Chapter" means those sections of this title sharing the same third and fourth digits. "City" means the city of Edmonds. City Council or Council. See ECDC 21.15.030. "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and the use or application of herbicide. "Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and monitoring and contingency plans. "Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is not limited to, the following: 1. "Creation" means actions performed to intentionally establish a wetland at a site where it did not formerly exist. 2. "Reestablishment' means actions performed to restore processes and functions to an area that was formerly a critical area, where the former critical area was lost by past alterations and activities. 3. "Rehabilitation" means improving or repairing processes and functions to an area that is an existing critical area that is highly degraded because one or more environmental processes supporting the critical area have been disrupted. 4. "Enhancement' means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. 5. "Preservation" means actions taken to ensure the permanent protection of existing high -quality wetlands. "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. "Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. "Director" means the city of Edmonds planning and development director or his/her designee. "Division" means the planning division of the city of Edmonds planning and development department. "Enhancement" means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Erosion Hazard Areas. See ECDC 23.80.020(A). Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC. "Floodplain" means the total area subject to inundation by a "100-year flood." "100-year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. "Footprint of existing development" or "footprint of development" means the area of a site that contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios. Frequently Flooded Areas. See Chapter 23.70 ECDC. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. Geologically Hazardous Areas. See Chapter 23.80 ECDC. "Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington. For geologically hazardous areas, an applicant may choose a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least five years of professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. "Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. "Habitats of local importance" means areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human -dominated landscape. "In -lieu fee program" means a program which sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in -lieu program sponsor, a governmental or nonprofit natural resource management entity. Landslide Hazard Areas. See ECDC 23.80.020(B). "Mitigation" means the use of any or all of the following actions, which are listed in descending order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. "Noxious weeds" means any plant that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter 16-750 WAC. "Planning staff' means those employed in the planning division of the city of Edmonds planning and development department. "Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For geologically hazardous areas, the qualified critical areas consultant shall be a geologist or engineering geologist licensed in the state of Washington to assess the potential hazard. If development is to take place within a geologically hazardous area, the qualified critical areas consultant developing mitigation plans and design shall be a professional engineer licensed in the state of Washington and familiar with landslide and slope stability mitigation. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of five years' field experience with wetlands and/or streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter on each critical area type. "Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. "Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing structures or portions thereof constitute the redevelopment of a property or subject parcel. "Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as compensatory mitigation may include reestablishment or rehabilitation. Seismic Hazard Areas. See ECDC 23.80.020(C). "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).) "Stormwater Management Manual" means the stormwater manual specified in Chapter 18.30 ECDC. "Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year- round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).) "Title" means all chapters of the city of Edmonds Community Development Code beginning with the digits 23. "Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. "Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water and stofm wate stormwater flows. "Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 4299 § 67 (Exh. A), 2023; Ord. 4026 § 1 (Att. A), 2016; Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord. 3527 § 2, 2004. Formerly 23.40.320]. Section 23.40.020 Relationship to other regulations. A. These critical areas regulations shall apply as an overlay and in addition to zoning, site development, stefffl wate stormwater management, building and other regulations adopted by the city of Edmonds. B. Any individual critical area adjoined or overlain by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this title or any existing land use regulation conflicts with this title, that which provides more protection to the critical area shall apply. C. These critical areas regulations shall be coordinated with review conducted under the State Environmental Policy Act (SEPA), as necessary and locally adopted. D. Compliance with the provisions of this title does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, and National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this title. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.40.090 Critical areas report — Requirements. A. Preparation by Qualified Professional. The applicant shall submit a critical areas report prepared by a qualified professional as defined herein. For wetlands, frequently flooded areas and fish and wildlife habitat conservation areas, an applicant may choose one of the qualified technical consultants on the city's approved list to prepare critical areas reports per the requirements of this title or may apply to utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant may be subject to independent review pursuant to subsection (B) of this section. All costs associated with the critical areas study shall be borne by the applicant. B. Independent Review of Critical Areas Reports. Critical areas studies and reports on geologically hazardous areas and those developed by an applicant representative or consultant not as part of a three -party contract may, at the discretion of the director, be subject to independent review. This independent review shall be performed by a qualified technical consultant selected by the city with all costs borne by the applicant. The purpose of such independent review is to provide the city with objective technical assistance in evaluating the accuracy of submitted reports and/or the