Ordinance 1074OFFICIAL ZONING ORDINANCE
CITY OF EDMONDS
WASHINGTON
1964
. N
TABLE OF CONTENTS
Page
CHAPTER 12.12 DEFINITIONS 3
12.12.010 Use of Terms 3
12.12.020 Accessory Building 3
Accessory Use 3
Advertising Structure 3
Alley 3
Alterations 3
Apartment House 4
Area, Building 4
12.12.030 Basement 4
Billboard 4
Board 4
Boarding House 4
Boatel 4
Building Height 4
Building 4
Building Line 4
12.12.040 Carport 4
Clinic 4
Club 5
Commercial Use 5
Commercial Vehicle 5
Conditional (Special) Use 5
Conditional Use Permit 5
Condominium Apartment
(See Apartment House).
Cooperative Apartment
(See Apartment House).
Court 5
Covered Moorage Building Area 5
12.12.050 Detached Building 5
Dock 5
Drive -In Business 6
Dwelling, Single -Family 6
Dwelling, Two -Family (Duplex) 6
Dwelling, Multi -Family 6
Dwelling, Unit 6
12.12.060 Electrical Distribution Substation 6
Essential Use 6
Established Grade 6
i
12.12.070 Family 6
Floor Area 6
Fraternity, Sorority, or Student
Cooperative 7
12.12.080 Garage, Commercial 7
Gas Station 7
Guest House 7
12.12.090 Home: Rest, Convalescent, Nursing 7
Home, Retirement, For the Aged 7
Home Occupation 8
Hospital 8
Hospital Animal 8
Hotel 8
12.12.100 Institution, Educational 8
12.12.110 Junk Yard 8
12.12.120 Kennel, Commercial 9
Kitchen 9
12.12.130 Lot
Area 9
Lot,
Corner 9
Lot,
Depth 9
Lot,
Interior 9
Lot,
Through 9
Lot,
Width 9
12.12.140 Mean Depth 9
Mean Ground Level 9
Moorage 10
Motel 10
Motor Hotel 10
12.12.150 Non -conforming Building Use 10
Non -conforming Land Use 10
Non -conforming Use 10
Nursery, Day 10
12.12.160 Off -Street Parking 10
Open Space 10
Outdoor Advertising Display;
Advertising Structure 10
12.12.170 Parking Space 11
Permitted Use 11
Primary Use 11
Professional Offices 11
Public Utility 11
12.12.180 Reserved 11
12.12.190
Recreation Facilities
11
Riding Academy
11
Rooming House
12
12.12.200
Sanitarium (See Home: Rest)
School, Commercial
12
School: Elementary, Junior or
Senior High, Including Public,
Private and Parochial
12
Secondary Use
12
Semi -Private Facility
12
Setback, Yard Requirements
12
Shelter Station
12
Sign
12
Sorority (See Fraternity)
12
Story
12
Street
12
Structure
12
Structural_ Alterations
13
12.12.21.0
Temporary Building or Structure
13
Tourist Home
13
Trailer (Mobile Home)
13
Trailer Camp or Mobile Home Park
13
12.12.220
Use
13
Used Car Lot
13
12.12.230
Variance
13
12.12.240
Reserved
13
12.12.250
Reserved
13
12.12.260
Yard
13
Yard Front
13
Yard Rear
13
Yard Service
14
Yard Side
14
12.12.270
Reserved
14
CHAPTER 12.13
ESTABLISHMENT OF DISTRICTS
15
12.13.010
Zone (Districts) Designations
15
12.13.020
RS Intent.
16
12.13.030
RS Primary Uses
16
iii
12.13.040
RS
Secondary Uses
17
12.13.050
RS
Bulk And Dimensional Regulations
19
Table of Bulk and Dimensional
Requirements for Single Family
Residential Districts
20
12.13.060
RD
Intent
21
12.13.070
RD
Primary Uses
21
12.13.080
RD
Secondary Uses
21
12.13.090
RD
Bulk and Dimensional Regulations
21
12.13.100
RM
Intent'
23
12.13.110
RM
Primary Uses
23
12.13.120
RM
Secondary Uses
24
12.13.130
RM
Bulk and Dimensional Regulations
24
Table of Bulk and Dimensional
Requirements for Multiple
Residence Districts
25
12.13.140
BN
Intent
26
12.13.150
BN
Permitted Use
26
12.13.160
BN
Limitations on Uses
27
12.13.170
BN
Bulk and Dimensional
Regulations
28
12.13.180
BC
Intent
30
12.13.190
BC
Permitted Uses
30
12.13.200
BC
Limitations on Uses
31
12.13.210
BC
Bulk and Dimensional
Regulations
33
12.13.220
CW
Intent
34
12.13.230
CW
Permitted Uses
34
12.13.240
CW
Limitations On Uses
35
12.13.250
CW
Bulk and Dimensional
Regulations
37
12.13.260
CG
Intent
38
12.13.270
CG
Permitted Uses
38
iv
12.13.280
CG Limitations On Uses
41
12.13.290
CG Bulk And Dimensional Regulations
42
12.13.300
OS Intent
43
12.13.310
OS Permitted Uses
43
CHAPTER.1 ,:.14 GENERAL PROVISIONS
44
12.14.010
Intent
44
12.14.020
Peking
44
Table of Minimum Standards
46
Minimum Parking Lot Requirements
48 a.
12.14.030
Loading Areas
49
12.14.040
Fences
50
12.14.050
Performance Standards
50
12.14.060
Planned Unit Development
52
CHAPTER.12.15
DISTRICT BOUNDARIES THEREOF
56
12.15.010
Official Zoning Map
56
12.15.020
Boundary Interpretation
56
12.15.030
Application of Regulations
57
12.15.040
Continuance of Non -Conforming
Use of Buildings
57
12.15.050
Change of Use
57
12.15.060
Vacancy: Termination of Non -
Conforming Use.
57
12.15.070
Change of Tenancy Or Ownership
58
12.15.080
Completion of Pending Construction
58
12.15.090
Maintenance Permitted
58
12.15.100
Restoration of Damaged Building
58
12.15.110
Additions, Enlargements, Moving
58
12.15.120
Expansion Prohibited
59
12.15.130
Continuance of Non -Conforming
Use of Land and Signs
59
v
12.15.140 Abatement Or Required Conformance of
Uses Other Than Those Eligible For
Conditional Use Permit
59
12.15.150
Continuance of Uses Eligible for
Conditional Use Permit
60
12,15.160
Notice of Abatement or Required
Conformance
60
12'.15.170
District Changes
60
CHAPTER 12.16
ADMINISTRATION
62
12.16.010
Building Inspector
62
12.16.020
Records
62
12.16.030
Permits Issued Contrary To This
Ordinance
62
12.16.040
Certificate Of Occupancy And
Non -Conforming Uses
62
12.16.050
Board of Adjustment
63
12.16.060
Powers of the Board
63
12.16.070
Conditional Uses
63
Tables of Conditional Uses
64
12.16.080
Conditional Use Criteria
65
12.16.090
Denials, Compliance
66
12.16.100
Variances: Conditions Governing
Applications: Procedures.
66
12.16.110
Time Decision Effective
68
12.16.120
Meetings
68
12.16.130
Procedure
68
12.16.140
Stay
69
12.16.150
Public Notice And Hearing
69
12.16.160
Violations and Penalties
70
12.16.170
Amendments
70
12.16.180
Interpretation
71
vi
12.16.190 Constitutionality Or Invalidity 72
12.16.200 Repealer 72
12.16.210 Savings 72
12.16.220 When Effective 72
vii
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEW COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF EDMONDS; REGULATING AND RESTRICTING THE USE
OF LAND AND THE USE, BULK, DIMENSIONS AND LOCATION OF BUILD-
INGS AND STRUCTURES; DETERMINING THE AREA AND REGULATION OF
YARDS, COURTS, PARKING PLACES, LDADING AREAS, FENCES, PER-
FORMANCE STANDARDS AND PLANNED UNIT DEVELOPMENT; DIVIDING THE
CITY OF EDMONDS INTO DISTRICTS FOR SUCH PURPOSES; ADOPTING AN
OFFICIAL ZONING MAP FOR SAID CITY SHOWING BOUNDARIES AND THE
CLASSIFICATION OF SUCH DISTRICTS; ESTABLISHING A BOARD OF
ADJUSTMENT; PROVIDING FOR CONDITIONAL USE PERMITS AND VARIEN-
CES; REGULATING USES THAT DO NOT CONFORM TO THE PROVISIONS HEREIN;
PROVIDING FOR ABATEMENT PROCEEDINGS AND PENALTIES FOR THE
VIOLATION OF THIS ORDINANCE; REPEALING THE PREVIOUS COMPREHEN-
SIVE ZONING ORDINANCE OF THE CITY OF EDMONDS, BEING CHAPTER
12.12 OF TITLE 12 OF THE EDMONDS CITY CODE; REPEALING SECTION
12.04.100 OF CHAPTER 12.04 (COMPREHENSIVE PLAN), TITLE 12 of
SAID EDMONDS CITY CODE; AND REPEALING SECTION 3 (ZONING, SAVING)
OF ORDINANCE NO. 1068 PASSED BY THE CITY COUNCIL ON SEPTEMBER 1,
1964.
WHEREAS, the City of Edmonds has undertaken review and
continuing study of its planning policies, Comprehensive Plan,
Ordinances and Official Maps, and
WHEREAS, in conducting said review and study the City
of Edmonds consulted planning consultants Clark, Coleman, and
Rupeiks, Inc., and
WHEREAS, following public hearings and studies by the
Planning Commission of the City of Edmonds, and additional
study and public hearing by the City Council of the City of
Edmonds, said City Council did pass Ordinance No. 1068 on the
the lst day of September, 1964, amending modifying and supple-
menting Title 12 (Zoning and Platting) of the Edmonds City Code
by adopting as the official comprehensive plan for the City of
Edmonds said Title 12 and that Comprehensive Plan prepared by
Clark, Coleman and Rupeiks, Inc., and
WHEREAS, said Comprehensive Plan should be implement-
ed by a revised Zoning Ordinance and a revised Official Zoning
Map, and
WHEREAS, the Planning Commission has conducted exten-
sive study and revision of a proposed Zoning Ordinance submitted
by Clark, Coleman and Rupeiks, Inc., prepared an Official Zoning
Map pursuant to the said Comprehensive Plan, and held public
hearings on said proposed Zoning Ordinance and Official Zoning,
Map, and
WHEREAS, said Planning Commission having considered
the foregoing matters, including expressions from the public
in said public hearings, and having revised and prepared the
final Zoning Ordinance and Official Zoning Map, and having
recommended adoption thereof by the City Council, and
WHEREAS, the City Council having received said
recommendations from the Planning Commission, and having called
a public hearing and given notice thereof, and being fully
advised in the premises, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS DO ORDAIN
AS FOLLOWS:
-2-
CHAPTER 12.12
DEFINITIONS
Section 12.12.010 For the purpose of this Ordinance, certain
words and terms used herein are defined as follows:
All words used in the present tense include the
future tense; all words in the plural number include
the singular number, and all words in the singular
number include the plural number; unless the natural
construction of the wording indicates otherwise. The
word 'lot' includes the word 'plot'; the word 'building'
includes the word 'structure'; and the word 'shall' is
mandatory and not discretionary. The word 'used' shall
be deemed also to include 'designed, intended, or
arranged to be used'. Unless otherwise specified,
all distances shall be measured horizontally. The
word 'City' means the City of Edmonds, in the.County
of Snohomish, State of Washington; the term 'City
Council' means the City Council of said City; the term
'Planning Commission' means the Planning Commission
of said City; the term 'Building Inspector' means
the Building Inspector or Building Official of said
City.
Section 12.12.020 Accessory Building. A subordinate building,
the use of which is incidental to the use of the main building on
the same lot.
Accessory Use. A use incidental and subordinate
to the principal use and located on the same lot or in the same
building as the principal use.
Advertising Structure. See 'Outdoor Advertising
Display.'
Alleq . A passageway open to public travel which
affords generally a secondary means of vehicular access to abutting
lots and is not intended for general traffic circulation.
Alterations. A change or rearrangement of the
structural parts of existing facilities, or an enlargement by
extending the sides or increasing the height or depth, or the
moving from one location to another. In buildings for business,
commercial, industrial or similar uses, the installation or
rearrangement of partitions affecting more than one-third of a
single floor area shall be considered an alteration.
-3-
Apartment mouse. A building or portion of a
building arranged or designed to be occupied by three or more
separate dwelling units.
Area, Building. The total ground coverage of
a building or structure which provides shelter measured from the
outside of its external walls or supporting members or from a
point four feet in from the outside edge of a cantilevered roof,
whichever covers the greatest area.
Section_ 12.12.030 Basement. That portion of a building partly under-
ground and having at least one-half of its height more than five
feet below the adjoining finish grade.
Billboard. An outdoor sign that is over 200
square feet in area and is located and designed primarily for adver-
tising to the motoring public.
Board. 'Board' means Board of Adjustment.
Boarding House. A dwelling unit in which not
more than four roomers, lodgers, and/or boarders are housed or fed.
Boatel. A specialized hotel designed and oper-
ated to provide hotel services and accommodations to the boating
public.
Bu_ilding__Hei_ght. The height of a building is
the vertical distance from the mean ground level to the highest
point of the coping of a flat roof or to the deck line of a man-
sard roof or to the average height of the highest gable of a pitch
or hip roof.
Building. 'Building' means any structure having
a roof, but excluding all forms of vehicles even though immobilized.
When a use is required to be within a building, or where special
authority granted pursuant to this Ordinance requires that a use
shall be within an entirely enclosed building, then the term
'building' means one so designed and constructed that all exterior
walls of the structure shall be solid from the ground to the roof
line, and shall contain no openings except for windows and doors
which are designed so that they may be closed.
Bu_ildinq Line. The -_line beyond which a building
shall not extend into any required yard.
Section 12.12.040 Carport. A structure to house or protect motor
vehicles owned or operated by the occupants of the main building
and which is at least 40 percent, of the total area of its sides,
open to the weather.
Clinic. A building designed and used for the
medical, dental or surgical diagnosis or treatment of patients
under the care of doctors and/or nurses.
IM
Club. An incorporated or unincorporated associa-
tion of persons organized for a social, fraternal, athletic, educa-
tional, literary or charitable purpose. Property occupied by a
club shall be deemed to be semiprivate in character and shall be
subject to the regulations governing public buildings and places,
excluding groups organized primarily to render a service which is
normally considered a business.
Commercial Use An activity with goods, mer-
chandise or services for sale or involving a rental fee.
Commercial Vehicle A motor vehicle used for
purposes other than�a family car, such as a taxi, delivery, or
service vehicle.
Conditional (Special) Use 'Conditional Use'
means a use permitted in one or more zones as defined by this
Ordinance but which, because of characteristics peculiar to such
use, or because of size, technological processes or equipment,
or because of the exact location with reference to surroundings,
streets, and existing improvements or demands upon public facilities,
requires a special degree of control to make such uses consistent
with and cDmpatible to other existing or permissible uses in the
same zone or zones. A conditional use is a form of special
exception.
Conditional Use Permit 'Conditional Use
permit' means the documental evidence of authority granted by the
Board of Adjustment to locate a Conditonal Use at a particular
location.
Condominium Apartment
Cooperative Apartment
(See Apartment House).
(See Apartment House).
Court An open, unoccupied space other than a
yard, on the same lot with a building or buildings and which is
bounded on two or more sides by such buildings or building includ-
ing the open space in a house, court or apartment, providing access
to the units thereof.
:Covered Moorage Building Area Shall be
deemed to be the area of water lying directly beneath that portion
of a structure covered by a roof.
Section 12.12.050 Detached Building A building surrounded on all
sides by open space.
Dock_. A basin for moorage of boats, including
a basin formed between the extension of two piers or the area
between the extension of two piers or the area between a bank
-5-
or quay and a pier. Docking facilities may include wharves,
moorage or docks or any place or structure connected with the
shore or upon shorelands provided for the securing of a boat
or vessel.
Drive -In Business A business where a
customer is permittedorencouraged, either by design of physical
facilities or by service and/or packaging procedure, to carry on
his business, in the off-street parking area accessory to the
business, while seated in his motor vehicle, excluding gas stations
and theaters.
Dwellinq_,__=Ie-Family A detached building
designed for and occupied exclusively by one family and the house-
hold employees of that family.
Dwelling, Two -Family (Duplex) A building con-
taining two kitchens and designed to be occupied by two families
living independently of each other.
_Dwellinq, Multi -Family_ A building,.designed
to house three or more families living independently of each other
and having one yard in common.
