Ordinance 4154ORDINANCE NO.4154
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING VARIOUS PROCEDURES
CONTAINED IN THE EDMONDS COMMUNITY
DEVELOPMENT CODE.
WHEREAS, as part of the overall update of the City of Edmonds Community Development
Code (ECDC), staff is reviewing the City's land use processes; and
WHEREAS, this review has included discussions of the Council's role in quasi-judicial
decisions as well as other code cleanup matters related to land use decisions and processes; and
WHEREAS, the City Council adopted Resolution No. 1367 in 2016 expressing the intent
to adopt revisions to the Edmonds Community Development Code (ECDC) that would transfer
the quasi-judicial decision -making role from the City Council and other volunteer citizen boards
to the hearing examiner, to the extent allowed by state law; and
WHEREAS, the adopted resolution requests that city staff and the Planning Board prepare
and forward to the City Council revisions to the ECDC that are consistent with that resolution; and
WHEREAS, the Planning Board heard an introduction on this matter at its May 23, 2018
meeting and held a public hearing on July 25, 2018, after which the Board adopted a
recommendation that was forwarded to the City Council; and
WHEREAS, the City Council heard an introduction on this subject at the September 4,
2018 Council meeting and moved to hold a public hearing to receive public feed on the proposed
amendments; and
WHEREAS, the Council's public hearing was held on October 2, 2018; and
WHEREAS, on November 20, 2018, the City Council's meeting included consideration of
potential amendments detailing a process that contemplated the City Council filing a judicial
appeal of a decision made by the City's hearing examiner as a party, rather than sitting as the
appellate body; and
WHEREAS, the Council continued discussion on the potential amendments related to the
Council's quasi-judicial appeal role at the March 5, 2019 Council meeting; and
1
WHEREAS, at the April 23, 2019 City Council meeting, the City Council indicated a desire
to remain sitting in a quasi-judicial capacity for certain permit applications and appeals, but not
for larger design review projects or formal plats and planned residential developments;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 20.01 of the Edmonds Community Development Code, entitled "Types
of Development Project Permits," is hereby amended to read as shown on Attachment A hereto,
which is incorporated herein by this reference as if set forth in full (new text is shown in underline;
deleted text is shown in strike through).
Section 2. Chapter 20.06 of the Edmonds Community Development Code, entitled "Open
Record Public Hearings," is hereby retitled as "Public Hearings and Appeals," and amended to
read as shown on Attachment B hereto, which is incorporated herein by this reference as if set
forth in full (new text is shown in underline; text moved from one location to another is shown in
double underline where it was moved to, and shown in where it was moved
from; deleted text is shown in strike through).
Section 3. Chapter 20.07 of the Edmonds Community Development Code, entitled "Closed
Record Appeals," is hereby repealed.
Section 4. Chapter 20.75 of the Edmonds Community Development Code, entitled
"Subdivisions," is hereby amended to read as shown on Attachment C hereto, which is
incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in stfike thfo g ).
Section 5. Section 17.00.030 of the Edmonds Community Development Code, entitled
"Application of regulations," is hereby amended to read as shown on Attachment D hereto, which
is incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in stfike thfo g ).
Section 6. Subsection F, entitled "Restoration," of Section 17.40.020, entitled
"Nonconforming building and/or structure," of the Edmonds Community Development Code, is
hereby amended to read as shown on Attachment D hereto, which is incorporated herein by this
2
reference as if set forth in full (new text is shown in underline; deleted text is shown in stfike
Section 7. Section 17.40.025 of the Edmonds Community Development Code, entitled
"Vested nonconforming or illegal accessory dwelling units," is hereby amended to read as shown
on Attachment D hereto, which is incorporated herein by this reference as if set forth in full (new
text is shown in underline; deleted text is shown in stfike thfoug ).
Section 8. Section 17.100.030 of the Edmonds Community Development Code, entitled
"Conditional use permits (CUP) — Community churches and schools requiring a CUP," is hereby
amended to read as shown on Attachment D hereto, which is incorporated herein by this reference
as if set forth in full (new text is shown in underline; deleted text is shown in strike thfo g ).
Section 9. Subsection I of Section 19.00.025, entitled "International Building Code section
amendments," of the Edmonds Community Development Code, is hereby amended to read as
shown on Attachment D hereto, which is incorporated herein by this reference as if set forth in
full (new text is shown in underline; deleted text is shown in stfike thfo •g ).
Section 10. a new Section 20.02.007 of the Edmonds Community Development Code,
entitled "Notice of final decision," is hereby added to read as shown on Attachment D hereto,
which is incorporated herein by this reference as if set forth in full (new text is shown in underline;
deleted text is shown in strike thr-o g ).
Section 11. Section 20.06.009 of the Edmonds Community Development Code, entitled
"Notice of final decision," is hereby repealed.
Section 12. Section 20.05.020 of the Edmonds Community Development Code, entitled
"General requirements," is hereby amended to read as shown on Attachment D hereto, which is
incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in s4ike thfetigh).
Section 13. Section 20.08.040 of the Edmonds Community Development Code, entitled
"Approval procedure for development agreements," is hereby amended to read as shown on
Attachment D hereto, which is incorporated herein by this reference as if set forth in full (new
text is shown in underline; deleted text is shown in s, ike through).
3
Section 14. Section 20.11.010 of the Edmonds Community Development Code, entitled
"Review procedure — General design review," is hereby amended to read as shown on Attachment
D hereto, which is incorporated herein by this reference as if set forth in full (new text is shown in
underline; deleted text is shown in s4ile thfettgh).
Section 15. Section 20.12.010 of the Edmonds Community Development Code, entitled
"Applicability," is hereby amended to read as shown on Attachment D hereto, which is
incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in stiles).
Section 16. Section 20.11.040 of the Edmonds Community Development Code, entitled
"Appeals," is hereby amended to read as shown on Attachment D hereto, which is incorporated
herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown
in strike through).
Section 17. Section 20.12.080 of the Edmonds Community Development Code, entitled
"Appeals," is hereby amended to read as shown on Attachment D hereto, which is incorporated
herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown
in strike through).
Section 18. Section 20.16.110 of the Edmonds Community Development Code, entitled
"Reconsideration and appeal," is hereby amended to read as shown on Attachment D hereto,
which is incorporated herein by this reference as if set forth in full (new text is shown in underline;
deleted text is shown in st-File through).
Section 19. Section 20.16.130 of the Edmonds Community Development Code, entitled
"Building permit application," is hereby amended to read as shown on Attachment D hereto,
which is incorporated herein by this reference as if set forth in full (new text is shown in underline;
deleted text is shown in strike thr-ough).
Section 20. Section 20.35.080 of the Edmonds Community Development Code, entitled
"Review process," is hereby amended to read as shown on Attachment D hereto, which is
incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in stile).
2
Section 21. Section 20.45.050 of the Edmonds Community Development Code, entitled
"Review of changes to Edmonds register of historic places properties," is hereby amended to read
as shown on Attachment D hereto, which is incorporated herein by this reference as if set forth in
full (new text is shown in underline; deleted text is shown in strike f',.-..",.1°).
Section 22. Section 20.60.015 of the Edmonds Community Development Code, entitled
"Design review procedures," is hereby amended to read as shown on Attachment D hereto, which
is incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in strike -d e,gh)
Section 23. Section 20.85.020 of the Edmonds Community Development Code, entitled
"General requirements," is hereby amended to read as shown on Attachment D hereto, which is
incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in strike ffir e.,gh)
Section 24. Section 20.100.040, entitled "Review of approved permits," is hereby repealed.
Section 25. A new Section 20.110.045 of the Edmonds Community Development Code,
entitled "Suspension or revocation of permit," is hereby added to read as shown on Attachment
D hereto, which is incorporated herein by this reference as if set forth in full (new text is shown in
underline; deleted text is shown in stFilke ,►,,.,,,,gh)
Section 26. 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 27. 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.
APPROVED:
MAYOR DAVE EARLING
ATTEST/AUTHENTICATED:
5� 5-7
CItYS.tERK, SCOTT SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
No
JF,FF TARADAY
FILED WITH THE CITY CLERK:
June 28, 2019
PASSED BY THE CITY COUNCIL:
July 2, 2019
PUBLISHED:
July 5, 2019
EFFECTIVE DATE:
July 10, 2019
ORDINANCE NO.
4154
Ce
SUMMARY OF ORDINANCE NO.4154
of the City of Edmonds, Washington
On the 2"d day of July, 2019, the City Council of the City of Edmonds, passed Ordinance
No. 4154. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING VARIOUS PROCEDURES
CONTAINED IN THE EDMONDS COMMUNITY
DEVELOPMENT CODE.
The full text of this Ordinance will be mailed upon request.
DATED this 3`d day of July, 2019. Zf
Y I.ER , SC TT �' SEY
7
Attachment A
Edmonds Page 1/6
Sections:
20.01.000
Purpose and general provisions.
20.01.001
Types of actions.
20.01.002
Determination of proper procedure type.
20.01.003
Permit type and decision framework.
20.01.006
Legislative enactments not restricted.
20.01.007
Exempt projects.
20.01.000 Purpose and general provisions.
A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing
for development project permit application decisions made by the city of Edmonds. These procedures are intended
to:
1. Promote timely and informed public participation;
2. Eliminate redundancy in the application, permit review, and appeals processes;
3. Process permits equitably and expediently;
4. Balance the needs of permit applicants with neighbors;
5. Ensure that decisions are made consistently and predictably; and
6. Result in development that furthers city goals as set forth in the comprehensive plan.
These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the
environmental review process with land use procedures, decisions, and consolidated appeal processes.
B. The provisions of this title supersede all other procedural requirements that may exist in other sections of the city
code. When interpreting and applying the standards of this title, its provisions shall be the minimum requirements.
Where conflicts occur within provisions of this title and/or between this title and other city code provisions and
regulations, the more restrictive provisions shall apply. Where conflict between the text of this title and the zoning
map ensue, the text of this title shall prevail.
C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls
on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when City Hall
or the city's development services department is closed to the public by formal executive or legislative action the
deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. [Ord. 3817 § 1, 2010].
20.01.001 Types of actions.
There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of
actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the
level of impact associated with the decision, the amount and type of public input sought, and the type of appeal
opportunity.
A. Administrative Decisions. Type I and II decisions are administrative decisions made by the development services
director or his/her designee (hereinafter the "director"). Type I permits are ministerial decisions are based on
compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits
are administrative decisions where the director makes a decision based on standards and clearly identified criteria,
but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set
forth in ECDC 20.97.00406.030..
B. Quasi -Judicial Decisions. Type III, Type IV and appeal of Type II and Type rrr (B only) decisions are quasi-
judicial decisions that involve the use of discretionary judgment in the review of each specific application. Quasi-
judicial decisions are made by the hearing examiner, the architectural design board, and/or the city council.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment A
Edmonds
Page 2/6
C. Legislative Decisions. Type V actions are legislative decisions made by the city council under its authority to
establish policies and regulations regarding future private and public developments, and management of public
lands.
1. Planning Board. The planning board shall hold a public hearing and make recommendations to the city
council on Type V actions, except that the city council may hold a public hearing itself on area -wide rezones to
implement city policies, or amendments to zoning code text, development regulations or the zoning map. The
public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035
and all other applicable law.
2. City Council. The city council may consider the planning board's recommendation in a public hearing held
in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable
law. If the city council desires to hold a public hearing on area -wide rezones to implement city policies, or
amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding
the proposed decision to the planning board for a hearing.
3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in
Chapter 20.03 ECDC.
4. Implementation. City council Type V decision shall be by ordinance or resolution and shall become effective
on the effective date of the ordinance or resolution. [Ord. 3817 § 1, 2010].
20.01.002 Determination of proper procedure type.
A. Determination by Director. The director shall determine the proper procedure for all project applications.
Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure.
B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed
collectively under the highest numbered procedure required for any part of the application or may be processed
individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine
whether the application will be processed collectively or individually. If the applications are processed individually,
the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from
the highest numbered to the lowest. When Type III -A and Type III-B permits are consolidated under this
subsection, the project shall proceed under the Type 111-A permit process.
C. Decisionmaker(s). Applications processed in accordance with subsection (B) of this section which have the same
procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest
decisionmaker; the city council being the highest body, followed by the hearing examiner, architectural design board
or planning board, as applicable, and then the director. Joint public hearings with other agencies shall be processed
according to ECDC 20.06.041010. Concurrent public hearings held with the architectural design board and any
other decisionmaker shall proceed with both decisionmakers present. [Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A),
2009].