effects on critical areas which may be caused by a development proposal and to facilitate the decision -making process. The director may also have technical assistance provided by appropriate resource agency staff if such assistance is available in a timely manner. C. Best Available Science. The critical areas report shall use scientifically valid methods and studies in the analysis of critical areas data and field reconnaissance and reference the source of science used. The critical areas report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title. D. Minimum Report Contents. At a minimum, the report shall contain the following: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; 2. A copy of the site plan for the development proposal including: a. A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared; and b. A description of the proposed stofm wate stormwater management plan for the development and consideration of impacts to drainage alterations; c. The site plan shall identify the location of all native and nonnative vegetation of six inches dbh or larger; 3. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; 4. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, and buffers adjacent to the proposed project area; 5. A description of reasonable efforts made to apply mitigation sequencing pursuant to ECDC 23.40.120, Mitigation sequencing, to avoid, minimize, and mitigate impacts to critical areas; 6. Report requirements specific to each critical area type as indicated in the corresponding chapters of this title; 7. A statement specifying the accuracy of the report and all assumptions made and relied upon; 8. A description of the methodologies used to conduct the critical areas study, including references; and 9. Plans for adequate mitigation, as needed to offset any critical areas impacts, in accordance with the mitigation plan requirements in ECDC 23.40.130. E. Unless otherwise provided, a critical areas report may incorporate, be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the director. At the discretion of the director, reports previously compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that the requirements of this section and the report requirements for each specific critical area type are met. F. Critical areas reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.40.220 Allowed activities. A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or approved by the city of Edmonds or other agency with jurisdiction, but do not require submittal of a critical area report, unless such submittal was required previously for the underlying permit. The director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to protect critical areas. B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city may observe or require independent inspection of the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party's expense. C. Allowed Activities. The following activities are allowed: 1. Permit Requests Subsequent to Previous Critical Areas Review. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) and construction approvals (such as building permits) if all of the following conditions have been met: a. The provisions of this title have been previously addressed as part of another approval; b. There have been no material changes in the potential impact to the critical area or buffer since the prior review; c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed since the issuance of that permit or approval; d. There is no new information available that is applicable to any critical area review of the site or particular critical area; and e. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured; 2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification of, addition to, or replacement of a legally constructed structure existing outside of a critical area or its buffer that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; 3. Modifications to Existing Structures within Critical Areas and/or Buffers. Modification to a legally constructed structure existing within a critical area or buffer shall be allowed when the modification: a. Does not increase the footprint of the structure; and b. Does not increase the impact to the critical area or buffer; and c. Does not increase risk to life or property as a result of the proposed modification or replacement. Additions to legally constructed structures existing within a critical area or buffer that do increase the existing footprint of development shall be subject to and permitted in accordance with the development standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040). This provision shall be interpreted to supplement the provisions of the Edmonds Community Development Code relating to nonconforming structures in order to permit the full reconstruction of a legal nonconforming building within its footprint; 4. Development Proposals within Interrupted Stream or Wetland Buffers. Adjacent areas that may be physically separated from a stream or wetland due to existing, legally established structures or paved areas may be exempted from the prescribed buffer widths if proven scientifically to be functionally isolated from the stream or wetland. The director will require the applicant to provide a site assessment and functional analysis documentation report by a qualified critical area consultant that demonstrates the interrupted buffer area is functionally isolated. The director shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the physical separation; 5. Activities within the Improved Right -of -Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities are located within the improved portion of the public right-of-way or a city -authorized private roadway, except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater; 6. Minor Utility Projects. Utility projects that have minor or short -duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria: a. There is no practical alternative to the proposed activity with less impact on critical areas; b. The activity involves the placement of utility pole(s), street sign(s), anchor(s), or vault(s) or other small component(s) of a utility facility; and c. The activity involves disturbance of an area less than 75 square feet; 7. Public and Private Pedestrian Trails. New public and private pedestrian trails subject to the following: a. The trail surface shall be limited to pervious surfaces and meet all other requirements, including water quality standards set forth in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19; b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and d. Trails located only in the outer 25 percent of critical areas buffers, and located to avoid removal of significant trees. Where existing legally established development has reduced the width of the critical areas buffer, trails may be placed in the outer 25 percent of the remaining critical area buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. Allowances for trails within the inner 75 percent of critical areas buffers are provided within applicable sections of Chapters 23.50 through 23.90 ECDC; 8. Select Vegetation Removal Activities. The following vegetation removal activities: a. The removal of the following vegetation with hand labor and hand tools for the purpose of habitat restoration when the area of work is under 1,500 square feet in area per year: i. Invasive and noxious weeds; ii. English ivy (Hedera helix); iii. Himalayan blackberry (Rubus discolor, R. procerus); iv. Evergreen blackberry (Rubus laciniatus); v. Scot's broom (Cytisus scoparius); and vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis); Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits or approval from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or other removal techniques. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. For activities intended to protect or restore habitat in wetlands or fish and wildlife habitat conservation areas, vegetation removal under this section may exceed the 1,500 square foot limitation if: i. The activity is proposed and managed by a nonprofit or other organization, approved by the city, that has demonstrated expertise and experience in the restoration or invasive removal activity; and ii. The project sponsor provides a specific proposal identifying the scope and location of the project, provides for project supervision, and includes a monitoring and inspection schedule acceptable to the city and approved by the appropriate city department; b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that: i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement trees; ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags; iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or unless removal is warranted to improve slope stability; iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this title; c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in kind or with similar native species within one year in accordance with an approved restoration plan; d. Chemical Applications. The application of herbicides, pesticides, organic or mineral -derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife Management Recommendations and the regulations of the State Department of Agriculture, the U.S. Environmental Protection Agency, and Department of Ecology; and e. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited; 9. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and 10. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers. [Ord. 4106 § 1, 2018; Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.40.240 Unauthorized critical area alterations and enforcement. A. When a critical area or its buffer has been altered in violation of this title or the provisions of Chapter 7.200 ECC, all ongoing development work shall stop and the critical area shall be restored. The director shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of the provisions of this title. The director may also require an applicant or property owner to take immediate action to ensure site stabilization and/or erosion control as needed. B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the director. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection (C) of this section. The director shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. C. Minimum Performance Standards for Restoration. 1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: a. The historic structural and functional values shall be restored, including water quality and habitat functions; b. The historic soil types and configuration shall be replicated; c. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and d. Information demonstrating compliance with the requirements in ECDC 23.40.130, Mitigation plan requirements, shall be submitted to the city planning division. 2. For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified: a. The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard; b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. D. Site Investigations. The director is authorized to make site inspections and take such actions as are necessary to enforce this title. The director shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. E. Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this title shall be guilty of a misdemeanor and subject to penalties not to exceed a square footage cost of $3.00 per square foot of impacted critical area and critical area buffer and/or a per tree penalty consistent with ECDC 23.10.100(Cl ' 8.^ 5.070(B) an (Q Any development carried out contrary to the provisions of this title shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city of Edmonds may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this title. The civil penalty shall be assessed as prescribed in ECDC ' 8.4 5.070 and 4.^�T23.10.100(C). [Ord. 4026 § 1 (Att. A), 2016; Ord. 3828 § 2, 2010; Ord. 3527 § 2, 2004]. Section 23.50.040 Development standards — Wetlands. A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. C. Category I Wetlands. Activities and uses shall be prohibited from Category I wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title. D. Category II Wetlands. With respect to activities proposed in Category II wetlands, the following standards shall apply: 1. Water -dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. 2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration, or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer. E. Category III and IV Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category III and IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan. F. Wetland Buffers. 1. Buffer Requirements. The following buffer widths have been established in accordance with the best available science. They are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology). The adjacent land use intensity is assumed to be high. a. For wetlands that score six points or more for habitat function, the buffers in subsection (F)(1)(e) of this section can be used if both of the following criteria are met: i. A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and the priority habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, subsection (F)(1)(e) of this section may be used with the required measures in subsection (17)(1)(f) of this section alone. ii. The measures in subsection (F)(1)(f) of this section are implemented, where applicable, to minimize the impacts of the adjacent land uses. b. For wetlands that score three to five habitat points, only the measures in subsection (17)(1)(f) of this section are required for the use of subsection (17)(1)(e) of this section. c. If an applicant chooses not to apply the mitigation measures in subsection (F)(1)(f) of this section, or is unable to provide a protected corridor where available, then subsection (F)(1)(g) of this section must be used. d. The buffer widths in subsections (17)(1)(e) and (17)(1)(g) of this section assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. e. Wetland Buffer Requirements for Western Washington If Subsection (17)(1)(f) of This Section Is Implemented and Corridor Provided. Buffer Width (in Feet) Based on Habitat Score Wetland Category Habitat Score: Habitat Score: Habitat Score: 3-5 6-7 8-9 Category I: 75 110 225 Based on total score Category I: 190 225 Bogs and wetlands