HomeMy WebLinkAbout10-25-2022 - Agenda Packet
MEDINA, WASHINGTON
PLANNING COMMISSION MEETING
Hybrid - Virtual/In Person
Tuesday, October 25, 2022 – 6:00 PM
AGENDA
COMMISSION CHAIR | Laurel Preston
COMMISSION VICE-CHAIR | Shawn Schubring
COMMISSIONERS | Laura Bustamante, Li-Tan Hsu, David Langworthy, Mark Nelson,
Mike Raskin
PLANNING MANAGER | Stephanie Keyser
Virtual Meeting Participation
Planning Commission has moved to hybrid meetings, offering both in-person and online meeting
participation. Members of the public may also participate by phone/online. In accordance with the
direction from Governor Inslee, masking and social distancing will be optional for those
participating in person. Individuals who are participating online and wish to speak live must
register their request with the Development Services Coordinator, Rebecca Bennett, at
425.233.6414 or email rbennett@medina-wa.gov and leave a message before 12PM on the day
of the October 25 Planning Commission meeting. Please reference Public Comments for October
25 Planning Commission Meeting in your correspondence. The Development Services
Coordinator will call on you by name or telephone number when it is your turn to speak. You will
be allotted 3 minutes for your comment and will be asked to stop when you reach the 3 minute
limit. The city will also accept written comments. Any written comments must be submitted by 12
PM on the day of the October 25 Planning Commission meeting to the Development Services
Coordinator at rbennett@medina-wa.gov.
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1. CALL TO ORDER / ROLL CALL
2. APPROVAL OF MEETING AGENDA
3. APPROVAL OF MINUTES
3.1 Planning Commission Minutes of September 27, 2022
Recommendation: Approve Minutes
Staff Contact: Rebecca Bennett, Development Services Coordinator
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4. ANNOUNCEMENTS
4.1 Staff/Commissioners
5. AUDIENCE PARTICIPATION
Individuals wishing to speak live during the Planning Commission meeting will need to
register their request with the Development Services Coordinator, Rebecca Bennett, via
email (rbennett@medina-wa.gov) or by leaving a message at 425.233.6414 before 12pm
the day of the Planning Commission meeting. Please reference Public Comments for the
October 25 Planning Commission meeting on your correspondence. The Development
Services Coordinator will call on you by name or telephone number when it is your turn to
speak. You will be allotted 3 minutes for your comment and will be asked to stop when
you reach the 3-minute limit.
6. DISCUSSION
6.1 Minor Code Clean-Up (2022)
Recommendation: N/A
Staff Contact(s): Stephanie Keyser, Planning Manager
Time Estimate: 60 minutes
7. ADJOURNMENT
ADDITIONAL INFORMATION
Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless
otherwise specified.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification
or accommodation, including auxiliary aids or services, to participate in this meeting, please
contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting.
UPCOMING MEETINGS
Tuesday, November 15, 2022 – Special Meeting at 6:00 PM
Monday, December 12, 2022 – Joint PC/CC Meeting at 5:00 PM
Tuesday, December 27, 2022 – Regular Meeting Cancelled
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MEDINA, WASHINGTON
PLANNING COMMISSION SPECIAL
MEETING
Virtual/Online
Tuesday, September 27, 2022 – 4:00 PM
MINUTES
COMMISSION CHAIR | Laurel Preston
COMMISSION VICE-CHAIR | Shawn Schubring
COMMISSIONERS | Laura Bustamante, Li-Tan Hsu, David Langworthy, Mark Nelson,
Mike Raskin
PLANNING MANAGER | Stephanie Keyser
1. CALL TO ORDER / ROLL CALL
PRESENT
Chair Laurel Preston
Vice Chair Shawn Schubring
Commissioner Laura Bustamante
Commissioner Mark Nelson
Commissioner Li-Tan Hsu
ABSENT
Commissioner David Langworthy
Commissioner Mike Raskin
STAFF
Bennett, Burns, Keyser, Wilcox
2. APPROVAL OF MEETING AGENDA
By consensus, Planning Commission approved the meeting agenda as presented.
3. APPROVAL OF MINUTES
3.1 Planning Commission Minutes of June 21, 2022
Recommendation: Approve Minutes
Staff Contact: Rebecca Bennett, Development Services Coordinator
ACTION: Motion to amend minutes and add Commissioner Hsu to Roll Call list.
(Approved 6-0)
Motion made by Commissioner Nelson, Seconded by Vice Chair Schubring.
Voting Yea: Chair Preston, Vice Chair Schubring, Commissioner Bustamante,
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AGENDA ITEM 3.1
Commissioner Hsu, Commissioner Nelson
4. ANNOUNCEMENTS
4.1 Staff/Commissioners
No announcements were made by staff nor commissioners.
5. AUDIENCE PARTICIPATION
There was no audience participation.
6. DISCUSSION
6.1 Planning Commission Update
Recommendation: N/A
Staff Contact(s): Stephanie Keyser, Planning Manager
Time Estimate: 30 minutes
Keyser announced that the original vs. average grade discussion is on hold as more
research needs to be done by our planning consultant. Council has adopted the tree
code as presented. Council approved help with the competitive plan. Housing
discussions will need to be had within Planning Committee over the next few years. A
new Planning Committee meeting time of 6:00pm was decided.
6.2 Minor Code Clean-Up (2022)
Recommendation: N/A
Staff Contact(s): Stephanie Keyser, Planning Manager
Time Estimate: 60 minutes
Keyser gave presentation of code clean-up. Commissioners discussed and asked
questions.
7. ADJOURNMENT
Meeting adjourned at 5:11pm.
ACTION: Motion to adjourn.
Motion made by Vice Chair Schubring, Seconded by Commissioner Bustamante.
Voting Yea: Chair Preston, Vice Chair Schubring, Commissioner Bustamante,
Commissioner Hsu, Commissioner Nelson
4
AGENDA ITEM 3.1
MEDINA, WASHINGTON
AGENDA BILL
Tuesday, October 25, 2022
Subject: Minor Code Clean-Up (2022)
Category: Discussion
Staff Contact(s): Stephanie Keyser, Planning Manager
Summary
It’s time for our yearly code clean-up. The 2022 proposed amendments include housekeeping
items, a clean-up of repealed sections, and amendments that will make the code conform to
recent and not-so-recent legislation.
It is anticipated that a public hearing on the amendments will be held during the November
meeting with Council adopting them in December.
Attachment(s) 1. Summary of Amendments
2. Red-lined Draft
Budget/Fiscal Impact: N/A
Recommendation: N/A
Proposed Commission Motion: N/A
Time Estimate: 60 minutes
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AGENDA ITEM 6.1
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
MEMORANDUM
DATE: October 25, 2022
TO: Medina Planning Commission
FROM: Stephanie Keyser, Planning Manager
RE: Minor Code Clean-Up (2022)
Due to the amount of time required to coordinate with the State for SMP amendments, Staff has
temporarily removed the proposal for hard shoreline stabilization replacement. This amendment
will come back next year when we begin the Development and SMP amendments required with
the Comprehensive Plan Update.
Section Title Proposed Amendment
MMC 10.08.010 Streets and Roads Remove house address
MMC 12.44 Street Vacations Clarifies that costs will be recovered for city staff time
even if a petitioner withdraws their street vacation
petition (City Attorney drafted amendment)
MMC 16.12.090 “H” Definitions Remove housekeeping unit from H definitions
MMC 16.12.200 “S” Definitions Housekeeping amendments to the S definitions
MMC 16.22.040 Protrusions Into Setback
Areas
Clarifies existing mechanical equipment location and
units for nonconforming houses
MMC 16.30.020 Signs Remove language in the code that regulates the
content of signs (Reed V. Gilbert)
MMC 16.34.020 Accessory Dwelling Units Amend ADU section to remove burdensome language
MMC 16.34.040 Accessory Recreational
Facilities
Correct a scrivener’s error
MMC 16.70.030 Administrative Approvals Repeal Construction Code of Conduct (Clean Up)
MMC 16.71.040 Administrative
Discretionary Approvals
Repeal Level 1 Tailored Construction Mitigation Plan
(Clean Up)
MMC 16.72.080 Quasi-Judicial Approvals Repeal Level 2 Tailored Construction Mitigation Plan
(Clean Up)
MMC 16.80.050 Project Permit
Procedures
Clarify that the Hearing Examiner is the decision
authority for Site Plan Reviews
Summary of Proposed Amendments
1. MMC 10.08.010 – Streets and Roads. The purpose of this amendment is to remove the
referenced street address that identifies the end of the Medina city limits on Lake
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AGENDA ITEM 6.1
Washington Blvd. It’s not appropriate to have an address as an identifier in code as
addresses can and do change.
