Ordinance 37310006.90000
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3/9/09
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ORDINANCE NO. 3731
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE BY
REPEALING AND REENACTING CHAPTER 17.60
PROPERTY PERFORMANCE STANDARDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, Chapter 17.60 establishes performance standards regarding the use
of property within the City's zoning districts; and
WHEREAS, public hearings were held before the Edmonds Planning Board and
the Edmonds City Council; and
WHEREAS, based upon the recommendations of the Planning Board, input from
public hearings, materials received by the City Council and the record before it, the City Council
finds it to be in the public interest to amend the performance standards in order to better address
issues including but not limited to the storage of vehicles such as recreational vehicles in
residential zones; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code, Chapter 17.60 relating
to Property Performance Standards is hereby repealed and reenacted in order to read as follows:
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Chapter 17.60
PROPERTY PERFORMANCE STANDARDS
Sections:
17.60.000
Purpose.
17.60.010
Proof of compliance.
17.60.020
Applicability.
17.60.030
Standards.
17.60.040
Vehicles in residential zones
17.60.050
Habitation uses prohibited
17.60.000 Purpose.
The purpose of this chapter is to impose reasonable limits on
property performance standards the amount of noise, dust,
vibration and other similar emissions produced by a use which are
evident at the exterior boundaries of the site of the use.
17.60.010 Proof of compliance.
If the city has a reasonable doubt that a business or use is, or can
be, conducted within the limits of the performance standards of
this chapter, it may require that the user or proposed user retain, at
his expense, an independent, qualified, testing laboratory to make
an analysis of the use to determine its compliance with the
standards and to make the results of such analysis available to the
city. In the event the analysis discloses existing or impending non -
compliances, the city shall require the user or proposed user to
either institute remedial measures to bring the use into compliance
or to cease operation.
17.60.020 Applicability.
The standards of this chapter apply to all uses. However, they do
not apply to unusual and isolated incidents, as determined by the
development services director.
17.60.030 Standards.
A. Noise. Noise emanating from any use shall be muffled so as to
not become objectionable due to intermittent beat, frequency or
shrillness, and where a use is within or adjoins a residential
district, the noise loudness measured at the boundary line shall not
exceed 45 decibels between the hours of 11:30 p.m. and 6:00 a.m.,
and 60 decibels at other hours.
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B. Lighting. External lights shall be shielded, trained or directed in
a manner which minimizes glare onto adjacent property or passing
traffic. Arc welding, acetylene torch cutting or similar processes
shall be performed so as not to be seen from any point beyond the
outside of the property. Any lighting on a sports field or court
shall be turned off by an automatically timed mechanism no later
than 10:15 p.m. Field or court lighting fixtures shall minimize
scattering of light beyond the field or court being illuminated.
C. Fire Hazards. In terms of fire and safety hazards, the storage
and handling of flammable liquids, liquefied petroleum, gases and
explosives shall comply with rules and regulations falling under
the jurisdiction of the city fire chief, the laws of the state and other
local ordinances.
D. Electrical Interference. Provisions must be made for necessary
shielding or other preventive measures against interferences
occasioned by mechanical, electrical, electronic and nuclear
equipment, uses or processes with electrical apparatus in nearby
buildings or land uses.
E. Odors, Gases. The emission of obnoxious odors of any kind
shall not be permitted nor the emission of any toxic or corrosive
fumes or gases. Dust created by a use shall not be exhausted or
wasted directly into the atmosphere.
F. Particulate Matter. Emissions shall comply with the
requirements of the state Department of Ecology as set forth in
Chapter 173 -400 WAC
G. Waste Disposal. Liquid and solid waste, storage of animal or
vegetable waste which attract insects or rodents or otherwise create
a health hazard shall be prohibited. No waste products shall be
exposed to view from eye level from any property line.
H. Open Storage,
1. All open storage shall be located in either the side or rear yard
and screened by a solid fence or vegetative barrier at least five feet
in height.
I. Vibration. Vibration shall not exceed three thousandths of one
inch displacement applied to the frequency range of zero to 5,000
cycles per second, as measured at any point on the boundary of the
property from which the vibration is produced.
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17.60.040 Vehicles in residential zones
A. No more than five motor vehicles shall be parked on a
residential lot. Each motor vehicle must be currently licensed and
operable.
1. Exemptions.
a. If more than five licensed drivers reside at the same
address, an additional motor vehicle for each licensed driver over
five may be parked at that particular address; however, each
licensed driver must have that particular address on his or her
license.
b. This regulation does not apply to:
i. Motor vehicles parked in the front yard or
inside of a lawfully permitted and constructed building or screened
behind a solid fence or vegetative barrier at least five feet in
height;
ii. Temporary parking for a duration not to
exceed seventy -two hours;
iii. Apartment or other complex with an
approved building and parking plan;
iv. Permitted construction areas; or
V. Motorcycles or mopeds.
B. No more than two recreational vehicles of any kind may be
parked outside an approved enclosed structure anywhere on a
property. If the recreational vehicle cannot be stored as described
in 17.60.040(D), or in a yard or the rear yard due to site
constraints, the recreational vehicle shall be parked off -site during
those extended times when not in use. Only one side yard may be
used for storage of recreational vehicles. For the purposes of this
chapter, "recreational vehicle" means a vehicular -type unit
primarily designed for recreational camping or travel use that has
its own motive power or is mounted on or towed by another
vehicle. The units include travel trailers, fifth -wheel trailers,
folding camping trailers, truck campers, and motor homes.