of high conservation value Category I: ---T 75 110 225 Forested Category I: 225 Interdunal (buffer width not based on habitat scores) Category I: 150 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category II: 75 110 225 Based on score Category II: 110 Interdunal wetlands (buffer width not based on habitat scores) Category II: 110 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category III (all) 60 110 225 Category IV (all) 40 f. Required Measures to Minimize Impacts to Wetlands (All Measures Are Required If Applicable to a Specific Proposal). Disturbance Required Measures to Minimize Impacts Lights Direct lights away from wetland Noise Locate activity that generates noise away from wetland If warranted, enhance existing buffer with native vegetation planting adjacent to noise source For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10-foot heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Toxic runoff Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered Establish covenants limiting use of pesticides within 150 feet of wetland Apply integrated pest management Stsfm ..,ate Stormwater Retrofit sta fm e stormwater detention and treatment for roads and existing adjacent development runoff Prevent channelized flow from lawns that directly enters the buffer Use low -intensity development techniques (for more information see storm stormwater ordinance and manual) Change in water regime Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance Use privacy fencing or plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion Place wetland and its buffer in a separate tract or protect with a conservation easement Dust Use best management practices to control dust g. Wetland Buffer Requirements for Western Washington If Subsection (17)(1)(f) of This Section Is Not Implemented or Corridor Not Provided. Buffer Width (in Feet) Based on Habitat Score Wetland Category Habitat Score: Habitat Score: Habitat Score: 3-5 6-7 8-9 Category I: 100 150 300 Based on total score Category I: 250 300 Bogs and wetlands of high conservation value Category I: ---T 100 150 300 Forested Category I: 300 Interdunal (buffer width not based on habitat scores) Category I: 200 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category II: 100 150 300 Based on score Category II: 150 Interdunal wetlands (buffer width not based on habitat scores) Category II: 150 Estuarine and coastal (buffer width not based on habitat scores) lagoons Category III (all) 80 150 300 Category IV (all) 50 2. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist and the best available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site - specific characteristics. This determination shall be based on one or more of the following criteria: a. A larger buffer is needed to protect other critical areas; b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion control measures will not prevent adverse impacts to the wetland; c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer enhancement plan in accordance with this subsection (17)(3) may substitute; or d. The wetland and/or buffer is occupied by a federally listed threatened or endangered species, a bald eagle nest, a great blue heron rookery, or a species of local importance; and it is determined by the director that an increased buffer width is necessary to protect the species. 3. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. 4. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. 5. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title, wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. G. Wetland Buffer Modifications and Uses. 1. Where wetland or buffer alterations are permitted by the city of Edmonds, the applicant shall mitigate impacts to achieve no net loss of wetland acreage and functions consistent with ECDC 23.50.050 and other applicable provisions of this title. 2. At the discretion of the director, standard wetland buffers may be averaged or reduced when consistent with all criteria in this subsection (G). Wetland buffer averaging with enhancement shall be preferred over wetland buffer reduction with enhancement. Wetland buffer reduction shall only be approved by the director when buffer averaging cannot be accomplished on site. 3. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a standard wetland buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a wetland buffer enhancement plan for areas of buffer degradation. Only those portions of a wetland buffer existing within the project area or subject parcel shall be considered the total standard buffer for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetlands extending off site, after averaging is no less than that which would be contained within a standard buffer; and d. The buffer width at any single location is not reduced by more than 25 percent of the standard buffer width. 4. Buffer Width Reductions through Buffer Enhancement. At the discretion of the director, and only when buffer averaging cannot be accomplished on site, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category III and IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer width reductions by no more than 25 percent of the standard width; provided, that: a. The plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 23.40.130(D); and d. The plan specifically documents methodology and provides performance standards including but not limited to: i. Percent vegetative cover; ii. Percent invasive species cover; iii. Species richness; and iv. Amount of large woody debris. 5. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. All activities allowed by ECDC 23.50.020, Allowed activities — Wetlands. b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. c. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does not interfere with substrate permeability, are generally located only in the outer 25 percent of wetland buffers, and are located to avoid removal of significant trees. Where existing legally established development has reduced the width of the wetland buffer, trails may be placed in the outer 25 percent of the remaining wetland buffer. The trail shall be no more than five feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. The director may allow trails within the inner 25 percent of wetland buffers when required to provide access to wildlife viewing structures, fishing access areas, or connections to other trail facilities; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. d. Stefm Stormwater Management Facilities. comer Stormwater management facilities, limited to outfalls, pipes and conveyance systems, stormwater dispersion outfalls and bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category III or IV wetlands only; provided, that: i. No other location is feasible; and ii. The location and function of such facilities will not degrade the functions or values of the wetland. iii. Stafm wate Stormwater management facilities are not allowed in buffers of Category I or II wetlands. iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, c Stormwater Management, including Minimum Requirement No. 8, Wetland Protection. H. Signs and Fencing of Wetlands. 