Ordinance 3921ORDINANCE NO.3921
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING INTERIM AMENDMENTS TO
ZONING REGULATIONS THAT WOULD ALLOW PUBLIC
MARKETS IN THE BC, BD AND CG ZONES, ESTABLISHING
SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF
THE ORDINANCE, AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Edmonds only allows seasonal farmers markets to operate during
the period between May and September, inclusive; and
WHEREAS, there has been interest expressed in having a public market operating any
time of the year; and
WHEREAS, the city has been approached by an organization that would like to operate a
farmers market in the BC or BD zone on days other than Saturdays; and
WHEREAS, the Edmonds Community Development Code does not expressly list
farmers markets or public markets as a permitted use in the BC and BD zones; and
WHEREAS, the operation of a public market would not likely result in any long term
changes in the physical appearance of the city; and
WHEREAS, the City desires to adopt zoning regulations that will allow public markets to
operate in the BC and BD zones year round; and.
WHEREAS, the Planning Board will be conducting a public hearing on these regulations,
and will be transmitting its recommendation to the City Council, but not in time for the proposed
market to open at the proposed time; and
WHEREAS, pursuant to RCW 36.70A.390, the City Council will also be conducting a
public hearing on these interim zoning regulations either contemporaneously with or within sixty
days of their adoption; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
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Section 1. Definition of Public Market. A new section 21.80.103, entitled "Public
Market," is hereby added to the Edmonds Community Development Code to read as follows:
21.80.103 Public Market.
Public market shall mean an indoor and/or outdoor retail market oven to the
public consisting of two or more independent vendors, with each vendor operating
independently from other vendors and subleasing booths, stalls or tables for the
purpose of selling farm -grown or home-grownproduce, food, flowers, plants or
other similar perishable goods, and new wares used oods or merchandise.
Section 3. Deletion of Definition of Seasonal Farmers' Market. Section 21.90.009 of the
Edmonds Community Development Code, entitled "Seasonal farmers' market," which reads as
follows:
.II..
e
..
is hereby repealed.
Section 4. Community Business Zone Use Amendments. Section 16.50.010 of the
Edmonds Community Development Code, entitled "Uses," is hereby amended to read as follows
(new text is shown in underline; deleted text is shown in strikethfough):
16.50.010 Uses.
A. Permitted Primary Uses.
1. Single-family dwellings, as regulated in RS-6 zone;
2. Retail stores, offices and service uses, excluding intense uses, such as trailer
sales, used car lots (except as part of a new car sales and service dealer), and
heavy equipment sales and services;
3. New automobile sales and service;
4. Dry cleaning and laundry plants which use only nonflammable and
nonexplosive cleaning agents;
5. Printing, publishing and binding establishments;
6. Bus stop shelters;
7. Ceinnmnity oriented epe Public markets
and -licensed pursuant to provisions in the --Edmonds City Code Chapter 4.90;
N
8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a
structure;
9. Churches, subject to the requirements of ECDC 17.100.020;
10. Primary and high schools subject to the requirements of ECDC 17.100.050(G)
through (R);
11. Local public facilities subject to the requirements of ECDC 17.100.050;
12. Neighborhood parks, natural open spaces, and community parks with an
adopted master plan subject to the requirements of ECDC 17.100.070.i
13. Seasonal famers markets.
B. Permitted Secondary Uses.
1. Limited assembly, repair or fabrication of goods incidental to a permitted or
conditional use;
2. Off-street parking and loading areas to serve a permitted or conditional use;
3. Commuter parking lots in conjunction with a facility meeting the criteria listed
under subsections (C)(11) through (14) of this section, except that the facility may
also be located along a designated transit route in addition to an arterial or
collector street.
C. Primary Uses Requiring a Conditional Use Permit.
1. Commercial parking lots;
2. Wholesale uses;
3. Hotels and motels;
4. Amusement establishments;
5. Auction businesses, excluding vehicle or livestock auctions;
6. Drive-in businesses;
7. Laboratories;
8. Fabrication of light industrial products;
9. Convenience stores;
10. Day-care centers;
11. Hospitals, convalescent homes, rest homes, sanitariums;
12. Museums, art galleries, zoos, and aquariums of primarily local concern that do
not meet the criteria for regional public facilities as defined in ECDC 21.85.033;
13. Counseling centers and residential treatment facilities for current alcoholics
and drug abusers;
14. Regional parks and community parks without a master plan subject to the
requirements of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
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1. Outdoor storage, incidental to a permitted or conditional use;
2. Aircraft landings as regulated by Chapter 4.80 ECC.
Section 5. Community Business Zone OperatingOperatiLig Restriction Amendments. Section
16.50.030 of the Edmonds Community Development Code, entitled "Operating restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
16.50.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except:
1. Public utilities and parks;
2. Off-street parking and loading areas, and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5 Seasonal famwfsPublic markets;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65
ECDC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.