Dwelling, Unit A building or portion thereof
providing complete housekeeping facilities for one family. The
term 'dwelling' shall not be deemed to include motel, tourist
court, or tourist home.
Section 12.12.060 Electrical. Distribution Substation An assembly
of equipment designed to receive energy from a high voltage dis-
tribution supply system, to convert it to a form suitable for
local distribution and to distribute the energy to feeders
through switching equipment designed to protect the service from
the effects of faults.
Essential Use That use for the preservation or
promotion of which the use district was created, and to which all
other permitted uses are subordinate.
Established Grade_ The high point of the side-
walk at the front or side lot line as established by the City.
Sect_ion_12.12.070 Family_ One or more persons related by blood,
marriage, adoption or a group of not more than six persons
(excluding servants) not related by blood or marriage, living
together as a single housekeeping unit in a dwelling unit.
Floor area The sum of the gross horizontal
areas of the floors of a building or buildings, measured from the
exterior faces of exterior walls and from the centerline of
division walls. Floor area shall include: basement space,
elevator shafts and stairwells at each floor, mechanical
equipment rooms or attic spaces with headroom of 7'6" or more,
penthouse floors, interior balconies and mezzanines, enclosed
pbrches. Floor area shall not includes accessory water tanks
and cooling towers, mechanical equipment or attic spaces with
headroom of less than 7'6", exterior steps or stairs, terraces,
breezeways and open spaces.
F_raternit , Sotntit , or Student Cooperative
A building occupied by and maintained exclusively for students
affiliated with an academic or professional college or univer-
sity, or other recognized institution of higher learning and
regulated by such institution.
Section 12.12.080 Garage, Commercial A building or portion
thereof designed and used for the storage, repair or servicing
of motor vehicles or boats as a business.
Gas Station Any area of land, including the
structures thereon, that is used for the sale of gasoline or
other motor fuels, oils, lubricants and auto accessories and
which may or may not include washing, lubricating, and other
minor servicing but no painting operation.
Guest House A detached structure, being an
accessory to one -family dwelling with not more than two bed-
rooms, having no kitchen facilities, and which shall be used
and/or designed for use primarily by guest and/or servants primarily
for sleeping quarters,
Section 12.12.090 Home: Rest, Convalescent, Nursing 'Rest
home', 'convalescent home', and'nursing home', means a home
operated similarly to a boarding house but not restricted to
any number of guests or guest rooms, and in which nursing,
dietary or other personal services are furnished to convales-
cents, invalids or aged persons, but in which homes are kept
no persons suffering from an acute mental sickness, or from a
contagious or communicable disease, and in which homes are
performed no surgery or other primary treatments such as are
customarily provided in hospitals, and in which no persons are
kept or served who normally would be admitted to a mental
hospital.
Home, Retirement, For the Aged A place of
residence for several families or individuals in apartment -like
quarters, rented, cooperative, or condominium, which may feature
-7-
services to retired persons such as limited nursing facilities, minimum
maintenance living accommodations, and recreation programs and facilities.
*Home Occupation An economic enterprise conducted
within a residential dwelling, an apartment, or buildings accessory to such
dwelling units. Such enterprise is clearly incidental and secondary to
residential use of a home or apartment. A home occupation is also an
activity which involves the use of a dwelling unit as a business address
in the phone directory or as a Post Office mailing; address.
Hospital An establishment which provides acconno-
dations, facilities, and services over a continuous period of 24 hours or
more, for observation, diagnosis, and care of two or more individuals, not
related by blood or marriage to the operator, who are suffering from illness,
injury, deformity, or abnormality, or from any condition requiring obstetrical,
medical, or surgical services.
Hospital, Anil A building or premises for the
medical or surgical treatment of animals or pets, including dog, Gat, and
veterinary hospitals, including the boarding of hospitalized animals but
excluding the boarding of animals not subjected to medical or surgical
treatment.
Hotel Any building or portion thereof containing
five or more separately occupied rooms that are rented, or hire out to be
occupied or which are occupied for sleeping purposes for compensation,
whether the compensation be paid directly or indirectly. A central kitchen
and dining room and accessory shops and services catering to the general
public can be provided. Not included are institutions housing persons under
legal restraint or requiring medical attention or care.
Section 12.12.100 -Institution, Educational A college, junior college,
or university supported by public or private funds, tuitions, contributions,
or endowments, giving advanced academic instructions as approved by the State
Board of Education or by recognized accrediting agency, excluding pre-school,
elementary and junior and senior high schools, and trade and commercial
schools; including fraternity and sorority houses.
Section 12.12.110 Junk Yard A lot, land, or structure, or part thereof,
used for the collecting, storage, and sale of waste paper, rags, scrap metal,
*(Am. 1366 - 6/3/68)
d1
i
or discarded material, or for the collecting, dismantling, storage, salvaging,
or sale of -parts of machinery or vehicles not in running condition.
Section 12.12.120 Kennel, Commercial Any lot or building in which four or
more dogs and/or cats at least four months of age are kept commercially for
board or propagation or treatment.
Kitchen Any rooms designed to be used for cooking and/or
preparation of food.
Section 12.12.130 Lot A lot in the meaning of this Ordinance, is a single
trace of land, no matter how legally described, whether by metes and bounds and/or
by lot or lots and block designation as in a -recorded plat, which at the time
of applying for a building permit is designated by its owner or developer as
the tract to be used, developed, or built upon as a unit of land and assigned
to the particular use for which the building permit is being secured and having
frontage on or access to a public street.
Lot Area The total horizontal area within the boundary
lines of a lot-. Where street easements are located within or bordering a parcel,
lot area computation shall not include that area contained within the easement.
Lot, Corner A lot at the junction of and fronting on
two or more:intersecting streets.
Lot, De]th The mean dimension of the lot from the front
street line to the rear line.
Lot, Interior A lot fronting on one street.
Lot Tyro A lot fronting on two streets that do not
intersect on the parcel , lot lines.
Lot, Width The dimension of the lot line at the street,
or in an irregular shaped lot the dimension across the lot at the front building
line, or in a corner lot the narrow dimension of the lot at the building line.
Section 12.12.140 Mean Depth The mean depth of a lot is the depth of such
lot measured on a line approximately - perpendicular to the fronting street and
midway between the side lines of such lot.
Mean Ground Level The average of the finished ground level
at the center of all exposed walls of a building. Where walls are parallel to
and within five feet of a sidewalk, the sidewalk shall be considered the mean
ground level.
;Mobile Home A single fnily dwelling over 32' in length,
assembled complete with househoa.d appliances, and transported to a site ready
for occupancy.
*(Am. 1397 - 11/19/68)
Mobile Home Park Land designed or used for tem-
porary or permanent parking of two or more mobile homes.
Moorage A place to tie up or anchor a boat or
vessel.
Motel A motel is a building or buildings,
detached or in connected units or designed as a single structure,
the units of which are used as individual sleeping units having
their own private toilet facilities and may or may not have their
own kitchen facilities, and are designed primarily for the accommo-
dation of transient automobile travelers. Accommodations for trail-
ers are not included. This term includes tourist court, motor lodge,
auto court; cabin court, motor inn and similar names.
Motor Hotel. A specialized hotel designed and
operated to provide hotel services and accommodations to the motor-
ing public and the sleeping accommodations normally do not exceed
one week's duration.
Section 12,.12.150_ Non-confor.min_gg Building Use The use of a build-
ing or structure which was a -lawful use at the time this Ordinance
became effective but which use, because of the passage or applica-
tion of this Ordinance, or amendment thereof, does not conform to
the regulations of the district in which the use axiszts.
Non -conforming ILLand Use The use of land which
was a lawful use at the t:ne_ this Ordinance became effective but
which use, because-, of the passage or application of this Ordinance
or amendment thereof: does not conform to the regulations of the
district in which the use exists.
Non -conforming Use A use which lawfully occu-
pied a building or land at the time this Ordinance became effective
but which use; because of the passage or application of this Ordi-
nance, or amendment thereof, does not conform with the use regula-
tions of the district in which it is located.
Nursery, Day An agency or institution which
provides supplemented parental carts duryng the day or by the hour
for a group of children, w th or without compensation.
Section_ 12.12.1.60 Off -Street Pa,-k.ing Parking facilities for
motor vehicles or other than, a public street or Gilley.
Oj;en Srace Any part of a lot unobstructed from
the ground upward.
Outdoor Advertising Displays Advertising Struc-
ture Any car3, cloth, papez. metal painted signs, wooden, plaster,
stone or other sign of :_ar.y kind or character whatsoever placed for
outdoor advertising purposes on the ground or on any tree, wall,
bush, rock, post,
-10-
(Edmonds 7/31/66)
fence, building, structure, or thing whatsoever. The term "placed" as used in
the definitions of "outdoor advertising sign" and 'outdoor advertising structure"
shall include erecting, construction, posting, painting, printing, tacking, nailing,
glueing, sticking, carving, or otherwise fastening, affixing, or making visible in
any manner whatsoever.
Section 12.12.170 Parking S2ace A space within or without a building exclu-
sive oF Triveway—s, at least 101 x 201, used to temporarily park a motor vehicle
and having access to a public street or alley.
Permitted Use Any use authorized or permitted alone or in
conjunction with another use in a specified district and subject to the limita-
tions of the regulations of such use district.
Primary Use The principal or predominant use to which the
property is or may be devoted, and to which all other uses on the premises are
accessory.
Professional Offices Offices maintained and used as a
place of business conducted by persons engaged in the healing arts for human
beings, such as doctors and dentists (but wherein no overnight care for patients
is given), and by engineers, attorneys, architects, accountants, and other
persons providing services utilizing training in and knowledge of the mental
discipline as distinguished from training in occupations requiring mere skill
or manual dexterity or the handling of commodities.
Public Utility A public service corporation performing
some public service and subject to special governmental regulations, or a
governmental agency performing similar public services, the services by either
of which are paid for directly by the recipients thereof. Such services shall
include, but are not limited to, water supply, electric power, gas and trans-
portation for persons, and freight.
Section 12.12.180 Reserved.
Section 12.12.190 Recreation Facilities Facilities such as boat or yacht
clubs, swimming pools, athletic clubs, golf and country clubs, for the use of
the general public and operated by a municipal corporation, or by clubs or
semi -private facilities.
*Restaurant An establishment where food, without lodging,
is habitually furnished to the public and may include liquor by the drink for
consumption on the premises, cocktail lounges, or tap rooms having retail licenses
from the Washington State Liquor Control Board for selling distilled spirits,
beer, or wine under liquor licenses with the classification "C", "D", or "H".
No alcoholic beverages may be sold for consumption off the premises and minors
must be permitted to be on the premises under the laws and rules and regulations
of the Washington State Liquor Control Board. Taverns or other licensees of the
Washington State Liquor Control Board holding a Class "A" or "B" license shall
not be considered a restaurant.
Riding Academy Any establishment where horses are kept for
riding, driving, or stabling for compensation or as an accessory use in the
operation of a club, association, ranch, or similar establishment.
*(Am. 1413 - 2/18/69)
-11-
to
0
Rooming House Same as.'Boarding House'.
Section 12.12.200 Sanitarium (See Home: Rest)
School, Commercial_ A building --,where instruction
is given to pupils in arts, crafts or trades, and operated as a
commercial enterprise as distinguished from schools endowed and/or
supported by taxation.
School: Elementary, Junior Or Senior High,
Including Public, Private And Parochial An Institution of .learning
which offers instruction in the several branches of learning and
study required to be taught in -the public schools by the Washington
State Board of Education.
Secondary Use (Incidental Or Accessory) A
minor or second use for which a lot, structure or building is
designed or employed in conjunction with but subordinate -,to
its primary use.
Semi -Private Facilit Any facility to which a
class or a group of the public is permitted to attend or use subject
to the regulations of a club or other organization owning or
regulating such facility.
Setback, Yard R-,uirements. The distance
that buildings or uses must be removed from their lot lines.
Setbacks shall be measured, where applicable, from proposed
or actual public or private street right-of-way lines.
Shelter Station A shelter for the protection
from the elements of the waiting customers of a public transpor-
tation system.
Sign Any device for visual communication that
is used for the purpose of bringing the subject thereof to the
attention of the public.
Sorority See Fraternity.
Story That part of a building lying between
two floors or between the floor and ceiling of the highest usable
level in the building.
Street A public thoroughfare which affords
the principal means of access to abutting properties.
Structure
ed and erected permanently on
having a permanent location on
A combination of materials construct -
the ground or attached to something
the ground. Not included are
-12-
0
residential fences less than six feet in height, retaining walls, rockeries,
and similar improvements of a minor character less than three feet in height.
Structural Alterations Any change in load or stress of
the loaded or stressed members of a building or structure.
Section 12.12.210 ***Tavern An establishment where beer and/or wine is furnished
to the public, which holds a Class "B" license from the Washington State Liquor
Control Board in which said alcoholic beverages may be dispensed for consumption
on the premises and in which beer may be sold for consumption off the premises,
and in which minors are prohibited from entry under the laws and rules and
regulations of the Washington State Liquor Control Board. For purposes of this
Ordinance, licensees of the Washington State Liquor Control Board holding only
a Class "A" license shall be allowed only where taverns are permitted by this
Ordinance.
T orary Building or Structure Not having or requiring
permanent attachment to the ground or involving structures which have no required
permanent attachment to the ground.
Tourist Home A private residence having not more than
three rooms for hire to transients for only sleeping accommodations and whose
trade is seasonal in character.
**Trailer A vehicle designed for short-term living with
self-contained water, electrical, and sanitary facilities, and small enough
to be towed by a standard automobile.
*Trailer Park Land designed or used for the temporary
parking of two or more trailers.
Section 12.12.230 Variance A variance is the means by which an adjustment
is made in the application of the specific regulations of this Ordinance to
a particular piece of property, which property because of special circumstances
applicable to it, is deprived of privileges commonly enjoyed by other properties
in the same zone or vicinity and which adjustment remedies disparity in privi-
leges. A variance is a form of special exception.
Section 12.12.240 Reserved
Section 12.12.250 Reserved
Section 12.12.260 Yard The required open space in front, rear, or side on
the same lot with a bu li ding or proposed building. Eaves may protrude into a
yard, but shall not so protrude more than thirty inches into any required yard.
Yard, Front The required open space extending from the
principal street line to the building line and including the full width of the
lot to its side lines. Front yards, where required, shall be measured from
the building line to the actual or proposed street right-of-way line, the
latter being established by the Official street maps set forth in Chapter
12.03 of the Edmonds City Code, whichever is the closer to the building line.
*(Am. 1165 - 12/21/65)
**(Am. 1397 - 11/19/68)
***(Am. 1413 - 2/18/69) -13-
Yard, Rear The required open space extending from
the rear lot line to the building Line and including the full width of the
lot to its side lines.
Yard, Service An open area, usually paved with
access to a street or alley, to allow vehicular access to a building or
use for purposes of loading or unloading equipment, freight, livestock or
people.
Yard, Side The required open space extending from
the front yard to the rear yard and from -the main building line to the side -
lot line.
Section 12.12.270 -Reserved
-14-
CHAPTER 12.13
ESTABLISHMENT OF DISTRICTS
Section 12.13.010 The City of Edmonds is hereby divided into the
following classes of zones (districts) in accordance with the
Comprehensive plan
RS - 20 20,000 Single -Family Residence, Low Density Zone
RS - 12 12,000 Single -Family Residence, Low Density Zone
RSW- 12 12,000 Single -Family Residence, Low Density
Waterfront Zone
RS - 8 8,000 Single -Family Residence, Medium Density
Zone
RS - 6 6,000 Single -Family Residence, High Density Zone
RD Two -Family (Duplex) Zone
RML Multiple -Family Low Density Zone
RMH Multiple -Family High Density Zone
BN Neighborhood Business Zone
BC Community Business Zone
CW Waterfront Commercial Zone
CG General Commercial Zone
OS Open Space Zone
-15-
RS - Single Family Residential Districts
Section 12.13.020 Intent (RS). The purpose of the RS classification is to
create, protect, or maintain a living environment composed of certain quite, low -
density, single-family detached dwellings in areas now so developed and adjacent
vacant areas likely to be developed for such purposes. The regulations for each
district are drafted to stabilize and protect the essential characteristics of each
district, to promote and encourage a suitable environment for family life where
children are members of many families, and to prohibit activities of a commercial
nature that would substantially increase traffic generation on minor streets, inter-
fere with continuation of single-family dwellings or construction thereof, or create
excessive requirements and costs for public services. Such costs might include
police and fire protection, water supply and sewerage, and extra street construction
or reinforcement, substantially in excess of such requirements and costs if the
district were developed solely for single-family dwellings. A further related
consideration is to render more efficient and economical the installation and mainten-
ance of all physical public service facilities in terms of size and capacity to
adequately and permanently meet needs resulting from a defined intensity of land
use.
