Ordinance 3871ORDINANCE NO. 3871
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY'S OUTDOOR
DINING REGULATIONS; PERMITTING BUSINESSES TO
PROVIDE OUTDOOR DINING AS A PERMITTED
SECONDARY USE IN CERTAIN ZONES WITHOUT
OBTAINING A CONDITIONAL USE PERMIT IF CERTAIN
CRITERIA ARE MET; ESTABLISHING THE HOURS BY
WHICH OUTDOOR DINING IS PERMITTED FOR THOSE
BUSINESSES DIRECTLY ADJACENT TO RESIDENTIALLY
ZONED PROPERTIES; ADDING A DEFINITION OF
"OUTDOOR DINING AREA"; AMENDING EDMONDS
COMMUNITY DEVELOPMENT CODE CHAPTERS 17.75
AND 21.75; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, at the May 25,2011 Planning Board meeting, staff brought it to the
Board's attention that several inquiries had recently been received by the Development Services
Department for the establishment and/or expansion of outdoor dining areas; and
WHEREAS, under the current outdoor dining regulations, outdoor dining is
permitted outright as a secondary use for an additional 10 percent of the interior seating or eight
seats, whichever is greater; and
WHEREAS, under the current outdoor dining regulations, a conditional use
permit, which carries with it an application fee of approximately $1,500.00, is required for
businesses that wish to provide outdoor dining in excess of the 10 percent or eight seats; and
WHEREAS, after discussion, the Planning Board agreed on a few additional
revisions to the draft regulations and then voted to forward the proposed outdoor dining language
to the City Council with a recommendation that the council approve the amendments to the
outdoor dining regulations of ECDC 17.75 and add the definition of "outdoor dining area" to
ECDC 21.75; and
WHEREAS, the revised provisions of the outdoor dining ordinance would allow
outdoor dining as a permitted secondary use within the BN, BC, BP, BD, CW, CG, MU and
FVMU zones if the outdoor dining area complied with certain criteria, and if the dining area did
not comply, only then would a conditional use permit be required; and
WHEREAS, the originally proposed revisions of the outdoor dining ordinance
proposed that outdoor dining areas directly adjacent to residentially-zoned properties would be
closed between 10:00 pm and 7:00 am; and
WHEREAS, after a public hearing on January 23, 2012, the City Council directed
that an ordinance be prepared to adopt the revised outdoor dining regulations, amending the
proposed regulations by changing the allowable hours of operation, thereby mandating outdoor
dining areas directly adjacent to residentially-zoned properties to be closed between 9:00 pm and
8:00 am; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to Outdoor Dinina Regulations. ECDC chapter 17.75,
entitled "Outdoor Dining" is hereby amended to read as set forth in Attachment A, which is
attached hereto and incorporated herein by this reference (new text is shown in underline; deleted
text is shown as strike-through).
Section 2. Adding "Outdoor Dining Area" to Definitions. A new section
21.75.120, entitled "Outdoor dining area," is hereby added to chapter 21.75 ECDC to read as
follows:
21.75.120. Outdoor dining area
An outdoor dining area is aportion of a property utilized by a licensed
food or beverage establishment for the seating of customers for their
consumption of food or beverages served by the establishment. An
outdoor dining area is not located wtihin a completely enclosed building,
but is instead located outside the building, such as on an outdoor patio or
deck. The area may be open to the elements or may be covered by a
roof or awning or partially enclosed. A portion of a dining area within an
enclosed building that is temporarily opened to the outdoors (such as by
opening windows,d oors, or walls) is not considered to be an outdoor
dining area. An outdoor dining area must be located on property outside
of the City right-of-way.
Section 3. Severability. If any section, subsection, clause, sentence or phrase of
this ordinance should be held invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 4, Effective Date. This ordinance, being an exercise of power specifically
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 DAVID O. EARLING
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
CITY ATTORNEY, JEFF TARADAY
FILED WITH THE CITY CLERK: 02-03-2011
PASSED BY THE CITY COUNCIL: 02-07-2011
PUBLISHED: 02-12-2011
EFFECTIVE DATE: 2 -17 -2011
ORDINANCE NO. 3871
SUMMARY OF ORDINANCE NO. 3871
of the City of Edmonds, Washington
On the 7th day of February, 2012, the City Council of the City of Edmonds,
passed Ordinance No. 3871. 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 CITY'S OUTDOOR
DINING REGULATIONS; PERMITTING BUSINESSES TO
PROVIDE OUTDOOR DINING AS A PERMITTED
SECONDARY USE IN CERTAIN ZONES WITHOUT
OBTAINING A CONDITIONAL USE PERMIT IF CERTAIN
CRITERIA ARE MET; ESTABLISHING THE HOURS BY
WHICH OUTDOOR DINING IS PERMITTED FOR THOSE
BUSINESSES DIRECTLY ADJACENT TO RESIDENTIALLY
ZONED PROPERTIES; ADDING A DEFINITION OF
"OUTDOOR DINING AREA"; AMENDING EDMONDS
COMMUNITY DEVELOPMENT CODE CHAPTERS 17.75
AND 21.75; AND ESTABLISHING AN EFFECTIVE DATE.
CITY CLERK, SANDRA S. CHASE
4822-3045-2750, v. 2
Chapter 17.75
OUTDOOR DINING
Sections:
17.75.010 Outdoor dining —Permitted secondary use.
17.75.020 Primary uses requiring a conditional use permit:
17.75.0340 Outdoor dining buildings or structures.
17.75.010 Outdoor dining — Permitted secondary use.
A. Limited outdoor seating for outdoor dining is allowed as a permitted secondary use in
the BN — neighborhood business zone, BC — community business zone, BP- planned business
zone, BD — downtown business zone, CW — commercial waterfront zone, CG — general
commercial zone, MU — medical use zone, and FVMU - firdale village mixed use zone. When
established as a permitted secondary use, the outdoor dining area shall currently comply or be
proposed to comply with at least one of the following criteria:
(1) The site is not directly adjacent to any residentially-zoned property(ies).
(2) The site complies with the landscaping requirements found in Chapter 20.13 along the
property line(s) directly adjacent to residentially-zoned property(ies).
(3) The dining area is screened from adjoining residential property(ies) by a building
and/or a 4-foot wall, hedge, or solid fence.
(4) Seating is limited to an additional 10 percent of the existing interior seating of
the establishment or 12 seats, whichever is greater.
B. For sites directly adjacent to residentially-zoned property, the outdoor dining area shall be
closed between the hours of 9:00 PM and 8:00 AM.
C. Areas utilized for outdoor dining shall comply with setback requirements applicable to the site.
D. Seating shall be located outside of public rights-of-way. Seating
[ATTACHMENT A]
`
17.75.0340 Outdoor dining buildings or structures.
Any building or structure such asaservice stand, fence, planter, kiosk, awning or other shelter
utilized in serving outdoor diners shall fully comply with all provisions cf the State Building Code
and this community - deve|opment oode, including but not limited to epeh#sG#uealdesign approval
review. [Ord. 3312§ 1, 2000].
''' ''
4838-5790-8238, v. 1
[ATTACHMENT A]
STATE OF O'
COUNTY
S.
The undersigned, being first duly swoon 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
Snohornish; 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
Subscribed and sworn to before me this
„ + 7 x,
�ti11:f;r1 0try
day of E brunry, 2012 d 11 A "e
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001767089