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Ordinance 3932ORDINANCE NO.3932 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO ZONING REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS IN THE BC, BD AND CG ZONES. WHEREAS, the City of Edmonds only allowed 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 council adopted Ordinance 3921 to allow public markets to operate in the BC, BD, and CG zones on an interim basis; and WHEREAS, the planning board held a public workshop on the public market regulations on May 22, 2013; and WHEREAS, the planning board held a public hearing on the public market regulations on June 12, 2013; and WHEREAS, the planning board voted to recommend certain revisions of the interim public market regulations to the city council for adoption on a permanent basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repealer. Ordinance 3921 is hereby repealed. Section 2. 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 Pttblic Market. Public market shall mean an indoor and/or outdoor retail market open to the public consisting of two or more independent vendors with each vendor operating indeendently from other vendors and subleasing booths stalls or tables for the ose of selling farm -grown or home- own produce, food flowersplants or other similar perishable goods, and/or new wares used goods or merchandise. 1 Section 3. Repealer of Definition of Seasonal Farmers' Market. Section 21.90.009 of the Edmonds Community Development Code, entitled "Seasonal farmers' market," which reads as follows: .. A.. 2`0 ffmm. _01 is hereby repealed. Section 4. Communi1y 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 striketlueiiR''): 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. Genui+unity oriented ^reniPublic markets_ eendueted as arJetAdeer-eper-atioi.n. an4-licensed pursuant to provisions in tliL-Edmonds City Code Chapter 4.90; 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-, 13. Seasena4 farmers 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. 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. Section 5. Communily 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 str l reugh) : t 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. Public markets rovided that when located next to a sin le- family residential zone the market shall be entirely within a completely enclosed building; 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 CijX of Edmonds a premises licensed as a public market shall be considered a temporary use As a temporary use the city council finds that an�signs or structures used in 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 parkiLig for the other business use below the standards established -by Cha ter 17.50 F.0 DC:_ 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 stfiketlu ,,,g ): 16.43.020 Uses. A _ Tahle 1 f _41-1 Permitted Uses I BDl LBD2 BD3 BD4 BD5 Commercial Uses Retail stores or sales A A A A A Offices A A A A Service uses A A A A LA] 4 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 oriented o Public markets rVand-upted Fis an. outdoor operation and - licensed pursuant to provisions in the -Edmonds City Code Chapter 4.90. A A A __ A A Seasonal faFmers .,..vets i4 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 Churches, subject to the requirements of ECDC 17.100.020 Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) Local public facilities, subject to the requirements of ECDC 17.100.050 A A A C A A A C A A A C A A A A A A 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: 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 0 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 triketh fo h): 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; S Seasonal fanner& Public markets provided that when located next to a single- family residential zone the market shall be entirely within a completely enclosed building; 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: 1. Unless a public market is identified ai 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 an sim or structures used in accordance with the market do not require deli n 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. 7 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 st-Fikefluoug ): 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 16.60.0 10(B); Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 6. ity e need ere._ "__Public markets seasonal f ____-__ markets provided that when located next to a single-familyresidential zone the market shall be entirely within a completely enclosed building; 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 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 activity the city council finds that an sign s or structures used in accordance with the market do not re uire deli n 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. :, Section 9. 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 10. 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. 1 t MA Olt DAVID O. EARLING ATTEST/AUTHENTICATED : 1'TY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: 07-12-2013 PASSED BY THE CITY COUNCIL: 07-16-2013 PUBLISHED: 07-21-2013 EFFECTIVE DATE: 07-26-2013 ORDINANCE NO. 3932 9 SUMMARY OF ORDINANCE NO.3932 of the City of Edmonds, Washington On the 16th day of July, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3932. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AMENDMENTS TO ZONING REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS IN THE BC, BD AND CG ZONES. The full text of this Ordinance will be mailed upon request. DATED this 17th day of July, 2013. 4852-4054-9897, v. 1 10 .-LI , "/ , - " � � - CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOMISH gtJAdMA WOFORDINMCEND 39a2 of the City of Edmonds. Washin9tan On the IMh day u! Ju1y. 2018, the Ca41/ Gau 1 01 the Ctty of Is� Edmonds, ed ocdlnmwe No, 3M. A summary 01 the :,.,. of s®1d @ldlnance.tonsi n dt Ih8 StE69. p yvddes as folwy ti: AN ORDINANCE OF THE C& RF EDMONDS. WASHINGTON. ADOPTING AMENDMENTS TO ZONING REGULATIONS THAT WOULD At -LOW PUBLIC MARKETS 1N THE BC, 9O AND CG ZONES, The lull led of this OtdlnancG YYK be m. uPon requ+ ' OkTED Ws 17Iri des oI July203, CrrY CLERK. SANDRA S. CHASE Puo7lehed: July 21.2013. 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 printers and published in the City of Everett, County of Snohomish, and Slate of Washington, that said newspaper is a newspaper of general circulation in said County and State, that said nc%vspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3932 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: July 21, 2013 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day a1�r 1 0 .iuh, 2013 Notary Public in and for the State of County. Account Name: City of Edmonds Account Number: 101416 22nd t U. , shin2todyesidi gat Everett, "Snohomish c11p:'y PURi_iC � d — — 0;�cN fl0p1$27G$S