Section 12.13.030 Primary Uses (RS). In an RS zone the following primary
uses only are pexn-Litted and as ereinafter specifically provided and allowed by
this section, subject to the off-street parking requirements and the general
provisions and exceptions set forth in this title.
A. Single-family dwelling, but specifically excluding mobile homes
and trailers:
B. Parks, publicly owned and operated, provided:
1. No permanent bleachers or stadiums are permitted if the size is
less than 10 acres and no public amusement devices for hire are
permitted;
2. Any light provided to illuminate any building or recreational
area shall be arranged so as to reflect light away from the lot
in a residential district;
3. Any building or structure or service yard on the side shall
maintain a distance not less than 50 feet from a property line
that is in common with a lot in a residential district and
from a public street.
C. Schools and Educational Institutions; public, private and/or
parochial, provided that:
1. All buildings, including accessory buildings and structures, shall
not cover more than 40 percent of the area of the site;
-16-
2. No less than the following minimum site areas are
suggested:
a. For Elementary Schools 5 acres + 1/100 pupils
b. For Junior High Schools 28 acres + 1/100 pupils
C. For Senior High Schools 30 acres + 1/100 pupils
d. For Junior Colleges 40 acres or more
3. Front yards of no less than that required in the
district in which the site is located;
4. Side and rear yards shall be a minimum of 50 feet each.
D. Libraries, publicly owned and operated;
E. Art gallery or museum, when located in a public park '
F. Churches, auditoriums, and recreation facilities, includ-
ng_clubs, provided that
1. Building area shall not exceed 35 percent of the
lot area;
2. Front yards comply with requirements of the district
in which it is located;
3. Buildings shall be no closer than 30 feet to any
property line;
4. On interior and through lots the required side yards
may be used to provide off-street parking areas and
on corner lots the interior side yard may be so used.
In no case may the required front yard or side yard
on the side street be used for off-street parking;
5. All lights provided to illuminate any parking area
or building shall be so arranged as to direct the
light away from any adjoining premises;
6. A solid wall or view -obscuring fence or coniferous
hedge not less than five nor more than six feet, be
installed and maintained on any property line common
with or abutting any residentially classified property.
Section 12.13.040 Secondary Uses (RS) In an RS zone the following
non-commercial ^uses only are permitted as secondary uses and as here-
inafter specifically provided and allowed by this section, subject
to the general provisions and exceptions set forth in this title.
A. Accessory buildings, structures, and uses including the
following:
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Q
C.
1. Guest house;
2. Private garages, carports, parking spaces designed to
accommodate not more than four cars;
3. Small animals (household pets)not to exceed three in
any combination thereof, when kept on the same lot
as the residence of the owners of such pets;
4� Privately owned non-commercial stables and keeping
of horses for personal use, provided that such use
must be Qn a lot of at least twelve thousand (12,000)
square feet in area (irrespective of the zone), and
provided that all such stables are kept at least
thirty (30) feet from any street or side lot lines.
This use shall not be permitted in any place which
will endanger public health or safety as determined
by the Edmonds City Health Officer.
5. Roomers, limited to two;
Private docks and mooring facilities and a private
boat house or hangar for the stile use of occupants
of the premises and their guests, to accommodate
private non-commercial pleasure craft, provided
that such docks, moorages, boat houses, and appur-
tenances thereto be in harmony with the character
of the principal structure and the dwellings in the
district.
.+ Shelter Stations.
Greenhouses, private and non-commercial, for propagation
and culture only and no sales from the premises shall be
permitted;
Amateur radio tower subject to conditional use permit grant;
D Swimming pools and other recreational facilities for the
sole use of occupants of premises and their guests;
E. Home occupations, subject to grant of conditional use
permit;
F. Day nurseries and private kindergartens, subject to grant
of conditional use permit, provided there is established
and maintained in connection therewith, a fenced and
screened play lot on the premises, with a miniMw area
of 400 square feet in size, plus an additional 40 square
feet for each child in excess of ten. Such use shall not
be alld within 500 feet of B- or C-zoned district.
G. Plant nurseries, subject to grant of conditional use permit.
OrM
H. Signs, as follows:
1. Name plates not exceeding three square feet in area;
containing the name and/or address of the occupant
of the premises;
2. One unlighted sign not exceeding six square feet
in area pertaining only to the sale, lease or hire
of only the particular building, property or premises
upon which displayed, and for no more than three months.
3. Where dimensional and other regulations are in
conflict with Ordinance 973 Uniform Sign Code, as
amended, the more stringent regulation shall apply.
Accessory buildings and structures shall observe front
and side yard restrictions applied to the principal struc-
ture and shall observe a five-foot setback from the rear
lot line.
Section 12.13.050 Bulk And Dimensional Regulations (RS). In recog-
nition of the variations in topographical conformations and geograph-
ical relationships in the Edmond�_Planning Area and the advantages
that can attach to living conditions, including considerations of
health, safety, morals and general welfare and the amenities of
living which naturally relate to the areas devoted to residential
and related purposes, there are established in the RS classification
five minimum required lot area standards with respect to each of
which different related yards and open spaces are required as set
forth herein and, as to location, are identified on the official
zoning map, and its copies, by the designations RS-20, RS-12, RSW-12,
RS-8, and RS-62
A. The minimum required area of a lot in an area designated
as RS-20 shall be 20,000 square feet;
B, The minimum required area of a lot in an area designated
as RS-12 shall be 12,000 square feet;
C. The minimum required area of a lot in an area designated
as RSW-12 shall be 12,000 square feet, some portion of which
is waterfront, measured from the line of ordinary high
water inland and provided that each lot abut a publicly
accepted street right-of-way or easement approved by the
Planning Commission,-
D. The minimum required area of a lot in an area designated
as RS:-8 shall be 8,000 square feet;
E. The minimum required area of a lot in an area designated
as RS-6 shall be 6,000 square feet;
-19-
F.
The maximum height in RS zones shall be as set forth
below in the Table of Bulk and Dimensional Requirements,
except for church steeples, chimneys, antenna, and
similar uses as may be incidental to permitted uses
of the main building.
G.
Corner lots shall observe the minimum required front
yard setback from both streets, exclusive of alleys.
H.
Uncovered porches, steps, patios, and similar struc-
tures may extend into a required yard setback provided
that they project into the yard setback not more than
4 feet and not more than 30 inches above the ground
level at the building line.
I.
If building existing at the time'of passage of this
chapter occupy fifty (50) percent or more of the
frontage in any block, and on one (1) side of the
street, then the depth of the front yard required by this
chapter shall be disregarded on that side of the
street in such block and in lieu thereof the depth
of the front yard required on each lot therein shall be
not less than the average depth of the front yards
existing at the time of the passage of this chapter;
provided that the front yard required on any lot,
which lies between and contiguous to two (2) lots
on which are located buildings, need not have a
depth greater than that of one (1) of the two (2)
front yards on such contiguous lots that has the
greater depth.
TABLE OF BULK AND DIMENSIONAL REQUIREMENTS
FOR SINGLE FAMILY RESIDENTIAL DISTRICTS
Zone Minimum Lot size Minimum Yard Sizes Max.Lot Max. Minimum
Area
Width Front Side Rear Coverage Hgt. Off St.
(Sq.Ft)
(Feet) (In Feet) (Percent) (ft.) Parking
Space
per d/u
RS-20 20,000
100 25 15 25 20 35 1
RS-12 12,000
80 25 7 1/2 25 35 30 1
RSW-12 �2,000
80 15 7 1/2 35 35 30 1
RS-8 8,000
70 15 5 15 35 30 1
RS-6 6,000
60 15 5 15 35 30 1
-20-
RD - Two Family Dwelling Districts
Section 12.13.060 Intent (RD) The principal intent of the RD classification
and its application is to protect quiet residential areas now developed or
developing, while at the same time allowing a limited increase in population
density in those areas to which this classification applies by permitting two
attached dwelling units on a minimum -sized lot. The maintenance of a desirable
living environment is provided for by means of the standards and requirements
establishing minimum lot areas and yards and open spaces. Additionally, a
related consideration is to make it possible to more efficiently and economically
design and install all physical public service facilities in terms of size and
capacity to adequately and permanently meet the needs resulting from a defined
intensity of land use.
Section 12.13.070 Primary Uses (RD). In an RD zone only the following
primary uses are permitted and as hereinafter specifically provided and allowed
by this section, subject to the general provisions and exceptions set forth
in this title.
A. Two-family (duplex) dwellings;
0i* B. Any primary use permitted in the single-family, RS, classification
as described and regulated therein; but specifically excluding
Mobile Homes and Trailers.
Section 12.13.080 Secondary Uses (RD). In an RD zone only the following
secondary uses are permitted and as hereinafter specifically provided and
allowed by this section, subject to the general provisions and exceptions
set forth in this title.
A. Any secondary use permitted in the single-family, RS, classifi-
cation as described and regulated therein except as follows:
1. Guest House;
2. Roomers;
3. Small animals (household pets) exceeding one per household;
4. Stables or horses.
Section 12.13.090 Bulk and Dimensional Regulations (RD)
*A. Minimum Lot Area: The minimum required lot area shall be 6,000
square feet; 5,000 square feet for the first dwelling unit and
1,000 square feet of additional contiguous area for the additional
dwelling unit;
{(Am. 1243 - 11/l/66)
**(Am. 1397 - 11/19/68)
-21-
B.
Lot Width: Every lot in the RD zone shall have
a width of not less than 60 feet;
C.
Front Yard: Every lot in the RD zone shall have a
front yard with a depth of not less than 25 feet;
D.
Side Yards: Every lot in an RD zone shall have side
yards of at least 5 feet;
E.
Rear Yard: Each lot in an RD zone shall have a rear
yard of not less than 25 feet measured from the rear
property line;
F.
Permissible lot coverage. Except for churches,
community and non commercial recreation facilities
including clubs and schools, which shall conform
to the lot coverage limitations set forth for each
in the RS classification, all building, including
accessory buildings and structures, but not including
any open areas used to provide required parking,
shall not cover more than 35 percent of the total
area of an interior lot and not more than 40 percent
of the total area of a corner lot;
G.
Maximum Building Height: In an RD zone no structure
shall exceed a height of 30 feet except for church
steeples, chimneys, antenna and similar uses as may
be.incidental to the permitted uses of the main
building.
H.
Accessory buildings and structures shall observe
front and side yard restrictions applied to the
principal structure and shall observe a five-foot
setback from the rear lot line.
-22-
(Edmonds 11/10/66)
RM - Multiple Residence Districts
Section 12.13.100 Intent (RM) The principal objective and purpose to be
served by the RM classification and its application is to establish areas
permitting a greater population density than is allowed in more restrictive
classifications, while at the same time maintaining a residential environ-
ment consistent with such greater population density. By establishing two
RM districts, it is intended to allow both a choice of density to potential
residents and a more intensive use of certain smaller parcels. It is also
the purpose of this classification to make it possible to more efficiently
and economically design and install all physical public service facilities
in terms of size and capacity to adequately and permanently meet needs
resulting from a defined intensity of land use.
Section 12.13.110 Primary Uses (RM) In an RM zone only the following
primary uses are permitted and, as hereinafter specifically provided and
allowed by this section, subject to the off-street parking requirements
and the general provisions and exceptions set forth in this title.
A. Multiple -family dwellings; apartments, cooperatives, condominiums;
if9B. Any primary use permitted in the RS and RD zones, as regulated
therein, but specifically excluding Mobile Homes and Trailers;
C. Boarding and rooming house, not to exceed four persons at
board;
D. Fraternity and Sorority houses;
E. Municipal buildings, police and fire stations;
*F. Professional offices, subject to Conditional Use Permit grant;
G. Nursing, convalescent and rest homes; home for the aged,
sanitariums;
H. Hospitals, except alcoholic, mental, and penal;
I. Retirement homes.
Section 12.13.120 Secondary Uses (RM) In an RM zone the following uses
only are permuted as secondary uses and as hereinafter, specifically pro-
vided and allowed by this section.
A. Any secondary use permitted in the RS and RD residential
classifications, as described and regulated therein, except
as follows:
1. Guest house;
*(Am. 1293, 4/18/67)
**(Am. 1397, 12/2/68)
-23-
2. Small animals (household pets) exceeding one per family in
residence;
3. Stables or horses;
4. Signs may be utilized not exceeding 60 square feet of area, and
shall be used exclusively to advertise the business conducted,
goods sold, or services rendered on the premises, provided
such signs shall neither exceed the permitted height limitation
of the building to which it is attached nor extend over a public
way more than three feet, and shall conform with the regulations
set forth in Section 12.13.160 F (1 and 3).
B. Garages provided for exclusive use of residents; such garages or
parkin; structures shall not exceed two stories or a maximum of 20
feet in height above mean finished grade;
C. Greenhouses, private and non-commercial, for propagation and culture
only, not to exceed 40 square feet of bed area;
D. Motels without restaurants or food service, subject to grant of
Conditional Use Permit;
*E. Beauty shops, specifically excluding barber shops, subject to the
grant of a Conditional Use Permit, in the following uses only:
multiple -family dwellings; apartments; cooperatives; condominiums;
nursing, convalescent, and rest homes; homes for the aged; retirement
homes; and professional office clinics, provided that the professional
office clinic must be located within 200 feet of a commercially zoned
area and abut an arterial street.
Section 12.13.130 Bulk and Dimensional Regulations (RM) In recognition of the
demand for both centrally -located and automobile -oriented multiple -family resi-
dences, two RM classifications are established, each with differing bulk and
dimensional regulations in accordance with the densities to be achieved.
A. Churches, community and non-commrcial recreation facilities, clubs,
and schools shall conform to the lot coverage limitations set forth
for each in the RS classification. Lot coverage restrictions apply
to all structures, principal and accessory, but not to open areas
used to provide required parking;
B. All parking areas shall be improved and maintained as required by
Chapter 12.14 of the Code;
C. The maximum height in RM zones shall be as set forth below in the
Table of Bulk and Dimensional Requirements for Multiple Residence
Districts, except for church steeples, chimneys, antennas, and
similar uses as may be incidental to the permitted structures.
*(Am. 1103 - 5/31/65)
**(Am. 1167 - 1/3/66)
*(Am. 1178 - 2/14/66)
-24-
as may be incidental to the permitted structures.
D. In the event there is enough property so that there is
at least 50% of the required square footage for an
additional unit another unit may be built subject to
the grant of a conditional use permit..
TABLE OF BULK AND DIMENSIONAL REQUIREMENTS FOR
MULTIPLE RESIDENCE DISTRICTS
RML Zone RMH Zone
Lot Area Required First D/U2, First D/U2,
Per D/U2 2,600 sq. ft.; 2,800 sq. ft,;
Each additional Each additional
D/U 2,000 sq.ft. D/U 1,250 sq.ft.
Minimum Yard Sizes (In ft.)
Frontl, 3
Side3
Rear
Max. Lot Coverage (%)
Max. Height (In ft.)
Min. Lot Width (In ft.)
Off-street .Parking per D/U2
15
20 total
5 minimum
10 between
buildings
20
45%
Corner Lot 50%
35 or 3 stories
60
1.5
15
20 total
5 minimum
10 between
buildings
20
50%
Corner Lot 60%
35 or 3 st-ories
None specified
1.5
lCorner lots shall observe a 15 foot setback from both streets,
exclusive of alleys.
2Dwelling Unit.
3Front and side yard requirements of multiple family dwellings
are not applicable in the BC Zone provided that all other bulk
and dimensional requirements are observed.
-25-
0
0
0
0
40
BN - NEIGHBORHOOD BUSINESS DISTRICTS
Section 12.13.140 Intent (BN). The principal objective and purpose
to be served by the BN classification and its application is to
provide for the location of and grouping of compatible uses
having common performance standards, in that they involve retail
enterprises dispensing commodities, providing professional services,
or providing personal services to the individual, none of which
involve more than, incidental and limited assembly, fabrication,
or storage of commodities. These services are considered of a
convenience nature and are intended to serve the everyday needs
of a limited neighborhood area, and whose clientele include the
pedestrian. To meet this need the facilities permitted in this
classification may locate adjacent to neighborhood residential
areas and to minimize the otherwise adverse effects of increased
traffic, glare, noise and other possible nuisance, limitations
upon building height, floor space and other' such controls are
imposed. It ig also the purpose of this classification to make
it possible to more efficiently and economically design and
install all physical public service facilities in terms of size
and capacity to adequately and permanently meet needs resulting
from a defined intensity of land use.
Section_12.13.150_ Permitted Use (BN) In a BN zone only the
following uses are permitted as hereinafter specifically provided
and allowed by this section, subject to the general provisions
and exceptions set forth in this title.