20.01.003 Permit type and decision framework,
A. Permit Types.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment A
Edmonds
Page 3/6
TYPE I
TYPE II -A
TYPE II-B
TYPE III -A
TYPE III-B
Tin
TYPE IV-B
TYPE V
Zoning compliance
Accessory dwelling unit
Contingent critical area
Outdoor dining
Essential public
Fi....'�ats
Site specific rezone
Development
letter
review
facilities
agreements
Lot line adjustment
Formal interpretation of
Shoreline substantial
Technological
Design review ( were
Final planned
Development
Zoning text
the text of the ECDC by
development permit,
impracticality waiver
piAlie heafing by
Fesidential a,.. ,.laps. en4
agreements
amendment; area -wide
the director
where public hearing
for amateur radio
..rehite,.,. ral aesi
zoning map
not required per ECDC
antennas
bred)
amendments
24.80.100
Critical area
SEPA determinations
Critical area variance
Comprehensive plan
determinations
amendments
Shoreline exemptions
Preliminary short plat
Contingent critical area
Conditional use permits
Annexations
review if public hearing
(where public hearing
requested
by hearing examiner is
required)
Minor amendments to
Land clearing/grading
Shoreline substantial
Variances
Development
planned residential
development permit,
regulations
development
where public hearing is
required per ECDC
24.80.100
Minor preliminary plat
Revisions to shoreline
Shoreline conditional
Home oeeupation
amendment
management permits
use
hearing by hearing -
°a)
Staff design review,
Administrative
Shoreline variance
Prelim nary formal Plat
including signs
variances
Final short plat
Land use permit
Design review (where
Preliminavy planned -
public hearing by
extension requests
residential developmen'
architectural design
board is required)
Sales office/model
Guest house
Preliminary formal plat
(ECDC 17.70.005)
Final formal plats
Innocent purchaser
Preliminaa planned
residential development
determination
Final planned
residential development
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment A
Edmonds
Page 4/6
B. Decision Table.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment A
Edmonds
Page 5/6
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I — IV)
LEGISLATIVE
TYPE I
TYPE II -A
TYPE 11-B
TYPE 111-A
TYPE III-B
TVPE A'
TYPE IV-B
TYPE V
Recommendation by:
N/A
N/A
N/A
N/A
N/A
N/A
Planning board
Planning board
Final decision by:
Director
Director
Director
Hearing
Hearing
Gity e0uneil
City council
City council
examiner/ADB
examinerhkD-B
Notice of application:
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Open record public
No
Only if appealed,
(1) If director
Yes, before hearing
Yes, before hearing
No
Yes, before planning
Yes, before planning
hearing or open record
open record hearing
decision is appealed,
examiner or board to
examiner or board to
board which makes
board which makes
appeal of a final
before hearing
open record hearing
render final decision
render final decision
recommendation to
recommendation to
decision:
examiner
before hearing
council
council or council
examiner
could hold its own
(2) If converted to
hearing
Type III -A process
Closed record review:
No
No
No
No
Yes, before the
Ne
Yes, before the
council
council
Judicial appeal:
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment A
Edmonds Page 6/6
C. Any reference to "Type II" in the Edmonds Community Development Code without expressly being modified as
"Type II-B" shall be construed to mean Type II -A for the purposes of this section unless the context clearly suggests
otherwise. [Ord. 4072 § 7 (Att. G), 2017; Ord. 4026 § 4, 2016; Ord. 3982 § 4, 2014; Ord. 3817 § 1, 2010; Ord. 3806
§ 2, 2010; Ord. 3787 § 2, 2010; Ord. 3783 § 2, 2010; Ord. 3775 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.006 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make
changes to the city's comprehensive plan, or the city's development regulations as part of the annual revision
process. [Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.007 Exempt projects.
A. The following projects are specifically excluded from the procedures set forth in this chapter: historic register
designations, building permits, street vacations, street use permits, encroachment permits, and other public works
permits issued under ECDC Title 18.
B. Pursuant to RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or
similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21 C
RCW and the city's SEPA/environmental policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which
environmental review has been completed in connection with other project permits, are excluded from the
requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures:
1. Notice of application (ECDC 20.03.002) unless an open record hearing is allowed on the permit decision;
2. Except as provided in RCW 36.70B.140, optional consolidated permit review processing (ECDC
20.01.002(B));
3. Joint public hearings (ECDC 20.06.894010);
4. Single report stating all of the decisions and recommendations made as of the date of the report that do not
require an open public record hearing (ECDC 20.06.002050(C)); and
5. Notice of decision (ECDC 20.06..00920.02.007). [Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009].
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds
Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
Chapter 20.06
OPEN RECO PUBLIC HEARINGS AND APPEALS
Sections:
20.06 000 Genefal.
20.06.000
General
20.06.010
Joint public hearings
20.06.020
Standing to initiate an administrative appeal
20.06.030
Appeals of permit decisions or recommendations
20.06.040
Prehearing conference
20.06.050
Responsibility of director - Open record public hearing
20.06.060
Conflict of interest
20.06.070
Ex parte communications
20.06.080
Disqualification
20.06.090
Burden and nature of proof
20.06.100
Order of proceedings - Predecision open record public hearing
20.06.110
Procedure for an open record appeal hearing
20.06.120
Procedure for closed record decision/appeal
20.06.130
Decisions
20.06.140
Reconsideration of decision
20.06.150
Judicial appeals
20.06.000 General.
Page 1115
A. An open record public hearing is a hearing conducted by an authorized body or officer that creates the ems -
record upon which the outcome of a decision or appeal is based through testimony and the submission of documents
and other evidence . A public hearing may be held prior to the city's decision on a a^vr
project permit application; this is an "open record predecision hearing." A public hearing may be held on an appeal
if no open record predecision hearing was held for the -a peniiAdecision on a project permit application; this is an
"open record appeal hearing."
B. Open record predecision hearings on all Type III and IV permit applications and open record appeal hearings on
all appeals of Type II decision appeals shall be conducted in accordance with this chapter. Public hearings
conducted by the city hearing examiner shall also be subject to the hearing examiner's rules.
CA. "Closed record anneal" means an administrative anneal to the city council. Such appeals are decided based on
the previously created record.
While such appeal proceedings :s o the r-eeer- with n^do not allow new testimony,
documents or other evidence ^r :nF .M-atio a4ew^a to be submitted, except as provided in ECDC
20.06-7.005120 B .- and enly appeal ar ents are allowed based Mon the record.
shall be as
allowed and described in the matrix set forth in ECDC 20.01.003.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds Page 2/15
Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
E. In this chapter, unless the context clearly indicates otherwise, the words "writing" and "written" shall include
electronic writings and things written electronically.C. Unless other -wise provided,appeals of Type rr decisions-.
beinitiated as foFth inrECDC 20.07 nn
200:7 nrr» ro-Ms .l:d"tad .1�
("PS"). and I fi3effnits J " 1under- > CDC 20.01.007. "wall 1.e " side-ed teeethe-; a eeasalidme-
&Bi3ealusiae
�nnni•
3817
.
20.06.00-1-010 Joint public hearings.
A. Decision to Hold Joint Hearing. The deyelopmar* se es difeete - of his,l e f designee ( eiaa 4e - the
"directoocity may tee -jointly conduct any public hearing on a project permit application with any hearing that
may be held -conducted by another local, state, regional, federal, or other agency, on the proposed action, as long as
the requirements of subsection (C) of this section are met.
B. Applicant's Request for a Joint Hearing. The applicant may request that the city conduct a joint public hearing
with another agency, as described in subsection (A), above —aft " ,.email .,..plie. iea be ,.,.,.,biped as long as the joint
hearing schedule ^"would allow a decision to be issued within the applicable time periods set forth in this
ehaptefTitle 20. i the alto.. atiN; "If the joint hearing schedule would not allow a decision to be issued within the
applicable time periods, the applicant may agree in writing to " paftie l" . sehed„le if additional time is nee an
extension of the applicable time neriods in order to oomlete the hear:nesallow a ioint Dublic hearing to be
conducted.
C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional,
federal or other agency and the city, when:
1. The other agrneys Doin sg o is not expressly prohibited by statute from so;
2. Sufficient notice of the hearing is given to meet each of the agencfies2 applicable notice
requirements as set f i4h : sta44es erdinanee"or- rules;
3. The agency has received the necessary information about the proposed project from the applicant in enough
time to hold its hearing at the same time as the city hearing; Brand
4. The hearing is held within the geographic boundary of the city. [Ord. 3817 § 5, 2010].
MAGA M6.020 Standing to initiate an administrative anneal,
A. Standing Limited to Parties of Record. Onlv Darties of record may file an administrative aDDeal.
B. Definition. The term "parties of record," for the purposes of this chapter, shall mean:
1. The applicant•
2. Any person who testified at thean open record public hearing on the subject application:
3. Any person who j d:,,:d„all ubffiitssubmitted written comments concerning the subject stag
application-ate
l.l:,, >,o".. :n,. ,.,..,. ry :�"n " o", ,.�" �r,,...o rr do,.;":,.�� p
„ROVIDED THAT. gpersons who
have only signed a petitions are not "parties of record:" and/or
4. The city of Edmonds. [Ord. 3817 § 6, 2010; Ord. 3736 § 4 (Exh. A), 20091.
20.01a00406.030 Appeals ofyroiect permit decisions
An administrative a gals of a decision on a project permit de cisienapplication_
emit "...31iea4i . shall be governed by the following:
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds Page 3/15
Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
A. Standine. Oniy ,.^rties pro^ rd have Stan ine t anneal -.e .,o^rin i.body's , ecisi reserved -
B. Time to File. An anneal must be filed within 14 days after the issuance of the hearing bady'^ written decision on
a project permit application. The anneal period for determinations of nonsi nificance shall be extended for an
additional seven days, if state or local rules adopted pursuant to Chapter 43.21C RCW allow public comment on a
determination of nonsignificance issued as Dart of the at in relation to the applicable project permit
de�isiena�plication. Appeals. including fees. must be received by the citv's development services department by
mail or by personal delivery at or before 4:00 p.m. on the last business day of the appeal period. Appeals received by
mail after 4:00 p.m. on the last day of the appeal period will not be accepted, no matter when such appeals were
mailed or postmarked.
C. Computation of Time. For the Durnoses of computing the time for filing an appeal. the day the hearing bodv's
decision is issued shall not be counted. If the last day of the appeal is a Saturday. Sunday, legal holiday designated
by RCW 1.16.050 or by a city ordinance, or any day when City Hall or the city's development services department
is closed to the Dublic by formal executive or legislative action, then the anneal may be filed on the next day that is
not a Saturday. Sunday, holiday or closed day.
D. Content of Anneal. Anneals shall be in writing, be accompanied by the required appeal fee as set forth in the
city's adopted fee resolution, and contain the following information:
1. Appellant's name. address, email address, and phone number
2. A statement describing appellant's standing to appeal:
3. Identification of the application which is the subject of the appeal:
4. Appellant's statement of grounds for appeal and the facts upon which the appeal is based with
references to the facts i the record;
5. The specific relief sought:
6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the
a pellant's signature.
7. All written submittals should be tuned or electronically formatted on letter size paper (eight and one-half by
11 inches). with one -inch margins. using readable font tune (such as Times New Roman) and size (no smaller
than 12-point), single sided.
E. Effect. The timely filing of an anneal shall stay the hearing boa '^ decision on the applicable project permit
application, or portion therdrawn.
F. Notice of Anneal. The ao.,o' . ^ff' sfflviees director (-hereia€te theTshall provide rewritten
notice of the appeal to all parties of record as defined in ECDC 20.97.00306.020. [Ord. 3817 & 6, 2010; Ord. 3736 &
4 (Exh. A). 20091.
G. Multiple appeals. More than one appeal maybe filed concerning the same decision on a project permit
application.
20.06.040 Prehearinu Conference
A. The Hearing Examiner may on his or her own order, or at the request of the city, applicant or appellant, hold
one or more conferences prior to the hearing to consider:
1. Identification, clarification, and simplification of the issues;
2. Disclosure of witnesses to be called and exhibits to be presented,
3. MetiomThe scheduling or hearing of motions that any party would like to have considered;
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
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Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
Page 4/15
4. Other matters deemed by the Hearing Examiner appropriate for orderly and expeditious disposition of the
proceedings.
B. Prehearine conferences may be held by telenhone conference
C. The Hearing Examiner shall give notice to all parties of record of any prehearing conference to be held. Notice
shall be in any written form.
D. All parties of record shall participate atin any prehearing conference unless they granted by the
Hearing Examiner not to participate. Failure to participate without such permission may result in that party's waiver
of issues adjudicated during the prehearing conference and/or dismissal of the appeal.-
E. Following the prehearing conference, the Hearing Examiner shall issue an order reciting the actions taken or
ruling on motions made at the conference.
20.06.002050 Responsibility of director for hearing - Open Record Public Hearing.
The director shall:
A. Schedule project permit applications for review and public hearing;
B. Verify compliance with notice requirements;
C. Prepare the staff report on the application, which shall be a single report which sets forth all of the decisions
made on the proposal as of the date of the report, including recommendations on project permit Vplicationss in the
consolidated permit process that do not by themselves require an open record predecision hearing. The report shall
also describe any mitigation required or proposed under the city's development regulations or SEPA authority. If the
threshold determination, other than a determination of significance, has not been issued previously by the city, the
report shall include or append this determination;
D. Prepare the notice of decision, if required by the hearing body, and mail a copy of the notice of decision to those
entitled by this chapter to receive the decision. [Ord. 3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.06.003060 Conflict of interest.
The hearing body shall be subject to the code of ethics, prohibitions on conflict of interest and appearance of
fairness doctrine as set forth in Chapter 42.23 RCW, and Chapter 42.36 RCW as the same now exists or may
hereafter be amended. [Ord. 3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.06.004070 Ex parte communications.
A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding
before him or her, other than to participate in communications regarding procedural aspects necessary for
maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate.
Nothing herein shall prevent the hearing body from seeking legal advice from its legal counsel on any issue.
B. If, before serving as -on the hearing body in a quasi-judicial proceeding, any member of the hearing body receives
an ex parte communication of a type that could not properly be received while serving, the member of the hearing
body, promptly after starting to serve, shall disclose the communication as described in subsection (C) of this
section.
C. If a member of the hearing body receives an ex parte communication in violation of this section, he or she shall
place in the record:
1. All written communications received;
2. All written responses to the communications;
3. The substance of all oral communications received, and all responses made; and
4. The identity of each person from whom the member received any ex parte communication.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
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Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
The hearing body shall advise all parties that these matters have been placed on the record. Upon request made after
notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a
rebuttal statement on the record. [Ord. 3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.06.0N080 Disqualification.
A. Any member who is disqualified shall make full disclosure to the audience of the reason(s) for the
disqualification, abstain from voting on the proposal, and physically leave the hearingroom.
B. If enough members of the hearing body are disqualified so that a quorum cannot be achieved, then all members
present, after stating their reasons for disqualification, shall be prequalified and deliberations shall proceed. [Ord.
3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.06.006090 Burden and nature of proof.
A. Except for Type V actions and, appeals of Type 11 actions and elosea record appeal", the burden of proof is on the
proponent. The development —project permit application must be supported by convincing proof -evidence in the
record that it conforms to the applicable elements of the city's development regulations and eomprehensive plan
(review criteria). The proponent must also prove that any significant adverse environmental impacts have been
adequately mitigated.
B. In an appeal of T5Te 11 , ,.tions or elosed reeds appeal, the appellant has the burden of proof with respect to
points raised on appeal.
G. in a elosed reeord appeal of the arehiteetural design board, its deeision shall be given substantial deference
,., ing deeisie review within its o peftise and , „*mina : its deeisiens. [Ord. 3817 § 5, 2010; Ord. 3736 § 4
(Exh. A), 2009].