{WSS721973.DOC;1/00006.900000/} - 4 -
C. Except for property specifically zoned for and licensed by the
City of Edmonds for vehicle use, vehicle storage, repair, or sales,
the operating of a vehicle- oriented business is prohibited.
D. An intact, appropriately licensed and operable vehicle may be
parked or stored outside a structure in the manner provided below:
1. Ina front yard;
2. In a side yard or rear yard; provided:
a. All vehicle parts and accessories, including but not
limited to containers of oils and fluids, shall be stored in an
approved structure and in compliance with all health regulations
and provisions of state and federal law.
b. Servicing, repairing, assembling, wrecking, modifying,
restoring or otherwise working on vehicles outside an enclosed
structure on a property is prohibited unless meeting the following
criteria:
i. The maintenance or repair shall not exceed thirty
days in any twelve -month period and shall be of a vehicle
registered to a resident of the property or family member.
ii. Such work shall be conducted on no more than
one vehicle at any one time.
iii. Such work shall not be done in the public right-
of -way.
iv. Storage of parts, equipment, or other supplies
needed for the repair of the vehicle on the premises must be kept
within an enclosed structure or in an area which is screened from
public view.
v. The repair is not in association with any business
use, whether licensed or not, such as buying, selling, trading,
repairing or restoring of vehicles or parts thereof, unless the
property is zoned for and licensed by the City of Edmonds for such
business;
vi. The repair is conducted in a manner which
complies with all property performance standards and noise
regulations;
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vii. The repair is conducted in a manner to not
allow any vehicle fluids to enter the ground or enter any drainage
system or body of water.
viii. Disposal of all waste products shall be done in
accordance with Chapter 19.114 RCW.
ix. Upon completion of any work allowed by this
section, the property shall be cleaned of all debris, oil, grease,
gasoline, cloths, rags, and equipment or material used in the work,
and shall be left in such a condition that no hazard to persons,
storm drain system or property shall remain. All hazardous waste
shall be appropriately handled and disposed.
E. No vehicle shall be left unattended on blocks, jacks, ramps or
otherwise elevated above the ground in an unstable manner.
F. The storage of any vehicle on any residentially zoned property
which does not have a dwelling unit is prohibited unless the
property is adjacent to a property with a dwelling unit owned by
the same person. Vehicles shall be registered to that specific
dwelling unit.
G. Vehicles shall not intrude into the improved public right -of-
way or obstruct sight visibility from adjacent driveways, private
roads, or public right -of -ways.
H. Vehicles equipped with liquefied petroleum gas containers
shall meet the standards of the Interstate Commerce Commission.
Valves or gas containers shall be closed when the vehicle is parked
or stored. In the event of leakage, immediate corrective action
shall be taken.
I. Vehicles shall not exceed the length equal to one half of the
required minimum lot width or 40 feet, whichever is less, in any
residential zone district.
17.60.050 Habitation uses prohibited
No vehicle, recreation vehicle, or trailer shall be used for
habitation within the boundaries of the City.
A. Exceptions. A recreational vehicle that is originally designed
and used as temporary living quarters, may be occupied on private
residential property for a period not to exceed 60 days in any
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calendar year when the owner or user of the vehicle is a
nonresident of the City visiting a resident.
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
MAYOR AR AAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AST ORM:
OFFICE OF H ITY E
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/20/2009
PASSED BY THE CITY COUNCIL: 03/24/2009
PUBLISHED: 04/02/2009
EFFECTIVE DATE: 04/07/2009
ORDINANCE NO. 3731
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SUMMARY OF ORDINANCE NO. 3731
of the City of Edmonds, Washington
On the 24th day of March, 2009, the City Council of the City of Edmonds, passed
Ordinance No. 3731. 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 BY
REPEALING AND REENACTING CHAPTER 17.60 PROPERTY PERFORMANCE
STANDARDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 24th day of March, 2009.
2.1, � L'�
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
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
e n
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance NO. 3731
�4c* Amending the provisions of the Edmonds Community Development
On the 24th day of March, 2009, the City Council of the City of
Edmonds, passed Ordinance No. 3731. 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 COMMU-
NITY DEVELOPMENT CODE BY REPEALING AND
REENACTING CHAPTER 17.60 PROPERTY PERFORMANCE
STANDARDS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 24th day of March, 2009.
Published: April 2, 2009. CITY CLERK, SANDRA S. CHASE
Account Name: City of Edmonds
Code
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:
April 02, 2009
and that said newspaper was re larly distributed to its subscribers during all of said period.
Subscribed and swom to before me this 2nd
day of April, 2009
Notary Public in a- l-fffr the State of W on r' $fd
County. y g
Account Number. 101416
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Snohomish
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