2. MMC 12.44 – Street Vacations. The amendments in this chapter are to clarify that if a
petitioner withdraws their street vacation petition, or if it is denied, they (the petitioner) are
still responsible to reimburse the city for full expenses and costs incurred processing the
petition.
3. MMC 16.12.090 – “H” Definitions. The purpose of this amendment is to remove
housekeeping unit from the “H” definitions.
4. MMC 16.12.200 – “S” Definitions. The purpose of this amendment is to amend definitions
in the “S” definitions.
5. MMC 16.22.040 – Protrusions Into Setback Areas. The purpose of this amendment is to
clarify that existing mechanical units may be replaced by installing a new unit in the same
location, regardless of setbacks. This amendment also provides relief for residents of
legally nonconforming houses so that they may place new units in the side setbacks,
provided they are 5-feet away from the property line. In both of these circumstances, the
units still must pass the required sound test and screening required by code. There would
be no new impact to neighbors.
6. MMC 16.30.020 – Signs. The purpose of these amendments is to be in compliance with
Reed v. Gilbert. Although PC did a sign code update in 2017, the code still has language
where content is regulated, which is not allowed.
7. MMC 16.34.020 – Accessory Dwelling Units. The purpose of these amendments is to
remove language that’s overly burdensome to homeowners and frankly are an example
where theory (code) and practice just don’t mesh. This is more often a problem when
someone has an existing structure that they want to either convert to an ADU (like an
existing detached garage) or they have an existing ADU that they want to expand or
remodel and start using again. The code requires an additional separated use for a
detached ADU. An example of creating a second use would be building a second-floor
apartment on the detached garage. This creates an overly burdensome situation on
homeowners who have ended up having to spend more money or come up with ridiculous
floor plans that wall off section or create an outside accessible “storage closet” just to meet
the intent of the code.
8. MMC 16.34.040 – Accessory Recreational Facilities. The purpose of this amendment is
to correct a scrivener’s error.
9. MMC 16.36.060 – Nonconforming Structures. The purpose of this amendment is to clarify
that a structure loses its nonconformity when it experiences substantial destruction (under
the new definition proposed in this update in MMC 16.12.200).
10. MMC 16.70.030 – Administrative Approvals. The purpose of this amendment is a clean-
up to repeal an old code section that was missed with previous amendments.
11. MMC 16.71.040 – Administrative Discretionary Approvals. The purpose of this
amendment is a clean-up to repeal an old code section that was missed with previous
amendments.
12. MMC 16.72.080 – Quasi-Judicial Approvals. The purpose of this amendment is a clean-
up to repeal an old code section that was missed with previous amendments.
13. MMC 16.80.050 – Project Permit Procedures. The purpose of this amendment is a clean-
up to clarify that the Hearing Examiner is the decision authority for Site Plan Reviews
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AGENDA ITEM 6.1
Chapter 10.08 – Streets and Roads
10.08.010 – Functional classification of the City of Medina’s streets and roads.
Applying the definitions as established by the Federal Highway Administration (FHWA),
U.S. Department of Transportation, for a minor arterial, collector, and local access
transportation route, the following designations are adopted for the City of Medina's streets and
roads:
A. Minor arterial.
1. 84th Avenue NE, from NE 12th Street to NE 28th Street.
B. Collector.
1. Evergreen Point Road, from Overlake Drive West to 78th Place NE.
2. Overlake Drive West, from Evergreen Point Road to Groat Point Drive.
3. Overlake Drive East, from Groat Point Drive to Lake Washington Boulevard.
4. NE 12th Street, from Evergreen Point Road to Lake Washington Boulevard.
5. Lake Washington Boulevard, from NE 12th Street to the Medina city limit near 851
Lake Washington Boulevard.
6. NE 24th Street, from Evergreen Point Road to 84th Avenue NE.
C. Local access.
1. All other streets and roads within the City of Medina.
*** *** *** ***
Chapter 12.44 – Street Vacations
*** *** *** ***
12.44.050. - Petition by owners.
The owners of an interest in real estate abutting upon or underlying public ROW may petition the
city council for vacation thereof in accordance with requirements of this chapter.
A. The petitioner shall apply for a vacation by submitting the following to the city clerk:
1. A vacation petition with supporting affidavits on forms provided by the city.
2. A diagram of the location and a survey of the subject property and immediate area of
the proposed vacation including the abutting and/or underlying properties, all prepared by a
licensed surveyor registered in the State of Washington.
3. A legal description of the subject property prepared by a licensed surveyor registered
in the State of Washington.
4. For each abutting and underlying property and petitioner, a title report indicating the
extent and type of ownership and providing a legal description of the petitioner's property.
5. The vacation fees and deposits as established by this chapter and city ordinance.
6. Any additional information or material the city determines is reasonably necessary for
the city council to understand, consider and evaluate the requested vacation.
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AGENDA ITEM 6.1
B. The petition shall be filed with the city clerk and shall be signed by owners of more than
two-thirds of the property abutting the subject property (based on front footage) or underlying the
subject property (based on square footage).
C. The city clerk shall determine the petition's compliance with this chapter. For the purpose
of determining the sufficiency of signatures of owners of private property on a petition or a consent
to vacate determined by the city council, the following rules shall govern as applicable:
1. The signature of an owner of property shall be as set forth in the King County assessor
records and confirmed by a title report.
2. In the case of a property subject to a contract of purchase, the signature of the contract
grantor and grantee shall be required.
3. In the case of property ownership by corporation or similar entity, the signature of the
officer authorized by the bylaws and resolution of the board of directors evidenced by an excerpt
of the bylaws and copy of the resolution, each duly certified by the secretary of the corporation,
and granting such authority.
4. In the case of property owned or controlled by an estate, guardian or conservator of a
decedent or incompetent, the signature of the duly qualified administrator, executor or guardian
accompanied by a duly certified copy of his/her judicial appointment or designation.
D. Each petitioner shall be responsible to reimburse the City for the full expenses and costs
incurred by the City to process the petitioner’s requested vacation, regardless of the outcome of
the City’s review and decision thereon or petitioner’s withdrawal of the petition. In addition to any
other provisions of the MMC or this chapter, the City Manager shall keep account of all
administrative and working time, costs and expenses, including those incurred by City employees,
contractors, consultants, legal counsel, appraisers, appointed officers and other individuals acting
on behalf of or for the benefit of the City in the course of processing the petition. The City Manager
shall periodically compile such time, costs and expenses and invoice the petitioner for payment
thereof, which shall be made by petitioner not more than fifteen (15) from the date of the invoice.
Upon the City’s final decision to grant, deny or otherwise act on the petition, the City Manager
shall compile a final invoice for all remaining unpaid amounts, time, costs and expenses and shall
present such invoice to the petitioner for prompt payment. No vacation shall become final nor be
recorded until all invoices have been paid in full by the petitioner. In the event petitioner does not
make timely payment as set forth herein, the City may suspend further review and processing of
the petition.
*** *** *** ***
12.44.080. - Petition fees and costs; compensation.
A. The petition, properly signed, shall be filed with the city clerk and accompanied by payment
of the application fee and the estimated appraisal cost, which amounts shall be paid into the
general fund of the city to defray the costs and expenses incurred by the city to: appraise the
subject property, determine the sufficiency of the petition, evaluate and investigate the petition,
and report the facts, circumstances and conclusions concerning the petition to the city council.
Fees and costs shall not be returned or refunded to the petitioners regardless of the city council's
action on the petition.
