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Ordinance 33200006.900000 WSS /gjz 7/19/00 ORDINANCE NO. 3320 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE BY THE ADOPTION OF A NEW CHAPTER 17.65 LIMITED OUTDOOR DISPLAY OF MERCHANDISE, AS WELL AS AMENDING SECTION 16.45.030 OPERATION RESTRICTIONS BN ZONE; SECTION 16.50.030 OPERATING RESTRICTIONS CW ZONE AND SECTION 16.60.030 OPERATING RESTRICTIONS CG ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the display of outdoor merchandise is a traditional part of the commercial activities of many merchants; and WHEREAS, the zoning ordinances of the City of Edmonds does not currently permit such use; and WHEREAS, the Planning Board has made its recommendation to the City Council and after public hearing, the City Council determines it to be in the public interest to enact an ordinance providing" for outdoor displays of merchandise, both privately on -site and through the appropriate use of the City's rights -of -way under an encroachment permit, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Chapter 17.65 is hereby amended to read as follows: 17.65.000 ' Purpose {WSS442491.DOC;1/00006.900000/} - 1 - The purpose of this chapter is to provide reasonable limits on the outdoor display of merchandise in conjunction with a legally operating business. These criteria are intended to ensure that the limited outdoor display of merchandise may be permitted in order to assist the normal activities of a business while not creating a public health or safety hazard or a public nuisance. 17.65.010 Standards. A. The limited outdoor display of merchandise shall only be permitted in conjunction with an existing permitted use which occupies the subject property. Display items shall be limited to merchandise sold by the business or decorative items which relate to or complement the business. Display items shall not include signage which would otherwise require a sign permit under Chapter 20.60. B. An outdoor display of merchandise shall: 1. Permit free access to all buildings and comply with access requirements imposed by the State Building Code as the same exists or is hereafter amended including but not limited to the Uniform Fire, Building and Barrier Free Codes; and 2. Not be placed in or on street furniture, parking meters, public signage, planter boxes, turf, dirt or landscaped areas nor beyond the edge of the business' street frontage. C. Displays within the public right -of -way shall require an encroachment permit under Chapter 18.70 and shall comply with - all conditions applicable to such a permit. When located within the public right -of -way, display items shall be placed adjacent to the building and may encroach onto a maximum of two feet of the public sidewalk, except, however, that all clear zones identified as part of the encroachment permit shall be maintained. The outside area should be continuously supervised by the business to ensure that all clear zones are maintained. D. All sales transactions shall occur inside the building. Section 2. The Edmonds Community Development Code Section 16.45.030 Operating Restrictions [BNI, paragraph A is hereby amended by the addition of a new sub- section 5. to read as follows: 16.45.030 Operating restrictions [BN] (WS S442491.DOC;1/00006.900000/} - 2 - All uses shall be carried on entirely within a completely enclosed building except: 5. Limited Outdoor Display of merchandise meeting criteria of Chapter 17.65. Section 3. The Edmonds Community Development Code Section 16.50.030 Operating Restrictions [BC], paragraph A. is hereby amended by the addition of a new sub- section 6. to read as follows: 16.50.030 Operating restrictions [BC] A. All uses shall be carried on entirely within a completely enclosed building except: 6. Limited outdoor display of merchandise meeting the criteria of chapter 17.65. Section 4. The Edmonds Community Development Code Section 16.55.030 Operating Restrictions j2_W , paragraph A. is hereby amended to by the addition of a new sub- section 4. to read as follows: 16.55.030 Operating restrictions [CW] A. All uses shall be carried on entirely within a completely enclosed building except: 4. Limited outdoor display of merchandise meeting the criteria of chapter 17.65. (WSS442491.DOC;1/00006.900000/) - 3 - Section 5. The Edmonds Community Development Code Section 16.60.030 Operating Restrictions [CG], paragraph A., is hereby amended by the addition of a new sub- section A to read as follows: 16.60.030 Operating restrictions [CG] Enclosed building. All uses shall be carried on entirely within a completely enclosed building, except the following: 8. Limited outdoor display of merchandise meeting the criteria of chapter 17.65. Section 6. 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: M OR, G Y HAAKENSON ATTEST /AUTHENTICATED: ITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CILY ATTORNEY: BY ( & W. SCOTT SNYDER FILED WITH THE CITY CLERK: 07/21/2000 PASSED BY THE CITY COUNCIL: 07/25/2000 PUBLISHED: 07/30/2000 EFFECTIVE DATE: 08/04/2000 ORDINANCE NO. 3320 IWSS442491.DOC;1/00006.900000/) - 4 - SUMMARY OF ORDINANCE NO. 3320 of the City of Edmonds, Washington On the 25th day of July, 2000, the City Council of the City of Edmonds, passed Ordinance No. 3320. 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 EDMONDS COMMUNITY DEVELOPMENT CODE BY THE ADOPTION OF A NEW CHAPTER 17.65 LIMITED OUTDOOR DISPLAY OF MERCHANDI E, AS WELL AS AMENDING SECTION 16.45.030 OPERATION RESTRICTIONS BN ZONE; SECTION 16.50.030 OPERATING RESTRICTIONS CW ZONE AND SECTION 16.60.030 OPERATING RESTRICTIONS CG ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 26th day of July, 2000. CITY CLERK, SANDRA S. CHASE { WSS442491.DOC;1/00006.900000/ }- 5 - STATE OF WASHINGTON, l Jr ss COUNTY OF SNOHOIKISH, 3320 of the (Tli7ofUmonds, Washington On the 25th day of July, 2000, the City Council of the City of I Edmonds, passed Ordinance No. 3320. A summary of the oontent of -said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE BY THE ADOPTION OF A NEW CHAPTFP 17 AS i uI_ ERATIN y RESTRICTIONS 7M I A IM N THE SAME SHALL BE. COME EFFECTIVE. The full text of this Ordinance Nill be mailed upon request. DATED this 26th day of July, 2000. CITY CLERK, SANDRA S. CHASE 3ublished: July 30, 2000. _J B -2 -I Affidavit of Publication RECEIVED AUG 0 s 2000 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summ.ary of Ordinance .......:................................................ ............. 43320..... ............................... ...................... City of Edmonds ....................................................................................................... ................ ............... ...... ...... ............................... ............................................................ ............................... 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: Published: July 30, 2000 ....................................................................................................... ............................... .... ............ ..................................... ........... ................... ...... :..:'..,:................................ d that aid newspaper was re tt8�arly distr buted to i s subscribers 1 of said periq .. ... .... ...................... Principal Clerk Subscribed and sworn to bef roe me this ...............IS.t..... � .................. 20..QQ.. �A • PUBLIC 20�19 •'2, �,�0�: ��'BOF•WASN���O. ................. shington,