20.06.007100 Order of proceedings — Predecision Open Record Public Hearing.
The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be
supplemented by administrative procedures and/or hearing examiner rules as appropriate.
A. Before receiving testimony and other evidence on the issue, the following shall be determined:
1. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing
body may proceed or terminate the proceeding;
2. Any member disqualifications shall be determined.
B. The presiding officer may take official notice of commonly known and accepted information, such as:
1. Ordinances, resolutions, rules, officially adopted development standards, and state and federal law;
2. Public records and facts judicially noticeable by law.
C. Order of presentation. The order of presentation for predecision open record public hearings generally
proceed as follows:
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds
Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
1. Hearing Examiner's or hearing body's introductory statement;
2. Staff presentation;
3. Applicant's presentation;
4. Public testimony on proposal;
5. Response from staff (if any);
6. Rebuttal from applicant (if any);
7. Questions of staff, applicant, or other persons submitting testimony;
8. Deliberation by hearing body if applicable;
Page 6/15
D. Notwithstanding the provisions of subsection C, the order of hearing may be modified or a different order
established if the hearing body deems necessary for the clear and fair presentation of evidence. The order of the
hearing may also be modified as agreed upon by parties with the hearing body's approval.
E. The order of presentation at hearing shall not alter or shift any burdens or presumptions(s) established by
applicable law(s).
EF. Information officially noticed need not be proved by submission of formal evidence to be considered by the
hearing body. Parties requesting official notice of any information shall do so on the record. The hearing body,
however, may take notice of matters listed in subsection (B) of this section at any time. Any information given
official notice may be rebutted.
13G. The hearing body may view the proposed project site or planning area with or without notification to the
parties, but shall put into the record a statement setting forth the time, manner and circumstances of the site visit and
any relevant observations made during the visit.
EH. Information shall be received from the staff and from proponents and opponents. The presiding officer may, in
his or her discretion, permit persons a#endingparticipating in the hearing to ask questions of other participants.
Unless the presiding officer specifies otherwise, approved -an. sy uch questions will be asked of per -sons submitting
toby-through the presiding officer.
liI. When the presiding officer has closed the public eaffiffiewtestimony portion of the hearing, the hearing body
may openly discuss the issue and may further question the staff or any person submitting testimony. An
opportunity to present rebuttal testimony shall be provided if new information is presented irthrough the
questioning. When all evidence has been presented and all questioning and rebuttal completed, the presiding officer
shall officially close the record and end the hearing. [Ord. 3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 2009].
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds Page 7/15
Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
20.06.110 Procedure for open record appeal hearing.
A. Appeal hearings shall have a structured format and shall be conducted in a manner deemed by the Hearing_
Examiner to make the relevant evidence most readily and efficiently available to the Hearing Examiner and to
provide the parties a fair opportunity for hearing.
B. Where the code provides that the appellant has the burden of proof to overcome the City decision being_
appealed, the order of hearing is eg nerally as follows:
1. Hearing Examiner's introductory statement;
2. Parties' opening statements (if allowed by hearing examiner);
3. Appelant's presentation of evidence and ar ument;
4. Department's presentation of evidence and argument;
5. Applicant's presentation of evidence and argument (if applicant is not the appellant);
6. Appelant's presentation of rebuttal evidence and argument;
7. Closing argument of parties (if allowed by hearing examiner);
C. Notwithstanding the provisions of subsection B, the order of hearing may be modified or a different order
established if the Hearing Examiner deems necessary for the clear and fair presentation of evidence. The order of
the hearing may also be modified as agreed upon by the parties with the Hearing Examiner's approval.
D. The order of presentation at hearing shall not alter or shift any burden(s) or presumptions(s) established by
applicable law(s).
E. Information shall be received from the staff and from proponents and opponents. The presiding officer may, in his
or her discretion, permit persons participating in the hearing to ask questions of other participants. Unless the
presiding officer specifies otherwise, questions will be asked through the presiding officer.
2R&6.1207" Procedure for closed record decision/a. pealhearings.
A. Closed record aalshearings shall be argued and decided based on the record established at the open record
hearing before the he -ifte bad-Wa ffi e . ,..hose deei ion is appeaW, which shall include the written
deeisieerecommendation of the hearing bodv/officer. conies of anv exhibits admitted into the record. and official
transcript, minutes or tape recording of the proceedings.
1. At his/her own expense, a party fe4 of record may have the official tape recording of the open
record hearing transcribed: however. to be admitted in4e the receraconsidered during the closed record hearing,
the transcription must be ^pMbmiedprepared and certified by a court reporter or a transcriber that is pre -
approved by the city. In addition. the ^transcription must be received by the city directly from the
transcriber at least 16 working days before the date scheduled for the closed record reviewhearing. It shall be
each party of record's responsibility to obtain a copy of the transcription from the city.
2. The director shall maintain a list of pre -approved transcribers thm are ee„4 appfeye ; and if needed, shall
coordinate with parties to alof record so that no more than one official transcripts is ^ami"ea into +'we
d )laced before the city council.
B. No new testimony or other evidence will be accepted by the city council except: (1) new information required to
rebut the substance of any written or oral ex parte communication iqr-e'idedthat is placed on the record during an
a pearance of fairness disclosure: and (24 elo...,pA inn ...,a4ie. Oia4 in the eigiffien e fthe eity , ei
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds Page 8/15
Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
2. in ..term. nine whether- the in f «m.,tion should be admitted.the eity eouneil side tma-Y reauest „thee- -ties of
reeord to submit yffitten - ...1initial
„tti,�e the above. RT.,n fern, nse by the eivy a ..;1 o side nt .�.;thi five
av of the in ti l oat th..t the :4 rm..tion be made ,3a ft of the feeofd shall ,. «st:t,.te .,r-eisc#ian of the
$8-H3e.
C. Parties a;alof record may present written arguments to the city council. Arguments shall a^"^n�
art;^„ 1"r ^rr^rs committed by the , ecis;^ w "v^,.address the applicable decision criteria, with specific references to
the administrative record. The " oella t shall bear the btwde t^ demonstrate str"te that the decision ; "1^"rl.,
------ - --- --- - ------ --------------
----- -------------------------------
eiven the r or.l
D. While written argument itten arguments no
later than 12 working days before the date scheduled for the closed record r-evieruhearing. Parties of recorder
for- the apperl"may submit hk nr- her -written arguments or respond in writing to RENRgnin�ents no
later than seven working days before the closed record r-eviehearin alltparties may rebut in writing to
responses submitted by parties of record no later than four working days before the closed record revieheari
,3lic r.t : of the ., sellant a-Di3licant , a-Y s„bmi " fin l s rr^h„tt"1 ; ";tine to „ ,.^ll"„tI r"h„tt.,l no later
than two wer-kine days be. re the closed reeord-review,
E. Written arguments, responses. and rebuttals and "..rroh..tt"1" must be received by the city's development services
department by mail or personal delivery at or before 4:30 p.m. of the date due. Late submittals shall not be accepted.
Submittals received by mail after 4:30 p.m. on the last day of the appeal period will not be accented, no matter when
such submittals were mailed or postmarked. it shall be the ro ":h:l:ty of the ..arties i ived to obtain f r their
F. All written submittals should be typed or electronically_ formatted on letter size paper (eight and one-half by 111.
with one -inch margins, using readable font type (such as Times New Roman) and size (no smaller than 121. single
sided. double spaced and without exceeding 12 pages in length, including exhibits, if any. Exhibits that are not
already in the record shall not be allowed.
G. The review shall commence with the resolution of appearance of fairness issues, if any, followed by the
opportunity for oral presentations by the director and other parties of records. including the appellant. After the
presentations, the city council may ask clarifying questions on disputed issues to parties of record, with an
opportunity for the director, appellant and/or applicant, respectively, to rebut to the response. The city council shall
not request information outside the administrative record. If the city council believes that it needs information not
contained in the record to make a proper decision on the application, it may remand the application to have the
record reopened for that limited purpose.
If information outside the administrative record is offered (in written submittals or oral presentation) by a party of
record, it shall be the responsibility of other parties of record opposing the same to timely object and provide
justification in support of the objection. Objections to information outside the administrative record shall be brought
before the city council begins deliberations. The party offering_ the information shall have the opportunity_ to show
where in the record said information is contained.
H. The city council shall deto,. iae whether the dereview the eiaienrecommendation by the hearing body/officer
^'earl. effesleetisde novo gjymbased on the evidence in the record. The ,.:ty " ei "hall affirm. edify ^ o e
o decision of the hea fi a 1.,.,1Wa ff eer- ., er-difiel , U-Be .. ,.-:*tea aefeement by the ., ,..1:, apA towaive the
^r,t for " decision within the time o ^as set forth i RCW 36.70B.080. as all -wed by D!''W
36.703'. theAs it deems necessary, theThe city council may remand the deeisio -application with instructions
to the hearing body to reopen the hearing to obtainfor additional information on a subject that is relevant to the
decision criteria.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
20.06.008130 Decision.
A. Following the hearing procedure described in ECDC 20.06.047100, or-ECDC 20.06.110, or ECDC 20.06.120, the
hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing
body shall affirm, reverse or;
rokibition * * ord h :, remand the decision for additional information.
B. The hearing body's written decision shall be issued within 10 working days after the close of record of the
hearing and within 90 days of the opening of the hearing, unless a longer period is agreed to by the parties. Where
the record is voluminous, the hearing body may inform the parties during the hearing that more than 10 working
days will be necessary to render a decision.
C. The city shall provide a notice of decision as provided in ECDC 20.0602.0097.
D. If the city is unable to issue its final decision on an application within the time limits provided for in this section,
it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons
why the time limits have not been met and an estimated date for issuance of the notice of decision. [Ord. 3817 § 5,
2010; Ord. 3736 § 4 (Exh. A), 2009].
20.06�.009 Notiee of final deeision. [RELOCATE TO ECDC 20.02.0071
d property owners may request a change in property tax valuation notwithstanding any program of
revaluation.
1. The ne6ee of final deeisien shall be mailed or- ether -wise deliver-ed to the appliea-at, te any per -son whe--
County-
assessor.
2. Notiee of the deeision shall be provided to the publie by any means deemed reasonable by the direet
B. in calculating the 120 day period for issuance of the notiee of final deeisien, or- other- deeision period speeified in
„bseetion (A) of this section, the following p ods shall be o elidde 1.
i
01.11,
iUMPI
diddib
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds Page 10115
Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
20.06.048140 Reconsideration of decision.
A. General. Any person identified in ECDC 20.87.00306.020 as having standing to file an administrative appeal
may request reconsideration of a decision of the hearing examiner which issues immediately after the open record
public hearing on a permit application described in this chapter. (There shall be no reconsideration of a decision of
the director (staff), ADB or city council.) Reconsideration is not a condition precedent to any appeal.
Reconsideration shall be limited to:
1. Error(s) of procedure;
2. Error(s) of law or fact;
3. Error(s) of judgment; and/or
4. The discovery of new evidence that was not known and could not, in the exercise of reasonable diligence,
have been discovered.
B. Time to File. A request for reconsideration, including reconsideration fee, must be filed with the director within
10 calendar days of the issuance of the hearing examiner's written decision. Such requests shall be delivered to the
director before 4:00 p.m. on the last business day of the reconsideration period. Requests for reconsideration that are
received by mail after 4:00 p.m. on the last day of this reconsideration period will not be accepted, no matter when
such requests were sent, mailed or postmarked.
C. Computation of Time. For the purposes of computing the time for filing a request for reconsideration, the day the
hearing examiner's decision is issued shall not be counted. If the last day of the reconsideration is a Saturday,
Sunday, or holiday designated by RCW 1.16.050, or by a city ordinance, then the reconsideration may be filed on
the next business day.
D. Content of Request for Reconsideration. Requests for reconsideration shall be in writing, be accompanied by the
required reconsideration fee, and contain the following information:
1. The name, address, email address, and phone number of the requestor;
2. Identification of the application and final decision which is the subject of the request for reconsideration;
3. Requestor's statement of grounds for reconsideration and the facts upon which the request is based;
4. The specific relief requested;
5. A statement that the requestor believes the contents of the request to be true, followed by his/her signature.
6. All written submittals should be typed or electronically formatted on letter size paper (eight and one-half by
11), with one -inch margins, using readable font type (such as Times New Roman) and size (no smaller than
12), single sided.
E. Effect. The timely filing of a request for reconsideration shall stay the hearing examiner's decision on the
applicable project permit application, or portion thereof, until such time as the hearing examiner issues a decision on
reconsideration.
F. Notice of Request for Reconsideration. The director shall provide ma4e4-witten notice that a request for
reconsideration has been filed to all parties of record as defined in ECDC 20.07.0036.020.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
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Chapter 20.06 OPEN RECORD PUBLIC HEARINGS
Page 11115
G. Hearing Examiner's Action on Request. The hearing examiner shall consider the request for reconsideration
without a hearing, but may solicit written arguments from parties of record. A decision on the request for
reconsideration shall be issued within 10 business days after receipt of the request for reconsideration by the city.
1. The time period for appeal shall recommence and be the same for all parties of record, regardless of whether
a party filed a motion for reconsideration.
2. Only one request for reconsideration may be made by a party of record. Any ground not stated in the initial
motion is waived.
3. A decision on reconsideration or a matter that is remanded to the hearing examiner by the city council is not
subject to a motion for reconsideration.
H. Limitations on Hearing Examiner's Reconsideration. The hearing examiner shall consider the request for
reconsideration based on the administrative record compiled on the application up to and including the date of the
hearing examiner's decision. The hearing examiner may require or permit corrections of ministerial errors or
inadvertent omissions in the preparation of the record and the hearing examiner's decision. The reconsideration
decision issued by the hearing examiner may modify, affirm or reverse the hearing examiner's decision.
I. Notice of Final Decision on Reconsideration. The director shall issue a notice of final decision on reconsideration
in the manner set forth and to the persons identified in ECDC 20.062.OW007.
20AGM*06.150 Judicial ap e
-THavine exhausted anv available administrative anneals. the citv's final decision on an application may be annealed
reeer- ,A4t . st ad-ing t by f4ecommencing a land use petition in Snohomish County superior court.
