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Ordinance 1504ORDINANCE NO. /5 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING THE OFFICIAL ZONING ORDINANCE BY THE ADDITION THERETO OF NEW SECTIONS 12.13.400 THROUGH 12.13.420 ESTABLISHING A NEW ZONING DISTRICT CLASSIFICATION, BEING THE MARINE RESOURCE DISTRICT (MR), SETTING FORTH THE INTENT OF SAID CLASSIFICATION, THE PERMITTED USES THEREIN, PROVIDING FOR A MANDATORY CONDITIONAL USE PERMIT FOR CERTAIN USES AND THE CRITERIA THEREFORE, AND PROVIDING PENALTIES. WHEREAS, the City Council of the City of Edmonds, Washington, pursuant to Planning Commission Resolution No. 340, called a public hearing and thereat found it to be in the best interest and the public health, safety and welfare to amend the Edmonds Zoning Code as set forth below, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, and specifically the Zoning Code, is hereby amended by the addition of three new sections: Section 12.13.400 Intent, Marine Resource District (MR). A. General. The principal long-range objective and intent of this MR classification is to provide for the location and grouping of uses compatible with marine - oriented activities while at the same time preserving the utility of the salt water, tidelands, and deep water lands. Because of the susceptibility to injury of marine organisms, including marine life, and the chemical balance of the water, and because of the carrying capacity through the fluidity of water, tide action and current, permitted uses must be con- siderably narrowed from those that are permitted in upland areas. Adequate uses are elsewhere permitted in the Edmonds Zoning Code through provision for business and industry in other districts, specifically including, but not limited to, the Waterfront Commercial District (CW) and the Industrial Park District (IP). The latter two specifically named districts are located close to transportation facilities including railroad siding, limited access highway and moorage facilities. The MR classification is intended to blend compatible recrea- tional and commercial activities to best utilize, for public and private interests, the substantial attributes of marine - oriented activities while at the same time preserving such utilization for future generations. / 9! Limited experience in providing zoning controls within such a district as herein provided dictates a cautious approach toward permitted utilization until such time as greater experience is gathered. As technological advances demonstrate a greater guarantee against disruptive influence and injury to the marine ecology than have been witnessed to date, the MR permitted uses may be expanded to maintain the viability and flexibility of the MR classification for optimum benefits and for the health, safety, morals and general welfare of the public. These regulations are intended to apply to surface and below surface waters and to all submerged lands and tidelands. B. Other governmental regulations. This classification is intended to provide local control to the extent that federal, state and other governmental regulations have not preempted the field of regulation. whereas other governmental agencies are primarily concerned with technological standards, the primary concern of the City of Edmonds is with the locational aspects of a particular land or water use with reference to the overall development of the Edmonds planning area. Although a given use may be technically feasible, it may nevertheless be incompatible with existing or planned uses for the MR classification and therefore prohibited from locating within the MR classification notwithstanding com- pliance with the regulations of another governmental agency. The provisions herein are intended to enhance rather than to in any way impede the free flow of commerce and navigation. The permitted uses hereinafter set forth in the MR classifi- cation are subject to applicable federal, state and other governmental permits, fees, licenses and regulations and nothing herein contained shall in any way be construed to lessen or derogate from those standards, permits, fees, licenses and regulations. Such agencies include, but are not limited to, the Corps of Army Engineers, the State Depart- ment of Natural Resources, the State Department of Fisheries, the State Toll Bridge Authority, the State Department of Highways, the Port of Edmonds, the State Polution Control Commission, and similar federal, state or governmental agencies. In the event of conflict between the regulations herein set forth and those of any federal, state or other governmental agency, the regulations set forth herein shall be construed to the greatest extent possible to give full force and effect to all such regulations rather than to invalidate one or the other. Further, in the event of unconstitutionality or invalidity of any provisions of the MR classification, the provisions set forth in Section 12.16.190 (severability) of the Edmonds Zoning Code shall govern, it being hereby expressly declared that each section, subsection, sentence, clause, phrase, and word herein would have been proposed, adopted, and approved irrespective of the fact that any portion thereof be declared invalid or unconstitutional if such be the case. Section 12.13.410. Permitted uses (MR). In the MR zone the following types of uses are permitted as hereinafter provided and allowed by this section, subject to the limitations set forth above regarding, federal, state and other governmental agency regulation, and subject to the general provisions and exceptions set forth in this title. -2- A. Commercial fishing, sports fishing and shell fishing, including deep -water mollusks, crusta- ceans, and bivalves, as regulated and permitted by the Washington State Department of Fisheries and other applicable governmental agencies. B. The movement of ships, boats, rafts, barges and submarines, and the establishment of government - authorized