A. Retail enterprises dispensing on -premises food, services,
or commodities except commercial garages, used car
lots, taverns, theaters, auditoriums, undertaking
establishments, and second-hand stores; and which may
involve only incidental repair or fabrication of
services or commodities on the premises;
B. Business offices, professional offices and clinics and
any type of enterprise rendering professional or
personal Services not elsewhere herein excluded,
provided:
1. The professional service does not include
commercial kennels or animal hospitals.
2. The professional service does not involve keeping
the person receiving the service overnight on the
premises;
Residential, as regulated in R-districts;
-26-
D. Public Utility installations relating directly to
local distribution of services including switching
and transmission stations except warehouses, service
yards, and transportation for freight;
E. Public off-street parking facilities, whether publicly
or privately owned and operated, provided any area so
used shall not be used for a vehicle, trailer or boat
sales area or for the accessory storage of such
vehicles;
F. Clubs;
G. Public office buildings, art galleries, museums,
libraries, police and fire stations;
H. Self-service coin -operated laundry and dry cleaning
establishments.
I. Drive -In businesses, subject to conditional use permit
grant.
Section 12.13.160 Limitations on Uses (BN). Those permitted uses
locating in a BN zone shall be subject to the following further
conditions and limitations:
A. All uses shall conform to the general provisions and
exceptions concerning off-street parking and loading
area standards of number, area, surface screening, and
maintenance as required by Chapter 12.14 of this Code;
B. All uses shall be conducted wholly within an entirely
enclosed building except:
1. Public utility installations,
2. Parking and loading areas,
3. Public off-street parking lots,
4. Drive -In businesses,
5. Gas Stations,
6. Plant nurseries.
C. All products made incident to a permitted use which are
repaired, fabricated, processed or treated on the pre-
mises shall be sold on the premises only and at retail
only, and not more than three persons may be employed
for other purposes than sales or service;
D. All operations conducted on the premises shall not
constitute a nuisance by reason of smoke, fumes, odor,
-27-
steam, smoke, gases, vibrations, noise, hazards or
other causes, beyond the property boundary lines and
shall comply with the provisions of Section 12.14.050
of this Code;
E. All sites having a common boundary line with an 'RS'
classified property shall have erected and maintained
a view -obscuring wall, fence or coniferous hedge not
less than five feet, nor more than six feet in height
for screening purposes and controlling access. Where
the wall of a building is on such common property line,
no separate wall or fence need be installed along that
portion of the boundary occupied by the building. Public
utility installations need only fence and screen with
appropriate materials such as base plantings of conif-
erous plant material on the fences to minimize the
industrial character of such installations and fences,
that equipment indigenous to the installation with the
area surrounding the fenced and screened enclosure
landscaped and planted to create a parklike atmosphere;
F. Only the following signs are permitted, subject to the
following limitations:
1. No blinking, flashing, or moving sign or appur-
tenance thereto, other than simple illumination,
is permitted;
2. One sign not exceeding 50 square feet of area,
shall be used exclusively to advertise the business
conducted, goods sold, or professional services
rendered on the premises, provided such sign
neither exceeds the permitted height limitation
of the building to which it is attached or extends
over a public way more than three feet;
3. Where dimensional and other regulations are in
conflict with Ordinance 973 Uniform Sign Code,
as amended, the more stringent regulation shall
apply.
Section 12.13.170 Bulk and Dimensional Regulations (BN).
Minimum
lot
area,
none specified;
B.
Minimum
lot
width,
none specified;
Minimum setback requirements:
1. Front yard: 30 feet except buildings on corner lots
shall observe a minimum setback of 30 feet on both
streets;
2. Side yards: 5 feet wl-we abutting an 'R° classified
zone;
3. Rear yards: 20 feet.
Permitted lot -coverage: not to exceed one square foot
of building floor area for each three square feet of
lot irea;
Maximum building height: no building in a BN zone
shall exceed a height of three stories or in any case
30 feet in height, except church steeples, chimneys,
antenna and similar uses as may be incidental to
permitted structures.
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0
0
0.
BC - Community Business Districts
Section 12.13.180 Intent (BC). The principal objective and pur-
pose to be served by the BC classification and its application,
is to provide for the location of and grouping of compatible
uses having common performance standards in that they involve
primarily retail enterprises dispensing commodities, providing
professional services or providing personal services to the
individual, none of which involve more than incidental and limited
assembly, fabrication or storage of commodities. By concentrating
such uses it is intended to create "centers" of commercial and
related activity which, in addition to providing "convenience
goods", would offer a wider range of services and shopping goods
than is permitted in the BN classification. By establishing
maximum permissible floor areas and excluding most uses which
require outdoor display or sales areas, it is intended to concen-
trate a maximum number and variety of facilities within each such
area so classified so as to be in the convenience and interest of
shoppers -and patrons on a community -wide basis rather than a
neighborhood basis as in the more restrictive BN classification.
Further, it is intended to allow the business activities the maxi-
mum degree of latitude within the regulations to render maximum
service and increase public convenience to utilize these services.
It is also the purpose of this classification to make it possible
to more efficiently and economically design and install all physi-
cal public service facilities in terms of size and capacity, to
adequately and permanently meet needs resulting from a defined
intensity of land use.
Section 12.13.190 Permitted Uses (BC). In a BC zone the follow-
ing types of uses are permitted as hereinafter provided and allowed
by this section, subject to the general provisions and exceptions
set forth in this title.
A. Any use permitted in an R- or BN zone as regulated
therein;
B. Retail enterprises dispensing food or commodities on -
premises, except trailers or heavy-duty equipment, and
which may involve only limited and incidental assembly,
repair or fabrication of goods or commodities;
C. Business offices, professional offices and clinics,
and other related enterprise rendering professional
or personal services to the individual or community,
including commercial kennels (subject to grant of
conditional use permit), and animal hospitals;
D. Commercial Schools;
E. Motels, motels and motor hotels, subject to grant of
conditional use permit but specifically excluding mobile
home or trailer parks;
-30-
F. Clubs, and recreational facilities;
G. Mortuaries, subject to grant of conditional use permit;
H. Public utility installation relating directly to local
distribution of services, except warehouses and service
yards;
I. Drive -In businesses;
J. Automobile sales, including indoor automotive repairs
and commercial garages;
K. Distribution centers and accessory storage, including
auto freight and household goods, subject to conditional
use permit grant;
L. Dry cleaning and laundry plants pr•ov�ded that the
use of cleaning agents shall be limited to noninflammable
and nonexplosive fluids;
M. Laboratories, subject to conditional use permit grant;
N. Printing, publishing cW7binding establishments;
0. Outdoor advertising structures and signs, limited to
100 square feet;
1. Where dimensional and other regulations contained
herein are in conflict with Ordinance 973 Uniform
Sign Code, as amended, the more stringent dimension
shall apply.
Section 12.13.200 Limitations on Uses (BC). Those permitted uses
locating in a BC zone shall be subject to the following further
conditions and limitations;
A. All uses, except public utility installations and out-
door advertising structures, shall conform to the general
provisions and exceptions concerning off-street parking
and loading area standards of number, area, surface,
screening, and maintenance as required by Chapter 12.14
of this Code;
B. All uses shall be conducted wholly within an entirely
enclosed building except:
-31-
1. Gas stations and Drive -In businesses,
2. Public utility installations,
3. Parking and loading areas,
4. Outdoor advertising structures,
5. Lumber yards,
6. Plant nurseries.
C. Pump islands of gas stations shall not'be closer than
15 feet to any street property line or.public way, nor
shall any gasoline service station signs extend over
the property line, street property line or public way;
D. All products made incident to a permitted use which
are manufactured, fabricated, processed or treated on
the premises shall be sold on the premises only and at
retail only;
E. Any on -premises repairing shall be limited to the types
of merchandise sold at retail on the premises and
shall be of a custom and incidental nature where no
more than 30 percent of the total floor area of the
enterprise shall be devoted to repair operations,
except that the limitations of this paragraph shall
not apply to television, radio, shoe, small household
appliance repair service, or automotive repair;
F. Establishments dealing in any manner with alcoholic
beverages or establishments serving food outside of
buildings, or providing recreation for commercial
pxrposes (except commercial swimming pools) shall
locate no closer than 500 feet from the exterior property
boundary line of any school grounds, public park, play-
ground or church;
G. Buildings or structures, in i�ole or in part, used to
house animals incident to animal hospitals or commer-
cial kennels, shall be sound -proofed; the animal runs
shall be surfaced with a minimum of 1 1/2 inches of
concrete or other impervious material; drainage must
be away from adjoining properties; there shall be no
incineration of refuse or dead animals;
H. All operations conducted on the premises shall not
constitute a nuisance by reason of smoke, fumes, odor,
smoke, steam, gases, vibrations, noise, hazards or
-32-
other causes, beyond the property boundary lines and
shall comply with the provisions of section 12.14.050
of this Code;
I. All sites having a common boundary line with an 'RS'
classified property shall have erected and maintained
a view -obscuring wall, fence or coniferous hedge not
less than five feet, nor more than six feet in height
for screening purposes and controlling access. Where
the wall of a building is on such common property line,
no separate wall or fence need be installed along that
portion of the boundary occupied by the building.
Public utility installations need only fence and screen,
with appropriate materials such as base plantings of
coniferous shrubs or trees and climbing confierous
plant materials on the fences to minimize the indus-
trial character of such installation with the area
surrounding the fenced and screened enclosure land-
scaped and planted to create a park -like atmosphere.
Section 12.13.210 Bulk and Dimensional Regulations (BC).
A. Minimum lot area: none specified;
B. Minimum lot width: none specified;
C. Minimum setback requirements:
1. Rear yards, where abutting on 'RS' classified
property shall be 20 feet in depth, measured
from rear property line to rear of structure.
D. Permitted floor area: gross square footage of floor
area shall not exceed three times the gross square
footage of the lot;
E. Maximum building height; no building in a BC zone
shall exceed a height of three stories, or in any
case, 35 feet in height, except church steeples,
chimneys, antenna and similar uses as may be inci-
dental to permitted structures.
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0
0
0
0
CW - WATERFRONT COMMERCIAL DISTRICTS
Section 12.13.220. Intent (CW). The principal long range objective w
and intent to be served by the CW classification and its applica-
tion is to provide for the location of and grouping of compatible
uses having common performance standards in that they involve
enterprises dispensing commodities and providing professional
and personal services of a marine or water -related nature. These
services and commodities are primarily of a 'convenience' nature.
Because of such factors as the very high seasonal fluctuations of
marine oriented services and commodities, the existence of favorable
transportation facilities on and near portions of the waterfront of
the City of Edmonds, and the desireabliity of providing for the most
advantageous use of land for the multiple needs and best uses of
the waterfront in the CW classification, it is intended to blend
water oriented recreational activities with commercial uses to
best utilize the many and varied attributes of the City of Edmonds
waterfront in this classification. Controls with standards set forth
by the Limitations on Uses in this classification together with
the standards of criteria and performance established for the grant-
ing of a Conditional Use permit by the Board of Adjustment have been
imposed upon the heavier commercial uses in this district to more
fully assure the compatibility of the various uses permitted in
the classification and to more carefully provide for the health,
safety, morals and general welfare of the public.
Section 12.1.3.230 Permitted Uses (CW). In a CW zone only the
following uses are permitted as hereinafter specifically provided
and allowed by this section, subject to the general provisions
and exceptions set forth in this title.
A. Boat and motor sales, livery, repairs, and rental;
B. Gas stations and commercial garages, except on property
abutting directly on the waterfront; diesel oil and
gasoline sales for boats and vessels only, including
related products, at retail only, are permitted on
property directly abutting the waterfront;
Dry land storage, construction and repair of boats;
D. Ship's stores, limited to pleasure boat supplies and
provisions at retail only, including but not limited
to paint, line, small tools, marine instruments, charts,
safety equipment, sail stock, flags, pennants, ice,
canned goods, soft drinks, pre -baked goods;
Water moorage for boats, subject to the provisions of
Section 12.13.240-C of this Chapter; covered moorage and
covered structures over water shall be subject to a
conditional use permit grant;
-34-
F. Yacht or boat clubs and similar organizations featuring
pleasure boating, fishing and yachting activities;
G. Restaurants;
H. Residential, as regulated therein;
I. Professional and business offices;
J. Hotels, motels, motor hotels and boatels;
K. Aquariums;
L. Building material yards, subject to conditional use
permit grant;
M. Woodworking shops for boat construction and cabinets;
N. Welding and metal fabrication,subject to conditional
use permit grant;
0. Manufacture of products for retail or wholesale,
subject to conditional use permit grant;
P. Laboratories, subject to conditional use permit grant;
Q. Distribution centers and accessory storage, including
freight handling, subject to conditional use permit grant;
R. Nursing, convelescent and retirement homes.
Section 12.13.240 Limitations On Uses (CW). Those permitted
uses locating in a CW zone shall be subject to the following
further conditions and limitations:
A. All uses shall conform to the general provisions and
exceptions concerning off-street parking and loading
area standards of number, area, surface, screening and
maintenance as required by Chapter 12.14 of this Code.
B. All uses shall be conducted wholly within an entirely
enclosed structure except:
1. Diesel oil and gasoline pump islands which shall be
roofed;
2. Dry land storage for boats;
3. Water moorage for boats, subject to the provisions
of paragraph C of this Section.
4. Building material yard.
-35-
C. All docks, moorages, wharves, piers and related struc-
tures shall be subject to the following provisions:
1. The deck of any pier shall be no more than eight
feet above high water level;
2. On -shore toilet facilities shall be provided;
3. Boats using moorage facilities shall not be used
as a place of residence;
4. No overhead wiring shall be permitted on piers,
docks, moorages, floats, or wharves except within
covered moorage structures;
5. All covered structures over water shall abut upon
the shore.
D. Signs, outdoor advertising displays, and area lllumination
axe permitted, subject to the following limitations:
1. Signs and outdoor advertising displays not to exceed
50 square feet in area and shall not exceed 30 feet
in height above established grade;
2. Signs and advertising structures shall not extend
over property boundary lines, street property
lines or public way;
3. Signs and advertising structures shall relate
exclusively to the business conducted or services
rendered by the establishment on which the sign
or advertising structure is located;
4. illuminated signs or areas shall not create a
hazard or nuisance to land or water traffic;
5. Where dimensional and other regulations are in
conflict with Ordinance 973 Uniform Sign Code,
as amended, the more stringent regulation shall
apply.
E Display lots and yards for boats, new or used, shall be
landscaped, planted and maintained in an attractive
manner;
F. All uses shall have access to publicly accepted road
or street rights -of -way.
G. The following uses permitted in a CW zone shall erect
and maintain a view -obscuring wall, fence or conifer-
ouse hedge not less than five feet nor more than six
feet in height on all lot lines except lot lines abutting
the waterfront and generally parallel thereto.
�:.
1. Building material yards;
2. Woodworking shops for boat construction and
cabinets;
3. Welding and metal fabrication;
4. Manufacture of products for retail or wholesale;
5. Laboratories;
6. Distribution centers and accessory storage,
including freight handling.
Section 12.13.250 Bulk and Dimensional Regulations (CW).
A. Minimum lot area; none specified;
B. Lot width: none specified;
C. Minimum setback requirements: none specified;
D. Permitted floor area: no restrictions;
E. Maximum building height: no building in a CW zone shall
exceed a height of three stories or in any case 35 feet
in height above nearest established street grade.
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0
L_J
a
CG - GENERAL COMMERCIAL DISTRICTS
Section 12.13.260 Intent (CG). The intent of the CG Classifica-
tion and its application is to provide for the location of and
grouping of compatible uses having similar operation in that they
involve enterprises which depend ono outdoor activities and dis-
play, fabrication, assembling and service features including
manufacturing and processing. Such activities may involve inci-
dental or partial on -premises retail sales in that such enterprise
neither attracts nor depends upon individual and personal patron
contact on the premises to the same degree as do uses in more
strictly retail. and service areas. As such, these enterprises
are not adversely affected by dispersal or separation from adjoin-
ing uses, but require vehicular access both for heavy trucking
activity to facilitate handling of materials and rapid patron
access from distant areas. The uses permitted under this title
are of a heavier nature than those uses permitted in more strictly
business classifications. performance standards are herewith
established to protect the health, safety, morals, and general
welfare of the permanent and temporary inhabitants of this and
neighboring zones.