Such petition must be f4edcommenced within 21 days after issu -nee of the deei iep as provided in Chanter 36.70C
RCW. [Ord. 3817 & 6, 2010; Ord. 3736 & 4 (Exh. A). 20091.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds
Chapter 20.07 CLOSED RECORD APPEALS
20.07.001 Appeals of decisions.
bo
[Ord. 3817 § 6, 2010; Ord. 3736 § 4 (Exh. A), 2009].
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The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds Page 13/15
Chapter 20.07 CLOSED RECORD APPEALS
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
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Chapter 20.07 CLOSED RECORD APPEALS
Page 14/15
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment B
Edmonds Page 15115
Chapter 20.07 CLOSED RECORD APPEALS
i i ii •.
i
�� ..
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment C
Edmonds
Chapter 20.75 SUBDIVISIONS
Chapter 20.75
SUBDIVISIONS
Sections:
20.75.010 Citation of chapter.
20.75.020 Purposes.
20.75.025 Scope.
20.75.030 Subdivision defined.
20.75.035 Compliance required.
20.75.040 Application.
20.75.045 Unit lot subdivision.
20.75.050 Lot line adjustment — Application.
20.75.055 Lot combination.
20.75.060 Required information on preliminary plats.
20.75.065 Preliminary review.
20.75.070 Formal subdivision — Time limit.
20.75.075 Modifications.
20.75.080 General findings.
20.75.085 Review criteria.
20.75.090 Park land dedication.
20.75.100 Preliminary approval — Time limit.
20.75.105 Repealed.
20.75.107 Preliminary approval — Time limit extension for previously approved short plats.
20.75.110 Changes.
20.75.120 Review of improvement plans.
20.75.130 Installation of improvements.
20.75.135 Preparation of final plat.
20.75.140 Final plat — Required certificates.
20.75.145 Final plat — Accompanying material.
20.75.150 Waiver of survey.
20.75.155 Review of final plat.
20.75.158 Short plat — Staff review.
20.75.160 Final plat — Filing for record.
20.75.165 Effect of rezones.
20.75.170 Further division — Short subdivisions.
20.75.175 Court review.
20.75.180 Development of lots not divided according to this chapter.
20.75.185 Penalties.
Page 1/14
20.75.010 Citation of chapter.
This chapter may be cited as the City of Edmonds Subdivision Ordinance and shall supplement and implement the
state regulations of plats, subdivisions and dedications found in Chapter 58.17 RCW. [Ord. 4070 § 1 (Exh. 1), 2017].
20.75.020 Purposes.
The purposes of this chapter are:
A. To regulate the subdivision of land and to promote the public health, safety and general welfare in accordance
with state standards to prevent overcrowding of land;
B. To lessen congestion in the streets and highways;
C. To facilitate adequate provisions for water, utilities, sewerage, storm drainage, parks and recreation areas, sites
for schools and playgrounds, and other public requirements;
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Attachment C
Edmonds Page 2/14
Chapter 20.75 SUBDIVISIONS
D. To provide for proper ingress and egress, while minimizing impervious surfaces;
E. To require uniform monumenting of subdivisions and accurate legal descriptions of subdivided lots;
F. To promote the preservation of critical areas and encourage low impact development;
G. To encourage site design that can make the best use of renewable energy resources including solar and
geothermal;
H. To encourage low impact development (LID) practices when providing for streets and sidewalks. [Ord. 4085 § 18
(Exh. A), 2017; Ord. 4070 § 1 (Exh. 1), 2017].
20.75.025 Scope.
This chapter shall apply to all divisions of land for any purpose except those set forth in RCW 58.17.040, including
but not limited to:
A. Divisions for cemetery plots or other burial plots;
B. Divisions made by testamentary provisions, or by the laws of descent;
C. Divisions for the purpose of lease when no residential structure other than mobile homes or travel trailers are
permitted to be placed upon the land and the city of Edmonds has approved a binding site plan for the use of the land
in accordance with this chapter.
Divisions under subsections (A) and (B) of this section will not be recognized as lots for building purposes unless all
applicable requirements of this chapter are met. [Ord. 4070 § 1 (Exh. 1), 2017].
20.75.030 Subdivision defined.
A. "Subdivision" means a division of land into lots of any size for the purpose of sale. The term subdivision includes
all resubdivisions of land, short subdivisions, and formal subdivisions. The term "lot" includes tracts, parcels, sites
and divisions. The term "sale" includes lease gift or development or any purpose not excepted in this section. When
reference to "subdivision" is made in this code, it is intended to refer to both "formal subdivision" and "short
subdivision" unless one or the other is specified.
B. "Formal subdivision" means a subdivision of five or more lots.
C. "Short subdivision" means a subdivision of four or fewer lots.
D. "Unit lot subdivision" means a subdivision or short subdivision of land under ECDC 20.75.045 where
compliance with the development standards is evaluated with respect to the parent lot, not the unit lot.
E. "Parent lot' means the lot with legal lot status which establishes the exterior boundary of a unit lot subdivision.
F. "Unit lot' means a portion of a parent lot, the fee of which may be independently transferred upon recording of a
unit lot subdivision. [Ord. 4070 § 1 (Exh. 1), 2017].
20.75.035 Compliance required.
Any person wishing to create a subdivision or lot line adjustment must first comply with this chapter. [Ord. 4070 § 1
(Exh. 1), 2017].
20.75.040 Application.
Applications for subdivisions shall be made to the eewwwaity development services director on forms provided by
the eenmnunivy development services department. A subdivision application will be processed concurrently with any
applications for rezones, variances, planned unit developments, site plan approvals and other similar approvals, that
relate to the proposed subdivision, unless the applicant expressly requests sequential processing. The application
shall contain the following items in addition to those specified in ECDC 20.02.002:
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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A. A reproducible copy of the preliminary plat and the number of prints required by the eommunivy development_
services department;
B. Title report;
C. A survey map, if required by the sty development services director, of the exterior boundaries of the land
to be subdivided, prepared by, and bearing the seal and signature of, a professional land surveyor registered in the
state of Washington. This map can be combined with the preliminary ECDC 20.75.050 plat at the applicant's option;
D. The application fee as set in Chapter 15.00 ECDC;
E. A proposal for dedication of park land rather than payment of in -lieu fees, if desired by the applicant;
F. Source of water supply and name of supplier;
G. Method of sewage disposal, and name of municipal system if applicable. Percolation rates and other information
required by the public works department shall be submitted if septic tanks are to be used;
H. Other information that may be required by the sty development services director in order to properly
review the proposed subdivision, including information needed to determine the environmental impact of the
proposal. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 62, 2009; Ord. 2379 § 1, 1983].
20.75.045 Unit lot subdivision.
A. Purpose. The unit lot subdivision process provides opportunities for dividing fee simple ownership of land to
create townhouses, rowhouses and similar fee -owned dwelling units as an alternative to both condominium
ownership and traditional single-family detached subdivision. Unit lot subdivisions determine compliance with the
relevant dimensional standards of ECDC Title 16 by analyzing whether the parent lot complies, but not requiring
that each newly created lot within the unit lot subdivision (the unit lot) complies, with those dimensional standards.
A unit lot subdivision does not permit uses or densities that are not otherwise allowed in the zoning district in which
the unit lot subdivision is proposed.
B. Applicability. The provisions of this section apply exclusively to the subdivision of land for single-family
dwelling units, townhouse, and rowhouses and may be applied only in the following zones: multiple residential,
general commercial, and Westgate mixed -use. A single lot within a unit lot subdivision may contain multiple
dwelling units when the unit lot contains all such dwelling units within one building. Flats are permitted as an
element of a unit lot subdivision only when a single lot within a unit lot subdivision contains the entire building in
which flats are located.
C. Association with Site Development — Application Timing. In the case of a vacant lot or a redevelopment site, a
preliminary unit lot subdivision can only be submitted in conjunction with or subsequent to a development site plan
as required by Chapter 20.10, 20.11, or 20.12 ECDC, or in the case described in ECDC 20.10.020(B)(3) submitted
in conjunction with or subsequent to a building permit.
D. Conformance with Standards of the Parent Lot. The parent lot must comply with and is vested to the applicable
development standards (ECDC 20.75.030(E)) in effect at the time a complete application for preliminary unit lot
subdivision is submitted. As a result of the unit lot subdivision, the individual unit lots within the subdivision may
be nonconforming with respect to the bulk and dimensional standards required by ECDC Title 16.
As with dimensional standards, compliance with access standards, including but not limited to fire lanes, drive
aisles, turn-arounds, and access of/to the parent lot from/to the street will be evaluated based on the parent lot's
compliance with such requirements, and not based on whether individual unit lots meet such standards.
E. Future Additions and Modifications. Subsequent platting actions, additions or modifications to the structure(s)
may not create or increase any nonconformity of the parcel lot. Changes requiring permitting that affect only the
interior of building units will be evaluated for compliance with the requirements only for that unit. Any exterior
changes will be evaluated for compliance by considering whether the parent lot would still comply with applicable
development standards. Any application for such external changes will require authorization of all owners of
affected unit lots or approval of the HOA where changes to commonly owned tracts are proposed.
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Chapter 20.75 SUBDIVISIONS
F. Homeowners' Association Ownership of Common Areas. Any commonly used areas or facilities within a unit lot
subdivision, including but not limited to common access, garage or parking areas, common open space or recreation
space, common courtyards, commonly used stormwater facilities or side sewers and other similar features, must be
owned and maintained by a homeowners' association with the right to assess the individual unit lot owners as
necessary to properly maintain and repair such areas. Appropriate documentation regarding the rights of the
homeowners association must be submitted for recording with the final plat.
G. Maintenance Agreements for Building Exteriors. Maintenance agreements must be executed and recorded as an
element of the final unit subdivision plat or short plat for maintenance of all building exteriors except in cases where
all dwelling units are detached. The maintenance agreement must require equal participation by all owners within
any one building and must be recorded on the final unit lot plat. The requirement does not apply to detached single
family dwelling units. Common wall construction must meet currently adopted building codes.
H. Parking on Different Unit Lots Allowed. Within the parent lot, required parking for a dwelling unit may be
provided on a different unit lot than the lot with the dwelling unit as long as the right to use that parking is
formalized by an easement on the final plat.
I. Notice of Unit Lot on the Final Plat. The fact that the unit lot is not a separate buildable lot and that additional
development of the individual unit lots may be limited as a result of the application of development standards to the
parent lot must be noted on the final plat.
J. An application for final unit lot plat will not be accepted until all foundations, including common wall
foundations, are installed and located on the face of the final plat by the land surveyor of record.
K. Review. Unit lot subdivisions of four or fewer lots are processed and reviewed as short subdivisions while five or
more lots are formal subdivisions pursuant to Chapter 20.01 ECDC and the requirements of this chapter. [Ord. 4070
§ 1 (Exh. 1), 2017].
20.75.050 Lot line adjustment — Application.
A. Lot Line Adjustment Defined. A lot line adjustment is an alteration of lot lines between platted or unplatted lots
or both, which does not create any additional lot, tract, parcel, site or division.
B. Lot Line Adjustment Exempt from Subdivision Review. Except as otherwise provided in this section, lot
adjustments shall not be subject to the provisions of this chapter.
C. Lot Line Adjustment Review. All proposals for lot line adjustments shall be submitted to the Edmonds planning
manager or his/her designee for approval. The Edmonds planning manager or his/her designee shall approve the
proposed lot line adjustment unless the manager or his/her designee certifies in writing that the proposed adjustment
will:
1. Create a new lot, tract, parcel, site or division;
2. Reduce the setbacks of existing structures below the minimum required by code or make existing
nonconforming setbacks of existing structures more nonconforming than before;
3. Reduce the lot width or lot size below the minimum required for the applicable zone;
4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division;
5. Would otherwise result in a lot which is in violation of any requirement of the ECDC.
D. Application. A lot line adjustment application shall be submitted on forms provided by the city and shall at a
minimum contain the following information:
1. One copy of dimensioned plans on the official city of Edmonds lot line adjustment form. The dimensioned
plans shall be prepared and stamped by a professional land surveyor registered in the state of Washington and
shall conform to city of Edmonds survey requirements, as promulgated by the Edmonds planning division.
Information on the plans shall include the following:
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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Chapter 20.75 SUBDIVISIONS
a. Legal descriptions of the existing lots and proposed lot line adjustment(s);
b. The location of all existing structures on the subject parcel(s), including dimensioned setback
information from all existing and proposed lot lines and ingress/egress easements;
c. Locations of all existing ingress/egress and utility easements;
d. Gross lot area for the original parcels and the proposed parcels (gross lot area does not include any lot
area devoted to vehicular ingress/egress easements);
e. The existing zoning of the subject parcel(s);
f. Location of all existing driveways on the subject parcel(s); and
g. The lot lines of adjoining properties for a distance of at least 50 feet.
2. A title company certification which is not more than 30 calendar days old containing:
a. A legal description of the total parcel(s) sought to be adjusted;
b. A list of those individuals, corporations, or other entities holding an ownership interest in the parcel(s);
c. Any easements or restrictions affecting the property(ies) with a description, purpose and reference by
auditor's file number and/or recording number;
d. Any encumbrances on the property; and
e. Any delinquent taxes or assessments on the property.
E. Fee. The application fee shall be as set in Chapter 15.00 ECDC.
F. Expiration. An application for a lot line adjustment shall expire one year after a complete application has been
filed with the city. An extension up to an additional year may be granted by the Edmonds planning manager or
his/her designee upon a showing by the application of reasonable cause.
G. Review. A certified determination of the planning manager or his/her designee may be appealed to the hearing
examiner as a Type II decision as set forth in Chapter 20.06 ECDC. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 63,
2009; Ord. 3211 § 1, 1998].
20.75.055 Lot combination.
A. Lot Combination Defined. A lot combination is the combination of two or more legal, illegal, or nonconforming
lots into one or more lots, all of which comply with the provisions of this code in effect at the time of said
combination.
B. An application for lot combination shall be signed for by all individuals or entities owning an interest in the
property. The application fee shall be the same as the fee established for lot line adjustments.