C. Interim Use Status — Public Markets:
1. Unless a public market is identified on a business license as a ear -round market
within the City of Edmonds, a premises licensed as a public market shall be considered a
temporary use. As a temporary use, the city council finds that any signs or structures used M
accordance with the public market do not require design review. When a location is utilized for a
business use in addition to a public market the.public market use shall not decrease the required
available parking for the other business use below the standards established by Cha ter 17.50
ECDC.
Section 6. Downtown Business Zone Use Amendments. Section 16.43.020 of the
Edmonds Community Development Code, entitled "Uses," is hereby amended to read as follows
(new text is shown in underline; deleted text is shown in strlkethfough):
4
16.43.020 Uses.
A. Table 16.43-1.
Permitted Uses
BD1
BD2
BD3
BD4
BD5
Commercial Uses
Retail stores or sales
A
A
A
A
A
Offices
A
A
A
A
A
Service uses
A
A
A
A
A
Retail sales requiring intensive outdoor display or storage areas, such as trailer sales,
used car lots (except as part of a new car sales and service dealer), and heavy
equipment storage, sales or services
X
X
X
X
X
Enclosed fabrication or assembly areas associated with and on the same property as
an art studio, art gallery, restaurant or food service establishment that also provides
an on -site retail outlet open to the public
A
A
A
A
A
Automobile sales and service
X
A
A
X
X
Dry cleaning and laundry plants which use only nonflammable and nonexplosive
cleaning agents
C
A
A
A
X
Printing, publishing and binding establishments
C
A
A
A
C
Community eFiented open Public markets reendurated as an eutdoOF operation and
licensed pursuant to provisions in the -Edmonds City Code Chapter 4.90.
A
A
A
A
A
Seasonal %HHOFS markets
A
A
A
A
A
Residential Uses
Single-family dwelling
A
A
A
A
A
Multiple dwelling unit(s)
A
A
A
A
A
Other Uses
Bus stop shelters
A
A
A
A
A
Churches, subject to the requirements of ECDC 17.100.020
A
A
A
A
A
Primary and high schools, subject to the requirements of ECDC 17.100.050(G)
through(R)
A
A
A
A
A
Local public facilities, subject to the requirements of ECDC 17.100.050
C
C
C
A
C
Neighborhood parks, natural open spaces, and community parks with an adopted
master plan subject to the requirements of ECDC 17.100.070
A
A
A
A
A
Off-street parking and loading areas to serve a permitted use
B
B
B
B
B
Commuter parking lots in conjunction with a facility otherwise permitted in this zone
B
B
B
B
X
Commercial parking lots
C
C
C
C
X
Wholesale uses
X
X
C
X
X
Hotels and motels
A
A
A
A
A
Amusement establishments
C
C
C
C
C
Auction businesses, excluding vehicle or livestock auctions
C
C
C
C
C
Drive-in businesses
C
C
A
C
X
Laboratories
X
C
C
C
X
Fabrication of light industrial products not otherwise listed as a permitted use
X
X
C
X
X
Day-care centers
C
C
C
A
C
Hospitals, health clinics, convalescent homes, rest homes, sanitariums
X
C
C
A
X
Museums and art galleries of primarily local concern that do not meet the criteria for
regional public facilities as defined in ECDC 21.85.033
A
A
A
A
A
Zoos and aquariums of primarily local concern that do not meet the criteria for
regional public facilities as defined in ECDC 21.85.033
C
C
C
C
A
Counseling centers and residential treatment facilities for current alcoholics and drug
abusers
X
C
C
A
X
Regional parks and community parks without a master plan subject to the
requirements of ECDC 17.100.070
C
C
C
C
C
Outdoor storage, incidental to a permitted use
D
D
D
D
D
Aircraft landings as regulated by Chapter 4.80 ECC
D
D
D
D
D
A = Permitted primary use
B = Permitted secondary use
C = Primary uses requiring a conditional use permit
D = Secondary uses requiring a conditional use permit
X = Not permitted
For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the
criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are
met:
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1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular
access shall only be provided consistent with ECDC 18.80.060. When a curb cut is
necessary, it shall be landscaped to be compatible with the pedestrian streetscape and
shall be located and designed to be as unobtrusive as possible.
2. Design and Landscaping. The project shall be designed so that it is oriented to the
street and contributes to the pedestrian streetscape environment. Fences more than four
feet in height along street lot lines shall only be permitted if they are at least 50 percent
open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable
due to the nature of the use shall be decorated by a combination of at least two of the
following:
a. Architectural features or details;
b. Artwork;
c. Landscaping.