1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and are subject to inspection by the director prior to the commencement of permitted activities. The director may require the use of fencing to protect wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer. a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Protected Wetland Area Do Not Disturb Contact the City of Edmonds Regarding Uses and Restrictions b. The provisions of subsection (H)(2)(a) of this section may be modified as necessary to assure protection of sensitive features or wildlife. 3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances; provided, that the director may waive this requirement: a. As part of any development proposal for single-family plats, single-family short plats, multifamily, mixed use, and commercial development where the director determines that such fencing is necessary to protect the functions of the critical area; provided, that breaks in permanent fencing may be allowed for access to permitted buffer uses (subsection (G)(5) of this section); b. As part of development proposals for parks where the adjacent proposed use is active recreation and the director determines that such fencing is necessary to protect the functions of the critical area; c. When buffer averaging is employed as part of a development proposal; d. When buffer reductions are employed as part of a development proposal; or e. At the director's discretion to protect the values and functions of a critical area. I. Additions to Structures Existing within Wetlands and/or Wetland Buffers. 1. Additions to legally constructed structures existing within wetlands or wetland buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this section; provided, that a wetland and/or buffer enhancement plan is provided to mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard wetland buffers, wetland buffer averaging with enhancement, and buffer reductions with enhancement require applicants to locate such additions in accordance with the following sequencing: a. Outside of the standard wetland buffer; b. Outside of a wetland buffer averaged (with enhancement) per subsection (G)(3) of this section; c. Outside of a wetland buffer reduced (with enhancement) per subsection (G)(4) of this section; d. Outside of the inner 25 percent of the standard wetland buffer width with no more than 300 square feet of structure addition footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum three -to -one (3: 1) ratio (enhancement -to -impact); e. Outside of the inner 25 percent of the standard wetland buffer width with no more than 500 square feet of new footprint within the inner 50 percent of the standard wetland buffer width; provided, that enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that stafm stormwater low impact development (LID) techniques and other measures are included as part of the wetland/buffer enhancement plan. 2. Where meeting wetland buffer enhancement requirements required by subsection (I)(1) of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. 3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be accommodated in accordance with the sequencing in subsection (I)(1) of this section (e.g., additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. J. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existing development occurring within a wetland buffer; provided, that the following conditions are met: 1. The footprint of existing development was legally established, and is consistent with the definition provided in ECDC 23.40.005; 2. The proposed development within the footprint of existing development is sited as far away from the wetland edge as is feasible; 3. As part of the development proposal, opportunities to reduce the footprint of existing development are implemented where such reduction would increase the buffer width adjacent to the wetland and not represent an undue burden given the scale of the proposed development; 4. The proposed development includes enhancement to the adjacent wetland and associated buffer in order to improve functions degraded by previous development; 5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of the newly proposed development within the footprint of existing development occurring in a wetland buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and 6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. K. Exemptions and Allowed Uses in Wetlands. The following wetlands may be exempt from the requirement to avoid impacts (ECDC 23.40.120(B)(1)), and they may be filled if the impacts are fully mitigated based on the remaining actions in ECDC 23.40.120(B)(2) through (6). If available, impacts should be mitigated through the purchase of credits from an in -lieu fee program or mitigation bank, consistent with the terms and conditions of the program or bank. In order to verify the following conditions, a critical area report for wetlands meeting the requirements in ECDC 23.50.030 must be submitted: 1. All isolated Category IV wetlands less than 4,000 square feet that: a. Are not associated with riparian areas or their buffers; b. Are not associated with shorelines of the state or their associated buffers; c. Are not part of a wetland mosaic; d. Do not score six or more points for habitat function based on the 2014 update to the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology); and e. Do not contain a priority habitat or a priority area for a priority species identified by the Washington Department of Fish and Wildlife, do not contain federally listed species or their critical habitat, or species of local importance identified in Chapter 23.90 ECDC. 2. Wetlands less than 1,000 square feet that meet the above criteria and do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter. [Ord. 4127 § 3, 2018; Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.80.040 Allowed activities — Geologically hazardous areas. The following activities are allowed in geologically hazardous areas as consistent with ECDC 23.40.220, Allowed activities, Chapter 19.10 ECDC, Building Permits — Earth Subsidence and Landslide Hazard Areas, and Chapter 18.30 ECDC, StormStormwater Management, and do not require submission of a critical area report: A. Erosion and Landslide Hazard Areas. Except for installation of fences and as otherwise provided for in this title, only those activities approved and permitted consistent with an approved critical areas report in accordance with this title shall be allowed in erosion or landslide hazard areas. B. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas: 1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly; 2. Additions to existing single -story residences that are 250 square feet or less; and 3. Installation of fences. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.80.070 Development standards — Specific hazards. A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall meet the requirements of ECDC 23.80.060, Development standards — General requirements, and the specific following requirements: 1. Minimum Building Setback. The minimum setback shall be the distance required to ensure the proposed structure will not be at risk from landslides for the life of the structure, considered to be 120 years, and will not cause an increased risk of landslides taking place on or off the site. A setback shall be established from all edges of landslide hazard areas. The size of the setback shall be determined by the director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by the development, based upon review of and concurrence with a critical areas report prepared by a qualified professional; 2. Buffer Requirements. A buffer may be established with specific requirements and limitations, including but not limited to, drainage, grading, irrigation, and vegetation. Buffer requirements shall be determined by the director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by activities within the buffer area, based upon review of and concurrence with a critical areas report prepared by a qualified professional; 3. Alterations. Alterations of an erosion or landslide hazard area, minimum building setback and/or buffer may only occur for activities for which a hazards analysis is submitted and certifies that: a. The alteration will not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions; b. The alteration will not decrease slope stability on adjacent properties; and c. Such alterations will not adversely impact other critical areas; 4. Design Standards within Erosion and Landslide Hazard Areas. Development within an erosion or landslide hazard area and/or buffer shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides greater long- term slope stability while meeting all other provisions of this title. The requirement for long-term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function. The basic development design standards are: a. The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. If stability at the proposed development site is below these limits, the proposed development shall provide practicable approaches to reduce risk to human safety and improve the factor of safety for landsliding. In no case shall the existing factor of safety be reduced for the subject property or adjacent properties; b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas; c. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography; d. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; e. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties; f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and g. Development shall be designed to minimize impervious lot coverage; 5. Vegetation Retention. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited; 6. Seasonal Restriction. Clearing shall be allowed only from May 1st to October 1st of each year; provided, that the director may extend or shorten the dry season on a case -by -case basis depending on actual weather conditions, except that timber harvest, not including brush clearing or stump removal, may be allowed pursuant to an approved forest practice permit issued by the city of Edmonds or the Washington State Department of Natural Resources; 7. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from an erosion or landslide hazard area shall be prohibited except as follows: a. Conveyed via continuous storm pipe downslope to a point where there are no erosion hazard areas downstream from the discharge; b. Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed stefm wate stormwater runoff in the predeveloped state; or c. Dispersed discharge upslope of the steep slope onto a low -gradient, undisturbed buffer demonstrated to be adequate to infiltrate all surface and storm wate stormwater runoff, and where it can be demonstrated that such discharge will not increase the saturation of the slope; and 8. Prohibited Development. On -site sewage disposal systems, including drain fields, shall be prohibited within erosion and landslide hazard areas and related buffers. B. Earth Subsidence and Landslide Hazard Area. In addition to the requirements of this chapter, development proposals for lands located within the earth subsidence and landslide hazard area as indicated on the critical areas inventory shall be subject to the provisions of Chapter 19.10 ECDC. C. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the standards of ECDC 23.80.060, Development standards — General requirements. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Section 23.90.040 Development standards — Specific habitats. A. Endangered, Threatened, and Sensitive Species. 1. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency. 2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical areas report prepared by a qualified professional and approved by the director. Approval for alteration of land adjacent to the fish and wildlife habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies. 3. Bald eagle habitat is subject to the Federal Bald and Golden Eagle Protection Act. Washington State bald eagle protection rules (WAC 232-12-292) shall not be required as long as bald eagles are not listed as a state endangered or threatened species. B. Anadromous Fish. 1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards: a. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species; b. An alternative alignment or location for the activity is not feasible; c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical areas report; and e. Any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical areas report. 2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. 3. Fills, when authorized, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water -dependent use. C. Retention of Vegetation on Subdividable, Undeveloped Parcels. As a provision of this title, the director shall require retention of a minimum of 30 percent of native vegetation on undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 per Chapter 16.10 ECDC. This standard for development shall apply to all undeveloped (or redeveloped), subdividable lands zoned RS-12 or RS-20 that contain a landslide hazard area as defined by ECDC 23.80.020(B); a stream or stream buffer; or a wetland or wetland buffer, except for as provided in subsection (C)(4) of this section. This provision for native vegetation retention will provide increased protection of fish and wildlife habitat throughout the Edmonds jurisdiction, and shall be applied consistent with the following criteria: 1. Achieving the minimum 30 percent retention requirement for native vegetation shall be determined by assessing the existing site area that supports native vegetation. For purposes of this provision, areas that support native vegetation shall include areas dominated by plant species which are indigenous to the Puget Sound region, which reasonably could have been expected to naturally occur on the site, and within which native trees over six inches in diameter at breast height (dbh) make up more than 40 percent of the canopy cover. 2. The goal of 30 percent native vegetation can be met through maintaining existing native vegetation, establishing native vegetation, or a combination of both. 3. A vegetation management plan, subject to the approval of the director, is required for approval of the proposed development. 