Further, by prohibiting dwellings of any type from an undesirable
residential environment, it is intended to allow the commercial
and industrial activities of this classification the maximum
degree of latitude within the regulations to render maximum
service and to increase public convenience to utilize these ser-
vices. It is also the intent of this classification to make it
possible to more efficiently and economically design and install
all physical public service facilities in terms of size and capa-
^; +.r to ode",Jn+-C�i tT and nP'P'17 AMInt-1 V meet needs resulting from a
defined intensity of land use. The inclusion of a use under this
section does not necessarily imply the exclusion of that use from
other districts in which the use is also permitted.
Section 12.13.270 permitted Uses (CG). In a CG zone the follow-
ing uses are per as hereinafter specifically provided and
allowed by this section, subject to the general provisions and
exceptions set forth in this title.
A. primary Uses
1. Any use permitted in the BN and BC zones except
residential and churches;
2. Ambulance service
3. Auction houses or stores except vehicle and livestock;
4. Automobile laundries, subject to conditional use
permit grant;
Automotive and automotive trailer salesrooms and
sales lots, new and used, including indoor service
and repair only but excluding manufacture or
assembly thereof;
Automotive wrecking, provided all salvage opera-
tions are screened from public view, subject to
conditional use permit grant;
7. Banks;
Blueprinting and phbtostating;
9. Building materials stores and yards;
10.
11.
12.
Cabinet or carpenter shop;
Ceramic and pottery manufacture, using only previ-
ously pulverized clay and batch kilns as distin-
guished from shuttle, tunnel or beehive kilns;
such batch kilns not exceeding a total capacity of
130 cubic feet; and specifically excluding ceramic
manufacture of bricks, drain, building or conduit
tile;
Display lots, automotive, machinery;
13. Distribution centers and accessory storage;
17.
Drive -In businesses;
Electric or neon sign manufacturing service and
repair;
Fabrication of metal, wood, and plastic products
only and specifically excluding fabrication of major
structural steel forms, boiler making, ship build-
ing and similar activities involving excessive
noise, or major trucking in terms of overstandard
dimensions per unit or over -standard weight of load;
Fix -it shops, including furniture and household
applicance repair;
18. Fuel storage yards;
19.
Garage, Commercial;
0. Glass edging, beveling, leading and silvering in
connection with glass studios or the sale of
mirrors, panes and glass decorated furniture at
retail only;
-39-
21. Kennels, commercial, provided thatall run areas
shall be paved with one and one-half inches of
concrete or other impervious material and com-
pletely surrounded by an eight -foot solid wall or
architectural fence, subject to conditional use permit
grant;
22. Laboratories;
23. Laundry plants;
24. Machine shop, provided no punch press or automatic
screw machines over five tons;
25. Mol)ile home or trailer parks and courts, provided
health and sanitary regulations of appropriate
agencies are met;
26. Paint shop, spray or other, provided operation is
carried on entirely indoors and that vent -carried
paint residues shall fall only within the limits
of the establishment's property;
27. Plumbing shops;
28. Saw and filing shops;
29. Sheet metal shops;
30. Storage and handling of household goods;
31. Tire rebuilding, recapping and retreading, but
excluding manufacture;
32. upholstery, custom work including auLorttobile;
33. Warehouses;
34. Wholesale business and accessory storage.
.M
12.13.280 Limitations
in a CG zone shall be
ns and limitations:
On Uses (CG). Those permitted uses
subject to the following further
All uses shall conform to the general provisions and
exceptions concerning off-street parking and loading
area standards of number, area, surface, screening,
and maintenance as required by Chapter 12.14 of this Code;
All uses shall be conducted wholly and entirely within
enclosed building except:
1. Automotive and automotive trailer sales display
areas;
2. Automotive wrecking yards;
3. Gas stations;
4. Building materials yards;
5. Kennels;
6. Outdoor advertising structures;
7. Parking and loading areas;
8. Public utility installations.
Pump islands of gas stations shall not be closer than
15 feet to any street property line or public way, nor
shall any gasoline service station signs extend over
the property boundary line, street property line or
public way;
All sites having a common boundary line with an R
classified property shall have planted and maintained
a view -obscuring coniferous greenbelt of shrubs, trees
and native vegetation not less than six feet in height
nor less than ten feet in width, for screening purposes
and controlling access. Greenbelt requirements as herein
provided, shall be complied with within a period of six
months from effective date of this Ordinance;
Signs, advertising structures, and area illumination
are permitted, subject to the following limitations:
1. Signs and advertising structures not to exceed
_ 0 square feet in area;
-41-
2. Signs and advertising structures shall not extend
over property boundary line, street property line
or public way;
3. if illuminated, in any manner shall not create
hazard or nuisance to passing traffic nor shall the
glare from any illuminating device be visible from
any 'R' zoned property where such sign, advertising
structure or illuminated area borders such a zone;
4. Where dimensional and other regulations are in
conflict with Ordinance 973 Uniform Sign Code, as
amended, the more stringent regulation shall apply;
F. Accessory buildings and uses customarily incident to any
of the permitted uses shall be located on the same site
with the .principal building;
G. Any process incident to a permitted use shall not con-
stitute a nuisance by way of offensive disseminations
and shall comply with the provisions of Section 12.14.060
of this Ordinance.
Section 12.13.290 Bulk And Dimensional Regulations (CG).
A. Minimum lot area: none specified;
B. Lot width: none specified;
C. Minimum setback requirements: none specified;
D. Permitted floor area: no restrictions;
E. Maximum building height; no building in a CG zone
shall exceed a height of three stories or iil airy'
case 35 feet in height above nearest established
street grade.
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OS - OPEN SPACE DISTRICTS
Section 12.13.300 Intent (OS). The rapid expansion of the Edmonds
Planning Area has created critical problems with regard to the loss
of valuable open space land. The open character of the Area, one
of Edmonds' most valuable assets is decreasing in the face of
urban development. It is the intent of the OS classification and
its application to preserve the openness of the Area and to provide
necessary recreational, conservation, and scenic areas for the
general welfare, convenience and prosperity of the community and
its children. Further, it is the intent of this classification to
afford public. -minded citizens the opportunity to grant, bequeath,
lease or make gift of to the City, the fee or lesser interest,
development, right, easement or covenant of or on open land.
Section 12.13.310 Permitted Uses (OS). In an OS zone only the
following uses are permitted and as hereinafter specifically
provided by this chapter and subject tothe general provisions and
exceptions set forth in this title°
A. Agriculture, including crop land but specifically
excluding livestock and poultry, machinery and equip-
ment sheds or barns;
B. Conservation areas including forest and wildlife preserves;
C_ Parks, natural scenic areas, excluding commercial amuse-
ment devices or operations;
D. Reclamation areas limited to soil, forest, wildlife,
or watershed;
E.. Riding academies;
F. Watershed areas established to protect water supply,
runoff and soil retention;
G. Highly selective and compatible uses may be permitted
under the authority vested in"the Board of Adjustment
provided the criteria of conditional uses as defined
in Section 12.16.080 are met. In no case will uses
be permitted which would tend to decrease the openness,
interfere with natural scenic values or in any way
infringe on the effects which the OS districts intend
to create and retain.
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CHAPTER 12.14
GENERAL PROVISIONS
Section 12.14.010 Intent. The provisions of this chapter are
applicable to all of the districts described in Chapter 12.13.
It is the intent of this chapter to set down provisions for
performance standards, planned unit developments, off-street
parking, loading areas, and fences to prevent congestion in the
streets, promote and protect property values and to provide for
the health, safety. morals and general welfare of t1a citizenry.
Section 12.14.020 General Requirements, Parking. Each off-street
parking space shall have a net area of not less than 200 square
feet exclusive of driveways or aisles, and shall be of usable
shape and condition; to determine on a gross area basis, 300 square
feet shall be allowed per vehicle. If the required parking space
for a one- or two-family dwelling is not provided in a covered
garage, then such space shall be not less than 200 square feet,
and shall be so located and/or constructed that it may later be
covered by a garage structure in accordance with the provisions
of this Title and the City Building Code.
A. Location: off-street parking facilities shall be located
as hereinafter specified; where a distance is specified,
such distance shall be the walking distance measured from
the nearest point of the parking facility to the nearest
point of the building that such facility is required to
serve:
1. For single and two-family dwellings; on the same lot
with the building they are required to serve;
2. For multiple dwellings; not more than 100 feet;
3. For hospitals, sanitariums, homes for the aged,
rooming and boarding houses, fraternity and sorority
houses: not more than 300 feet;
4. For uses other than those specified above, not
more than 500 feet.
B. Expansion And Enlargements: whenever any building is
enlarged in height or in ground coverage, off-street
parking shall be provided for said expansion or enlarge-
ment in accordance with the requirements of the schedule,
provided however, that no parking space need be provided
IDE"M
in the case of enlargement or expansion where the number
of parking spaces required for such expansion or enlarge-
ment is less than ten percent of the parking spaces
specified in the schedule for the building. Nothing in
this provision shall be construed to require off-street
parking spaces for the portion of such building existing
at the time of passage of this Ordinance;
C. Mixed Occupancies: in the case -of mixed uses, the total
requirements for the various uses shall be computed
separately. Off-street parking facilities for one
use shall not be considered as hereinafter specified
for joint use;
D. Uses Not Specified: inthe case of a use not specifically
mentioned in parts below, the requirements for off-street
parking facilities shall be determined by the Board.:
Such determination shall be based upon the requirements
for the most comparable use listed;
E_ Joint Use: the Board may authorize the joint use of
parking facilities for the. -following uses or activities
under conditions specified;
1. Up to 50 percent of the parking facilities required
by this chapter for primarily 'nighttime' uses such
as theaters, bowling alleys, bars, restaurants and
related uses, may be supplied by other types of
buildings or uses which are primarily'daytime' uses
such as banks, offices, retail, personal service
shops, clothing, food, furniture, manufacturing or
wholesale and related uses;
2. Up to 50 percent of the parking facilities required
by this chapter for primarily 'daytime'uses may be
supplied by primarily 'nighttime' uses;
3. Up to 100 percent of the parking facilities required
by this section for a church or for an auditorium
incidental to a public or parochial school, may be
supplied by the off-street parking facilities
provided by uses primarily of a 'daytime'nature.
F. Conditions Required for Joint Use: the building or use
for which application is being made to utilize the off-
street parking facilities provided by another building
or use, shall be located within 500 feet of such parking
facilities in addition to which:
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1. The applicant shall show that there is no substan-
tial conflict in the principal operating hours of
the two buildings or uses for which joint use of
off-street parking facilities is proposed;
2. The applicant shall present a properly drawn
legal instrument to be recorded with the County
Auditor, executed by the parties concerned for
joint use of off-street parking facilities and
approved as to form and manner of execution by
the City Attorney, to the Board upon application;
a copy of such instrument to be filed with the
Building Inspector upon approval by the Board.
G. Table of Minimum Standards: required parking spaces
shall be in conformance with the following Table and where alter-
native standards prevail, the greater applies in conflicting
computations:
TABLE OF MINIMUM STANDARDS
USE SPACES REQUIRED
Residential, single-family 1 per dwelling unit
Residential, two-family
multiple family
Rooming houses, similar uses
Motels
Hotels, Motor Hotels
Hospitals
Theaters
Churches, auditoriums and similar
enclosed places of assembly
Stadiums, sport arenas and similar
open assemblies
Bowling alleys
Medical and dental clinics
1.5 per dwelling unit
1.75 per dwelling unit
1 per unit
1 per unit
1 per sleeping room
1 per bed
1 per 5 seats
1 per 3 seats or 60 lineal
inches of pew or 40 square
feet of gross floor area
used for assembly purposes
1 per 8 seats and/or 1 each
100 square feet of assembly
space without fixed seats
6 per alley
1 per 200 sq. ft. gross floor
area
-46-
Banks, business and professional dices 1 per 400 sq. ft. gross
with on -site customer service floor area
Offices not providing customer services 1 per 4 employees or
1 per 800 sq. ft. gross
floor area.
Mortuaries 1 per 75 sq. ft of gross
floor area used for
assembly.
Warehouse, storage and wholesale 1 per each 2 employees
business on maximum working shift.
Irood and beverage places with sale
and consumption on premises
if less than 4,000 sq.ft. floor area 1 per 200 sq, ft. gross
floor area
if ov6j� 4,000 sq. ft. floor area 20 plus 1 per 100 sq.ft
gross floor area in excess
of 4,000 sq. ft.
Furniture, appliance, hardware, clothing, 1 per 600 sq.ft. gross
sho;personal service stores floor area
w:.
Motor vehicle, machinery, plumbing, 1 per 1,000 sq. ft. gross
heating, ventilating, building supplies floor area or 1 per each
stores and services 3 employees
Other retail
if less than 5,000 sq.ft. of floor
- -ea 1 per 300 sq.ft. gross
floor area
if over 5,000 sq. ft. floor area 17 + 1 per each 100 sq.ft.
in excess of 5MO sq. ft.
Manufacturing uses, research testing 1 per each 2 employees
and processing, assembling, all indus- on maximum shift and
tries not less than 1 per
each 800 sq. ft. gross
floor area
Libraries 1 per each 250 sq.ft.
gross floor area
School.1 elementary and junior high 1 per each employee and
�, faculty member
Schools, high 1 per each 50 students +
1 per each employee and
faculty member
-47-
H. Plans: the plan of the proposed parking area shall be
submitted to the Building Inspector at the time of the
application for the building for which the parking area
is required. Said plan shall clearly indicate the proposed
development, including location, size, shape, design,
curb cuts, lighting, landscaping, construction details,
and other features and appurtenances required:
1. All traffic control devices such as parking stripes
designating car stalls, directional arrows or signs,
bull rails, curbs, and other developments, shall be
installed and completed as shown on the approved
plans. Hard -surfaced parking areas shall use
paint or similar devices to delineate car stalls and
directional arrows. Gravel parking areas shall use
wood or concrete bull rails or wheelstops and posted
signs to delineate car stalls and direction of
traffic. Where pedestrian walks are used in parking
lots for the use of foot traffic only, they shall
be curbed, or raised six inches above the lot sur-
face. All driveways, off-street parking areas
and public off-street areas immediately adjacent
to a service driveway which leads to a hard -surface
public street shall be hard -surfaced with a minimum
of two inches of asphaltic concrete, and for a
driving distance of at least 50 feet from said service
driveways;
2. Minimum dimensions of off-street parking areas
shall be not less than as shown on Figure 1,
Minimum Parking Lot Requirements;
3. Landscaping shall be included as a part of lot
design and shall include tree and shrub plantings
within and around tYe parking area at approximately
70 feet on center each way;
4.. Screening in the form of walls, architectural fences
of dense coniferous hedges shall be erected or planted
and maintained to a height of not less than five feet
nor more than six feet, where the parking lot has
common boundary with any'R' classified property;
5. Lighting of areas provided for off-street parking
shall be so arranged to not constitute a nuisance
or hazard to passing traffic and where said lots
share a common boundary with any 'R'classified
property, the illuminating devices shall be so
shaded and directed to play their light away from
'R' classified property;
MINIMUM PARKING LOT REQUIREMENTS
W
X
J
cr
WIDE PAINT
STRIPE
�`. PERPENDICULAR PARALLEL
ANGLE PARKING PARKING PARKING
1
P71
i
W
S
J
a
m
J�
/ WU
r � V
am,
0
� 59$
/ M
GRAVEL PARKING
TWO -WAY TRAFFIC
TURNING CLEARANCES
a
b
c
d
a
f
I b'
c'
PARKING
ANGLE
PARKING
SECTION
WI
PARKING
BANK
TRAFFfC
AISLE
CURB
LENGTH
PER CAR
CAR
STALL
PARKING
SECTION
PARKING
BANK
0°
36'
8'
20'
23'
e'
350
18'
20'
14.8'
8.5'
49'
14.5'
400
_56'
57'
18.5'
20'
13.2'
8.5'
50'
15'
450
58'
19'
20'
12.0'
8.5'
51'
15.5'
500
59' 1
19.5'
20'
11, 1'
8.5'
53'
16.5'
55°
60'
20'
20
10.4
8.5'
55'
17.5'
600
60'
1 20'
20'
9.8'
8.5'
55'
17.5'
650
60'
2 0'
20'
9.7'
8.8'
S 6'
18 '
700
60'
1 20'
20'
9.6'
9
57'
18.5'
900
64
20
24
9r__
9
ONE -WAY TRAFFIC
a
b
c
d
e
f
I b'
c'
PARKING
ANGLE
PARKING
SECTION
WIDTH
PARKING
BANK
WIDTH
TRAFFIC
AISLE
WIDTH
CUR13
LENGTH
PER CAR
CAR
STALL
WIDTH
PARX75
SECTION
WIDTH
PARKING
BANK
WIDTH
0°
28
e'
12
23`
w
35• 1
48'
1 18'
12'
14.8'
8.5
41'
14.5
400
49'
18.5'
12'
13.2'
8.5'
42'
15'
•45°
50'
19
12'
MY
8.5
43
15.5
50°
5 I
19.5
12
1 L I
8.5
45
16.5
55°
53'
20
13'
10.4'
8.5'
48'
17.5'
60°
55'
20'
15'
9.8'
8.5'
50'
17.5'
650
57
1 20'
17'
9.7'
8.8'
53'
IS'
700
59'
20'
19'
9.6
9'
56'
18.5
48 a FIG.