C. Lot combinations shall be approved as a matter of right unless the development services director finds that the
combination of lots would:
1. Not result in legal conforming lot; and/or
2. Not be in compliance with the goals and objectives of the city's comprehensive plan. The director shall, as a
part of his decision, determine whether or not the lots, as combined, negatively impact compliance with the
city's urban density requirements as established pursuant to the State Growth Management Act, comprehensive
plan and the Snohomish County planning policies.
D. The director's decision shall be issued in writing and shall be mailed to all properties within 300 feet of the site.
Appeal may be taken from the director's decision within 10 working days of mailing of the decision and posting
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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thereof in accordance with the provisions of Chapter 20.06 ECDC. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 64,
2009; Ord. 3296 § 2, 2000].
20.75.060 Required information on preliminary plats.
A preliminary plat is a neat and approximate drawing to scale of a proposed division of land, showing the existing
conditions and the general proposed layouts of streets, lots and other information needed to properly review the
proposal. The preliminary plat of a short subdivision may be referred to as a short plat. A preliminary plat shall be
prepared by a professional land surveyor registered in the state of Washington. The scale used shall be sufficient to
show clearly all details of the proposal. A scale of 50 feet to the inch is preferred; other engineering scales may be
used, if necessary. Preliminary plats for formal subdivisions shall not exceed a size of 24 inches by 36 inches. Short
plats shall be on an 8-1/2-by- 11 -inch page. The following information shall be shown on the plat:
A. The name, if any, of the proposed subdivision;
B. Sufficient description to define the location and boundaries of the proposed subdivision;
C. Name, address, seal and signature of the land surveyor who prepared the map;
D. A vicinity sketch;
E. Date prepared or revised, scale, north point, quarter section, section, township and range number;
F. Total acreage of the land to be divided, and area in square feet of each proposed lot;
G. Existing zoning, and zoning boundaries, if any;
H. Lot dimensions and numbers;
I. Setback lines required by the existing or proposed zoning, if the proposed lot has an unusual shape, steep
topography, or other unusual limitations on its building site;
J. Any existing property lines within, or adjacent to, the proposed subdivision, and the names of the owners of
adjacent property;
K. Contour lines in areas to be developed shall be at five-foot intervals, or as specified by the eonurtunity
development services director. Ten -foot intervals may be used in areas not to be developed. All contour lines shall
be extended into adjacent property a sufficient distance to show the topographical relationship of adjacent property
to the proposed subdivision;
L. The location, name and width of all existing and proposed street rights -of -way, or easements within or adjacent to
the proposed subdivision, the grade or proposed streets and the pavement location of existing and proposed streets;
M. The location of all existing structures within the proposed subdivision and within 25 feet of the proposed
subdivision. Public area or areas to be owned in common by the lot owners, if any;
N. The location of tree -covered areas, with the location of individual trees over eight inches in diameter in areas as
requested by the planning development services director;
O. A preliminary grading plan or profile of proposed roads if more than 500 cubic yards of earth is to be removed;
P. A preliminary drainage proposal as specified in Chapter 18.30 ECDC, showing existing and proposed drainage
facilities for the site and the adjacent areas;
Q. A statement of improvements to be installed;
R. The location of known or suspected soil or geological hazard areas, water bodies, creeks and areas subject to
flooding;
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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Chapter 20.75 SUBDIVISIONS
S. Possible future lot lines if any is large enough to allow future division;
T. Location of existing underground utility lines, sewer and water mains adjacent to or within the proposed
subdivision;
U. Other information that may be required by the community development services director in order to properly
review the proposed subdivision, including information needed to determine the environmental impact of the
proposal. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3296 § 1, 2000. Formerly 20.75.055.].
20.75.065 Preliminary review.
A. Responsibility for Review. The eawAntmity development services director, or a designated planning staff
member, is in charge of administering the preliminary review of all subdivisions. The public works director and the
fire department, and other departments if needed, shall participate in preliminary review by appropriate
recommendations on subjects within their respective areas of expertise.
B. Notice of Hearing.
1. When the director of development services has accepted a subdivision for filing, he shall set a
date of hearing, and give notice of the hearing as provided in ECDC 20.03.003, and by the following for a
formal subdivision:
a. One publication in a newspaper of general circulation within Snohomish County pursuant to Chapter
1.03 ECC and posting notice in three conspicuous places within 300 feet of any portion of the boundary of
the proposed formal subdivision not less than 10 working days prior to the hearing.
b. Mailing to a city if a proposed formal subdivision is adjacent or within one mile of the city's boundary,
or the proposed subdivision would use the utilities of the city.
c. Mailing to the county if a proposed formal subdivision is adjacent to the city -county boundary.
d. Mailing to the State Department of Highways if a proposed formal subdivision is adjacent to a state
highway right-of-way.
e. The notice must include a legal description and either a vicinity location sketch or a location description
in nonlegal language.
C. Time Limits for Staff Review. Staff review shall be completed within 120 days from the date of filing.
D. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a Type III -A decision in
accordance with provisions of Chapter 20.06 ECDC.
E. Short Subdivisions — Staff Review. The director of development services shall review a short
subdivision as a Type II decision (Staff decision — Notice required).
F. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision of the eemffmaity�
development services director on a short subdivision under the procedure set forth in Chapter 20.06 ECDC. [Ord.
4070 § 1 (Exh. 1), 2017; Ord. 3817 § 12, 2010; Ord. 3783 § 12, 2010; Ord. 3775 § 12, 2010; Ord. 3736 § 65, 2009;
Ord. 3211 §§ 4, 5, 1998; Ord. 3112 §§ 17, 18, 19, 1996; Ord. 2379 § 2, 1983].
20.75.070 Formal subdivision — Time limit.
The city council shall make its final decision on a proposed formal subdivision within 90 days of the date of filing,
unless the applicant agrees to extend the time. Where applicable, additional time needed to prepare and circulate an
environmental impact statement shall not be included within said 90 days. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3783
§ 13, 2010; Ord. 3775 § 13, 2010].
20.75.075 Modifications.
A. Request. Request for a modification to a requirement of this chapter shall be made on the regular subdivision
application form. The applicant shall state reasons to support the approval of the requested modification.
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B. Notice. The notice of the public hearing at which the applicant's proposed subdivision will be considered shall
contain a description of the proposed modification.
C. Consideration. The proposed modification shall be considered in the same manner as the proposed subdivision.
The modification may be approved, or recommended for approval, only if all of the required findings set forth in
Chapter 20.85 ECDC (Variances) can be made. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3211 § 6, 1998].
20.75.080 General findings.
A proposed subdivision may be approved only if all of the following general findings can be made for the proposal,
as approved or as conditionally approved:
A. Subdivision Ordinance. The proposal is consistent with the purposes of this chapter (as listed in ECDC
20.75.020) and meets all requirements of this chapter.
B. Comprehensive Plan. The proposal is consistent with the provisions of the Edmonds Comprehensive Plan, or
other adopted city policy, and is in the public interest.
C. Zoning Ordinance. The proposal meets all requirements of the zoning ordinance, or a modification has been
approved as provided for in this chapter.
D. Floodplain Management. The proposal meets all requirements of the Edmonds Community Development Code
relating to floodplain management. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 2466, 1984].
20.75.085 Review criteria.
The following criteria shall be used to review proposed subdivisions:
A. Environmental.
1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall
be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed
on the proposal to avoid impact.
2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house
site and lot placement to the existing topography.
3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to
nearby residents or property, such as floodplains, steep slopes or unstable soil or geologic conditions, a
subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent
with subsections (A)(1) and (2) of this section.
4. The proposal shall be designed to minimize off -site impacts on drainage, views and so forth.
B. Lot and Street Layout.
1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop,
the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will
ensure that the lot is developed properly.
2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special
access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize
traffic hazards.
3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance.
4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and
streams where street access is not adequate.
C. Dedications.
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Chapter 20.75 SUBDIVISIONS
1. The city eottnei1-may require dedication of land in the proposed subdivision for public use.
2. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090.
The council may request a review and written recommendation from the planning advisory board.
3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including
those on the official street map and the preliminary plat.
D. Improvements.
1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle
paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities.
2. The person or body approving a subdivision shall determine the improvements necessary to meet the
purposes and requirements of this chapter, and the requirements of:
a. ECDC Title 18, Public Works Requirements;
b. Chapter 19.25 ECDC, Fire Code, as to fire hydrants, water supply and access.
This determination shall be based on the recommendations of the eommunity development services director,
the public works director, and the fire chief.
3. The use of septic systems may be approved if all of the following conditions are met:
a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest
public sewer main to the nearest boundary of the land to be divided.
b. The land to be divided is zoned RS-20.
c. The public works director and city health officer determine that soil, drainage and slope conditions are
satisfactory for septic use and that all requirements of WAC 248-96-090 are met.
E. Floodplain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds
Community Development Code for floodplain management. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3211 § 7, 1998;
Ord. 2466, 1984].
20.75.090 Park land dedication.
A. Dedication or In -Lieu of Fee Required. Before or concurrent with the approval of the final plat of any
subdivision, the subdivider shall dedicate land, pay a fee in -lieu of dedication, or do a combination of both, for park
and recreational purposes.
B. Proposal of Dedication. Either the applicant or the city may propose dedication of a portion of the land to be
divided in order to meet the regulations of this section. Payment of in -lieu fees is required unless dedication is
proposed and approved.
C. Review of Dedications. Dedication proposals shall be reviewed at the same time as the subdivision proposal. Any
short subdivision containing a dedication proposal shall be reviewed as if it were a formal subdivision.
D. Factors for Review. Dedication proposals shall be reviewed for consistency with the Comprehensive Plan, the
Comprehensive Parks and Recreation Plan, and the Recreational Walks Plan. Other factors to be considered include
size, usability and accessibility of the land proposed for dedication, and the possibility of coordinating dedication by
owners of adjacent land.
E. In -Lieu Fee. In -lieu park fees shall be as set in Chapter 15.00 ECDC. [Ord. 4070 § 1 (Exh. 1), 2017].
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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Chapter 20.75 SUBDIVISIONS
20.75.100 Preliminary approval — Time limit.
A. Approval of a preliminary plat shall expire and have no further validity at the end of the time period established
under RCW 58.17.140, unless the applicant has acquired final plat approval prior to the expiration date established
under RCW 58.17.140. The time period for subdivisions shall commence upon the date of preliminary plat approval
by the issuance of a written decision by the Edmonds hearing examiner. In the event that the decision of the hearing
examiner is appealed to the Eamends eitt, ,.,.,,. ei anEWT Snohomish County superior court, the time period shall
commence upon the date of final confirmation of the preliminary plat decision by the ^i r-judiciary.
B. Approval of a short plat shall expire and have no further validity at the end of seven five years ifpreliminary
short plat approval is issued on or before December 31, 2013, and five years if prelimi I I . I . .)roval is
issued on or after Tana^ y' 'n' ^, unless the applicant has acquired final short plat approval within the specified
time period. The time period for short plats shall commence upon the issuance of a final, written staff decision. In
the event that the decision of staff is appealed to the Edmonds hearing examiner and/or Snohomish County superior
court, the time period shall commence upon the date of final confirmation of the preliminary short plat decision by
the hearing examiner or judiciary. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3925 § 1, 2013].
20.75.105 Extensions of time.
Repealed by Ord. 3190. [Ord. 2379 § 4, 1983].
20.75.107 PFe!iMiHHFY HPPFOVal Time limit extension fOF pFeviousty appFoved ShOFt Plats.
effeetive date of the or-difia-fiee eedified in this seetion shall hER,e their- pr-elifninar-y appr-evals Effiteffla4eally extead
sueh short plats shall expire and have no further validity at the end oftwo years from the eff-eetive date ofthe
ordinance codified in this seetion, unless the applicant has aequired final short plat approval within the speeified
time period. Notice of the two year extension from the effective date of the ordinance eodified in this seetion shall
be provided to the parties ofreeord of such preliminary short plats. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3925 § 2,
2n
20.75.110 Changes.
A. Preliminary Plats. The eaffm+uaityLdevelopment services director may approve as a Type Il-decision (Sta€
decision Notice reed) minor changes to an approved preliminary plat, or its conditions of approval. If the
proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or
other major changes, the proposal shall be reviewed in the same manner as the original application. Application fees
shall be as set in Chapter 15.00 ECDC.
B. Recorded Final Plats. An application to change a final plat that has been filed for record shall be processed in the
same manner as a new application. This section does not apply to affidavits of correction. [Ord. 4070 § 1 (Exh. 1),
2017; Ord. 3736 § 66, 2009].
20.75.120 Review of improvement plans.
A. Timing. If improvements are required as a condition of preliminary approval of a subdivision, the applicant shall
submit the improvement plan to the director of public works for review and approval, allowing sufficient time for
proper review before expiration of the preliminary plat approval.
B. Engineered Design. All improvement plans shall be prepared, dated, signed and sealed by a licensed engineer
registered in the state of Washington, unless the public works director determines that engineer plans are not
necessary. [Ord. 4070 § 1 (Exh. 1), 2017].
20.75.130 Installation of improvements.
A. Timing and Inspection Fee. The applicant shall not begin installation of improvements until the public works
director has approved the improvement plans, the public works director and the applicant have agreed in writing on
a time schedule for installation of the improvements, and the applicant has paid an inspection fee, as set in Chapter
15.00 ECDC.
B. Completion — Bonding. The applicant shall either complete the improvements before the final plat is submitted
for city council approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of
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the improvements within one year of the approval of the final plat. The bond or surety shall be based on the
construction cost of the improvement as determined by the director of public works, and shall be processed as
provided in Chapter 17.10 ECDC.
C. Acceptance — Maintenance Bond. The director of public works shall not accept the improvements for the city of
Edmonds until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or
surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two
years from the date of acceptance.
D. Short Subdivision — Deferred Installation. If the eamffvdnity development services director determines that
installation of improvements will not be needed at the time of the approval of the final plat of the short subdivision,
the improvements shall be installed or guaranteed by bond before issuance of any development permit for any lot
shown on the preliminary plat. This condition shall be stated on the final plat, and shall be binding on all later
owners of lots created by the subdivision. [Ord. 4070 § 1 (Exh. 1), 2017].