4. For undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 that currently do not support any native vegetation areas meeting minimum requirements in subsection (C)(1) of this section, the director may waive the requirements of this provision. D. Streams. No alteration to a stream or stream buffer shall be permitted unless consistent with the provisions of this title and the specific standards for development outlined below. 1. Standard Stream Buffer Widths. Buffers for streams shall be measured on each side of the stream, from the ordinary high water mark. The following shall be the standard buffer widths for streams based upon the Washington State Department of Natural Resources water typing system and further classification based upon fish presence (fishbearing vs. nonfishbearing) for the Type F streams existing in the city of Edmonds: a. Type S: 150 feet; b. Type F anadromous fishbearing stream adjacent to reaches with anadromous fish access: 100 feet; c. Type F anadromous fishbearing stream adjacent to reaches without anadromous fish access: 75 feet; d. Type F nonanadromous fishbearing stream: 75 feet; e. Type Np: 50 feet; f. Type Ns: 40 feet. General areas and stream reaches with access for anadromous fish are indicated on the city of Edmonds critical areas inventory. The potential for anadromous fish access shall be confirmed in the field by a qualified biologist as part of critical areas review and determination of standard stream buffer widths. 2. Reduced Stream Buffer Widths. Standard stream buffer widths may be reduced by no more than 25 percent of the standard stream buffer width concomitant to development and implementation of a stream buffer enhancement plan approved by the director. Reduced stream buffer widths shall only be approved by the director if a stream buffer enhancement plan conclusively demonstrates that enhancement of the reduced buffer area will not degrade the quantitative and qualitative functions and values of the buffer area in terms of fish and stream protection and the provision of wildlife habitat. Stream buffer enhancement plans must meet the specific requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and: a. The buffer enhancement plan proposed as part of buffer reduction provides evidence that functions and values in terms of stream and wildlife protections will be: i. Increased or retained through plan implementation for those streams where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those streams where existing buffer vegetation is inadequate to protect the functions and values of the stream; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success for a minimum of five years in accordance with ECDC 23.40.130(D) and (E); and d. The plan specifically documents methodology and provides performance standards for assessing increases in stream buffer functioning as related to: i. Water quality protection; ii. Provision of wildlife habitat; iii. Protection of anadromous fisheries; iv. Enhancement of fish habitat; and v. Restricting intrusion and disturbance. 3. Stream Buffer Width Averaging with Enhancement. The director may allow modification of a standard stream buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a buffer enhancement plan for areas of buffer degradation. Only those portions of a stream buffer existing within the project area or subject parcel shall be considered in the total buffer area for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional demonstrates that: a. The buffer enhancement plan proposed as part of buffer averaging provides evidence that functions and values in terms of stream and wildlife protections will be: i. Increased or retained through plan implementation for those streams where existing buffer vegetation is generally intact; or ii. Increased through plan implementation for those streams where existing buffer vegetation is inadequate to protect the functions and values of the stream; b. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for a stream extending off site, after averaging is no less than that which would be contained within the standard buffer; and c. The buffer width at any single location is not reduced by more than 25 percent of standard width. 4. Additions to Structures Existing within Stream Buffers. a. Additions to legally constructed structures existing within stream buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this chapter (ECDC 23.90.030 and this section); provided, that a buffer enhancement plan is provided to mitigate for impacts consistent with this title; and provided, that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard stream buffers, stream buffer averaging with enhancement, and buffer reductions through enhancement require applicants to locate such additions in accordance with the following sequencing: i. Outside of the standard stream buffer; ii. Outside of a stream buffer averaged (with enhancement) per subsection (13)(3) of this section; iii. Outside of a stream buffer reduced (with enhancement) per subsection (D)(2) of this section; iv. Outside of the inner 25 percent of the standard stream buffer width with no more than 300 square feet of structure addition footprint within the inner 50 percent of the standard stream buffer width; provided, that enhancement is provided at a minimum three -to -one (3:1) ratio (enhancement -to - impact); or v. Outside of the inner 25 percent of the standard stream buffer width with no more than 500 square feet of new footprint within the inner 50 percent of the standard stream buffer width; provided, that enhancement is provided at a minimum five -to -one (5:1) ratio (enhancement -to -impact), and that storm water stormwater low impact development (LID) techniques or other measures that enhance existing buffer condition are included as part of the stream buffer enhancement plan. b. Where meeting stream buffer enhancement requirements required by subsection (D)(4)(a) of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. c. Additions to legally constructed structures existing within stream buffers that cannot be accommodated in accordance with the above sequencing (i.e., additions proposed within the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. 5. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existing development occurring within a stream buffer; provided, that the following conditions are met: a. The footprint of existing development was legally established, and is consistent with the definition provided in ECDC 23.40.005; b. The proposed development within the footprint of existing development is sited as far away from the stream edge as is feasible; c. As part of the development proposal, opportunities to reduce the footprint of existing development are implemented where such reduction would increase the buffer width adjacent to the stream and not represent an undue burden given the scale of the proposed development; d. The proposed development includes enhancement to the adjacent remaining stream buffer in order to improve functions degraded by previous development; e. Enhancement is provided as buffer enhancement for an equivalent area of the footprint of the newly proposed development within the footprint of existing development occurring in stream buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and f. Impacts from temporary disturbances within the stream buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. 