6, Maintenance of all areas provided for off-street
parking shall include removal and replacement of
dead and dying trees, grass and shrubs, removal
of trash and weeds, and repair of traffic control
devices, signs, light standards, fences, walls,
surfacing material, curbs and railings.
Section 12.14.030 General Requirements, Loading Areas. Each
off-street loading space shall measure not less than 30 feet by
12 feet and shall have an unobstructed height of 14 feet 6 inches
and shall be made permanently available for such purposes, and
shall be surfaced, improved and maintained as required in Section
12.14.020 H. Required loading spaces shall be in conformance
with the following Table:
Department stores, freight terminals, hospitals, sanitariums,
industrial or manufacturing establishments retail or whole-
sale stores or storage warehouses or any similar use which
has, or intends to have 10,000 square feet or more, shall
provide truck loading or unloading berths:
Square feet of aggregate
gross floor area
Required number
of berths
10,000 to 15,999 1
16, 000 to 39, 999 2
40,000 to 65,000 3
For each additional 16,000 1 additional
Auditoriums, convention or exhibit halls, sports arenas,
hotels, office buildings, restaurants or similar uses
which have, or intend to have an aggregate gross floor
area of 40 MO square feet or more, shall provide truck
loading or unloading berths:
Square feet of aggregate
gross floor area
Required number
of berths
40,000 to 59,999 1
60,000 to 99,999 2
100,000 to 160,000 3
For each addition 60,000 1 additional
.•
$ection 12.14.040 General Requirements, Fences. Fences or hedges
providing a maximum of six feet sight obstruction from adjacent
properties may be built on the side and rear property lines, and
across the front of the property in line with the front of a
building, but not closer to the street right-of-way than 20 feet.
Corner lots must observe the 20-foot fence setback on both streets.
From the 20-foot fence setback line to the street right-of-way,
solid fences a maximum of three feet high, measured from the
ground on which the fence stands, are permitted; open rail fences
a maximum of four feet six inches in height are permitted where
the rails and posts constitute not more than one-third of the
fence area.- Where fence heights greater than those contained
herein are directed, the greater shall apply.
A_ Greenbelt or sight -obscuring constructions, where
required by provisions in this Ordinance, shall be
of dense coniferous plantings, or climbing varieties
of non -deciduous vines on permanently installed
aluminum mesh fencing, or architectural fencing of
such design and material that retains its attractiveness
with nominal maintenance.
Section 12.14.050 General Requirements. Performance -Standards.
Any dissemination incident to a permitted use shall comply with
the standards established in this Section.
A. The noise emanating from a premise used for industrial
activities shall be muffled so as to not become
objectionable due to intermittent beat, frequency or
shrillness, and where a use adjoins a residential district,
the noise loudness measured at the boundary line shall
not exceed 40 decibels between the hours of 11030 p.m.
and 6:00 a.m., and 60 decibels at other hours;
B. Industrial and exterior lighting shall not be used
in such a manner that produces glare on public high-
ways and neighboring property. Arc welding, acetylene
torch cutting or similar processes shall be performed
so as not to be seen from any point beyond the outside
of the property;
C. In terms of fire and safety hazards, the storage -and
handling of inflammable liquids, liquified petroleum,
gases and explosives shall comply with rules and regu-
lations falling under the jurisdiction of the City Fire
Chief, the laws of, -the State and other local ordinances;
-50-
D. Provisions must be made for necessary shielding or other preventive
measures against interferences occasioned by mechanical, electrical,
electronic, and nuclear equipment, uses, or processes with electrical
apparatus in nearby buildings or land uses;
E. The emission of obnoxious odors of any kind shall not be permitted nor
the emission of any toxic or corrosive fumes or gases. Dust created
by an industrial operation shall not be exhausted or wasted directly
into the atmosphere;
F. The emission of smoke or particulate matter of a density equal to or
greater than number 3 on the Ringleman Chart as currently published
and used by the U.S. Bureau of Mines, is prohibited at all times;
1. Dust and other types of air pollution borne by the wind from such
sources as storage areas and roads, shall be mi ni mi zed by land-
scaping, paving, oiling, or other acceptable means. Emission of
particulate matter in excess of 0.2 grain per cubic foot of con-
veying gas or air measured at any property line, is prohibited.
G. Smoke emission rates. The rate of emission of particulate matter
from all sources on any property shall not exceed a net weight of
one pound per acre of property during any one hour.
H. Liquid and solid wastes, storage of animal or vegetable wastes which
attract insects or rodents or otherwise create a health hazard shall
be prohibited. No waste products shall be exposed to view from eye
level from any property line;
I. Open storage. All storage shall be located within an area not closer
than 20 feet from the street right-of-way line and shall be enclosed
with a heavy wire fence or of a similar type, with the top of said
fence not to be less than six feet above the adjoining street level,
or by an attractive hedge or board fence at least six feet high;
1. In case of the open storage of lumber, coal, or other combustible
material, a roadway shall be provided, graded, surfaced, and
maintained from the street to the rear of the storage area to
permit free access of fire trucks at any time.
*J. Vibration caused by industrial operations shall not exceed 0.003 of
one inch displacement applied to the frequency range of zero to 5000
cycles per second, as Treasured at any point off the property on which
such operations are conducted.
*K. In the event the City has doubt that an enterprise is, or can be, con-
ducted within the limits of the above Performance Standards, it may
require that the entrepreneur retain, at his expense, an independent,
qualified, testing laboratory to make an analysis of the enterprise
to determine its compliance with the said standards and to make the
results of such analysis available to the City. In the event the
analysis discloses existing or impending non-canpliances, the City
may require the entrepreneur to institute such remedial measures as
will bring his enterprise into compliance.
-51-
*(Am. 1371 - 7/1/68)
*Section 12.14.060. P ose: The purpose of the Planned Residential Development
procedure is to permit flexibility and -diversification in land use resulting in
planned developments as good or better in function and relationship to the com-
munity as the traditional lot -by -lot development, while insuring substantial oom-
pliance with the objectives of the Comprehensive Plan. Other reasons for esta-
blishing this procedure are:
A. To lower housing and land development costs through the more efficient
use of utility and street system.
B. To preserve a larger area of -the outstanding natural landscape, includ-
ing mature trees and stream beds.
C. To permit more advantageous use of property through grouping of
structures, creating of -greater open space and combinations of uses
otherwise not permitted to mix. This advantage is intended to mutual-
ly benefit the land owners, adjoining properties and the community.
The use of this procedure does -not alter the underlying zoning attached
to the land nor the fundamental'intent of the district regulations as
far as overall density of dwelling units is concerned within the P.R.D.
as a total unit.
Section 12.14.061 Permitted Uses: In -a planned residential development the
following uses are permitted:
A. Detached single-family homes.
B. Other uses listed in Sections 12.13.030 and 12.13.040.
Section 12.14.062. Design Re uirements: The following regulations shall apply
to the design of planned residential developments:
A. Yarns: The largest front yard requirement to the zoning districts
contained within the project shall apply to the exterior boundary
lines where lots -are to be located with areas smaller than that
established by the zoning districts. In no case shall the eaves
or any other portion --of a building structure be separated by less
than 10 feet of open space.
B. Open Space Land:
1. Amount: There shall be a minimum of 20% dedicated or reserved
as usable common open space land. Driveways, parking lots, and
required yard areas will not be allowed in computing open space.
2. Guarantee: A written guarantee to the City must be provided to
insure permanent retention of open space land area resulting
from the application of these regulations, either by private
reservation for the use of all of the residents within the
development or by dedication to the public or a combination
thereof.
*(Am.1459 - 1/28/70)
- 52 -
C. Building Hei ht: The maximum height of buildings shall not
exceed the height permitted in the zone in which the project
is located.
D. Allowed Density: The number of dwelling units permitted in
any R classified zone may be determined by dividing the net
development area by the minimum lot area per dwelling unit
required by the zones established on the property. Net devel-
opment area shall be determined by subtracting the area set
aside for churches, schools, or commercial use from the total
development area. Fractional units shall be rounded to the
closest whole number.
E. Permitted Site Cover e: The permitted percentage of cover-
age by buildings and structures for the net development area
as determined by the preceding paragraph above shall not ex-
ceed the percentage of coverage permitted in the zones in
which the project is located. Percentage for corner lots
will not be allowed.
F. Off-street Parkin r Re uiry-umnts: Off-street parking require-
ments s ia11 be in acco anoe with the provisions of Section
12.14.020 of this Title.
G . All projects may propose concepts such as:
1. Public or private access lanes.
2. Varied lot -size subdivisions.
3. Establishment of green belts or other open areas, or
community -buildings or recreation facilities.
4. Detached single-family homes grouped around a common
court, playground or recreation area.
Section 12.14.063. Locational Requirements: Planned Residential Develop-
ment projects may locate in any zone permitting residential units.
Section 12.14.064. Area Requirements: A minimum site of 5 acres is
established For Planned Residential ]development projects.
Section 12.14.065. Ownershi Requirements: The proposed project shall
either be in one ownership or under a unity of control to assure that the
development can be accomplished as planned.
Section 12.14.066. rovements Re uired: Projects shall comply with
l applicable City Ordinances, including but not limited to Chapter 12.08.
They shall be complete developments and developers shall be required to in-
clude facilities such as paved streets, curbs, sidewalks, street lights,
underground storm drainage, sanitary sewers, underground power and
-53-
telephone lines, landscaping, and other facilities deemed necessary by the Plan-
ning and Engineering Departments and approved by the Planning Commission. If
private streets are proposed, a written guarantee will be required that such
streets will be maintained by the owners to the degree equal to the Edmonds City
design standards applicable to public streets of substantially the same width.
Section 12.14.067. General Requirements: All projects shall bear the burden
of peHmcter transition and demonstrate that there is a general public benefit
to be gained by the deviation from the underlying zoning regulations, such as:
A. Additional or better -related open spaces, such as yard areas
between the buildings within the project, or yard areas between
the project buildings and adjoining properties and buildings,
or a design of open space that creates a desirable or useful
environment between buildings.
B Additional public -use facilities such as pedestrian walks
providing a service and convenience to residents in the vicin-
ity, or streets improving local circulation or public access
to a lake or stream.
C. Preservation of natural assets, -such as historic landmarks,
specimen trees, a grove of woods , a stream, a view, or other
amenities.
The Planning Commission and Council shall evaluate the proposed plan to deter-
mine if it will be an asset to the surrounding residential areas and will re-
sult in the construction of an interesting, well -designed neighborhood for
future residents within the project.
Section 12.14.068. - Procedure for- Pre aration Review and A royal:
A. Prelimin Application: All the owner of property within a pro-
Tosed project shall submit to the Planning Department a preliminary
development plan and shall complete any application forms as provided
by said officer.
B. Fees: For the preliminary application a minimum fee: of $500.00 or
=th of one cent per square foot, whichever is larger, shall be
paid to the City. For the final application an additional fee of
1/20th of one cent per square foot shall be paid. The square foot
measurement shall be the same as the gross development area. If
portions of the area are to be subdivided and sold as separate par-
cels, the platting fees as specified in the Subdivision Ordinance
shall be waived.
C. Application Exhibits: All applications shall include:
1. Vicinity map showing all dedicated streets.
2. Proposed development plan showing topography, existing improve-
ments, the general intent and apportionment of land for build-
ings, stipulated use, circulation pattern and surrounding plani-
metric detail for a depth of 300 feet.
-54-
3. Text explanation of any material aspects not disclosed on
the plan.
D. Administrative -Review: The Planning Department shall review
any application an may require information and exhibits to
determine whether all requirements of this code are fulfilled.
If the Planning Department finds that the preliminary proposal
meets the minimum defined standards, the application will be
scheduled for a public hearing before the Planning Commission.
The application shall be referred to the Engineering, Building
and Fire departments for their review and comment.
E. Planning Conanission Review: After notice as prescribed by
Section 12.16.170 c 1 2 as in the case of rezones, the
Planning -Commission shall conduct a public hearing on the ap-
plication -to -determine whether the Plan is in agreement with
the development policies indicated by Title 12 of the Edmonds
City Code and the purposes of this Ordinance. The Planning
Commission -shall give preliminary approval, disapproval or
approval with modifications of the proposed development. This
preliminary approval of the proposed development plan shall be
binding upon the intent and use as specified above, but shall
not be construed to render inflexible the ultimate design,
specific, -uses or final plan of the project. In the event the
Planning -Commission gives preliminary approval, the said appro-
val will -be reviewed by the City Council at a public hearing
held im'accordance with Section 12.16.170 e and f. In the
event the Planning Commission disapproves the application, the
applicant or other interested party may file a written appeal
of said disapproval with the Planning Department to request a
hearing before the City Council. The appeal must be made with-
in 30 days of said public hearing by the Planning Commission
and -will be heard by the City Council in accordance with
Section 12.16.170 e and f.
F. Cit Council Action: The Council may approve, modify or reject
the illannmg 77mu7u.ssion preliminary recommendation. Any action
by the Council shall be by motion. If the City Council denies
a proposal, a six month period must lapse after the Council
hearing -before another planned residential development proposal
may be submitted to the Planning Department for the same pro-
perty, or any part thereof, unless waived by the Council at a
regular public hearing.
G. Pre aration-of Final Development Plans: Applicant shall, with-
in six months following date of prel�.minary approval by the
Council of the proposed development plan, submit a final devel-
opment plan for approval by the Planning Commission. The plan
will, upon approval by the Commission, constitute a limitation
on the use and design of the site.
-55-
H. Exhibits: Final applications shall include the following exhibits:
1. An accurate map drawn to a scale specified by the Planning Depart-
ment showing the boundaries of the site, names and dimensions of
all streets bounding or touching the site; the proposed location
and horizontal and vertical dimensions of all commonly owned
structures; the front, -'rear and side yard areas to be established
on privately owned lots;'any proposed location and dimension of
"open space" and -proposed public dedications within the site;
location,,dimensions and design of off-street parking facilities
showing points of ingress to, and egress from the site; the loca-
tion, direction and bearing of any major physiographic features
such as railroads, drainage canals, and shore lines and existing
topographic contours at intervals of not more than five feet
together with proposed -grading, drainage and landscaping.
2. An explanatory°text containing a written statement of the gener-
al purposes of the project, an -explanation of all features per-
taining to uses -and other pertinent matters not readily identifi-
able in map? form and the proposed form of guarantees relative to
maintenance standards, open space, and similar matters, such as
the land owners trust, home owners' association, or similar re-
quired arrangement to assure the performance of the purposes of
the planned residential development. The adoption of the text
specifying the particular non-residential uses permitted to
locate on the site, if any, shall constitute a limitation to
those specific uses.
I. Planning Commission Review: The Planning Commission shall review
e proposed final pan as prescribed in the preceding paragraphs
herein, except that posted and published notice is not required.
Final approval by the Planning Commission shall be conditioned upon
performance of conditions and performance bonds may be required.
The applicant, within three months after the final approval, shall
file with the Planning Department such bonds, evidence of compliance
or undertakings as may be -required by the conditions of final appro-
val. Upon fulfillment of - all required conditions precedent contained
in the final approval, the Planning Department shall present to the
Council a draft ordinance -to adopt the Planned Residential Develop-
ment as an amendment to the Zoning Map, incorporating by reference
all maps, drawings, conditions, undertakings and exhibits required
to specify the precise land use authorized. The proposed amendment
to the Zoning Map shall designate the boundaries of the project and
the file number of the application. A file shall be maintained by
the Deputy City Clerk for the Planning Department under that number
containing all maps and other docui ents or exhibits referred to or
incorporated in the adoptive ordinance, the provisions of which shall
constitute a limitation on the use of the property. The ordinance
shall contain a text legal description of the boundary of the Planned
Residential Development. The Council will take action on the pro-
posed ordinance in accordance with Section 12.16.170 e and f.
-55a-
J. Administration of-Plarmed`Residential Devela nts: Upon the
adoptive 7EInance being e ectzve, the City shall permit the
use of the land and erection of structures in compliance with
the plans and undertakings approved. Any use or structure in-
consistent with the approved plans and undertakings shall be
a violation of this ordinance and no building permits shall
be issued thereon.