Section 7. Downtown Business Zone Operating Restriction Amendments. Section
16.43.040 of the Edmonds Community Development Code, entitled "Operating restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
strikedffeugh):
16.43.040 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except:
1. Public uses such as utilities and parks;
2. Off-street parking and loading areas, and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Seri....l f nne Public markets;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65
EC
7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040;
8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.
C. Interim Use Status - Public Markets:
7
1. Unless a public market is identified on a business license as a year-round
market within the City of Edmonds, a premises licensed as a public market shall
be considered a temporary use. As a temporary use, the city council finds that any
signs or structures used in accordance with the market do not require design
review. When a location is utilized for a business use in addition to a public
market, the public market use shall not decrease the required available parkin far
the other business use below the standards established by Chapter 17.50 ECDC,
Section 8. General Commercial Zone Use Amendments. Section 16.60.040.A of the
Edmonds Community Development Code, entitled "Operating restrictions," is hereby amended
to read as follows (new text is shown in underline; deleted text is shown in s4ikethfeug''):
16.60.040 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except the following:
1. Public utilities;
2. Off-street parking and loading areas;
3. Drive-in business;
4. Secondary uses permitted under ECDC 16.60.010(B);
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65
ECDC;
6. Ge it orien4ed Public markets w seasonalf "'''markets;
7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC;
8. Motorized and nonmotorized mobile vending units meeting the criteria of
Chapter 4.12 ECC. [Ord. 3902 § 5, 2012; Ord. 3635 § 1, 2007].
B. Interim Use Status - Public Markets:
1. Unless a public market is identified on a business license as an year-round
market within the City of Edmonds, a premises licensed as a public market shall
be considered a temporary use. As a temporary activity, the city council finds that
any signs or structures used in accordance with the market do not require design
review. When a location is utilized for a business use in addition to a public
market, the public market use shall not decrease the required available parking -for
the other business use below the standards established by Chapter 17.50 ECDC.
n
Section 9. Purpose. The purpose of the adoption of this interim zoning ordinance is to
establish the development regulations that will allow public markets to operate in the BC, BD
and CG zones while the Planning Board holds a public hearing, gains public input on this issue,
provides a recommendation to Council, and the Council considers the final version of the
ordinance on this subject.
Section 10. Duration of Interim Zoning Ordinance. The City Council shall hold a public
hearing on the Interim Zoning Ordinance within 60 days of adoption and shall adopt findings of
fact justifying this Interim Zoning Ordinance no later than immediately after that hearing. This
Ordinance shall only be effective for six (6) months from the effective date.
Section 11. Duration of Public Market. No public market established pursuant to this
interim ordinance shall have a duration longer than six (6) months.
Section 12. 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 13. Effective Date. This ordinance being an exercise of a 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.
ATTEST/AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPR VED:
MAYOR DAVID O. EARLING
G7
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3921
05-17-2013
05-21-2013
05-26-2013
05-31-2013
10
SUMMARY OF ORDINANCE NO.3921
of the City of Edmonds, Washington
On the 21 St day of May, 2013, the City Council of the City of Edmonds passed
Ordinance No. 3921. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING
INTERIM AMENDMENTS TO ZONING REGULATIONS THAT WOULD ALLOW
PUBLIC MARKETS IN THE BC, BD AND CG ZONES, ESTABLISHING SIX
MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF THE ORDINANCE, AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 22"a day of May, 2013.
4852-4054-9897,v. 1
11
CITY CLERK, SANDRA S. CHASE
Affidavit of Publication
STATE OF WASHINGTON, }
COUNTY OF SNOHOMISH
,4�G�MMARY F ORDINANCE NO, 3o21
q the CI ty of Ednkgf�ds, hiwAShleigtGn
On the 21st day of May, 2013, the Oil
y Cpuncll of kha Clayy at
Edmonds ppassed Ordnance No. 3921. A summary of the uonlonI
of Bald o; inarleo, conslstln{� of the Ilffe, provides as inflows;
AN ORDINANCE OF THE CITY OF EDMON'DS, WASHINGTON,
ADOPTING INTERIM AMENDMENTS TO ZONING
REGULATIONS THAT WOULD AttOW PUBLIC MARKETS IN
THE Bc, BD AND CG TONES, ESTAGLISHING SIX MONTHS AS
THE TENTATIVC EFFECTIVE PERIOD OF THE ORDINANCE,
AND ESTABUShtlNG AN EFFECTIVE DATE.
The full text of this Ordinance will be n1afled upon request.
DATED this 22ruf day of Mu .20Q.
Published: May 28, 2013.
CITY CLERK, SANDRA S. CHASE
Account Name: City of Edmonds
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. 3921
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:
May 26, 2013
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of May, 2013
s l
Notary Public in and for the State of th
County,
Account Number: 101416
27th
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Order Number: 0001821848