20.75.135 Preparation of final plat.
A final plat is a final, precise drawing of a subdivision which conforms to the approved preliminary plat, and meets
all conditions of the preliminary approval and all requirements of this chapter. It shall be prepared in accordance
with the following:
A. Surveyor. A professional land surveyor registered in the state of Washington shall prepare, or supervise the
preparation of, the final plat.
B. Survey. The surveyor shall survey the land to be divided, and as much of the section(s) in which the land is
located as is needed to properly orient the land within the section(s).
C. Monuments. The surveyor shall set monuments at street intersections, lot and block corners, boundary angle
points, points of curbs in streets, controlling corners on the boundaries of the land, and other points as required by
the public works director. The type of monuments and the method of setting shall be as specified by the public
works director.
D. Standards. The public works director shall set standards for the preparation of final plats. [Ord. 4070 § 1 (Exh. 1),
2017].
20.75.140 Final plat — Required certificates.
The following certificates shall be shown on the final plat. Subsections (A) through (G) of this section shall be
signed by the indicated person before the final plat is submitted for review. Subsection (G) of this section is required
for formal subdivision only.
A. Surveyor. The surveyor shall place his seal and signature on the plat along with:
1. A statement certifying that the plat was prepared by him, or under his supervision;
2. A statement certifying that the plat is a true and correct representation of the land surveyed;
3. A full and correct description of the land to be divided.
B. Owner. The owner shall certify that the subdivision has been made with his free consent and according to his
desires. Owners of other interests shown on the title report shall certify that they have notice of the subdivision.
C. Dedications. A certificate of dedication by the owner for all areas to be dedicated to the public, acknowledged by
a notary.
D. Waiver of Claims. A statement by the owner waiving all claims for damages against any governmental authority
which may arise from the construction, drainage and maintenance of required improvements.
E. Waiver of Access. If required by the conditions of the preliminary approval, a waiver by the owner of direct
access to any street from any property.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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Chapter 20.75 SUBDIVISIONS
F. Roads Not Dedicated. A statement or other clear indication by the owner if any street is not to be dedicated to the
public.
G. Health Officer. A statement by the city of Edmonds health officer certifying that the proposed means of sewage
disposal and water supply are adequate.
H. Director of Public Works. The following statements to be signed by the director of public works:
1. A statement approving the survey date, the layout of streets, alleys and other rights -of -way, design of
bridges, sewage and water system and other structures; and approving the final plat or short subdivision.
r. .resrzre!eves�� rsre,�e!�crsseesstisrse�n:ees:rsre saw sear�ese rs�
I. Development Services Director. The following statements to be signed by the lunit}�
development services director:
1. A statement that the final plat conforms to the approved preliminary plat and all conditions of the
preliminary approval; and approving the final plat or shore subdivision.
j. City Approval. A statement to be signed by the mayor and eity clerk that the eity council has approved the final
plat of a formal subdivision or a short subdivision with a dedioation.
K. Taxes. A statement to be signed by the county treasurer that all taxes and delinquent assessments for which the
land to be divided may be liable as of the date of the signing of the statement have been paid. [Ord. 4070 § 1 (Exh.
1), 2017].
20.75.145 Final plat — Accompanying material.
The following material shall be submitted to the director of public works with the final plat:
A. Review Fee. A review fee for the final plat as set in Chapter 15.00 ECDC shall be paid for each check or recheck
of the final plat.
B. Survey Notes. Complete field and computation notes of the plat survey showing the original or reestablished
corners with descriptions and the actual traverse showing error of closure and method of balancing. A sketch
showing all distances, angles and calculations required to determine corners and distances of the plat shall
accompany this data. The allowable error of closure shall not exceed one foot in 5,000 feet.
C. Title Report. A title report showing that ownership and other interests in the land described and shown on the
final plat is in the name of the person signing the owner's certificate. [Ord. 4070 § 1 (Exh. 1), 2017].
20.75.150 Waiver of survey.
The director of public works may waive the requirement of a survey for the final plat in the following circumstances
if there will be no adverse effect on the public interest: if the boundaries of the lot proposed for short subdivision
have sufficient existing monuments to define the proposed lot lines.
If the director of public works waives the survey requirements, the applicant shall prepare a final plat that meets all
other requirements of this chapter and which contains legal descriptions of each proposed lot. [Ord. 4070 § 1 (Exh.
1), 2017; Ord. 3211 § 9, 1998].
20.75.155 Review of final plat.
A. Submission. The applicant may not file the final plat for review until the required improvement plans have been
submitted for approval to the director of public works.
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Chapter 20.75 SUBDIVISIONS
B. Time Limit. A final plat shall be approved, disapproved or returned to the applicant for correction within 30 days
of its official filing with the director of public works for review, unless the applicant agrees to extend the time limit.
This time period shall not include required environmental review.
C. Staff Review. The director of public works and the development services director shall conduct an
administrative review the final plat of ^ formal subdivisio^and either sign the statements required by ECDC
20.75.140, if all requirements of this chapter have been met, or disapprove such action, stating their reasons in
writing. Such administrative action shall be final subject onlright of appeal to the Snohomish County superior
court. They shall then forward the final plat to the city council for a Type Al A decision after having signed
statements required by EGDG 20.75.140 or attaching their recommendation for disapproval.
D. City couneil Review. if the e4y eedHeil f4ads that the p4lie use and iffterest will be setwed by the prepesed
s4divisien and 4ia4 all r-equir-ements of the preliminafy appr-oval in this ehapter- have been met, the f4aal plm shall
be appr-eved a -ad the mayef and eity eler-k shall sign the statement of the eity eouneil appFoval on the final p1m.
ED. Acceptance of Dedication. Dedication of any interest in property contained in an approval of the formal
subdivision shall be forwarded to the city council for formal acceptance on its consent agent; provided, however,
that such acceptance shall not stay any approval, time period for appeal or the effective date of the formal
subdivision. City eouneil approval of the final plat constitutes acceptance of all dedication shown on the final plat.
[Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3736 § 67, 2009; Ord. 2991 § 1, 1994].
20.75.158 Short plat Staff review.
The conmymnity services director, through his/her designees, the director- of public works and the eenmnunivy
developmen4 director- shall conduct an administrative review of a proposed short subdivision and either sign the
statements required by ECDC 20.75.140, if all requirements of this chapter have been met, or disapprove such
aetien, stming their reasons in vffitiag. Sueh admiaistrmive aetien shall be f4aal subjeet only te r-ight of appeal to the
agefft; previded, hewever-, that stieh aeeepta-aee shall not stay any appr-eval, time period fef appeal of the effeetive
§'s�T
20.75.160 Final plat — Filing for record.
The city clerk shall file the final plat or short plat for record with the county auditor, and arrange for a reproducible
copy to be sent to the public works department and the applicant and a paper copy to be sent to the county assessor
and the een%+ffl*4y development services department. The plat or short plat shall not be considered "approved" until
so filed with the county auditor. [Ord. 4070 § 1 (Exh. 1), 2017].
20.75.165 Effect of rezones.
The owner of any lot in a final plat filed for record shall be entitled to use the lot for the purposes allowed under the
zoning in effect at the time of filing for five years from the date of filing the final plat for record, even if the property
is rezoned; provided, that all requirements of the community development code, other than lot area, are met. [Ord.
4070 § 1 (Exh. 1), 20171.
20.75.170 Further division — Short subdivisions.
A further division of any lot created by a short subdivision shall be reviewed as and meet the requirements of this
chapter for formal subdivision if the further division is proposed within five years from the date the final plat was
filed for record; provided, however, that when a short plat contains fewer than four parcels, nothing in this section
shall be interpreted to prevent the owner who filed the original short plat, from filing a revision thereof within the
five-year period in order to create up to a total of four lots within the original short subdivision boundaries. [Ord.
4070 § 1 (Exh. 1), 2017; Ord. 2623 § 1, 1987].
20.75.175 Court review.
Any decision approving or disapproving any plat or short plat shall be reviewable for unlawful, arbitrary, capricious
or corrupt action or nonaction by writ of review before the Superior Court of Snohomish County. The action may be
brought by any property owner in the city, who deems himself or herself aggrieved thereby; provided, that
application for a writ of review shall be made to the court within 30 days from any decision so to be reviewed. The
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant.
[Ord. 4070 § 1 (Exh. 1), 2017].
20.75.180 Development of lots not divided according to this chapter.
No building permit, septic tank permit or other development permit shall be issued for any lot unless: (1) the subject
property is a lot of record as defined in ECDC 21.55.015; or (2) the property owner is determined to be an innocent
purchaser in accordance with subsection (A) of this section. Where this section authorizes a lot to be developed even
though such lot does not meet the definition for "lot of record" in ECDC 21.55.015, any development on said lot
shall comply with the city's development regulations, including any applicable development regulations regarding
nonconforming lots.
A. "Lot of Record" Status for Innocent Purchasers. An owner of property may obtain "lot of record" status for a
parcel that does not meet the "lot of record" definition. To obtain this status, the applicant must submit an affidavit
with sufficient supporting documentation to demonstrate that:
1. The applicant did not have actual notice regarding the subdivision of the property in question. If the
applicant had knowledge of the subdivision (e.g., knowledge that two parcels in question were once part of the
same parcel), but not of its illegality, the innocent purchase status may not be granted;
2. The purchase price of the parcel is consistent with an arm's length transaction;
3. The owner did not purchase the property from a relative;
4. At the time of purchase, there was some existing deed, record or survey showing the subject parcel as a
separate lot; and
5. The parcel had a separate tax ID parcel number prior to the purchase of the property by the applicant.
B. The innocent purchaser status may be approved subject to conditions of approval requiring the applicant to make
improvements to the property that would likely have been required by the city had the property been properly
subdivided, unless it is determined that such improvements have already been constructed.
C. An affirmative determination of innocent purchaser and "lot of record" status shall be recorded with the county
auditor. [Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3982 § 3, 2014].
20.75.185 Penalties.
Any person who violates any provision of this chapter relating to the sale, offer for sale, lease or transfer of any lot
is guilty of a misdemeanor and subject to the penalties of ECC 5.50.020. Each sale, offer for sale, lease or transfer of
each separate lot in violation of any provision of this chapter shall be deemed a separate and distinct offense. In
addition to these criminal sanctions, the city shall have the right to bring an action to restrain and enjoin any
subdivision, sale or transfer, compel compliance with the provisions of this chapter and obtain other injunctive
relief. The costs of such action shall be paid by the violator and shall include the city attorney's fees. [Ord. 4070 § 1
(Exh. 1), 2017].
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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17.00.030 Application of regulations.
A. Code Compliance Required. All land in the city shall be used, and all buildings shall be built, structurally altered,
or moved onto a site, only in compliance with all regulations of this zoning ordinance.
B. Setbacks — Density.
1. Any setback, yard, minimum lot size, or open space required by this zoning ordinance for one use may not
be used to meet minimum requirements of this zoning ordinance for any other use.
2. When an existing lot is subdivided, or is the subject of a lot line adjustment, the new lot lines will not make
any existing improvements nonconforming to the regulations of this zoning ordinance.
C. Public Structures and Uses. All public structures and uses built or altered by the city or any other public agency
shall comply with this zoning ordinance. Where it is a public necessity to build, or alter, a structure or use in a
location or in a manner not complying with this zoning ordinance, a variance may be considered. it this ease, the
aetien of the hearing examiner- shall be a r-eeeffffneada4ion to the eit-y eetmeil.
17.40.020 Nonconforming building and/or structure.
F. Restoration.
If a nonconforming building or structure is destroyed or is damaged in an amount equal to 75 percent or
more of its replacement cost at the time of destruction, said building shall not be reconstructed except in
full conformance with the provisions of the Edmonds Community Development Code. Determination of
replacement costs and the level of destruction shall be made by the building official and shall be appealable
as a Type II staff decision under the provisions of Chapter 20.06 ECDC. Damage of less than 75 percent of
replacement costs may be repaired, and the building returned to its former size, shape and lot location as
existed before the damage occurred, if, but only if, such repair is initiated by the filing of an application for
a building permit which vests as provided in ECDC 19.00.025(G) et seq. within 18 months of the date such
damage occurred. The director may grant a one-time extension of up to 180 days if a written extension
request has been received from the applicant prior to the expiration of the initial 18 months.
2. Residential Buildings. Existing nonconforming buildings in commercial zones in use solely for residential
purposes, or structures attendant to such residential use, may be reconstructed without regard to the
limitations of subsections (E) and (F) of this section, if, but only if, the following conditions are met:
a. If a nonconforming multifamily residential building or a mixed use building containing multiple
residential units is damaged in excess of 75 percent of its replacement cost at the time of destruction,
the building may be restored to the same density, height, setbacks or coverage as existing before the
destruction or damage occurred if, but only if, an application for a building permit which vests as
provided in ECDC 19.00.025(G) et seq. is filed within 18 months of the date the damage occurred.
The director may grant a one-time extension of up to 180 days if a written extension request has been
received from the applicant prior to the expiration of the initial 18 months.
b. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No
nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use
under state law or city ordinance of a conforming neighboring lot or building would be limited by such
remodel or reconstruction.
c. These provisions shall apply only to the primary residential use on site and shall not apply to
nonconforming accessory buildings or structures.
d. A nonconforming residential single-family building may be rebuilt within the defined building
envelope if it is rebuilt with materials and design which are substantially similar to the original style
and structure after complying with current codes. Substantial compliance shall be determined by the
city as a Type II staff decision_, exeept thm any appeal of the stag deeisie shall be to the n-ehite,..,,. a
Design Board (APB) ..a4he,. than to the hearing examine . The decision of the 4 DR hearing examiner
shall be final and appealable only as provided in ECDC 24.47-.08620.06.160.
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3. The right of restoration shall not apply if:
a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the
owner's agent;
b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or
owner's agents; or
c. The building was demolished for the purpose of redevelopment
17.40.025 Vested nonconforming or illegal accessory dwelling units.
A. Illegal or nonconforming accessory dwelling units which registered with the city during the registration period
which ended October 16, 2000, at 5:00 p.m. are hereby declared to be legal nonconforming detached and attached
accessory dwelling units (ADU). Accessory dwelling unit (ADU) is defined in Chapter 20.21 ECDC.
