Loading...
Ordinance 33120006.900000 WSS /gjz 4/20/00 ORDINANCE NO. 3312 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AND ENACTING A NEW CHAPTER 17.75 ENTITLED OUTDOOR DINING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, certain zoning districts of the City — BN, BC, CW and CG — offer opportunities for outdoor dining which would enhance the ambiance respectively of the Neighborhood Business zone, the Community Business zone, Commercial Waterfront zone and General Commercial zone; and WHEREAS, the City Council wishes to approve for the establishment of outdoor dining in zoning districts subject to appropriate limitations and conditional use restrictions; WHEREAS, the restrictions of such a zoning change have been reviewed by the City's Planning Board and a favorable recommendation issued as well as by the public at public hearing, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code is hereby amended by the addition of a new Chapter 17.75 Outdoor Dining to read as follows: 17.75.010 Outdoor dining — Permitted secondary use. Limited outdoor seating for outdoor dining is hereby allowed as a permitted secondary use in the BN — Neighborhood Business zone, BC — Community Business zone, CW — Commercial Waterfront zone, and CG — General Commercial zone. Seating shall be { WSS434346 .DOC;1/00006.900000/900000} - 1 - limited to an additional ten percent of the existing interior seating of the establishment or eight (8) seats, whichever is greater, and shall be located outside of public rights of way. No additional parking stalls shall be required for outdoor dining usage. 17.75.020 Primary uses requiring a conditional use permit. Outdoor dining shall be a primary use requiring a conditional use permit in the BN — Neighborhood Business zone, BC — Community Business zone, CW — Commercial Waterfront zone, and CG — General Commercial zone, for outdoor seating which exceeds ten percent of the existing interior seating in the establishment or more than eight (8) seats, which ever is greater. This use shall be established and maintained only in accordance with the terms of a conditional use permit approved by the staff under the staff decision (notice required) process established pursuant to ECDC 20.95.050. At a minimum, the conditions considered for imposition by the staff may include a restriction on operating hours, location of the outdoor seating, and/or buffering of the noise and visual impacts related to the outdoor dining seating. All seating permitted pursuant to the conditional use permit shall be located outside of public rights of way. If outdoor seating is provided under these provisions, no additional parking stalls shall be required for the outdoor dining. 17.75.030 Reduction of outdoor seating by existing nonconforming seating. An existing eating establishment with nonconforming seating which exceeds the current standards of City zoning ordinance may utilize outdoor dining as a permitted secondary use or as a primary use requiring conditional use permit, provided, however, that the outdoor seating shall not increase the nonconformity of the establishment. For example, an existing establishment whose interior seating exceeds the normally permitted seating requirement for the zone by four (4) seats, outdoor dining permitted as a secondary use shall be reduced by four (4) seats. Any additional seating shall require a conditional use permit pursuant to the provisions of Section 17.75.020. 17.70.040 Outdoor dining buildings or structures. Any building or structure such as a service stand, fence, planter, kiosk, awning or other shelter utilized in serving outdoor diners shall fully comply with all provisions of the State Building Code and this Community Development Code, including but not limited to Architectural Design approval. { WSS434346 .DOC;1/00006.900000/900000} - 2 - Section 2. 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: MAVbR, G&1Y HAAKENSON ATTEST /AUTHENTICATED: .4�.1 Chu, CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CIAY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 05/12/2000 PASSED BY THE CITY COUNCIL: 05/16/2000 PUBLISHED: 05/21/2000 EFFECTIVE DATE: 05/26/2000 ORDINANCE NO. 3312 {WSS434346.DOC;1 /00006.900000/900000} - 3 - SUMMARY OF ORDINANCE NO. 3312 of the City of Edmonds, Washington On the 16th day of May, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3312. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AND ENACTING A NEW CHAPTER 17.75 ENTITLED OUTDOOR DINING AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 17th day of May, 2000. i4A., •O• &,41, CITY CLERK, SANDRA S. CHASE t { WSS434346 .DOC;1/00006.900000/900000 }- 4 - Affidavit of Publication STATE OF WASHINGTON, is COUNTY OF SNOHODUSH, SUMMARYOFORDINANCE The undersigned, being first duly sworn on oath deposes and says of the i( Edmonds, that she is Principal Clerk of THE HERALD, a daily newspaper Washington On the 16th day of May, 2000, ' printed and published in the City of Everett, County of Snohomish, ;the City Council of the City of Edmonds, passed Ordinance No. 13312. A summary of the content { and State of Washington; that said newspaper is a newspaper of the said as consisting of general circulation in said County and State; that said newspaper AN ORDINANCE OF THE CITY OF E , WASHINGTON, AMENDING DING T HE PROVISIONS has been approved as a legal newspaper by order of the Superior T NITY HDEVELOPMEN CODE Court of Snohomish County and that the notice ......... ............................... 'AND ENACTING A NEW CHAP- TER 17.75 ENTITLED OLIT- I DOOR DINING AND FIXIO --A I Summar Of Ordinance 4 3312 TRJIEWRERTHESAME SHALL ................. Y.............................................................-........ ............................... BECOME EFFECTIVE. The full text of ponrequesinan Clty of Edmonds upon request. DATEDthis 17th day of Ma i ....................................................................................................... ............................... 2000. CITY CLERK, SANDRA S. CHASE Published: May 21, 2000. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ............ f..Iblished :......May.. 1. 2000 ................... ............................... f ............. .A......................... and at s ' newspaper was regul r distrib ted to its subscribers dur of said per d. ........... ...... .... ............................... .. ............ .............. Principal Clerk Subscribed and sworn to before me this .........................2nd daf ................ 3--- ................. -- ..................... 20. . .... ...... . ....... tA46.1 .................. ary Public in a hspgton, residing at Everett, Snoho s unty , a a• �.M \SS to M. e a 20p2,.O�`� oe,`, 8 -2 -1