B. The amount of the fees and costs due upon filing shall be as follows:
1. The minimum application fee established by the city's then current fee schedule.
2. An appraisal fee deposit of $2,500.00, which may be adjusted by the city manager up
to the amount of the MAI appraisal bid or estimate submitted to the city.
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AGENDA ITEM 6.1
C. In the event that the application fee, and/or the appraisal deposit costs set forth in subsection
(B) of this section is insufficient to reimburse the city for all of the city's costs and expenses
incurred in relation to the petition, the balance shall be determined and paid by the petitioner in
accordance with MMC 12.44.050(D). immediately upon receipt of the city's invoice.
D. In the event the vacation is granted by the city council, the petitioner shall immediately pay
upon receipt of an invoice the amount required by the city council as compensation for the area
being vacated as provided in MMC 12.44.180 and all amounts payable in accordance with MMC
12.44.050(D). A vacation ordinance shall not be effective until such time as the petitioner pays
all sums due to the city, including all compensation due to the city for the vacation and all costs
and expenses of the city in processing the petition. The city shall not record an approved vacation
ordinance until such time as all such compensation, fees, costs and reimbursements are paid in
full. If any portion of such amount remains unpaid for 30 days after submittal of a final invoice to
the petitioner, the city council shall rescind and vacate the approved vacation ordinance.
E. In the event that the city council initiates a vacation, fees shall not be required unless council
directs otherwise.
*** *** *** ***
Chapter 16.12 – Definitions
16.12.090. “H” definitions.
Habitat conservation areas means areas designated as fish and wildlife habitat
conservation areas.
Hardscape means any inorganic decorative landscape materials, including but not limited
to stones, boulders, cobbles, pavers, decorative concrete incorporated into an overall landscape
design of the grounds. This definition includes, but is not limited to, patios, walkways, steps, and
other paved areas on the ground.
Hazard areas means areas designated as geologically hazardous areas due to potential for
erosion, landslide, seismic activity, or other geologic condition.
Hazard tree means a tree designated by the city arborist as having a high to extreme risk
using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) system.
A hazard tree must have a likely or very likely potential to fail and a target that might sustain
injury or damage. Hazard trees are created through a variety of circumstances including human
influences, disease, and weather.
Hearing body means the body designated by the city council to preside over an open-
record hearing or closed-record appeal.
Hearing examiner means the person appointed pursuant to MMC 2.72.020 with the powers
and duties prescribed in Chapter 2.72 MMC.
Height means a vertical distance measured between two points.
Home business means an economic enterprise to make a product or perform a service, or
to undertake any activity that requires a business license from the State of Washington, that is
conducted or operated pursuant to MMC 16.31.010 within a single family dwelling by the
resident occupant or owner thereof, which use or activity shall be clearly incidental and
secondary to the residential use of the dwelling, including the use of the dwelling as a business
address in a directory or as a business mailing address.
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AGENDA ITEM 6.1
Horticulture means the occupation of cultivating plants, especially flowers, fruit, and
vegetables.
Hot tub means a hydro-massage pool, or tub for recreational or therapeutic use designed
for immersion of users, and usually having a filter, heater, and motor-driven blower.
Household staff means individuals who spend more than 50 percent of their working time
employed at the residence site and in no event work less than 20 hours per week, including
caregivers.
Housekeeping unit means one or more persons living together sharing household
responsibilities and activities, which may include sharing expenses, chores, eating evening
meals together and participating in recreational activities and having close social, economic and
psychological commitments to each other. A housekeeping unit does not include larger
institutional group living situations such as dormitories, fraternities, sororities, and similar groups
where the common living arrangement or basis for the establishment of the housekeeping unit is
temporary.
Hydraulic project approval (HPA) means a permit issued by the State Department of Fish
and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.
Hydric soil means a soil that is saturated, flooded or ponded long enough during the
growing season to develop anaerobic conditions in the upper part. The presence of hydric soil
shall be determined following the methods described in the approved federal wetland
delineation manual and applicable regional supplements.
Hydrophytic vegetation means macrophytic plant life growing in water or on a substrate
that is at least periodically deficient in oxygen as a result of excessive water content. The
presence of hydrophytic vegetation shall be determined following the methods described in the
approved federal wetland delineation manual and applicable regional supplements.
*** *** *** ***
16.12.200. "S" definitions.
School means a school operation with 13 or more attendees at any one time, not including
immediate family members who reside in the school or employees.
School operation means any institution of learning, excluding those offering post-secondary
education, offering instruction in the several branches of learning and study required by the
Basic Education Code of the State of Washington to be taught in the public, private and
parochial school.
Scrub-shrub wetland means a regulated wetland with at least 30 percent of its surface area
covered by woody vegetation less than 20 feet in height as the uppermost strata.
Security barrier means an obstruction, such as fences, walls, vegetation and similar
elements that restricts public access.
Seismic hazard areas means areas that are subject to severe risk of damage as a result of
earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral
spreading, or surface faulting.
Sensitive areas. See "critical areas."
SEPA. See definition of "State Environmental Policy Act (SEPA)."
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AGENDA ITEM 6.1
Service area means the vicinity around a wireless communication facility that effectively
receives signals from and transmits signals to the facility.
Setback means the minimum distance from the property line to where a structure may be
built. (See MMC 16.22.030.)
Setback area means the area of a lot or building site between the property line and the
limits set by city regulations within which no permanent structure may intrude unless allowed
otherwise by law.
Shorelands or shoreland areas means those lands extending landward for 200 feet in all
directions as measured on a horizontal plane from the ordinary high water mark or floodways
and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and
river deltas associated with the streams, lakes and tidal waters which are subject to the
provisions of the Washington State Shoreline Management Act of 1971 and the City of Medina
shoreline master program, Chapters 16.60 through 16.67 MMC.
Shorelines means all of the water areas of the state as defined in RCW 90.58.030,
including reservoirs and their associated shorelands, together with the lands underlying them
except:
1. Shorelines of statewide significance;
2. Shorelines on segments of streams upstream of a point where the mean annual flow
is 20 cubic feet per second or less and the wetlands associated with such upstream
segments; and
3. Shorelines on lakes less than 20 acres in size and wetlands associated with such
small lakes.
Shorelines of statewide significance means those areas defined in RCW 90.58.030 and
limited in the City of Medina to Lake Washington.
Sign means any medium visible to the public including its structure and component parts
which is used or intended to be used out of doors to convey a message to the attract attention
from a public right-of-way or otherwise attract attention to its subject matter, for advertising or
any other purposes to a building, use, business or event; or to promote the sale of products,
goods or services; using graphics, written copy, letters, numbers, figures, symbols, logos, or
registered trademarks. Painted wall designs or patterns which do not represent a product,
service, or registered trademark, and which do not identify the user, are not considered signs.
Sign, A-board means a portable sign consisting of two sign faces hinged at the top and
separated at the bottom to make it self -standing.
Sign area means the area of the face of the sign. When a dimensional sign contains
information on two sides of the sign, only one side is counted in determining sign area, except
A-board signs where the average area of the two faces shall be used to determine sign area.
Sign, banner means a sign made of lightweight fabric or similar material that is temporarily
mounted to a pole or building by one or more edge. National, state or municipal flags, or the
official flag of any institution, shall not be considered banners.
Sign, commercial means a sign containing commercial content used for identifying a
building, use, business or event, or to advertise the sale of goods, products, events or services.
This includes real estate and event signs.
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AGENDA ITEM 6.1
Sign face means the surface upon, against or through which the letters, numerals, figures,
symbols, logos and graphic elements comprising the content or message of a sign is displayed
or illustrated, not including the sign support structure, or architectural features of a building.
1. In the case of freestanding signs, the sign face shall include the entire area of the sign
panel, cabinet or face substrate including borders upon which the sign message is
displayed or illustrated. See Figure 1.
Figure 1
2. In the case of signs displayed on or mounted to buildings or fences, the sign face shall
include the area of the entire panel, cabinet or face substrate upon which the sign
message is displayed including framed, painted or illuminated borders that contrast
the sign from the background of the building or fence. See Figure 2.