1. Modification --of droved Projects: Except as approved,
no Planned Resi'dent3-alDevelopment shall be used, con-
structed, modified or changed. Any change in a Planned
Residential Development shall be applied for and processed
in the same manner as an original application. Changes in
plans or specifications may be permitted by City Depart-
ments having jurisdiction 2rovided such changes are not
material to the nva intenance ot tie character of the ap-
proved development. Written notice of all such changes
shall be. given the Planning Department immediately.
2. Record -of Subdivision: A project which plats or subdi-
vides land for sale and individual ownership shall pro-
perly record the plat with the Snohomish County Auditor
prior to the issuance of any building permits, authoriza-
tion to commence construction, or sale of any portion of
the property.
3. Building Permits: Me application for a building permit
or other authorization to commence work on the project
shall be accompanied by:
a. Any bond required by the City Council guaranteeing
completion of a specific defined portion of the pro-
ject as authorized and approved, and/or a standard
plat bond if subdivision and sale of lots is a part
of the project.
b.- Deeds to any land or properties intended for public
ownership and use in the completed project.
c. A complete project site plan and construction plans
and specifications for the initial buildings.
4. Co liance: The City Administration shall find that the
plans submitted for construction comply with the conditions
of approval by the Planning Commission and City Council.
Section 12.14.169. Revocation of A roval. In the event a condition of
approval is violated or unfulfilled witbin the time set for its completion,
or provisions of the approval or the Edmonds City Code are violated, the
Council may, either on recommendation of the Planning Commission or on its
awn motion, direct that written notice be given to the applicant at least
ten (10) days prior to and conduct a public hearing upon the question of
-55b-
the revocation of the approval and any permits granted pursuant to it. After a
public hearing the Council may revoke -the approval and/or permits by ordinance.
Nothing herein shall limit the revocation of building permits, issuance of stop
orders or other such procedures elsewhere authorized by the Edmonds City Code.
A. Abandonment: If a Planned Residential Development project is
abmi one , or if, upon the expiration of two years from the adop-
tion of the authorizing ordinance, the project has not been corn -
plated (or commenced pursuant to an extension of time for completion
granted by the Planning Commission), the authorization for the pro-
ject shall automatically expire and no building or occupancy permits
shall thereafter be issued, renewed, or extended. Upon expiration,
the land and structures if any, may only be used for a lawful pur-
pose permitted in the zoning district in which the project is
located. The -City Council'shall, by ordinance, strike the Planned
Residential Development designation from the Official Zoning Map.
If a project is approved for construction in phases, the authoriz-
ing ordinanoe may provide completion dates for each phase, which
provisions shall supersede this paragraph.
0
0
CHAPTER 12.15
DISTRICT AND BOUNDARIES THEREOF
Section 12.15.010 Official Zoning Map. The locations and boun-
daries of the zoning district shall be as shown on the Map accom-
panying this Ordinance entitled, "Official Zoning Map, Edmonds,
Washington". The Official Zoning Map and all the notations,
references and other information shown thereon are hereby adopted
by this Ordinance and by this reference the information set forth
on said Map is adopted as if set forth in full. The Official
Zoning Map, signed by the Mayor and attested by the City Clerk,
with the seal of the municipality affixed, shall be kept on file
in the office of the City Clerk and a duplicate kept in the office
of the Building Inspector, and shall be available for inspection
by the public.
Section 12.15.020 Boundary Interpretation. Where uncertainty
exists as to boundaries of any district shown of said Map, the
following rules shall apply:
A. Where district boundaries are indicated as approximately
following street lines, alley lines, or lot lines, such
lines shall be construed to be such boundaries;
B. In subdivided property or where a district boundary
divides a lot, the location of such boundary, unless
the same is indicated by dimensions, shall be deter-
mined by use of the scale appearing on the Map. Where
a district boundary line, as appearing on the Official
Zoning Map, divides a lot in single ownership, which
is of record at the time of this enactment, the district
requirement for the least restricted portion of such lot
shall be deemed to apply to the whole thereof, provided
that such extension sh—all not i; anni „ie -any rar1- o._.f� c.,i.C�h
Z1--
lot ._ more than 35 feet beyond the district boundary line;
C. Where any street, road, or alley is hereafter officially
vacated or abandoned the regulations applicable to each
parcel of abutting property shall apply to that portion
of such street, road, or alley added to the property by
virtue of such vacation or abandonment;
D. All lands not classified according to the established
district classifications on the Official Zoning Map,
and all lands now shown on the said Map, shall be
classified as RS-12, pending study, public hearing and
specific classifications;
-56-
All land hereafter annexed to the City shall be considered
tentatively as having the Zone (district) classification
such land enjoyed while in the County, pending study,
public hearing and specific classification.
Section 12.15.030 Application of Regulations.
Except as hereinafter provided, no building shall be erected
reconstructed, or structurally altered, nor shall any
building orland be used, except in compliance with all the
regulations established by this Ordinance and for the dis-
trict in which the building or land is located;
The minimum yards or other open spaces required by this
Ordinance, including those provisions regulating intensity
of use, for each and every building hereafter erected or
structurally altered shall not be encroached upon or con-
sidered as meeting the yard or open space requirements or
the intensity -of -use provisions for any other building.
In the event of any such unlawful encroachment or reduction
such building shall be deemed to be in violation of the
provisions of this code and the certificate of occupancy
for such building thereupon shall be null and void;
Where a lot is formed from part of a lot already occupied
by a building, such separation shall be effected in such
manner as not to impair any of the requirements of this
Ordinance with respect to the existing buildings, and all
yards and other open spaces in connection therewith, and
no permit shall be issued for the erection of a new build-
ing on the new lot thus created unless it complies with
the provisions of this Ordinance.
Section 12.15.040 Continuance of Non -Conforming Use of Buildings.
Any non -conforming building or structure may be continued and main-
tained, provided there is no physical change other than necessary
maintenance and repair in such building or structure.
Section 12.15.050 Change Of Use. Any part of a building, structure
or land occupied by a non -conforming use may be changed to a use
which is of the same or of a more restricted nature; but where the
use of a non -conforming building, structure, or land is hereafter
changed to a more restricted classification, it shall not thereafter
be changed to a use of a less restricted classification.
Section 12.15.060 Vacancy: Termination Of Non -Conforming Use.
Any part of a building, structure, or land occupied by a non -conform-
ing use, which hereafter becomes vacant and remains unoccupied for a
continuous period of 180 days shall not thereafter be occupied except
by a use which conforms to the use regulations of the district in
which it is located.
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Section 12.15.070 Change of Tenancy Or Ownership. There may be a
change of tenancy, ownership or management of an existing non -con-
forming use, provided there is no change in the nature or character
of such non -conforming use except to a conforming use.
Section 12.15.080 Completion Of Pending Construction. The adoption
of this Ordinance shall not limit the construction of any building
for which a permit has been obtained prior to its adoption and pub-
lication, even though such building does not conform to the provisions
of this Ordinance.
Section 12.15.090 Maintenance Permitted. A non -conforming building
or structure may be repaired and maintained as provided in and as
limited by this Section. The maintenance of such building or struc-
ture shall include only necessary repairs and incidental alterations,
which alterations, however, shall not extend or expand the non -con-
forming use of such building, provided that necessary alterations
may be made required by other law, ordinance or official, such as
for unsafe buildings; and provided, further, that the cost of such
work in any twelve month period shall not exceed 25 percent of the
actual value of the building as determined by applying to the
assessed valuation thereof (according to the assessed valuation
established by Snohomish County Assessor) the ratio of full or
saleable to assessed value as fixed by said Snohomish County Assess-
or.
Section 12.15.100 Restoration of Damaged Building. A non -conform-
ing building or structure having been damaged or partially destroyed
by fire, or other calamity, to an extent not exceeding 50 percent
of its actual value, as determined in Section 12.15.090 above at
the time of the damage, may be restored and its immediately previ-
ous occupancy or use existing at the time of such partial destruc-
tion, may be continued or be resumed, provided the work of recon-
struction is commenced within one year of the date of such partial
destruction. Whenever a non -conforming_ budding or structure is
damaged in excess of 50 percent of its actual valuation, as above
determined, the use and repair or reconstruction of such building
shall conform to all of the regulations of the district in which it
is located and it shall be treated as a new building. In addition,
if such building is moved for any reason for any distance what-
ever, then, in any such event, the said building and the land on
which said building was located shall conform to all the regulations
specified by this Ordinance for the district in which such land or
buildings are located.
Section 12..15.110 Additions, Enlargements, Moving.
A, A building or structure which is non -conforming as to
use regulations, shall not be added to or enlarged in any
manner unless such building or structure including such
additions and enlargements, is made to conform to all
regulations of the district in which it is located;
B. A building or structure, non -conforming as to height or
density regulations, may be added to or enlarged if such
addition or enlargement conforms to the regulations of
the district in which it is located. In such case, such
addition or enlargement shall be treated as a separate
building or structure in determining conformity to all
of the requirements of this Ordinance;
C. When a building or structure or portion thereof is moved
from one district to another or tQ another location
within the same district, it must conform or be made
to conform to all of the regulations of the district to
which it is moved.
Section 12.15.120 Expansion Prohibited. A non -conforming use of
a portion of a building or structure, which building or structure
otherwise conforms to the provisions of this Ordinance, shall not
be extended or expanded into any other portion of such conforming
building or structure, nor changed except to,a conforming use. A
non -.conforming use of a portion of land, the rgmainder of which
land conforms to the provisions of this Ordinance, shall not be
expanded into any other portion of such conforming land, nor
changed except to a conforming use. If such non -conforming use
or portion thereof is discontinued for a 180 day or more period,
or changed to a conforming use, any future use -of such land, build-
ing structure or portion thereof shall be in conformity to the
regulations of the district in which such land, building or struc-
ture is located.
Section 12.15.130 Continuance of Non -Conforming Use of Land and
Signs. The non -conforming use of land (where no building is invol-
ved) existing at the date of this Ordinance becomes effective, may
be continued, provided that:
A No such non -conforming use of land shall in any way be
expanded or extended either on thesame or adjoining
property;
B. All non -conforming signs, commercial advertising
structures and objects and their supporting members
located in RS-20, RS-12, RSW-12, RS-8, RS-6, RD, RMH,
RML, or OS districts are hereby declared to be injuri-
ous to the health, safety and welfare and destructive
of aesthetic and environmental living conditions sought
to be created by the passage of this Ordinance and shall
be removed or made conforming within six months from
the effective date of this Ordinance; provided, however,
non -conforming billboards shall be removed within three
years from the effective date of this Ordinance.
Section 12.15.140 Abatement Or Required Conformance Of Uses
Other Than Those Eligible For Conditional Use Permit. Regardless
of any other provision of this Ordinance, except Section 12.15.150,
every BN, BC, CW, CG or other commercial use which, after the
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adoption of this Ordinance, exists as a non -conforming use in any
RS-20, RS-12, RSW-12, RS-8, RS-6, RD, RML, RMH or OS district,
shall within 5 years after the passage of this Ordinance, revert
to a conforming use and it shall be discontinued and removed and
any further use of the property shall be changed to a use permitted
in the district. Further, regardless of any other provision of
this Ordinance except Section 12.15.150 every non -conforming open
use of land such as, but not limited to, junk yard, fuel yard,
builders supply yard, contractors yard, or lumber yard which,
after the passage of this Ordinance, exists as a non_conforming
use in any RS-20, RS-12, RSW-12, RS-8, RS-6, RD, RMH, RML, BN,
BC, CW, or OS districts shall within three years after the same
revert to a conforming use.
Section 12.1.5.150 Continuance of Uses Eligible for Conditional
Use Permit. Any use, including land and/or buildings, which use
was lawfully existing as a conforming use immediately prior to the
time of the adoption of this Ordinance, and by reason of the adop-
tion of this Ordinance such use is now specifically permitted
subject to the grant of a conditional use permit in the zone
classification (district) in which it is located under this Ordinance,
shall without further action be deemed to be a conforming use in
such zone classification; provided this section shall apply to
only those said uses which by reason of the adoption of this
Ordinance are located in the following zone classifications: BN,
BC, CDJ and CG.
Section 12.15.160 Notice Of Abatement Or Required Conformance.
Whenever the owner shall fail to comply with provisions of this
Ordinance relating to the removal or discontinuance of a non-
conforming use, the City of Edmonds, shall take action as may be
necessary to cause compliance with the provisions hereof. When
any non -conforming condition exists which is subject to abatement,
it shall be the responsibility of the Building Inspector to ascer-
tain to the extent possible, the date upon which the non -conforming
use was established or acquired. The Building Inspector shall
notify the owner and/or occupant of the subject property of the
intent to consider all pertinent data in connection therewith and
provide the opportunity for the owner and/or occupant to present
such evidence which properly relates to such case. The Building
Inspector shall establish the facts upon which the determination
is made to require such property owner to abate or make the use
conforming, and shall formally notify the owner and the occupant
in writing, of the decision and of the date by which such use or
uses shall be abated or made conforming. Such formal notification
shall be by certified or registered mail to the property owner and
a copy mailed to the occupant at the address of the premises. In
the event the non -conforming condition is not abated or made con-
forming on the date specified, the owner and/or occupant shall be
deemed in violation of this Ordinance, and subject to the penalties
herein.
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Section 12.15.17❑ District Changes. Whenever the boundaries of
a district shall be changed so as to transfer an area from one
district to another district of a different classification, the
foregoing provisions shall also apply to any non -conforming
uses thereby existing therein.
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LJ
0
0
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I
CHAPTER 12016
ADMINISTRATION
Section 12.16.010 Building Inspector. The Building Inspector
(Building Official), as established by the Building Code of the City
of Edmonds, shall be responsible for enforcing the provisions of this
Ordinance. The Building Inspector, and his duly authorized assist-
ants, shall have the right to enter any building or enter upon any
land during the daytime in the course of their duties, upon showing
proper identification and upon giving reasonable notice.
Section 12.16.020 Records. The Building Inspector shall maintain
in his office, all building permits issued, applications for building
permits, non -conforming uses in the City, and certificates of occu-
pancy issued by him which shall be open to -,the public for inspection.
The building permits, certificates of occupancy, and applicationsf
for building permits shall be issued as provided for in the Building
Code of said City, including amendments thereto. The Building Inspec-
tor shall keep a record of each and every identifiable complaint of
a violation of any of 1he:provisions of this Ordinance, the action
taken, consequent to any such complaint, which records shall be open
to the public for inspection.
Section 12.16.030 Permits Issued Contrary To This Ordinance. Any
such building permit, certificate of occupancy, or other authoriza-
tion issued, granted or approved in violation of the provisions of
this Ordinance, shall be null and void and of no effect without the
necessity of any proceedings for a revocation or nullification
thereof, and any work undertaken or use established pursuant to any
such building permit, certificatecof occupancy, or other authorization
shall be unlawful, and no action shall be taken by any Board officer,
or any employee of the City purporting to validate any such violation.
Section 12.16.040 Certificate Of Occupancy And Non -Conforming Uses.
Certificates of occupancy shall be issued as required by the Build-
ing Code. All non -conforming uses of building or land shall, within
one year of the date when said use of building or land becomes non-
conforming, obtain a similar certificate of occupancy. The Building
Inspector shall make his best efforts to notify non -conforming users
and inform them that they must apply for said certificate, but his
failure so to do shall not excuse the property owner from securing
said certificate. Non -conforming uses of land and/or buildings for
which no certificate of occupancy has been issued within the year
provided for herein, shall be conclusively presumed in violation
of this Ordinance and may be abated as provided herein.
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Section 12.16.050 Board Of Adjustment. A Board of Adjustment is
hereby established. The word 'Board' when used herein, shall mean
the Board of Adjustment. The Board shall consist of five members
and shall be appointed by the Mayor with approval of the Council.
In case any vacancy should occur in the membership of the Board,
for any cause, the Mayor shall fill such vacancy by making,an
appointment with the approval of the Council. The new appointee
shall fulfill the unexpired term. The members of the Board may be
removed by the Mayor, subject to the approval of the Council, for
neglect of duty or acts involving a breach of moral turpitude.
Before the removal of any member of the Board of Adjustment, the
allegations upon which the removal is based shall be set forth
in writing and the member being removed shall be given reason-
able notice thereof and he shall be given an opportunity to be
heard before the Council. The initial membership shall consist
of one member appointed for one year, one member for two years,
one member for three years, and two members for four years; and
each appointment thereafter shall be for four years.
Section 12.16.060 Powers of the Board. The Board shall hear and
decide appeals from any determination made by the Building Inspec-
tor, applications for conditional use and for variances, and such
other matters as specifically authorized by the Edmonds City Code.
