Ordinance 32650006.900000
WSS /gjz
6/3/99
ORDINANCE NO. 3265
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING AS AN INTERIM ZONING
REGULATION AMENDMENTS TO THE PROVISIONS OF
CHAPTER 17.70 REGARDING TEMPORARY USES TO ADD
A NEW SECTION 17.70.040 BISTRO AND OUTDOOR
DINING, SETTING A PUBLIC HEARING DATE, AMENDING
THE PROVISIONS OF ECDC 18.70.030(B) RELATING TO
REVIEW OF STREET USE PERMITS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, outdoor dining during the limited Northwest summer creates an
atmosphere and ambiance which the City Council finds should be fostered and encouraged, and
WHEREAS, outdoor dining and the ambiance which it creates will help to foster
tourism and provide the sense of place which the City Council believes should be encouraged
within the City of Edmonds, and
WHEREAS, the City Council wishes to adopt an interim zoning measure pursuant
to RCW 35.63.200 in order to provide for a method under which temporary outdoor uses not
involving the construction of a permanent building or structure may be administratively
approved, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Chapter 17.70 of the Edmonds Community Development Code is
hereby amended by the addition of an interim zoning regulation as Section 17.70.040 Bistro and
Outdoor Dining to read as follows:
17.70.040 Bistro and Outdoor Dining
A properly zoned and licensed food or beverage service
establishment may temporarily utilize public sidewalks in right -of-
way areas immediately adjacent to its establishment. The area
authorized for use shall be that area of the immediately adjacent
public right -of -way and/or outdoor areas under the lease or
ownership of the applicant lying between the applicant's property
and the public right -of -way. The area authorized for such use shall
not extend beyond the street frontage of the business lessee or
property owner. Any building or structure as such terms are
defined pursuant to the building adopted by Chapter 19 shall fully
comply with all provisions of the Community Development Code
including but not limited to review and approval by the
Architectural Design Board.
Section 2. The amendment to Section 17.70.040 adopted by Section 1 of this
ordinance is an interim zoning measure which shall expire 180 days following its adoption by the
City Council absent its regular adoption or extension by the City Council. A public hearing is
hereby set on such measure for August 3, 1999, such date being not more than 60 days from the
date of adoption with this ordinance pursuant to the requirements of RCW 35.63.200.
Section 3. The Edmonds Community Development Code Section 18.70.030
Review paragraph (B). Issuance by Development Services Director is hereby amended to read as
follows:
18.70.030 Review
B. Issuance by Development Services Director. The
Development Services Director or his/her designee may approve a
street use permit ii
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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 occupied,
permanently or temporary;
b. Requirements of the State Building Code, including
but not limited to all provisions relating to handicapped
accessibility and barrier free design requirements shall be
met; and
C. Any mobile vending units shall be properly licensed
pursuant to Chapter 4.12 ECC;
2. The Architectural 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;
3. The proposal will not unreasonably interfere with the rights
of the public; and
4. The proposal is in the public interest, safety and
convenience.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
i/
MAYOR,
ATTEST /AUTHENTICATED:
o - .z eL..4�
CITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY )5� &
W. Scott Snyder
FILED WITH THE CITY CLERK: 07/02/99
PASSED BY THE CITY COUNCIL: 07/06/99
PUBLISHED: 07/11/99
EFFECTIVE DATE: 07/16/99
ORDINANCE NO. 3265
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SUMMARY OF ORDINANCE NO. 3265
of the City of Edmonds, Washington
On the 6th day of July, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3265. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AS AN
INTERIM ZONING REGULATION AMENDMENTS TO THE PROVISIONS OF CHAPTER
17.70 REGARDING TEMPORARY USES TO ADD A NEW SECTION 17.70.040 BISTRO
AND OUTDOOR DINING, SETTING A PUBLIC HEARING DATE, AMENDING THE
PROVISIONS OF ECDC 18.70.030(B) RELATING TO REVIEW OF STREET USE
PERMITS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of July, 1999.
CITY CLERK, SANDRA S. CHASE
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Document Page 1 of 4
Revised Code of Washington
TITLE 35 RCW CITIES AND TOWNS
CHAPTER 35.63 RCW PLANNING COMMISSIONS
. RCW 35.63.200, Moratoria, interim zoning controls -- Public hearing -- Limitation on
length.
A council or board that adopts a moratorium or interim zoning control, without holding a
public hearing on the proposed moratorium or interim zoning control, shall hold a public hearing
on the adopted moratorium or interim zoning control within at least sixty days of its adoption,
whether or not the council or board received a recommendation on the matter from the
commission. If the council or board does not adopt findings of fact justifying its action before this
hearing, then the council or board shall do so immediately after this public hearing. A moratorium
or interim zoning control adopted under this section may be effective for not longer than six
months, but may be effective for up to one year if a work plan is developed for related studies
providing for such a longer period. A moratorium or interim zoning control may be renewed for
one or more six -month periods if a subsequent public hearing is held and findings of fact are made
prior to each renewal. [1992 c 207 § 1.]