Figure 2
3. In the case of signs consisting of individual letters and/or individual graphic elements
painted or affixed to a building or structure, the sign face shall comprise the sum of the
geometric figures or combination of regular geometric figures drawn using connected
straight lines closest to the edge of the letters or separate graphic elements
comprising the sign message. See Figure 3.
Figure 3
Sign, freestanding means a sign attached to a self-supporting structure such as columns,
poles, or braces placed in or upon the ground.
Sign height means the total vertical measurement of a sign including all components of the
sign and the sign's support structure.
Sign, illuminated means a sign characterized using artificial light, either projecting through
its surface (internally or trans-illuminated), or reflecting off its surface (externally illuminated).
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AGENDA ITEM 6.1
Sign, location identity means signs that identify address numbers, property owners, and/or
geographic areas such as neighborhoods and subdivisions.
Sign, mounted means a sign that is applied or affixed to a building, wall or fence.
Sign, municipal means a sign erected by the City of Medina, or its authorized
representatives, for the safety, convenience or information of its citizens, including, but not
limited to, traffic control signs, legal notices, city entrance signs, and signs announcing public
and community events, meetings, and activities.
Sign, noncommercial means a sign containing noncommercial content used for identifying
a building, use, or event, or to advertise noncommercial matters, excluding municipal signs.
Sign, off-site means any sign that advertises or relates to an event, activity, use, good,
product, or service that is not available on the premises upon which the sign is erected.
Sign, on-site means any sign that advertises or relates to an event, activity, use, good,
product, or service that is lawfully permitted to be offered, sold, traded, provided, or conducted
at the location or premises upon which the sign is erected.
Sign, permanent means any sign which is affixed to the ground or to any permanent
structure or building, including walls, awnings and fences, in such a manner that it cannot be
moved or transported with ease, and which is intended to remain in one location and position for
an extended period of time.
Sign, real estate and events means a temporary sign that is for the sole purpose of
advertising a parcel, tract, lot, site or home for rent, lease or sale; for advertising the sale of a
home's household belongings; or which identifies an individual or company performing an active
construction project that has obtained building permits under MMC 16.40.010(A) or (B), and
which construction activity is visible from a public street right-of-way, including remodels. For
purposes of this definition, "construction projects" shall not include routine maintenance of
property such as landscaping care.
Sign support structure means any structure designed specifically for the support of a sign
and which does not form part of the sign proper or of the display.
Sign, temporary means a sign displaying either commercial or noncommercial messages
which is not permanently affixed to the ground or any permanent structure or building, and
which is capable of being moved or transported with ease, and which is only intended to be
used for a short period of time.
Sign, window means a sign affixed to the surface of a window with its message intended to
be visible to the exterior environment.
Significant tree means a tree of at least six-inch DBH size and of a species as identified on
the "City of Medina List of Suitable Tree Species" as set forth in Chapter 16.52 MMC.
Single-family dwelling means a dwelling unit which is occupied as, or designed or intended
for occupancy as, a residence by one family and may include family guests and/or household
staff. The owner of the single-family dwelling may provide lodging to persons who are not
guests and who are not part of a family provided the total number of persons, including
nonfamily persons living in the dwelling, does not exceed three, excluding children with familial
status within the meaning of Title 42 United States Code, Section 3602(k). The limitation on the
number of nonfamily persons living in the dwelling shall not apply to adult family homes, family
day-care providers' home facilities as prescribed by RCW 35A.63.215, and other living
arrangements which would violate Title 42 United States Code, Section 3604.
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AGENDA ITEM 6.1
Single-family dwelling, detached means a separate unconnected single-family dwelling
surrounded by open space and yards and which contains one dwelling unit and up to one
accessory dwelling unit. A detached single-family dwelling may have detached accessory
buildings including, but not limited to, garages, accessory recreational facilities, cabanas and
similar residential accessories having no more than one room plus a bathroom and otherwise
not designed as an independent residence.
Single Housekeeping Unit, means one household where all the members have common
access to and common use of all living, kitchen, and eating areas within the dwelling unit and
household activities and responsibilities such as meals, chores, expenses and maintenance of
the premises are shared or carried out according to a household plan or other customary
method.
Soil survey means the most recent soil survey for the local area or county by the National
Resources Conservation Service, U.S. Department of Agriculture.
Spa. See definition under "hot tub."
Species means any group of animals classified as a species or subspecies as commonly
accepted by the scientific community.
Species, endangered means any fish or wildlife species or subspecies that is threatened
with extinction throughout all or a significant portion of its range and is listed by the state or
federal government as an endangered species.
Species of local importance means those species of local concern due to their population
status or their sensitivity to habitat manipulation, or that are game species.
Species, priority means any fish or wildlife species requiring protective measures and/or
management guidelines to ensure their persistence as genetically viable population levels as
classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive,
candidate and monitor species, and those of recreational, commercial, or tribal importance.
Species, threatened means any fish or wildlife species or subspecies that is likely to
become an endangered species within the foreseeable future throughout a significant portion of
its range without cooperative management or removal of threats, and is listed by the state or
federal government as a threatened species.
Sport court means an area of ground defined by permanent surfacing, equipment and/or
fencing for the purpose of playing tennis, badminton, basketball and similar social games.
State Environmental Policy Act (SEPA) means environmental review procedures required
under Chapter 43.21C RCW, Chapter 197-11 WAC, and Chapter 16.04 MMC.
Steep slope means any area with a slope of 40 percent or steeper and with a vertical relief
of ten or more feet except areas composed of consolidated rock. A slope is delineated by
establishing its toe and top and measured by averaging the inclination over at least ten feet of
vertical relief.
Story means that portion of a building included between the upper surface of any floor and
the upper surface of the floor next above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling or roof.
Stream means a course or route, formed by nature or modified by humans and generally
consisting of a channel with a bed, banks, or sides throughout substantially all its length, along
which surface waters, with some regularity (annually in the rainy season), naturally and normally
flow in draining from higher to lower lands. This definition does not include specially designed
irrigation and drainage ditches, grass-lined swales, canals, stormwater runoff devices, or other
15
AGENDA ITEM 6.1
courses unless they are used by salmonids or to convey watercourses that were naturally
occurring prior to construction.
Street means a right-of-way, opened or unopened, that is intended for motor vehicle travel
or for motor vehicle access to abutting property. "Street" includes all the area within the right-of-
way, such as roadways, parking strips, and sidewalks. For the purposes of the zoning code,
"street" shall not include private lanes.
Street frontage means the property line abutting streets.
Structural coverage means the area of a lot covered by structures. (See MMC 16.23.030.)
Structure means that which is erected, built or constructed, including an edifice or building
of any kind, or any piece of work artificially built up or composed of parts joined together in
some definite manner.
Subdivision means the division or redivision of land into five or more lots, tracts, parcels,
sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Subdivision, accumulative short means multiple short subdivisions of contiguous existing
lots held under common ownership, which would result in the creation of five or more lots within
a five-year period of the initial short subdivision approval. "Ownership" for the purpose of this
definition means ownership as established at the date of the initial short subdivision approval.
Subdivision, short means the division or redivision of land into four or fewer lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Substantial destruction means to remove more than 60 percent of the existing exterior wall
framing of a structure, as measured by the horizontal linear length of all existing exterior walls.
Any partial removal of existing framing shall count towards the measurement of horizontal linear
length the same as if the entire framing within that horizontal linear length was removed, except
partial removal shall not include replacement of windows or doors when no beams or struts are
removed. For the purpose of substantial destruction, existing exterior walls shall exclude
exterior walls built less than 18 months prior to submittal of a building permit application.
damage of any origin that is voluntarily or involuntarily sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 60 percent of
the fair market value of the structure before the damage occurred. The calculation of the 18
months shall include to the time after the date the last permit involving construction of a new
exterior wall was finalized by the city.
Substantially means significant in the size or amount and has a noticeable impact on the
current situation to a degree that would satisfy a reasonable person as significant.
Support structures means the structure to which antennas and other necessary associated
hardware are mounted, including, but not limited to, lattice towers, monopoles, utility support
structures, and existing nonresidential buildings.
Swimming pool means any artificially constructed water-holding device that has a minimum
depth of 42 inches and is of sufficient size for swimming, wading, immersion, or therapeutic
purposes.