6. Stream Crossings. Stream crossings may be allowed only if all reasonable construction techniques and best management practices are used to avoid disturbance to the stream bed or bank. Upon completion of construction, the area affected shall be restored to an appropriate grade, replanted with native species and/or otherwise protected according to a stream mitigation and buffer enhancement plan approved by the director, and maintained and monitored per the requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and providing for buffer enhancement in accordance with the requirements of subsection (D)(2) of this section. In addition, the applicant must demonstrate that best management practices will be used during construction to provide the following: a. Fisheries protection, including no interference with fish migration or spawning; b. All crossings shall be constructed during summer low flow periods and shall be timed to avoid stream disturbance during periods when stream use is critical to salmonids; c. Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists; d. Crossings and culverted portions of the stream shall be minimized to the extent feasible and serve multiple purposes and multiple lots whenever possible; e. Roads may cross streams only on previously approved rights -of -way, provided no practical alternative exists and adequate provision is made to protect and/or enhance the stream through appropriate mitigation. Roads shall be designed and located to conform to topography, and maintained to prevent erosion and restriction of the natural movement of ground water as it affects the stream; f. Roads and utilities shall be designed in conjunction to minimize the area of disturbance to the stream; g. Roads shall be constructed so as to minimize adverse impacts on the hydrologic quality of the stream or associated habitat to a degree acceptable to the city; h. An alternative alignment or location with less impact is not feasible; and i. The crossing will be designed as near as perpendicular with the water body as possible. 7. Trails. After reviewing the proposed development and technical reports, the director may determine that a pedestrian -only trail may be allowed in a stream buffer; provided, pervious materials are used, all appropriate provision is made to protect water quality, and all applicable permit requirements have been met. No motorized vehicles shall be allowed within a stream or its buffer except as required for necessary maintenance or security. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect streams by limiting vehicular access to designated public use or interpretive areas. 8. StormStormwater Management Facilities. Stann wate Stormwater management facilities, limited to outfalls, pipes and conveyance systems, stefm wa4e stormwater dispersion outfalls and bioswales, may be allowed within stream buffers; provided, that: a. No other location is feasible; b. Pipes and conveyance facilities will be in the outer 25 percent of the buffer; c. Stefm wate Stormwater dispersion outfalls, bioswales, and bioretention facilities may be allowed anywhere within stream buffers; d. Such facilities are designed consistent with requirements of Chapter 18.30 ECDC; and e. The location and function of such facilities will not degrade the functions or values of the stream or stream buffer. 9. City Discretion in Protection, Enhancement and Preservation of Streams. The city of Edmonds is unique within the state of Washington as a built -out community with streams that have been incorporated within, and often located immediately adjacent to, residential development. This title allows the director full discretion to condition proposals for development on parcels containing, adjacent to, or potentially impacting streams to enhance conditions consistent with ECDC 23.40.050 and the purposes and objectives of this title. Conditions on development shall be required to enhance streams and stream buffers as fish and wildlife habitat conservation areas to provide increased protection of anadromous fisheries and potential fish habitat in accordance with best available science and the recommendations of an approved critical areas report and may include: a. Removal of stream bank armoring; b. In -stream habitat modification; c. Native planting; d. Relocation of stream channel portions to create contiguous riparian corridors or wildlife habitat; e. Planting of stream bank native vegetation to increase stream shading; f. Removal and control of nonnative, invasive weed species; g. Requiring additional building setbacks or modified buffers; and h. Limiting or reducing the types or densities of particular uses. The right of discretion in provisioning development in regard to streams is maintained in order to provide for the creation of enhanced conditions over those currently existing around streams in the city of Edmonds. In all instances where an applicant cannot demonstrate that standard stream buffer widths as provided in subsection (D)(1) of this section can be accommodated by project development, the applicant shall be required to submit a stream buffer enhancement plan or a stream mitigation and buffer enhancement plan as part of a critical areas report indicating that post -project site conditions will provide equivalent or greater protection of stream functions and fish habitat over a standard stream buffer and existing site conditions. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004]. Figure 23.90.000 CITY OF EDMONDS CRITICAL AREAS Critical Areas Compliance Requirements* Fish and Wildlife Habitat Conservation Areas -Pik" 'Reporl requirements may In met through submission of a single trifical area report or multiple reports in combination. 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 EDH981851 ORDINANCE 4314 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 08/05/2023 and ending on 08/05/2023 and that said newspaper was regularly distributed to its subscribers daring all of said period. The amount the fee for st It publication is S24.08. Subscribed and sworn befo me on this day of Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 SCO rF PASSEY Unda Phillip=. Notary Public state of was!•hin_!ton My Appointment Ezrires Sr?9 -0:5 GOrnmisshOn i:u fnC16� ut1 Classified Proof ORDINANCE SUMMARY of the �y o ,.n Wigton On the 2nd day of August 2023. the City Councll of the City of Edmonds. Passed the following Ordinance, the summary of said ordinance consisting of title is provided as follows: ORDINANCE NO. 4313 AN ORDINANCE OF THE GTE€ MO DS. WASHINGTON, ADOPTING VARIOUS MINOR UPDATES TO THE EDMONDS CITY CODE AND THE EDMONDS COMMUNITY DEVELOPMENT CODE. NONE OF WHICH CONSTITUTE SUBSTANTIVE POLICY CHANGES. DATED ffas 2nd Day of August, 2023. CfTY CLERK, SCOTT PASSEY Published: August 5.2023. EOH981861 Proofed by Phillips, Linda, 08/07/2023 09:01:29 am Page: 2