B. Once registered, a formerly illegal or nonconforming ADU shall enjoy all the protections and privileges afforded
to a nonconforming building under the provisions of ECDC 17.40.020; provided, however, that sueh ADU T shall be -
subject
impose additional eonditions on the confinued use and eecupaney of the formerly illegal ADU if it is found to
constitute a ' . sent a hazardous condition, or to revoke sueh registration and permit if a
hazardous condition relating to the ADU is not abate .
C. Legal nonconforming units which received a permit certificate confirming such status and listing the physical
dimensions and other characteristics of the structure may be continued in accordance with such permit certificate,
provided, however-, that the registration and permit of a formerly illegal ADU may be revoked and/or conditioned in
accordance with the provisions of ECDC 0. l 00.040.
D. Failure to register a structure within the time period established by the provisions of this section shall be
considered to be presumptive proof that such a unit is an illegal unit and subject to abatement. The owner of such
structure may overcome such a presumption only by presentation of substantial and competent evidence which
establishes the legal nonconforming nature of such building by clear and convincing evidence that the structure was
permitted by Snohomish County or the city of Edmonds, was permitted by such agency and was in complete
compliance with the applicable provisions of state law and county or city ordinance, at the dates such construction
was initiated and was completed. [Ord. 3696 § 1, 2008].
17.100.030 Conditional use permits (CUP) — Community churches and schools requiring a CUP.
A. All new churches and schools and any nonconforming church or school whose review has been triggered
pursuant to ECDC 17.40.050 shall register with the staff on a form developed for its use. The staff shall determine
which churches qualify as neighborhood churches; churches failing to register shall be presumed to be community
churches.
B. Decisions to approve, condition, or deny a CUP; to review a CUP; or decline to renew a CUP shall be a Type III-
t-B decision. [Ord. 3783 § 6, 2010; Ord. 3775 § 6, 2010; Ord. 3736 § 23, 2009; Ord. 3353 § 12, 2001].
19.00.025 International Building Code section amendments.
I. Section 105.5, Permit expiration and extension, is amended to read:
1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after
issuance, except as provided in ECDC 19.00.025I(2).
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2. The following permits shall expire by limitation, 180 days after issuance and may not be
extended, unless they are associated with a primary building permit for a larger construction
project, in which case they may run with the life of the primary permit:
Demolition permits;
Permits for Moving Buildings required by Chapter 19.60 ECDC;
Mechanical permits;
Tank removal, tank fill, or tank placement permits;
Grading, excavation and fill permits;
Water service line permits;
Plumbing permits;
Gas piping permits;
Deck and dock permits;
Fence permits;
Re -roof permits;
Retaining wall permits;
Swimming pool, hot tub and spa permits;
Sign permits;
Shoring permits;
Foundation permits.
3. Prior to expiration of an active permit the applicant may request in writing an extension for
an additional year. Provided there has been at least one (1) required progress inspection
conducted by the city building inspector prior to the extension, the permit shall be extended.
Permit fees shall be charged at a rate of one quarter the original building permit fee to extend
the permit.
4. If the applicant cannot complete work issued under an extended permit within a total period
of two (2) years, the applicant may request in writing, prior to the second year expiration, an
extension for a third and final year. Provided there has been at least one (1) required progress
inspection conducted by the city building inspector after the previous extension, the permit
shall be extended. Permit fees shall be charged at a rate of one quarter the original building
permit fee to extend the permit.
5. The maximum amount of time any building permit may be extended shall be a total of three
(3) years. At the end of any three (3) year period starting from the original date of permit
issuance, the permit shall become null and void and a new building permit shall be required,
with full permit fees, in order for the applicant to complete work. The voiding of the prior
permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is
filed and a necessary development approval is stayed in accordance with ECDC
20.07.00420.06.040 the time limit periods imposed under this section shall also be stayed
until final decision.
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6. The building official may reject requests for permit extension where he determines that
modifications or amendments to the applicable zoning and Building codes have occurred
since the original issuance of the permit and/or modifications or amendments would
significantly promote public health and safety if applied to the project through the issuance of
a new permit.
20.02.007 Notice of final decision. (MOVED FROM ECDC 20.06.009)
A. The director shall issue a notice of final decision within 120 days of the issuance of the determination of
completeness pursuant to ECDC 20.02.003; provided, that the time period for issuance of a notice of final decision
on a preliminaU plat shall be 90 days, for a final plat 30 days, and a final short plat 30 days. The notice shall include
the SEPA threshold determination for the proposal and a description of any available administrative appeals. For
Type II, III and IV permits, the notice shall contain the requirements set forth in ECDC 20.06.060(C) and explain
that affected property owners may request a change in property tax valuation notwithstandine any program of
revaluation.
1. The notice of final decision shall be mailed or otherwise delivered to the applicant, to any person who
submitted comments on the application or requested a copy of the decision, and to the Snohomish County
assessor.
2. Notice of the decision shall be provided to the public by any means deemed reasonable by the director.
B. In calculating the 120-day period for issuance of the notice of final decision, or other decision period specified in
subsection (A) of this section, the following periods shall be excluded:
1. Any period during which the applicant has been requested by the director to correct plans, perform required
studies, or provide additional required information. The period shall be calculated from the date the director
notifies the applicant of the need for additional information until the earlier of the dates the director determines
that the additional information provided satisfies the request for information, or 14 days after the date the
additional information is provided to the city;
2. If the director determines that the information submitted is insufficient, the applicant shall be informed of the
deficiencies and the procedures set forth in subsection (B)(1) of this section for calculating the exclusion period
shall apply;
3. Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter
43.21 C RCW and Chapter 20.15A ECDC. The time period for preparation of an EIS shall be governed by
Chapter 20.15A ECDC;
4. Any period for consideration and issuance of a decision for administrative appeals of development project
permits, which shall be not more than 90 dayspen record appeals and 60 days for closed record appeals,
unless a longer Deriod is aereed to by the director and the applicant:
5. Any extension of time mutually greed to by the director and the applicant in writing_
C. The time limits established in this title do not apply if a permit application:
1. Requires an amendment to the comprehensive plan or a development regulation;
2. Requires siting approval of an essential public facility as provided in RCW 36.70A.200; or
3. Is a Type IV permit process identified in ECDC 20.01.003.A.
4. Is substantially revised by the applicant, in which case the time period shall start from the date that a
determination of completeness for the revised application is issued by the director pursuant to ECDC 20.02.003
and RCW 36.70B.070. [Ord. 3817 § 5, 2010; Ord. 3736 § 4 (Exh. A), 20091.
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20.05.020 General requirements.
A. Review. The hearing examiner shall review and decide on conditional use permit applications as Type III-A-B
decisions as set forth in ECDC 20.01.003.
B. Appeals. The hearing examiner decisions on conditional use permit shall be appealable to the city council in
accordance with Chapter 20.06 ECDC. A-^ Ig shallSnohomish be to the County s accordance ourt i ..it
the Land Use Petition Act.
C. Time Limit. Unless the owner obtains a building permit or, if no building permit is required, substantially
commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be
null and void, unless the owner files an application for an extension of time before the expiration date.
D. Review of Extension Application. An application for any extension of time shall be reviewed by the community
development director as a Type II decision.
E. Location. A conditional use permit applies only to the property for which it has been approved and may not be
transferred to any other property.
F. Denial. A conditional use permit application may be denied if the proposal cannot be conditioned so that the
required findings can be made. [Ord. 3783 § 7, 2010; Ord. 3775 § 7, 2010; Ord. 3736 § 37, 2009; Ord. 2270 § 1,
1982].
20.08.040 Approval procedure for development agreements.
A development agreement is a Type IV development project permit application and shall be processed in accordance
with the procedures established in this title. A development agreement shall be approved by the Edmonds city
council after a public hearing. [Ord. 3817 § 7, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.11.010 Review procedure — General design review.
A. Review. The architectural design board (ADB) shall review all proposed developments that require a threshold
determination under the State Environmental Policy Act (SEPA). All other developments may be approved by staff
as a Type I decision. When design review is required by the ADB, proposed development shall be processed as a
Type III-B-A decision. The role of the ADB shall be dependent upon the nature of the application as follows:
1. The ADB shall conduct a public hearing for the following types of applications:
a. Applications that are not consolidated as set forth in ECDC 20.01.002(B).
b. Applications that are consolidated as set forth in ECDC 20.01.002(B) but in which the ADB serves as
the sole decision -making authority.
c. Applications that are consolidated as set forth in ECDC 20.01.002(B) but in which all decision -making
authority is exercised both by staff, pursuant to this chapter and Chapter 20.13 ECDC, and by the ADB.
The ADB shall act in the place of the staff for these types of applications.
2. The ADB shall review proposed developments at public meetings without a public hearing and make
recommendations to the hearing examiner to approve, conditionally approve, or deny proposals for
developments that, although consolidated as set forth in ECDC 20.01.002(B), are not subject to a public
hearing by the ADB under subsection (A)(1) of this section. The hearing examiner shall subsequently hold a
public hearing on the proposal.
3. The ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this
section shall approve, conditionally approve, or deny the proposal. The ADB or hearing examiner may continue
its public hearing on the proposal to allow changes to the proposal, or to obtain information needed to properly
review the proposal. See ECC 3.13.090 regarding exemptions from review required by this chapter.
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4. Notwithstanding any contrary requirement, for a development in which the city is the applicant, the action of
the ADB under subsection (A)(1) of this section and the hearing examiner under subsection (A)(2) of this
section shall be a recommendation to the city council.
B. Notice. Public notice by mail, posting or newspaper publication shall only be required for applications that are
subject to environmental review under Chapter 43.21C RCW, in which case notice of the hearing shall be provided
in accordance with Chapter 20.03 ECDC. [Ord. 3736 § 39, 2009; Ord. 3636 § 2, 2007].
20.12.010 Applicability.
The architectural design board (ADB) shall review all proposed developments that require a threshold determination
under the State Environmental Policy Act (SEPA) using the process set forth in ECDC 20.12.020. All other
developments may be approved by staff as a Type I decision using the process set forth in ECDC 20.12.030. When
design review is required by the ADB under ECDC 20.12.020, the application shall be processed as a Type III-B-A
decision. [Ord. 3736 § 42, 2009; Ord. 3636 § 3, 2007].
20.11.040 Appeals.
All design review decisions of the hearing examiner or the ADB are appealable to superior court in accordance with
Chapter 36.70C RCW. appealable to the eity eetmeil as :a^a in Chapter- 29n7EGDC [Ord. 3736 § 40, 2009;
Ord. 3636 § 2, 2007].
20.12.080 Appeals.
A. Design review decisions by the ADB pursuant to ECDC 20.12.020(B) are appealable to superior court in
accordance with Chapter 36.70C RCW.appealable to the city council as ide i Chapter 20.07 Errs These are
the only decisions by the ADB in this chapter that are appealable.
B. All design review decisions of the hearing examiner are appealable- to superior court in accordance with
Chapter 36.70C RCW.te the eity eouneil as ided in Chapter- 20.07 Error
C. Design review decisions by staff under the provisions of ECDC 20.12.030 are only appealable to the extent that
the applicable building permit or development approval is an appealable decision under the provisions of the ECDC.
Design review by staff is not in itself an appealable decision. [Ord. 3736 § 45, 2009; Ord. 3636 § 3, 2007].
20.16.110 Reconsideration and appeal.
Reconsideration of the hearing examiner's ruling shall be governed by ECDC 20.06.848150. Appeal of the hearing
examiner's ruling shall be governed by Chapter 20.8-7-06 ECDC. [Ord. 3736 § 48, 2009; Ord. 3572 § 1, 2005; Ord.
3474 § 1, 2003].
20.16.130 Building permit application.
A. Any building permit for an EPF approved under this chapter shall comply with all conditions of approval in the
conditional use permit. In the event a building permit for an EPF is denied, suspended or revoked due to a failure to
comply, the department shall submit in writing the reasons for denial to the project sponsor.
B. No construction permits may be applied for prior to conditional use approval of the EPF unless the applicant
signs a written release acknowledging that such approval is neither guaranteed nor implied by the department's
acceptance of the construction permit applications. The applicant shall expressly accept all financial risk associated
with preparing and submitting construction plans before the final decision is made under this chapter.
C. Building permits for an EPF which fail to comply with the conditions of approval shall be suspended and a report
made to the director. The director shall institute a proceeding before the hearing examiner to permit the EPF's
sponsor a hearing at which to show cause why its conditional use permit should not be revoked or further
conditioned. Such hearing shall be conducted as if it were a Type III-A-B decision in accordance with Chapter 20.06
ECDC. [Ord. 3736 § 49, 2009; Ord. 3572 § 1, 2005; Ord. 3474 § 1, 2003].
20.35.080 Review process.
A. An application for a PRD has two stages. The first stage, the preliminary PRD, includes the following:
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment D
Edmonds Page 7/12
1. Pre -Application Staff Review. The preliminary plans of the proposal shall be submitted to the planning
manager for review and comment. This provides an opportunity for the developer to work with the city staff to
design a total plan which best meets the goals of the city and the needs of the developer. Such potential
problems as drainage, topography, circulation, site design and neighborhood impact should be identified and
addressed before the proposal is submitted for formal review.
2. Pre -Application Neighborhood Meeting. The applicant shall host a public pre -application neighborhood
meeting to discuss and receive public comment on the conceptual proposal. The applicant shall provide notice
of this meeting to all property owners within 300 feet of the subject site by depositing written notice in the U.S.
Mail postage paid at least 14 calendar days in advance of the meeting to all persons and entities shown as
having an ownership interest in the land records of Snohomish County. An affidavit of mailing shall be
provided to the city by the applicant attaching its mailing list.
While this meeting will allow immediate public response to the proposal in its conceptual form, comments
submitted during this meeting are not binding to the applicant or staff. However, staff may make general
recommendations to the applicant as part of the formal application based on the input from this meeting to the
extent that said comments are consistent with the adopted provisions of the Edmonds Community Development
Code and the comprehensive plan. As a courtesy, the applicant shall provide summary minutes of the meeting
to all of those in attendance within two weeks of the date of the meeting.