Section 12.16.070 Conditional Uses. The Board shall have the
authority to grant in particular cases and subject to appropriate
conditions and safeguards, conditonal use permits as authorized by
this Ordinance. The application for a conditional use permit may
accompany the application for a building permit and/or a certifi-
cate of occupancy. In addition to the conditional use permits
specifically authorized in the use districts (zone classifications)
of this Ordinance, those uses contained in the Table of Condition-
al Uses will be considered for the zone:indicated by an "x" opposite
the use. The application shall be made to the Building Inspector
who shall transmit the application to the Board for review and
recommendations. Thereafter, the Board shall conduct a public
hearing and may grant or deny the conditional use requested.
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TABLE OF CONDITIONAL USES
USE
ZONE
R
S
-
2
0
R
S
-
1
2
R
S
W
-
1
2
R
S
-
8
R
S
-
6
R
D
R
M
L
R
M
H
B
N
B
C
C
W
C
G
O
S'
Amateur radio tower and antenna
x
x
x
x
x
x
Amusement park or zoo
x
Automotive laundry
x
x
Automotive wrecking
x
Cemeteries, mausoleums, columbariums
and crematories
x
x
Drive-in Theaters
x
Drive-in businesses
x
Excavations, other than simple foun-
dation
x
x
x
x
x
x
x
x
x
x
x
x
x
Garages, for storage only of automo-
biles as an accessory to a public
or quasi -public institution
x
x
x
x
x
x
x
x
x
x
x
x
Go-kart tracks
x
Golf driving range and putting course
x
Golf courses
x
x
x
x
Heliports or helistops
x
x
x
x
x
Home occupations
x
x
x
x
x
x
x
x
Horse riding stables
x
Hospitals
x
x
x
x
x
Kennels, commercial
x
Land fills, reclamation to improve
steep, low or otherwise unusable
land
x
x
x
x
x
x
x
x
x
x
x
x
x
Land fills, sanitary, for disposal of
stumps, trash
x
Microwave relay stations
x
Motels and motor hotels
x
Nursery, child or day care homes
x
x
x
x
x
x
Nursery, landscape materials
x
x
x
x
x
Open space development
x
Produce stands
x
x
x
Public transportation shelter stations
x
x
x
x
x
x
x
x
x
x
x
x
Public utility installations
x
x
x
x
x
x
x
x
x
x
x
x
x
Quasi -public buildings, non profit in
character
x
x
x
x
x
x
x
x
x
x
Radio and television broadcasting sta-
tions and towers
x
Rapid transit routes and terminals
x
x
x
x
x
x
x
x
x
x
x
Swimming pools or beaches, public or
semi -private
x
x
x
x
x
x
x
x
Temporary buildings or structures
x
x
x
x
x
x
x
x
x
x
x
x
Tourist homes, catering to seasonal
trade
x
x
x
x
Undertaking est., mortuaries, funeral
homes or parlors
x
x
Water and sewage treatment plants, water
x
x
x
x
towers
r A
gKoMaiii
Section_12.16.0_80_ Conditional Use Criteria. The standards and
criteria governing the issuance of conditional use permits are as
follows. -
A. That the use will not endanger the public health,
morals and general welfare if located where proposed
and developed, and recognize and compensate for vari-
ations and degree of technological processes and
equipment as related to the :factors of noise, smoke,
dust, fumes, vibration, odors and hazard or public
need; and,;
B. That the use meets all required conditions and
specifications set forth in the zone where it
proposes to locate,- including the general provisions
set forth in Chapter 12.14 of this Code,- and
C. That the use will not be injurious or detrimental
to adjoining or abutting property; or that the use
is a public necess-ity; and
D. That the location and character of the use, if devel-
oped according to the plan as submitted and approved,
will be in harmony and compatible with the area in
which it is to be located as set forth in the appli-
cable zoning classification in Chapter 12.13 and the
Comprehensive Plan for the development of Edmonds
and its environs; and
E. In addition, the Board may impose specific conditions
precedent to establishing the use and said conditions
may include-.
1. Increasing requirements in the standards, criteria
or policies established by this Ordinance;
2. Stipulate the exact location as a means of mini-
mizing hazards to life, limb, property damage,
erosion, land slides or traffic;
3. Require structural features or equipment essential
to serve the same purposes set forth in item (2)
above;
4-. Impose conditions similar to those set forth in
items (2) and (3) above, as deemed necessary to
establish parity with uses permitted in,the same
:;.zone in their freedom from nuisance generating
features in matters of noise, odors, air pollution,
wastes, vibration, traffic, physical hazards.
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F. All conditions required by the Board shall be entered
in the minutes of the meeting at which the permit is
granted and also on the certificate of the conditional
use permit;
G. To ensure the establishment of the above conditions,
the Board of Adjustment shall have the authority to
require and approve a specific plan and to increase the
requirements as set forth above, but in no case shall the
Board have the authority to decrease the requirements
of this Ordinance for any use in the zone it proposes
to locate. Any such decrease in the requirements of
this Ordinance shall only be granted upon the issuance
of a variance.
Section 12.16.090 Denials, Compliance.
A. In the event of failure to comply with the plans
approved by the Board, or with any conditions imposed
upon the conditional use permit, the permit shall
thereupon immediately become void and of no effect;
B. Where plans are required to be submitted and approved
as part of the application for a conditional use permit,
modifications of the original plans may be made by the
Board after review.
Section 12.16.100 Variances.- Conditions Governing Applications:
Procedures. The Board of Adjustment shall have the authority to
grant a variance from the requirements of this Ordinance, after
considering the matter at a public hearing duly called, giving
notice as provided herein.
A. The standards and criteria for the Board on Applications
for variances shall be as follows-.
1. In considering all proposed variances to this
Ordinance, the Board shall first determine that
the proposed variance will not amount to a
re -zone and constitute change in the district
boundaries shown on the Official Zoning Map;
2 That special conditions and circumstances exist
which are peculiar to the land such as size, shape,
topography or location, not generally applicable
to other lands in the same district and that
strict enforcement of the provisions of this
Ordinance would deprive the property owner of
rights commonly enjoyed by other properties
similarly situated in the same district under
the terms of this Ordinance;
gZAM
3. That the special conditions and circumstances
do not result from the actions of the applicant;
4. That there are unnecessary hardships and
practical difficulties which render it difficult
to carry out the provisions of this Code;
5. That the granting of the variance will not be
materially detrimental to the public health, safety,
morals or welfare or injurious'to the property
or improvements in the vicinity and zone in which
-.sub`ject property is situated;
6. That the reasons set forth in the application
justify the granting of the variance, and that the
variance is the minimum variance that will make
possible the reasonable use of the land;
7. That the granting of the variance will generally
be in harmony and compatible with this Code and
in particular the applicable zoning classifications
in Chapter 12.13, the intent expressed in such
classifications and the Comprehensive Plan for
the City of Edmonds, and will not be injurious to the
neighborhood, or otherwise detrimental to the public
health, safety, morals or general welfare .in such
factors as noise, sanitation, traffic, pollution,
erosion, vibration, physical hazards.
8. The fact that property may be utilized more
profitably will not be an element of considera-
tion before the Board of Adjustment.
B. In granting any variance, the Board of Adjustment may
prescribe appropriate conditions and safeguards that
will ensure that the purpose and intent of this Ordinance
shall not be violated. Violation of such conditions and
safeguards when made part of the terms under which the
variance is granted, shall be deemed a violation of this
Ordinance and punishable under Section 12.16.160, "Pen-
alties".
IM:*C
C. With respect to uses of land, buildings and other
structures, this Ordinance is declared to be a defini-
tion of the public interest by the City Council, and the
spirit of this Ordinance will not be observed by any
varianc& which permits 6 use not generally or by condi-
tional use permitted in the district involved, or any
use expressly or by implication prohibited, by the terms
of this Ordinance in said district. Therefore, under
no circumstances shall the Board of Adjustment grant a
variance to permit a use not generally or by conditional
use permitted in the district involved, or any use
expressly or by implication prohibited, by the terms
of this Ordinance in said district.
Section 12.16.110 Time Decision Effective. The decision of the
Board granting or denying a conditional use permit or a variance,
shall not become final until the expiration of five days from the
date of entry of such decision in the official records of the Board,
unless the Board shall find that the making of the decision effective
immediately is necessary for the preservation of property or per-
sonal rights and shall so certify on the record of the request for
a conditional use permit; and if a building permit and/or occupancy
permit is not obtained for the subject property within one year
from the date of the -Board's decision, the conditional use permit
or variance shall be automatically null and void. The decision of
the Board shall be final, subject to review by the Superior Court.
Section 12.16.120 Meetings. Meetings of the Board shall be --held
at least once a month, provided there is business to transact and
at such other times as the Chairman of the Board may determine.
The meetings shall be held in the Edmonds Civic Center and all
regular Board meetings shall be open to the public. The Board
shall adopt its own rules of procedure and keep minutes of its
proceedings, findings and action in each case, and the vote of
each member present on each question considered in the proceedings,
unless a member disqualifies himself. The presence of three
members shall be necessary to constitute a quorum and three affir-
mative votes shall be necessary for granting a variance or a con-
ditional use permit.
Section 12.16.130 Procedure.
A. The City Clerk shall maintain and be custodian of all
records of the minutes of the Board, and findings and
decisions of the Board. All records shall be open to
the public. All appeals from interpretations of the
Building Inspector, and applications for variances and
conditional use permits, shall be in writing on forms
prescribed by the Board and shall be accompanied by
$10.00 to cover the costs of processing. Every appeal
and application shall refer to the specific provision
of the Ordinance involved, and shall set forth the in-
terpretation that is claimed, the use for which the
conditional use permit is requested., or the details of
the variance that is applied for and the reasons for
which it is claimed that the variance should be granted,
as the case may be.
B. At least five days before the date of the hearing on an
appeal or application for a conditional use permit
before the Board, the Secretary of the Board shall trans-
mit to the planning Commission a copy of said applica-
tion or appeal, together with a copy of the notice of the
aforesaid hearing and shall request that the planning
Commission shall submit to the Board its advisory recommenda-
i:icn of said application or appeal., and the planning
Commission shall submit its recommendation prior to the
date of hearing.
C. Any party aggrieved by any decision of the Board who
seeks review by the Superior Court shall commence said
action within thirty (30) days of the effective date
of the decision of the Board.
Section 12.16.140 Stay. When any appeal is made to the Board
from the decision of the Building Inspector, any further findings
of the matter shall be stayed until the final determination by the
Board of Adjustment.
A. When an appeal is taken to the Superior Court from any
decision of the Board, all proceedings therein shall be
stayed until final determination by the Superior Court.
Section 12.16.150 public Notice And Hearing. No action of the
Board shall be taken on any matter until after proper notice has
been given and public hearing has been held. proper notice of
a hearing,before the Board shall be:
A. One publication in the official newspaper of the City
of Edmonds at least ten days prior to the date of
hearing;
B. Posting of copies of the Notice of Hearing at least
ten days prior to the hearing in (1) the Civic Center
of Edmonds, (2) the United States Post Office in the
City of Edmonds, and (3) in a conspicuous place on the
property which is the subject matter of the application
to the Board;
Section 12.16.160 Violations and Penalties.
A. Any person or corporation, whether owner, lessee,
principal, agent, employee, or otherwise, who violates
any of the provisions of this Ordinance or knowingly
permits any such violation or fails to comply with
any of the requirements thereof, or who erects, constructs,
reconstructs, alters, enlarges, converts, moves, or
uses any building or uses any land in violation of any
detailed statement or plans submitted by him and approved
under the provisions of this Ordinance, shall be guilty
of a misdemeanor and upon conviction thereof, shall be
punishable by a fine not exceeding $300.00 or imprison-
ment for a period not to exceed 90 days, or both. Each
week's continued violation shall constitute a separate
additional violation.
B. In case any building or structure is erected, constructed,
reconstructed, altered, converted or maintained, or any
building, structure or land is used in violation of
this Ordinance, theproper legal authorities of the City
of Edmonds, in addition to other remedies, may insti-
tute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use, to restrain,
correct or abate such violation, to prevent the occupancy
of said building, structure, or land, or to prevent any
illegal act, conduct, business or use in or about such
building, structures, or land.
Section 12.16.170 Amendments.
A. Proposed amendments, supplementations, or modifications
of the text of this Ordinance, or the Official Zoning
Map made a part hereof, shall first be heard by the
Planning Commission and the decision shall be made and
reported by resolution by the Planning Commission within
90 days of the time that the proposed amendments, supple-
mentations, or modifications were made. The City Council,
pursuant to public hearing called by them as provided
herein may affirm, modify or disaffirm any decision of
the Planning Commission.
B. Proposed amendments, supplementations, or modifications
may be initiated as follows:
1m By motion of the City Council or the Planning Commission.
2. By any interested party by making application to the
Planning Commission on forms prescribed by said
Commission, accompanied by the appropriate filing
-70-
fee prescribed in Chapter 12.01 of the Edmonds
City Code.
C. Upon the initiation of the proposed amendment, supple-
mentation or modification the Planning Commission shall
give proper notice and hold a public hearing at the
time and date set forth in the notice. Proper notice
of a hearing before the Planning Commission shall be:
1. One publication in the official newspaper of the
City of Edmonds at least 10 days prior to the date
of the hearing.
2. Posting of copies of the Notice of Hearing in (1)
the Civic Center of the City of Edmonds, (2) the
United States Post Office in the City of Edmonds,
and, in the event the proposed amendment, supple-
mentation, or modification involves a change in
the Official Zoning Map, (3) Posting notices
thereof along every road or street abutting the
land as proposed to be changed.
D.. Public hearing for applications or motions involving
amendments, supplementations or modifications of the
Official Zoning Map shall be heard on the following
dates: the third Wednesday in February, May, Septem-
ber and November; provided, however, that where the City
Council, by a vote of not less than five of its members,
finds that an emergency exists, it may waive this
restriction.
E. The City Council, pursuant to public hearing called
by them upon written application therefor by any
interested party or upon their own order, may affirm,
modify or disaffirm any decision of the Planning Com-
mission.
Section 12.16.180 Interpretation. In interpreting and applying
the provisions of this Ordinance, they shall be held to be the
minimum requirements for the promotion of the public health, safety,
convenience, comfort, morals, and general welfare.
A. It is not the intention of this Ordinance to interfere
with any more strict requirements which may be imposed
by a covenant, deed restriction, city, county, state,
or federal health officer, that has jurisdiction in
the City of Edmonds or any other applicable ordinance
of the City of Edmonds.
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B_ Where this Ordinance imposes a greater restriction upon
the use of buildings, the provisions of this Ordinance
shall govern.
Section 12.16.190 Constitutionality or Invalidity. If any sec-
tion, chapter, subsection, clause or phrase of this Ordinance, or
any portion, district or zone of the Official Zoning Map, is for
any reason held to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect the validity or constitu-
tionality of the remaining portions of this Ordinance or of any
other portion of the Official Zoning Map, it being hereby expressly
declared that this Ordinance, and each section, chapter, subsection,
sentence, clause and phrase hereof and every portion, district or
zone of the Official Zoning Map, would have been prepared, proposed,
adopted, approved and ratified irrespective of the fact that any
one or more sections, chapters, subsections, sentences, clauses,
districts, zones or portions thereof, be declared invalid or uncon-
stitutional.
Section 12.16.200 Repealer. The provisions of this Ordinance
shall be integrated into the existing planning procedures, com-
prehensive plan and Ordinances of the City of Edmonds,upon the
effective date of this Ordinance and the following provisions of
the Edmonds City Code are hereby repealed:
A. Section 12.04.100 of Chapter 12.04 (Comprehensive Plan)
of Title 12 (Zoning and Platting).
B. Chapter 12.12 (Comprehensive Zoning Code) in its
entirety, being sections 12.12.001 through 12.12.770
inclusive, of Title 12 (Zoning and Platting).
C. Section 3 (Zoning, Saving) of Ordinance No. 1068,
passed by the City Council on September 1, 1964, is
hereby repealed.
Section 12.16.210 Savings. Any structure or the use of any land
or structure which was established or existed in violation of the
provisions of Ordinance No.s 789 and 812 as amended, shall not, by
virtue of the adoption of this Ordinance or any map hereunder,
become legal, and no rights shall attach thereto which did not
exist under Ordinance No.s 789 and 812 as amended; provided,
however, that if any such use or structure conforms to the provis-
ions of this Ordinance, this section shall not apply.
Section 12.16.220 When Effective. This Ordinance shall take
effect and be in force five days fro d after its passage,
approval, and legal publication.
GORDON MAXWELL
MAYOR
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ATTEST:
IRENE VARNEY MO N
CITY CLERK
PASSED BY THE CITY COUNCIL: October 20, 1964
FILED WITH THE CITY CLERK:. October 20, 1964
riIrovEnm8 R s -
PUBLISHED: ect_b___ 29, '1964
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