Ordinance 37420006.90000
WSS /gjz
3/4/09
ORDINANCE NO. 3742
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER
17.70 TEMPORARY USES, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, temporary structures in excess of 120 feet of floor space are limited
and regulated by the International Building Code but not addressed by the temporary use
provisions of Chapter 17.70; and
WHEREAS, the City Council deems it to be in the public interest to address the
issue of cargo and other temporary storage containers, and
WHEREAS, the existing temporary conditional use permit process may result in
costs in excess of the storage container or security unit to be utilized; and
WHEREAS, these issues were considered at public hearings before the Edmonds
Planning Board resulting in a recommendation for adoption of certain provisions as contained
here in this ordinance; and
WHEREAS, the City Council Community Services and Development Services
Committee have reviewed the recommendations; and
2009; and
WHEREAS, the City Council held a public hearing on this matter on March 3,
WHEREAS, the City Council deems it to be in the public interest to amend
Chapter 17.70 regarding temporary uses in order to extend the time in which temporary uses may
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be maintained, create an administrative, less expensive process to consider such uses, clarify the
definitions and application of temporary use provisions to storage units, tents, canopies and other
temporary structures, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
C'aotinn 1
Chapter 17.70
TEMPORARY USES
Sections:
17.70.000
Security units.
17.70.005
Project sales offices /sales models.
17.70.010
Other temporary buildings.
17.70.020
Temporary parking lots.
17.70.030
Temporary municipal office uses.
17.70.035
Temporary storage units.
17.70.040
Bistro and outdoor dining.
17.70.000 Security units.
A. Definition. A security unit is a building, mobile home, trailer,
or vehicle used temporarily in connection with providing security
during construction of a structure or building for which a valid
building permit has been issued.
B. Conditions. A security unit is permitted in all zones under the
following conditions:
1. All sanitation facilities and safety measures shall be approved in
advance by the building official, health official and other
appropriate city officials.
2. Unless earlier directed by the building official pursuant to
subsection (13)(3) of this section, security units in the following
zones shall be removed after the following time periods:
a. In an RS zone, one year;
b. All other zones, one year, with a one -year extension if the
community development director finds that the project is large
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enough to require the longer period, disregarding any self - imposed
delay.
3. The building official may order the removal of a security unit if
any of the following situations occur:
a. The building permit expires or is cancelled.
b. The building official issues an occupancy permit.
c. The building official determines that the security structure is no
longer needed to provide protection against theft or vandalism.
17.70.005 Project sales offices /sales models.
A. Definition. A project sales office or sales model is space within
an otherwise permitted building used temporarily to support the
sale of multifamily or condominium units.
B. Conditions. A project sales office or sales model is only
permitted to occur on the property containing the project or unit(s)
being offered for sale. The sales office or sales model shall be
discontinued and removed prior to occupancy of the last unit
available for sale on the property.
C. The granting of a permit for a sales office or sales model shall
be reviewed and processed in accordance with the requirements of
ECDC 20.95.040, Staff decision — No notice required.
17.70.010 Other temporary buildings.
Except as provided below in ECDC 17.70.030, a conditional use
permit shall be required to construct a temporary building in any
zone. The permit shall be administratively reviewed by staff and
shall be valid for a period of one year; provided however, that said
permit may be extended by the development services director for a
single one -year extension upon submittal of a written application
prior to the expiration of the original permit. All the requirements
of the zoning district shall be met. An appeal of the staff decision
granting or denying such a permit or extension shall be reviewed
by the hearing examiner in accordance with the requirements for
any other conditional use permit under ECDC 20.100.010, with the
decision being appealable to the city council under the procedures
applicable to any other conditional use permit.
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17.70.020 Temporary parking lots.
See ECDC 17.50.090, which by this reference is incorporated
herein as if set forth in full.