3. Review by the Architectural Design Board. The design board will review the project for compliance with the
urban design guidelines, landscaping, and/or the single-family design criteria in ECDC 20.35.060 and forward
their recommendation of the site and building design on to the hearing examiner for his consideration. Their
review will be at one of their regularly scheduled meetings, but will not include a public hearing or the ability
for the public to comment on the project.
4. The Public Hearing with the Hearing Examiner. The hearing examiner shall review the proposed PRD for
compliance with this section as a Type III-B-A decision.
If, after all appeals are exhausted, the proposal is denied, a similar plan for the site may not be submitted to the
development services department for one year. A new plan which varies substantially from the denied proposal,
as determined by the development services director, or one that satisfies the objections stated by the final
decision -maker may be submitted at any time.
An applicant who intends to subdivide the land for sale as part of the project shall obtain subdivision approval
in accordance with Chapter 20.75 ECDC before any building permit or authorization to begin construction is
issued, and before sale of any portion of the property. The preferred method is for the applicant to process the
subdivision application concurrently with the planned residential development proposal.
B. The second stage of the PRD process, the final PRD, consists of the city's review of the final plans for
consistency with the preliminary PRD as approved. The decision at this stage will be made by city staff ••�
plat.final PRD is submit4ed as a eanselida4ed appliemieff with a per-ff�t that requir-es eity eeidneil review, i.e., a formal
subdivision The final PRD will be subject to the following review:
1. The applicant shall submit the final development plan to the development services director, conforming to
the preliminary plan as approved, and all applicable conditions of that approval. The planning manager shall
review the plan along with the city engineer and make a final decision. The plan shall contain final, precise
drawings of all the information required by ECDC 20.35.030. The applicant shall also submit all covenants,
homeowners' association papers, maintenance agreements, and other relevant legal documents.
2. If city staff finds that the final development plan conforms to the preliminary approval, and to all applicable
conditions, staff shall approve the plan and its accompanying conditions as a covenant which touches and
concerns the subject property, incorporating by reference all maps, drawings and exhibits required to specify
the precise land use authorized. A file shall be maintained by the development services department containing
all maps and other documents or exhibits referred to in the approval. The approval shall also contain a legal
description of the boundary of the proposal. The covenant shall be recorded with the county auditor if no
subdivision plat is to be recorded.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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3. The provisions of approval shall be restrictions on the development of the site. Revocation of approval or
abandonment as provided in this chapter shall eliminate all requirements imposed under the planned residential
development plan, such as alternative bulk development standards, and shall cause the old underlying bulk
development standards to be in full force and effect. [Ord. 3822 § 1, 2010; Ord. 3787 § 3, 2010; Ord. 3465 § 1,
2003].
20.45.050 Review of changes to Edmonds register of historic places properties.
A. Review Required. No person shall change the use, construct any new building or structure, or reconstruct, alter,
restore, remodel, repair, move or demolish any existing property on the Edmonds register of historic places or within
a historic district on the Edmonds register of historic places without review by the commission and without receipt
of a certificate of appropriateness, or in the case of demolition, a waiver, as a result of the review.
The review shall apply to all features of the property, interior and exterior, that contribute to its designation and are
listed on the nomination form. Information required by the commission to review the proposed changes are
established in rules.
B. Exemptions. The following activities do not require a certificate of appropriateness or review by the commission:
ordinary repair and maintenance which includes painting or emergency measures defined in ECDC 20.45.000 (K).
C. Review Process.
1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building or zoning
official shall report any application for a permit to work on a designated Edmonds register property or in an
Edmonds register historic district to the commission. If the activity is not exempt from review, the commission
shall notify the applicant of the review requirements. The building or zoning official shall not issue any such
permit until a certificate of appropriateness or a waiver is received from the commission but shall work with the
commission in considering building and fire code requirements.
2. Commission Review. The owner or his/her agent (architect, contractor, lessee, etc.) shall apply to the
commission for a review of proposed changes on an Edmonds register property and request a certificate of
appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes shall
be accompanied by such information as is required by the commission established in its rules for the proper
review of the proposed project.
The commission shall meet with the applicant and review the proposed work according to the design review criteria
established in rules. Unless legally required, there shall be no notice, posting or publication requirements for action
on the application, but all such actions shall be made at regular meetings of the commission. The commission shall
complete its review and make its recommendations within 30 days of the date of receipt of the application. If the
commission is unable to process the request, the commission may ask for an extension of time.
The commission's recommendations shall be in writing and shall state the findings of fact and reasons relied upon in
reaching its decision. Any conditions agreed to by the applicant in this review process shall become conditions of
approval of the permits granted. If the owner agrees to the commission's recommendations, a certificate of
appropriateness shall be awarded by the commission according to standards established in the commission's rules.
The commission's recommendations and, if awarded, the certificate of appropriateness, shall be transmitted to the
building or zoning official. If a certificate of appropriateness is awarded, the building or zoning official may then
issue the permit.
3. Demolition. A waiver of the certificate of appropriateness is required before a permit may be issued to allow
whole or partial demolition of a designated Edmonds register property or in an Edmonds register historical
district. The owner or his/her agent shall apply to the commission for a review of the proposed demolition and
request a waiver. The applicant shall meet with the commission in an attempt to find alternatives to demolition.
These negotiations may last no longer than 45 days from the initial meeting of the commission, unless either
party requests an extension. If no request for an extension is made and no alternative to demolition has been
agreed to, the commission shall act and advise the official in charge of issuing a demolition permit of the
commission's decision on the waiver of a certificate of appropriateness. Conditions in the case of granting a
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
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demolition permit may include allowing the commission up to 45 additional days to develop alternatives to
demolition. When issuing a waiver the commission may require the owner to mitigate the loss of the Edmonds
register property by means determined by the commission at the meeting. Any conditions agreed to by the
applicant in this review process shall become conditions of approval of the permits granted. After the property
is demolished, the commission shall initiate removal of the property from the register.
4. Appeal of the Commission's Decision on a Waiver of a Certificate of Appropriateness. The commission's
decision regarding a waiver of a certificate of appropriateness shall be appealable to the hearing examiner
pursuant to Chapter 20.06 ECDC „ ay*^ pHeal^a o h ei ^^ ^�within 14 calendar days. The appeal must
state the grounds upon which the appeal is based.
The appeal shall be ^ ,^a by the eeufleil only en the ro eras of the ^ . Appeal of hearing
examiner's decision regarding a waiver of a certificate of appropriateness may be appealed to superior court. [Ord.
3397 § 1, 2002].
20.60.015 Design review procedures.
A. Staff Approval. Except as referred to the architectural design board pursuant to subsection (A)(1) of this section,
and except as provided in subsection (B) of this section, the planning manager, or designee, shall review all
applications for design review under this chapter, and shall approve, conditionally approve or deny the application in
accordance with the policies of ECDC 20.10.000 and the standards and requirements of this chapter; provided, that
for murals and artwork the planning manager or designee shall review the application in accordance with the criteria
set forth in subsection (C) of this section. The decision of the planning manager on any sign permit application shall
be final except that signs reviewed by the architectural design board are appealable to the hearing examiner.
1. The planning manager or designee may refer design review applications to the architectural design board for
the types of signs listed below, where the planning manager determines that the proposed sign has the potential
for significant adverse impacts on community aesthetics or traffic safety:
a. Any sign application for an identification structure as defined by this chapter;
b. Any sign application for a wall graphic as defined by this chapter;
c. Any proposed sign that the planning manager determines to be obtrusive, garish or otherwise not
consistent with the architectural features of the surrounding neighborhood.
B. Review by Architectural Design Board. The architectural design board shall review those signs listed in
subsection (13)(1) of this section and any sign permit referred by the planning manager pursuant to subsection (A)(1)
of this section.
1. The ADB shall review any sign permit application that requests a modification to any of the standards
prescribed by this chapter. The ADB shall only approve modification requests that arise from one of the
following two situations:
a. The request is for signage on a site that has a unique configuration, such as frontage on more than two
streets, or has an unusual geometric shape or topography;
b. The request is for signage on a building that has unique architectural elements or features or details that
substantially restrict the placement or size of signage relative to other buildings in the vicinity.
2. The ADB may approve the requested modification only if it meets the following criteria:
a. The design of the proposed signage must be compatible in its use of materials, colors, design and
proportions with development throughout the site and with similar signage in the vicinity;
b. In no event shall the modification result in signage which exceeds the maximum normally allowed by
more than 50 percent.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment D
Edmonds Page 10/12
C. Staff Review of Murals and Artwork. When a proposed wall graphic is proposed as a mural or artwork, the
planning manager or designee shall review and approve, conditionally approve, or deny the application in
accordance with the following criteria. While a separate sign permit is required for each wall graphic, the staff may
make a single design review decision on wall graphics that consist of related murals or artwork. Related murals or
artwork may include multiple proposals for sites within reasonable proximity to each other that are related by theme,
style, materials used, and/or context. The decision of the staff on any design review application containing a mural
or art as a wall graphic may be appealed to the ^' e4hearing examiner pursuant to the procedure established in
Chapter 20.06 ECDC.
1. Art, like other exercises of First Amendment rights, may be limited by reasonable time, place, and manner
restrictions. In this case, these criteria will be utilized to enhance the aesthetics of the city and to ensure quality
and maintenance standards are observed. No recommendation shall be based upon the content or message
expressed by an artist or in a work of art. Applicants are encouraged to coordinate their artwork with the design
or architectural elements of the building and the historic and pedestrian -oriented character of the downtown
area.
2. Specific submission requirements for design review include, but are not limited to:
a. Site sketch showing locations of artwork;
b. Minimum one -fourth -inch scale color drawings of the art concept or art component;
c. Material/color samples;
d. Written Proposal. A written proposal in eight-and-one-half-inch-by-ll-inch format to include a
description and summary of a final design proposal for the artwork; detailed maintenance requirements; a
schedule for development, fabrication, and completion; artist's resume; and evidence of assumption of
liability by applicant or designee; and
e. When required pursuant to ECDC 20.45.050, a certificate of appropriateness shall be obtained from the
historic preservation commission for murals on designated historic structures or within a designated
historic district.
3. Review Criteria. Review criteria for the design review include:
a. Quality of the materials used to create the artwork. Materials should be resistant to fading; no
fluorescent paints;
b. Durability and permanence, including ability to withstand age, vandalism, and weathering.
Consideration should be given to anti -graffiti coating; and
c. Compatibility of the artwork with architectural elements, other elements of the street, and adjacent
structures. Compatibility shall be determined by relationships of the elements of form, proportion, scale,
color, materials, surface treatment, and size and style of lettering. Lettering shall be minimized, but may
be considered for inclusion when necessary to the artistic content.
D. Notwithstanding the provisions of subsections (A), (B), and (C) of this section, sign permit applications shall not
be referred to or reviewed by the architectural design board if the proposed sign constitutes a modification to an
existing sign and involves no significant alteration or modification to the size, height, design, lighting or color of the
existing sign. Sign permit applications for such sign modifications shall be processed and subject to review in the
same manner as provided for staff review in subsection (A) of this section. [Ord. 4064 § 1 (Att. A), 2017; Ord. 4039
§ 1 (Att. A), 2016; Ord. 3800 § 1, 2010; Ord. 3736 § 60, 2009; Ord. 3461 § 2, 2003].
20.85.020 General requirements.
A. Review. The hearing examiner shall review variances as Type III-A-B decisions in accordance with provisions of
Chapter 20.06 ECDC.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment D
Edmonds Page 11/12
B. Appeals. Appeals--eMc hearing examiner decisions on variance shall be
annealable to the citv council in accordance with Chanter 20.06 ECDC..as�
C. Time Limit. The approved variance must be acted on by the owner within one year from the date of approval or
the variance shall expire and be null and void, unless the owner files an application for an extension of time before
the expiration and the city approves the application.
D. Review of Extension Application. An application for an extension of time shall be reviewed by the community
development director as a Type II decision (Staff decision — Notice required).
E. Location. A variance applies only to the property for which it has been approved and may not be transferred to
any other property. [Ord. 3783 § 14, 2010; Ord. 3775 § 14, 2010; Ord. 3736 § 70, 2009].
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The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Attachment D
Edmonds
Page 12/12
7. if the permit is revoked, the permit shall be null and void, and all aetivivy allowed by the perniit shall eease. .
3112 § 29 i ootii
NEW SECTION
20.110.045 Suspension or revocation of permit.
The city shall retain the right to suspend or revoke a permit issued under this development code that fails to comply
with any conditions of approval of said permit, or which operates in a manner inconsistent with representation made
in the application. The suspension or revocation of a permit maeappealed to the Hearing Examiner under
Chapter 20.06. ECDC. Upon receipt of a timely appeal under Chapter 20.06 ECDC, suspension or revocation shall
by stayed pending decision on the appeal; provided that such a stay shall affect any stop work order issued by the
Director.
The Edmonds City Code and Community Development Code are current through Ordinance 4098, passed February 20, 2018.
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Leanna Hartell being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH864135 ORDINANCE NO.
4154 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
07/05/2019 and ending on 07/05/2019 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such ublication is
$2 .
Subscribed and sworn before me on this ��� �jP` �„B 64
day of � '��P=,�lo
v �nAR`�°�'r,�i
s`� M:
sU ,....
N '�., A Ij e�� = rtQ
14.29-
�i/,it OF s�
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCO17PASSEY
Classified Proof
SUMMARY OF ORDINANCE NO.4154
of the City
of Edmonds, Wasbirl
On the, 2nd day tlI July. x059, the Gtr Cavnca of the City of
EdnwndB, passetl [hdlnencb f11d, 9154. F Summary of the content
Of 9Yld ordlnancl, cansiytn+g of the elle, rides as follows:
AN ORDINANCE DF THE CITY OF EDMONOS.
WASHINGTON, AMENDING VARIOUS PROCEDURES
GONTAINEO IN THE EDMONDS COMMUNITY
O EVELOPMEUT GDOE
The full text of I" Ordlnonce will be mailed upon request
DATED Ihia 3rd day of 34ty. 2019.
CITY CLERK, SCOTT PASSEY
Published: July 5, 2019, EDH864136
Proofed by Hartell, Leanna, 07/05/2019 10:25:17 am Page: 2