*** *** *** ***
Chapter 16.22 – Lot Development Standards
*** *** *** ***
16
AGENDA ITEM 6.1
16.22.040. Protrusions into setback areas.
The following structures may be located within a setback area, excluding setbacks from
Lake Washington, which are subject to Chapter 16.63 MMC:
A. Utilities which are located underground and accessory to a principal use, except the
requirement for undergrounding is not required if the limitation in MMC 16.50.090(I)(6)
applies;
B. Walkways, stairs and steps, and driveways, not including parking spaces, which do
not exceed 30 inches above the existing or finished grade, whichever grade is lower;
C. Uncovered decks and patios, provided:
1. No part of the structure exceeds 30 inches in height above the existing or finished
grade, whichever grade is lower; and
2. The following setbacks are maintained:
a. A minimum 15-foot setback is maintained from the front property line;
b. A minimum 10-foot setback is maintained from the rear property line; and
c. A minimum side-yard setback equal to one-half the required distance pursuant to
Table 16.22.030
D. Window wells that do not project more than six inches above the ground level and do
not protrude more than four feet into the setback area;
E. Fences and freestanding walls which comply with the requirements set forth in MMC
16.30.010;
F. Irrigation systems at or below finished grade, including yard hydrants, sprinkler heads
and similar features that do not exceed 36 inches above the finished grade;
G. Ramps and similar structures installed to a single-family dwelling to provide access for
elderly and/or disabled persons;
H. Foundation footings where the footing structure does not protrude more than two feet
into the setback area and is located entirely below the ground surface;
I. Improved surface areas for off-street parking provided:
1. The protrusion is limited to the setback area from a front property line;
2. The parking area is designed in a manner that is clearly distinguishable from the
driveway;
3. A minimum 15-foot setback is maintained from the front property line;
4. The top of the parking surface does not exceed 30 inches above the existing or
finished grade, whichever is lower;
J. A chimney provided:
1. The protrusion is limited to the setback area from a side property line;
2. The maximum horizontal width of the chimney inside the setback area is five feet;
and
3. The chimney does not protrude more than two feet into the setback area;
K. Small accessory structures and outdoor mechanical equipment provided:
17
AGENDA ITEM 6.1
1. The protrusion is limited to the setback area from a rear property line and a minimum
15-foot setback from the rear property line is maintained;
2. The highest point of the accessory structure or outdoor mechanical equipment does
not exceed eight feet in height above the finished grade;
3. The accessory structure or outdoor mechanical equipment does not occupy a
footprint greater than 100 square feet;
4. Solid landscape screening pursuant to MMC 16.30.070 is planted that screens the
structure or mechanical equipment from adjoining properties; and
5. A minimum 15-foot setback from the rear property line is maintained; For outdoor
mechanical equipment, the following shall apply:
a. An existing unit may be replaced with a new unit in the same location regardless
of setback requirements;
b. For existing legally nonconforming residences that do not conform to the current
side yard setback requirements, a new unit may be installed in the side yard setback
provide a minimum 5-foot setback is maintained from the side property line; and
6. All mechanical equipment shall meet the sound requirements set forth in MMC 8.06.
L. Open play structures without roofs or walls provided:
1. The protrusion is limited to setback areas from a rear property line;
2. The maximum height of the play structure does not exceed ten feet above the
finished grade;
3. The play structure does not occupy a footprint greater than 100 square feet;
4. A minimum ten-foot setback from the rear property line is maintained;
M. Swimming pools, spas and hot tubs as provided for in MMC 16.34.040;
N. Raised planting bed boxes, which do not exceed 30 inches above the existing or
finished grade, whichever grade is lower;
O. Low impact development best management practices or treatment best management
practices provided:
1. The best management practice shall be designed, constructed, and maintained in
accordance with the stormwater manual adopted under MMC 13.06.020.
2. Best management practices, including associated vegetation, shall be located
entirely on private property.
3. The maximum height of any structural element associated with the best management
practice shall not exceed 30 inches above the existing or finished grade, whichever
grade is lower.
4. The best management practice shall be designed to manage or treat stormwater
runoff solely from the building site and from less than 5,000 square feet of
impervious surface.
5. Examples of acceptable best management practices, as those practices are defined
in Chapter 16.12 MMC, include but are not limited to the following:
a. Rain garden;
b. Bioretention;
c. Dispersion; and
d. Biofiltration treatment.
18
AGENDA ITEM 6.1
*** *** *** ***
16.30.020. Signs.
A. Purpose. The purpose of this chapter is to recognize that signs have a strong visual impact
on the character and quality of the community. As a part of the scenery, signs attract or
repel the viewing public, affect the safety of vehicular traffic, and their suitability or
appropriateness helps set the tone for the neighborhood. The city recognizes the value of
maintaining its high-quality residential character through the provision of appropriate and
aesthetic signage. In addition, limiting the size, type and location of signs will minimize their
distracting effect on drivers and thereby improve traffic safety.
B. Intent. The intent of this chapter is to promote the public health, safety and welfare through
a comprehensive system of reasonable, effective, consistent, content-neutral and
nondiscriminatory sign standards and requirements. This chapter has also been adopted
to:
1. Promote and accomplish the goals, policies and objectives of the city’s
comprehensive plan and zoning code; and
12. To provide content-neutral design standards for signage; and
23. To recognize the predominately high-quality, single-family residential setting and built-
out character of the community by permitting signs that complement this character;
and
34. To establish regulations for the design, number, placement and size of exterior signs
consistent with the city's high-quality residential character; and
45. To provide business establishments the ability to identify themselves with signage
consistent with the high-quality residential setting of the community; and
56. To promote public safety by controlling the amount of clutter and visual distractions
caused by signs; and
67. To establish minimum requirements for maintenance of signs.
C. Interpretations. This chapter shall not be interpreted to restrict speech on the basis of its
content, viewpoint, or message. Any classification of signs in this chapter which purports to
permit speech by reason of the type of sign, identify of the sign user or otherwise, shall be
interpreted to allow commercial or noncommercial speech on the sign. No part of this
chapter shall be construed to favor commercial speech over noncommercial speech. To
the extent that any provision of this chapter is ambiguous, the term shall be interpreted not
to regulate speech on the basis of the content of the message.
BD. Applicability.
1. Applicability. The requirements of this section shall apply to all signs including sign
structures, unless exempt under subsection (BD)(2) of this section. No sign shall be
installed, erected and/or displayed within the jurisdiction of the City of Medina, except
as provided for in this section and MMC 16.64.070 (shoreline master program).
2. Exemptions. The following signs are exempt from the requirements of this section:
19
AGENDA ITEM 6.1
a. Signs required by federal or state statutes or regulations that are exempt from local
regulations;
b. Signs placed inside of buildings or within the boundaries of a lot where the sign is not
visible from other properties or city rights-of-way;
c. Wall graphics of an artistic nature which do not contain commercial advertisement
conform to the definition of sign in MMC16.12.200;
d. Signs associated with a community event sanctioned by the city or with a special
event where a special event permit is obtained pursuant to Chapter 9.40 MMC; and
e. Signs meeting the definition of location identity sign as set forth in MMC 16.12.200,
which meet the requirements set forth in MMC 16.30.030.
3. Limited exemptions. The following signs are exempt from permit, number, height and
size requirements prescribed elsewhere in this section:
a. Flags that are not of a commercial nature, provided no more than three flags are
displayed on the lot simultaneously;
b. All signs having a sign area of 100 square inches or less, provided:
i. The sign is not located within city rights-of-way; and
ii. No more than two signs qualifying for this exemption are visible from city rights-
of-way or nearby properties;
c. Permanent signs having a sign area greater than 100 square inches, but not
exceeding 144 square inches, provided:
i. The purpose of the sign is to warn against trespassing consistent with the
restrictions on peddlers and solicitors in Chapter 5.12 MMC;
ii. The sign is not located within city rights-of-way; and
iii. No more than three signs per property qualifying for this exemption are visible
from city rights-of-way or nearby properties;
d. Signs circulating traffic on private property provided:
i. The sign is not located within city rights-of-way;
ii. The sign does not exceed two square feet in sign area; and
iii. No more than two signs qualifying for this exemption are visible from city rights-
of-way or nearby properties;
e. Signs associated with nonresidential uses that communicate operational information
such as, but not limited to, hours of access and open/closed signs that do not exceed
two square feet in sign area; and
f. Municipal signs pursuant to the requirements in subsection (G) of this section.