17.70.030 Temporary municipal office uses.
The city council may, at its sole discretion, approve the installation
of a temporary building or mobile office structure to house
municipal office and related storage in conjunction with or in
anticipation of the construction or remodeling of a municipal
facility. Such structure shall be exempt from any other
requirements of the zoning code and the decision of the city
council shall be final. The city staff is hereby directed to provide
for reasonable landscaping and screening of such structure and
sufficient drawings and site plans to adequately inform the council
of the nature and proposed use of the structure, its design and the
anticipated length of time which the structure will be in use. In no
event shall the use of such a temporary structure exceed three years
without the specific authorization of the city council.
17.70.035 Temporary storage units
Defined:
A "Canopy" means a structure, enclosure or shelter constructed of
fabric or pliable materials supported by any manner, except by air
or the contents it protects, and is open without sidewalls or drops
on 75 percent or more of the perimeter.
B. "Cargo or shipping Container" means a standardized, container
designed without an axle or wheels, which was originally,
specifically, or formerly designed for or used in the packing,
shipping, movement or transportation of freight, articles, goods or
commodities.
C. "Tent" means a structure, enclosure or shelter constructed of
fabric or other pliable material supported by any manner except by
air or the contents that it protects.
Cargo or shipping containers. No person shall place or cause to be
placed any cargo or shipping container, regardless of structural
modifications, on any area or any property in a residentially zoned
district that is not subject to the design review process. Property or
projects subject to the design review process may apply for this use
per ECDC 20.10.010. Administrative waivers shall not apply.
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The temporary placement of a portable storage container on a
residentially zoned lot for the purpose of loading and unloading
household contents shall be permitted for a period of time not
exceeding thirty (30) days in a calendar year.
Tents, tarps and canopy structures which use plastic sheeting,
canvas, or other similar pliable materials to cover storage areas,
and/or to be used as carports are regulated in residential zones:
A. Tents or canopies with a floor area measured to the exterior
wall or post exceeding 200 square feet are prohibited, except for
those used for limited time period for a special event such as a
party or wedding not to exceed twenty -four (24) hours.
B. Tents and canopies shall comply with setback and height
requirements for accessory structures for the zone. Lot coverage
requirements also apply.
If a tent or canopy is located within 6 feet of another tent(s) or
canopy(s) or attached in any way, they shall be considered as one
(1) tent or canopy and shall be subject to the provisions of J.3.a
and J.3.b for combined floor area and location.
D. Temporary storage units do not require a conditional use
permit.
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 code adopted by Chapter 19.00
ECDC 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. 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
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five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
— 4z4--4--
MAY GAJY HAAKENSON
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO RM:
OFFICE OF E TY A EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 06/12/2009
PASSED BY THE CITY COUNCIL: 06/16/2009
PUBLISHED: 06/25/2009
EFFECTIVE DATE: 06/30/2009
ORDINANCE NO. 3742
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SUMMARY OF ORDINANCE NO. 3742
of the City of Edmonds, Washington
On the 16th day of June, 2009, the City Council of the City of Edmonds, passed
Ordinance No. 3742. 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 CHAPTER
17.70 TEMPORARY USES, 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 June, 2009.
ITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
�tl�. I390
SUMMARY OF ORDINANCE NO 3742
of the Citv of Edmon s ashin ton
On the 16th day of June, 2009, the City 0 1 of the City of
Edmonds, passed Ordinance No. 3742. 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 EDMOSHI COM,
MUNITY DEVELOPMENT CODE CHAPTER 17.70 TEMPORARY
USES, AND FIXING A TIME WHEN THE SAME SHALL BE ME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of June, 2009.
Published: June 25, 2009. CITY CLERK, SANDRA S. CHASE
JUL 0 12009
n'
Account Name: City of Edmonds
Affidavit of Publication
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
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance NO. 3742
Amending Provisions of the Edmonds Community Development 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:
June 25, 2009
and that said newspaper was regularly distributed to its subscribers during ail of said period.
Subscribed and sworn to before me this 25th
day of June, 2009
Notary Public in
County.
Account Number:
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Number: 0001655058