RCW 35.63.210 Accessory apartments.
Any local government, as defined in RCW 43.63A.215, that is planning under this chapter
shall comply with RCW 43.63A.215(3). [1993 c 478 § 8.]
RCW 35.63.220 Treatment of residential structures occupied by persons with handicaps.
1 Applicable Cases
No city may enact or maintain an ordinance, development regulation, zoning regulation or
official control, policy, or administrative practice which treats a residential structure occupied by
persons with handicaps differently than a similar residential structure occupied by a family or other
unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing
amendments act of 1988 (42 U.S.C. Sec. 3602). [1993 c 478 § 20.]
RCW 35.63.230 Watershed restoration projects -- Permit processing - -Fish habitat
enhancement project.
A permit required under this chapter for a watershed restoration project as defined in RCW
89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish
habitat enhancement project meeting the criteria of RCW 75.20.350(1) shall be reviewed and
approved according to the provisions of RCW 75.20.350. [1998 c 249 § 5; 1995 c 378 § 8.]
NOTES:
Findings -- Purpose -- Report -- Effective date - -1998 c 249: See notes following RCW 75.20.350.
RCW 35.63.240 Planning regulations -- Copies provided to county assessor.
By July 31, 1997, a city planning under RCW 36.70A.040 shall provide to the county assessor
a copy of the city's comprehensive plan and development regulations in effect on July 1 st of that
year and shall thereafter provide any amendments to the plan and regulations that were adopted
before July 31st of each following year. [1996 c 254 § 3.]
RCW 35.63.250 General aviation airports.
Adoption and amendment of comprehensive plan provisions and development regulations
under this chapter affecting a general aviation airport are subject to RCW 36.70.547. [1996 c 239 §
3.]
RCW 35.63.260 Conditional and special use permit applications by parties licensed or
certified by the department of social and health services or the department of
corrections -- Mediation prior to appeal required.
(1) Prior to filing an appeal of a final decision by a hearing examiner involving a conditional
or special use permit application requested by a party that is licensed or certified by the department
of social and health services or the department of corrections, the aggrie
days after the final decision, initiate formal mediation procedures in an I Adopted by Reference
Ordinance #_3g65 on 77 -6- 9999
http:// www. mrsc. org /cgi- bin/om_cgi.exe ?clientID= 66810114 &hitsperhe -, I
:Ci_ty_Clerk .. -- _ _ - -. -- -
Affidavit of Publication
STATE OF WASHINGTON, ss
COUNTY OF SNOHOZIIISH,
SUMMARY F
ORDIWN E N . 3265
The undersigned, being first duly sworn on oath deposes and says
of the City of dmoeds.
Washington
On the 61h day of July, 1999.
that she is Principal Clerk of THE HERALD, a daily newspaper
the City Edmonds. pas end Ord na ce No.
printed and published in the City of • Everett, County of Snohomish,
3265. A summary of the content
of said ordinance, consisling of
the title, provides as follows:
and State of Washington; that said newspaper is a newspaper of
AN ORDINANCE OF THE CITY
OF EEDMONDS, WASHINGTON,
general circulation in said County and State; that said newspaper
ADOPTING AS AN INTERIM
ZONING REGULATION
has been approved as a legal newspaper by order of the Superior
AMENDMENTS TO THE PRO-
VISIONS OF CH
REGARDING TEMPORARY
Court of Snohomish County and that the notice ...........................
USES TO ADD A NEW SEC-
TION 17.70.040 BISTRO AND
OUTDOOR DINING, SETTING A
PUBLIC HEARING DATE,
..Summary ............ ....................
AMENDING THE PROVISIONS 1
OF ECLC ',8.70.030(8) RELAT-
ING TO REVIEW OF STREET
USE PERMITS, AND FIXING A
TIME WHEN THE SAME SHALL
.......
BECOME EFFECTIVE.
The full text of this Ordinance
will be mailed upon request. -
DATEDthis 71h day of July,
....................................................................................................... ...............................
1999.
City Clerk, SANDRA S. CHASE;
a printed copy of which is hereunto attached, was published in said
Published: July 11, 1999..
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
.July ... 1.1 ........ 1.99.9 ...................•--..................................... .......................-- - - - - --
...................................................................................................•--•- .....................--- ......
and that said newspaper was regularly distributed to its subscribers
durlipg all of said period.
.............................. I ....................
Principal Clerk
Subscribed and sworn to before me this........' 1..1.th........
dof uly ....... ......... ........--- ...........- 16.99..
Notary Public in and fort Stat of Washington,
residing at Everett, Snoho 'sh C unty.
PUBLIC
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