4. Prohibited signs. The following signs are prohibited:
a. Signs erected and/or displayed within any public park or public property, except as
specifically allowed by the Medina Municipal Code;
b. Signs erected and/or displayed on private property without the express consent of
the owner thereof;
c. Signs posted on public traffic or safety sign posts;
d. Signs containing obscene or prurient words, scenes or graphics;
20
AGENDA ITEM 6.1
ed. Signs mounted on utility poles or light standards without the express consent of the
entity that owns or controls the utility pole;
fe. Signs in or on vehicles or vessels visible from public property or city rights-of-way,
unless the sign meets one of the following conditions:
i. The sign is an integral component of the vehicle or vessel and consists of
magnetic, decal or is painted onto or attached to the vehicle or vessel provided
the vehicle or vessel is in operational condition, and the vehicle or vessel is not a
static display;
ii. Signs on vehicles or vessels meeting the requirements in subsection (B)(2)(c) of
this section;
gf. Signs that are determined by the director to be a hazard to public safety due to their
design, materials, physical condition, or placement.
CE. General sign provisions.
1. How to apply the sign code. The principal use of the property, or the principal use of
the property abutting a city right-of-way, shall control in applying the nonresidential
sign standards in subsection (DF) of this section, or the residential sign standards in
subsection (E) of this section. The Medina Comprehensive Plan, Table 1: Land Use
Inventory identifies nonresidential uses in the city.
2. Determining signs allowed by use.
a. Commercial establishments may have:
i. Permanent signs authorized under subsection (D)(1) of this section;
ii. Temporary commercial and noncommercial signs authorized under subsections
(D)(2)(a) and (b) of this section;
iii. Exempt signs authorized under subsections (B)(2) and (3) of this section;
iv. Real estate and event signs authorized under subsection (F) of this section; and
iv. Location identity signs authorized in MMC 16.30.030;
b. Nonresidential uses other than commercial establishments may have:
i. Permanent signs authorized under subsection (D)(1) of this section;
ii. Temporary noncommercial signs authorized under subsection (D)(3)(b) of this
section;
iii. Exempt signs authorized under subsections (B)(2) and (3) of this section;
iv. Real estate and event signs authorized under subsection (F) of this section; and
iv. Location identity signs authorized in MMC 16.30.030.
c. Residential uses may have:
i. Permanent and temporary noncommercial signs authorized under subsection (E)
of this section;
ii. Exempt signs authorized under subsections (B)(2) and (3) of this section;
iii. Real estate and event signs authorized under subsection (F) of this section; and
iv. Location identity signs authorized in MMC 16.30.030.
21
AGENDA ITEM 6.1
32. Sign permits. A building permit is required for the following:
a. Erecting, installing or replacing any permanent sign having greater than two square
feet of sign area;
b. Erecting, installing or replacing any temporary sign located within any city right -of-
way having greater than four square feet in sign area;
c. Erecting, installing or replacing any temporary construction sign unless exempt
pursuant to subsection (BD)(2)(b) of this section;
d. Repairs to any sign meeting the size requirements in subsection (CE)(32)(a) or (b) of
this section, excluding ordinary repairs as defined by the adopted building code set
forth in Chapter 16.40 MMC.
43. Maintenance requirements.
a. Signs, including any and all components of the structures and/or supports thereof,
shall be maintained in a proper state of repair; and
b. The director may order abatement by repair, rehabilitation, demolition or removal of
any sign determined to be in a poor state of repair or dangerous due to likely
structural failure or faulty wiring.
54. Illumination.
a. The illumination shall be by a steady continuous light source;
b. Outdoor signs may be illuminated only by an external light source, except in the
neighborhood auto servicing zone signs may be internally illuminated;
c. Lighting must be shielded to prevent direct glare and/or light trespass into adjoining
lots;
d. Lighting shall be designed, located, installed and directed in such manner as to
prevent objectionable light at (and glare across) the property lines and disability glare
at any location on or off the property;
e. No lighting shall be directed towards passing traffic or towards nearby properties;
f. The recommendations set forth by the Illuminating Engineering Society of North
America (IES) shall be used in evaluating lighting for consistency with these criteria;
g. The luminance level shall not exceed five candelas per square foot (cd/ft2 );
h. The following types of illumination of signs are prohibited when visible from public
rights-of-way or nearby properties:
i. All strobe or flashing lights;
ii. All moving or animated features that manifest motion;
iii. Any lighted sign where the display can be changed or altered by electrical,
electronic or computerized methods; or
iv. Other types of illumination where the light source is not steady or continuous.
65. Signs in a city right-of-way. Placement of signs within a city right-of-way shall comply
with the following:
a. Signs shall be placed a minimum distance of ten feet from the edge of pavement,
except:
i. The director may approve placement at a distance of less than ten feet on a
case-by-case basis after considering public safety factors; or
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AGENDA ITEM 6.1
ii. Where the edge of pavement includes raised curbs, a sign may be placed less
than ten feet from the edge of pavement provided the sign does not cause
unsafe conditions for the public's use of the right-of-way;
b. Consent by the abutting property owner is required before placement of any sign
within a city right-of-way, excluding municipal signs; and
c. Applicable requirements in Chapter 12.28 MMC are followed.
76. Measuring sign height. The height of a sign is measured from the lowest point of the
existing grade beneath the sign to the highest point of the sign and sign structure.
87. Time limitations. Where a nonpermanent sign is required to be removed after a
designated time period, the designated time period shall be the maximum amount of
time the sign can be erected or displayed during any consecutive 12-month period,
except as provided for real estate/construction signs in Table 16.30.020(F).
Maximum number increased. The maximum number of temporary large yard signs
may be increased as follows:
a. One additional sign may be posted on the waterfront side of a lot adjoining Lake
Washington or on a side facing the golf course when a lot adjoins a golf course;
b. If a property does not adjoin a city right-of-way, one additional temporary sign may
be placed at the entrance to a public lane serving the subject property.
98. Scenic Vista Act. Signs that are visible from the SR 520 state highway or located
within the state highway right-of-way may be subject to the Scenic Vista Act set forth
in Chapter 47.42 RCW.
109. Support structures for freestanding signs.
a. The surface area of the support structure that is visible when looking perpendicular
at the sign face shall not exceed 120 percent of the maximum sign area allowed for
the sign.
b. When the surface area of a support structure is curved, the curve shall be projected
onto an xy-plane to calculate the surface area.
c. When a sign contains information on two sides, only one side is counted in
determining sign area, except A-board signs where the average area of the two
surface areas shall be used to determine surface area.
Diagrams 16.30.020(CE)(109) Surface Area of Support Structure
23
AGENDA ITEM 6.1
D. Nonresidential signs. Signs associated with nonresidential uses shall comply with all of the
standards set forth in this subsection (D).
1. Permanent signs. Table 16.30.020(D)(1) sets forth the requirements for permanent
signs associated with nonresidential uses.
Table 16.30.020(D)(1): Permanent Sign Standards—Nonresidential
Description Development Standard
Maximum sign area 24 square feet per sign
Maximum height:
• Freestanding sign 4 feet
• Mounted sign* Not to exceed the height of the building
Maximum number of signs One per each public street frontage the
building and/or principal use is adjacent to,
not to exceed 2
Placement location:
• On-site sign Allowed
• Off-site sign Prohibited
• On city right-of-way Prohibited
Sign illumination Allowed (see MMC 16.30.020(C)(5))
Sign removal Required within 30 days after abandonment
*Mounted signs are limited to being affixed to a building only
2. Temporary signs.
a. Commercial signs. Table 16.30.020(D)(2)(a) sets forth the requirements for
temporary commercial signs associated with nonresidential uses.
