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Ordinance 26600006.150019 WSS:ctk 02/11/88 WSS504590 R: 03/01/88naa ORDINANCE NO. 2660 AN ORDINANCE OF THE CITY OF EDMOND_ WASHINGTON, AMENDING THE PROVISIONS OF ECDC 16.45.010 IN ORDER TO REQUIRE A CONDITIONAL USE PERMIT FOR CONVENIENCE STORES WITHIN THE BN ZONE; AMENDING ECDC 16.50.010(C) CONDITIONAL USES IN ORDER TO REQUIRE THE ISSUANCE OF CONVENIENCE STORES WITHIN THE BC ZONE, AMENDINC THE PROVISIONS OF ECDC CHAPTER 21.90 BY THE ADDITION OF A NEW SECTION 21.90.012 DEFINING SERVICE STATION, AUTOMOBILE AND A NEW SECTION 21.90.014 RELATING TO THE DEFINITION OF SERVICE STATION, SELF; AMENDING THE PROVISIONS OF 21.20.040 RELATING TO DRIVE-IN BUSINESS, ADDING A NEW SECTION 21.15.092 RELATING TO CONVENIENCE STORES, AMENDING THE PROVISIONS OF ECDC 21.15.09r DEFINING THE TERM CONDITIONAL 'JSE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City C,)uncil recognizes that a recent court decision has questioned the current provisions of the Edmonds Community Development Code relating to -he regulation, of self- service gas stations, and WHEREAS, the Council finds that the regulation of convenience stores and self-service gas stations through appropriate review as a conditional use wittin Neighborhood Business (3N) and :ommunity Business (BC) zones is in the best interest of the public to protect the integrity of the City's residential neighborh.=ods and to carefully review the impacts of such development; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amending ECDC 16.45.710 Uses to read as follows: 16.45.010 Uses. A. Permitted Primary Uses. Single family dwellings as regulated in RS-6 Zorre. (2) Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial garages, used car lots, taverns, theatres, auditori�..ms, undertaking establishments, and those uses requiring a conditional use permit as listed below: (3) Office and outpatient clinics, excluding commercial kennels. (4) Drycleaning stores and laundromats. B. Permitted Secondary Uses. (1) Limited assemoiy, repair or fabrication of goods incidental to a permitted or conditional use. ( ) 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. C. Primary Uses Requirina a Conditional Use Permit. (1) Commercial parking lots. (2) Community facilities, as listed in the RM Zane. (3) Drive-in businesses. (4) Businesses open to the public bet-.een -he hours 11 p.m. and 6 a.m. (5) Convenience stores. D. Secondary Uses Requiring a Conditional Jse Permit. (1) Outdoor storage, incidental to a permitted or conditional use. Section 2. ECDC 16.50.010(C) relating to conditional uses in the Community Business zone is hereby amended in order to add a new subparagraph (10) relating to convenience stores to read as follows: 16.50.010 Uses. - 2 - C. Primary Uses Requiring a Conditional Use Permit. (10) Convenience Stores. Section 3. Amending the provisions of ECDC Chapter 21.90 relating to the definition of S "Terms" ir. order to add new Sections 21.90.012 relating to Service Station, Automobiles to read as follows: 21.90.021 Service Station, Automobiles: An autcmob=le station means a business that provides for any/or all of the following: A. The sale of gasoline, diesel or other fuels used for the propulsion of motor vehicles, when such products are delivered directly into the fuel tanks of automobiles. B. The servicing of motor vehicles and operations incidental thereto, incidental t� the retail sale of fuels, petroleum products and automotive accessories; automohile washing by hand; waxing and polishing of automobiles; auto, detailing; tire changing and repairing (excluding recapping); battery service whether charging or replacement, excluding repair and rebuilding; ra3iator cleaning and flushing, excluding steam cleaning and repair; and installation of automotive accessories. C. The following services if performed entirely within a building: lubrication of motor vehicles; brake service limited to ser•icing and replacement f brake cylinders, aligns and brake shoes- wheel balanci.ig; inspection, testing, adjustment, and replacement or servicing of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fitel pumps, water hoses and wiring, mufflers and tai' pipes, and pollution control device- and equipment. Section 4. Amending the provisions of ECDC Chapter 21.90 - 3 -- relating to the definitions cf "S" terms to add a new Section 21.90.014 relating to self-service gas stations to read as follows: 21.90.014 Service Station, Self- For the purposes of this code a "self-service station" means an automobile service station at which one or more of the fuel dispensing pumps is designated for operation by the retail gasoline consumer. Section 5. ECDC 21.20.040 defining drive-in businesses is hereby amended to read as follows: 21.20.040 Drive -In Business: A drive-in business means a business or portion of a business where a consumer is permitted or encou-aged either by the 4esign of physical facilities or by the provision of services and/or packaging procedures, to carry on business while seated in a motor vehicle. In some instances such as self-service gasoline stations, customers ma• need to yet out of their vehicle in order to obtain the product --+r service. This definition shall include but not be limited to service stations, car washes, and drive-in restaurants or banks. Section. 6. ECDC Chapter 21.15 is hereby amended by the addition of a ne,.- Section 21.15.092 relating to convenience stores to read as follows: 21.15.092 Convenience Store: A convenience store shall mean a small retail commercial establishment which sells and/or rents a limited selection and variety of perishable and nonperishable food items and grocery related items, video cassettes, and sundries which by their nature are geared r,ward rapid customer turnover. Section 7. ECDC 21.15.090 relating to the definition of conditional use is 'ereby amended to read as follows: 21.15.090 Conditional Use: Conditional use means a use allowed in one o- more of the zones as defined by the zoning code, but which, because of characteristics peculiar to such use, because of size, h—urs of operation, technical processes or equipment, or because of the exact location with reference to surroundings and exiting improve..ients or demands upon putlic facilities, requires a special permit in order to provide a particular degree of control to make such - 4 - uses consistent and compatih':e with other eyisting or permissible uses :n the sane zone or zones. Multiple uses or any combinations of uses, any of which requ.re a conditional use permit, shall be allowed on a single 1ct only upon the grant of a conditional use permit. Section 8. This ordinance, being an exercise of a power specifically delegated to the City legislative uody, is not subject to referendum, and and shall take effect five (5) days after passage and publication of the attached summary which is hereby approved. APPROVED: i RA- Y0 ARRY S. 1 G TE ATTEST/AUTHENTICATED: / CVTY LERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: ' BY . FILED WITH THE CITY CLERK: February 25, 1988 PASSED BY THE CITY COUNCIL: March 1, 1988 PUBLISHED: March 6, '1988 EFFECTIVE DATE: " rch ' 1 , ' 988 ORDNANCE NO. 2660 WSS504590