navigational devices and aids as regulated by the U.S. Coast Guard, the Corps of Army Engineers and other applicable governmental agencies, provided, however, there shall be no discharge of ballast, sanitary facilities or afflu- ent, chemicals, petroleum products, garbage, cargo (except to save life or property), or any other thing, fluid or solid of any kind or des- cription whether by design or accident regardless of precautions exercised. C. Swimming, scuba diving and related recreation activities including the establishment of publi- cally owned or maintained recreation areas. D. The installation of submerged power and communi- cation cables, fuel lines and any other related installations, subject to approval by the City Council, the State Pollution Control Commission, and any other applicable governmental agencies. E_ The filling or dredging of submerged land and the construction of breakwaters, bulkheads, groins, piers and related structures for harbors, marinas, buildings and/or railroad trackage, subject to approval by the City Council, the Corps of Army Engineers and other applicable governmental agencies. F_ Scientific installations, including submerged manned or unmanned research shelters, subject to approval by the City Council and other applicable agencies. G. Mineral extraction from water, 'subject to approval by the City Council and applicable agencies, but excluding submerged land mining, drilling for petroleum or gas, or excavation in connection therewith. H. Marine agriculture in the propogation and harvest of marine vegetation such as edible or medicinal seaweed provided that the basic chemical balance of the water is not disturbed or polluted, subject to approval by the City Council and applicable regulations or other governmental agencies. I. Educational facilities, commercial, private or public, subject to approval by the City Council. J. As set forth in the Intent Section of the MR District proposals for other uses not hereinabove provided will be entertained by application being submitted to the Planning Commission requesting amendment to this Section to provide a newly established permitted use within the MR District. -3- Section 12.13.420 Mandatory conditional use permit. Each permitted use set forth in subparagraphs D through I of Section 12.13.410 herein of the MR District shall be subject to the grant of a conditional use permit by the City Council which may deny the permit in its entir- ety or grant its subject to particularized provisions. Application for said conditional use permit shall be in the same form and required notice as provided in Section 12.16.070 and Section 12.16.130 except that said applica- tion shall be directed to the City Council rather than to the Board of Adjustment. The standards and criteria governing the issuance of such conditional use permits by the City Council are as follows: A. That the use will not endanger the public health, morals, general welfare or marien ecology and recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, pollutants, fumes, vibration, odors and hazard to life and property; and B. That the use will not be injurious or detrimental to adjoining or abutting owners or uses; and C., That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony and compatible with the area in which it is to be located as set forth in the MR Intent Section and the Compre- hensive Plan for the development of Edmonds and its environs. D. In addition, the City Council may impose specific conditions precedent to establishing the use and said conditions may include: (1) Increasing requirements in the standards, criteria or policies established by the Edmonds Zoning Code; (2) Stipulate the exact location as a means of minimizing hazards to life, limb, property damage, erosion or pollution; (3) Require structural features or equipment essential to serve the same purposes set forth in item (2) above; (4) Impose conditions similar to those set forth in items (2) and (3) above, as deemed neces- sary to establish parity with uses permitted in the MR District their freedom from nui- sance generating features in matters of noise, odors, pollution, wastes, vibration, and physical hazards. E. All conditions required by the City Council shall be entered in the minutes of the meeting at which the permit is granted and also on the certificate of the conditional use permit; 151E F. To ensure the establishment of the above conditions, the City Council shall have the authority to require and approve a specific plan and to increase the requirements as set forth above, but in no case shall the council have the authority to decrease the requirements of this Ordinance for any use. G_ In the event of failure to comply with the plans approved by the City Council, or with any con- ditions imposed upon the conditional use permit, the permit shall thereupon immediately become void and of no effect; H. Where plans are required to be submitted and approved as part of the application for a conditional use permit, modifications of the original plans may be made by the City Council after review. Section 2. Penalties. Any person, corporation, or other organization of every kind and description, whether ownee, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this ordinance or knowingly permits any such violation or fails to comply with any of the requirements thereof, or who erects, constructs, recon- structs, alters, enlarges, converts, moves, or uses any building or structure or uses any land or water in viola- tion of any statement or plan submitted by him, her or it and approved under the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 5.12.170 of the Edmonds City Code and shall be subject to injunctive relief as provided by Section 12.16.160 (B) of said Edmonds City Code. APPROVED: v , MAYOR ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: October 20, 1970 FILED WITH THE CITY CLERK: October 20, 1970 PUBLISHED: October 28, 1970 -5-