Table 16.30.020(D)(2)(a): Temporary Commercial Sign Standards—
Nonresidential
Description Development Standard
Maximum sign area 12 square feet
Maximum height:
• Freestanding sign 4 feet
• Mounted sign Not to exceed the height of the building, wall
or fence to which it is attached
Maximum number of signs One per each public street frontage the
building and/or principal use is adjacent to,
not to exceed 2
Placement location:
• On-site sign Allowed
• Off-site sign Prohibited
• On city right-of-way Allowed adjacent to lot only (see MMC
16.30.020(C)(6))
Sign illumination Prohibited
Sign removal Must be taken down during nonbusiness
hours
24
AGENDA ITEM 6.1
b. Noncommercial signs. Table 16.30.020(D)(2)(b) sets forth the requirements for
temporary noncommercial signs associated with nonresidential uses.
Table 16.30.020(D)(2)(b): Temporary Noncommercial Sign Standards—Nonresidential
Description Development Standard
Maximum sign area:
• Banner sign 15 square feet
• A-board sign 8 square feet
• All other signs 4 square feet
Maximum height:
• Freestanding sign 4 feet
• Mounted sign Not to exceed the height of the building, wall or fence to
which it is attached
Maximum number of signs:
• Banner signs exceeding
4 square feet in sign area
One
• Signs located on city
right-of-way
One per each 50 feet plus one for any remaining fraction
thereof of abutting lineal street frontage
• All other signs No restriction
Placement location:
• On-site sign Allowed
• Off-site sign Allowed
• On city right-of-way Banner sign Prohibited
All other temporary signs Allowed (see MMC
16.30.020(C)(6))
Sign illumination Prohibited
Sign removal Must be removed within 24 hours of related event ending, or
within 26 weeks of being erected and/or displayed, whichever
period is shorter
3. Specific content. Permanent and temporary commercial signs associated with
commercial establishments can display only content specific to the commercial
establishment and/or products, goods and services offered on site by the commercial
establishment.
4. Window signs.
a. Temporary signs placed on a building window shall not cover more than 40 percent
of the transparent surface area of the window.
b. A permanent sign painted or etched on a window may be allowed in lieu of a
mounted or freestanding sign prescribed in Table 16.30.020(D)(1) provided the
maximum sign area does not cover more than 40 percent of the transparent surface
area of the window.
5. In addition to the nonresidential commercial and noncommercial sign standards
prescribed by this subsection (D), real estate and event signs are allowed that comply
with the standards in subsection (F) of this section.
25
AGENDA ITEM 6.1
E. Residential sign standards. Signs associated with residential uses shall comply with all of
the standards set forth in this subsection (E).
1. Commercial signs. Permanent and temporary commercial signs shall not be erected
and/or displayed on properties, or in the adjacent city right-of-way, having a principal
use that is residential, except for real estate and event signs complying with the
requirements in subsection (F) of this section.
2. Noncommercial signs. Table 16.30.020(E) sets forth the requirements for all
permanent and temporary noncommercial signs associated with residential uses.
Table 16.30.020(E): Noncommercial Sign Standards—Residential
Description Development Standard
Maximum sign area:
• Banner sign 15 square feet
• All other signs 4 square feet
Maximum height:
• Freestanding sign 4 feet
• Mounted sign Not to exceed the height of the building, wall or fence to
which it is attached
Maximum number of signs:
• Banner signs exceeding
4 square feet in sign area
One
• Signs located on city
right-of-way
One per each 50 feet plus one for any remaining fraction
thereof of abutting lineal street frontage
• All other signs No restriction
Placement location:
• On-site sign Allowed
• Off-site sign Permanent sign Prohibited
Temporary sign Allowed
• On city right-of-way Permanent sign Prohibited
Banner sign
A-board sign
All other temporary signs Allowed (see MMC
16.30.020(C)(6))
Sign illumination Prohibited
Sign removal—Temporary
sign
Must be removed within 24 hours of related event ending, or
within 26 weeks of being erected and/or displayed, whichever
period is shorter
Sign removal—Permanent
sign
Required within 30 days after abandonment
F. Real estate and event signs. Real estate and event signs shall comply with all of the
standards set forth in this subsection (F).
1. In applying the definition of real estate and event sign to Table 16.30.020(F), the
following subcategories of real estate and event signs shall apply:
a. Real estate/construction signs, which are for the sole purpose of advertising a parcel,
tract, lot, site or home for rent, lease or sale; or which identify the individual or
26
AGENDA ITEM 6.1
company performing an active construction project including remodels of a property
that has obtained a building permit under MMC 16.40.010(A) or (B) from the city, and
which construction activity is visible from a public street right-of-way.
b. Event signs, which are for the sole purpose of selling a home's household
belongings or for advertising an open house event associated with the sale of a
parcel, tract, lot, or site.
2. Table 16.30.020(F) sets forth the requirements for all real estate and event signs.
Table 16.30.020(F): Real Estate and Event Sign Standards
Description Development Standard
Maximum sign area:
• Real estate/
construction sign
5 square feet
• Event sign 4 square feet
Maximum height:
• Freestanding
sign
6 feet
• Mounted sign Not to exceed the height of the building, wall or fence to which it is
attached
Maximum number of signs:
• Real
estate/construction
sign
One per lot, except as provided in MMC 16.30.020(F)(3)
• Event sign 3
Placement location:
• Real estate/construction sign:
• On-site sign Allowed
• Off-site sign Prohibited, except as allowed in MMC
16.30.020(F)(3)
• On city right-of-
way
Banner sign Prohibited
All other real estate
signs
Allowed adjacent to
lot only
• Event sign: • On-site sign Allowed
• Off-site sign Prohibited
• On city right-of-
way
Banner sign Prohibited
All other event signs Allowed (see MMC
16.30.020(H))
Illumination Prohibited
Sign removal:
• Real
estate/construction
sign
See MMC 16.30.020(F)(5)
• Event sign Must be removed daily within one hour after event closes each day,
not to exceed being displayed more than three days per week
3. The maximum number of real estate/construction signs may be increased as follows:
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AGENDA ITEM 6.1
a. One additional real estate sign may be posted on the waterfront side of a lot
adjoining Lake Washington or on a side facing the golf course when a lot adjoins a
golf course;
b. If a property does not adjoin a city right-of-way, one additional real estate sign
advertising only a parcel, tract, lot, site or home for rent, lease or sale may be placed
at the entrance to a private lane serving the subject property;
c. Additional construction signs are prohibited.
4. Event signs may be located further off site than adjacent to the subject lot provided
subsection (C)(5) of this section is satisfied.
5. A real estate/construction sign may be erected or displayed on a site for the duration
the property is for sale or the construction project is active, and shall be removed
within 24 hours or the next business day, whichever time is longer, after close of
property sale or completion of a construction project.
F. Sign types and standards. Table 16.30.020(F) sets for the sign types and standards.
Table 16.30.020(F): Sign Types and Standards
Sign Type Small Yard Signs
Examples include
single pole or step-
stake signs
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Allowed Allowed
Permanence Temporary Allowed
Permanent Prohibited
Time limit Must be removed within 24 hours of related event ending, or within
26 weeks of being erected and/or displayed, whichever period is
shorter
Illumination Prohibited
Maximum Sign Area 4 square feet
Maximum Height 4 feet
Placement On-Site Off-Site City Right-of-Way
Allowed Allowed Allowed (see MMC
16.30.020(E)(5))
Maximum Number
Permitted
Signs located on City Right-of-
Way
All other locations
One per 50 feet plus one for any
remaining fraction thereof
abutting lineal street frontage
No restriction
Installation Manually pushed or hammered into the ground
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AGENDA ITEM 6.1
Sign Type Portable Signs
Examples include
small and large A-
Board and free-
standing pole signs
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Prohibited Allowed
Permanence Temporary Allowed
Permanent Prohibited
Time Limit Must be taken down during nonbusiness or event hours
Illumination Prohibited
Maximum Sign Area A-Board 8 square feet
All Others 4 square feet
Maximum Height 4 feet
Placement On-Site Off-Site City Right-of-Way
Allowed Prohibited Allowed adjacent to
lot only (see MMC
16.30.020(E)(5))
Maximum Number
Permitted
One (1) per each public street frontage to building and/or principal
use adjacent to, not to exceed two (2)
Installation Stands free on ground, no foundation
Sign Type Banner Signs
Examples include
ground, and wall
mounted signs
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Allowed Allowed
Permanence Temporary Allowed
Permanent Allowed
Time Limit Temporary Must be removed within 24
hours of related event ending, or
within 26 weeks after being
erected and/or displayed,
whichever period is shorter
29
AGENDA ITEM 6.1
Permanent Must be removed within 30 days
after abandonment
Illumination Prohibited
Maximum Sign Area 15 square feet
Maximum Height Ground Banner 4 feet
Mounted Banner Not to exceed the height of the
building, wall, or fence to which
it is attached
Placement On-Site Off-Site City Right-of-Way
Allowed Temporary Allowed Prohibited
Permanent
Prohibited
Maximum Number
Permitted
One (1) banner sign exceeding 4 square feet in sign area
Installation Ground Banner Mounted Banner
Manually pushed or hammered
into the ground
Attached securely to a building,
wall, or fence
Sign Type Large Yard Signs
Examples include half
sheet, and quarter
sheet signs
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Allowed Allowed
Permanence Temporary Allowed
Permanent Prohibited
Time Limit Must be removed within 24 hours or the next business day,
whichever time is longer, after the completion of the project, close of
property sale, or conclusion of the event
Illumination Prohibited
Maximum Sign Area 5 square feet
Maximum Height 6 feet
Placement On-Site Off-Site City Right-of-Way
Allowed Prohibited, except as
allowed in MMC
16.30.020(E)(7)
Allowed adjacent to
lot only
Maximum Number
Permitted
One (1) per lot, except as provided in MMC 16.30.020(E)(7)
Installation No permanent foundation permitted
Sign Type Pole Banner
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AGENDA ITEM 6.1
Examples include
banners attached to
utility poles
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Allowed (see MMC
16.30.020(D)(4)(d))
Allowed (see MMC
16.30.020(D)(4)(d))
Category Temoporary Allowed
Permanent Prohibited
Time Limit Must be removed within 24 hours of related event ending, or within
26 weeks after being erected and/or displayed, whichever period is
shorter
Illumination Prohibited
Maximum Sign Area 4 square feet
Maximum Height Not to exceed the height of the pole to which it is attached. Must
have 8 feet clearance under banner.
Placement On-Site Off-Site City Right-of-Way
Allowed Prohibited Allowed (see MMC
16.30.020(E)(5))
Maximum Number
Permitted
One (1) per pole
Installation Attached to utility poles
Sign Type Freestanding Signs
Examples include
monument and pylon
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Allowed1 Allowed
Category Temporary Prohibited
Permanent Allowed
Time Limit Must be removed within 30 days after abandonment
Illumination Permitted (see MMC 16.30.020(E)(4))
Maximum Sign Area 24 square feet per sign
Maximum Height 4 feet
Placement On-Site Off-Site City Right-of-Way
Allowed Prohibited Prohibited
31
AGENDA ITEM 6.1
Maximum Number
Permitted
One (1) per each public street frontage the building and/or principal
use is adjacent to but not to exceed two (2)
Installation Permanent foundation
Sign Type Wall Signs
Examples include a
sign painted directly to
a wall, attached to, or
erected against a wall
of a building or
structure with the
exposed face of the
sign parallel to the
plane of such wall
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Prohibited Allowed
Category Temporary Allowed
Permanent Allowed
Time Limit Temporary Must be removed within 24
hours or the next business day,
whichever time is longer, after
the completion of the project,
close of property sale, or
conclusion of the event
Permanent Must be removed within 30 days
after abandonment
Illumination Permitted (see MMC 16.30.020(E(4))
Maximum Sign Area 24 square feet per sign
Maximum Height Not to exceed the height of the building
Placement On-Site Off-Site City Right-of-Way
Allowed Prohibited Prohibited
Maximum Number
Permitted
One (1) per each public street frontage the building and/or principal
use is adjacent to but not to exceed two (2)
Installation Mounted directly to building
Sign Type Awning Sign
Examples include a
sign either attached to,
affixed to, or painted
on an awning,
marquee, or canopy
Principle Use of
Property or Property
Residential Nonresidential
Prohibited Allowed
32
AGENDA ITEM 6.1
Adjacent to City Right-
of -Way
Category Temporary Prohibited
Permanent Allowed
Time Limitation Must be removed within 30 days of abandonment
Illumination Permitted (see MMC 16.30.020(E)(4))
Maximum Sign Area 24 square feet
Maximum Height Not to exceed the height of the building
Placement On-Site Off-Site City Right-of-Way
Allowed Not applicable Not applicable
Maximum Number
Permitted
One (1) per awning
Installation Directly onto awning attached to a building
Sign Type Window Sign
Examples include a
painted, etched, or
vinyl sign placed
directly onto a window
Principle Use of
Property or Property
Adjacent to City Right-
of -Way
Residential Nonresidential
Prohibited Allowed
Category Temporary Allowed
Permanent Allowed
Time Limit Temporary Must be removed within 24
hours of related event ending, or
within 26 weeks after being
erected and/or displayed,
whichever period is shorter
Permanent Must be removed within 30 days
of abandonment
Illumination Prohibited
Maximum Sign Area No more than 40 percent of the transparent surface area of the
window
Maximum Height Limited to height of window
Placement On-Site Off-Site City Right-of-Way
Allowed Not applicable Not applicable
Maximum Number
Permitted
Temporary Permanent
One (1) sign that does not cover
more than 40 percent of the
transparent surface of the
window(s)
In Lieu of a mounted or
freestanidng sign, one (1)
permanent sign provided it does
not cover more than 40 percent
of the transparent surface of the
window(s)
Installation Directly onto window glass
33
AGENDA ITEM 6.1
Notes:
1 Permanent free standing signs are allowed for residential uses provided they meet the
location identity standards in MMC 16.30.030
G. Municipal signs.
1. The requirements for permits for permanent signs set forth in subsection (CE)(32) of
this section shall apply to municipal signs, excluding traffic control signs.
2. Nothing else in this section shall restrict the erecting or posting of signs by the city, or
its authorized representatives, for the safety, convenience or information of its
citizens.
H. Nonconforming signs.
1. All permanent signs that do not conform to the specific standards of this Code that
were erected in conformance with a valid permit or were erected in conformance with
then applicable ordinances and regulations shall be considered legally nonconforming
signs.
2. Nonconforming rights are not granted to temporary signs or signs that were in
violation of previous versions of the Medina sign code.
3. Legally nonconforming signs may continue unless:
a. The sign is abandoned; or
b. The sign is changed as to the location, shape, or dimensions; or
c. The user fails to keep the sign in good repair consistent with the maintenance
requirements imposed by this section. In such cases, the sign as changed or repaired
must comply with all applicable provisions of this section.
*** *** *** ***
Chapter 16.34 – Accessory Uses
*** *** *** ***
16.34.020. Accessory dwelling units.
This section establishes the development criteria that apply to accessory dwelling units.
A. Accessory dwelling units meeting the requirements of this section are excluded from
density and minimum lot area requirements.
B. Accessory dwelling units shall be fully contained within and attached to a single-family
dwelling, or must be located within a detached accessory building containing another
permitted accessory use.
C. Accessory dwelling units are prohibited as the only use in a detached accessory
building.
D. Only one accessory dwelling unit may be permitted on a lot per each single-family
dwelling located on the same lot.
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AGENDA ITEM 6.1
E. Development standards.
1. The accessory dwelling unit shall comply with the development standards of the
zoning where the accessory dwelling unit is located;
2. The accessory dwelling unit shall contain no more than the lesser of 1,000 square
feet of gross floor area, or 40 percent of the total square footage of the gross floor
area of the single-family dwelling and accessory dwelling unit combined;
3. All of the structures on the property shall have the appearance of a single-family
dwelling and any other permitted accessory structures;
4. The entry door to the accessory dwelling unit shall be screened from the street by
portions of the structure or by dense evergreen vegetation;
5. There shall be no sign or other indication of the accessory dwelling unit's existence
other than an address sign and a separate mail box;
6. The exterior finish of the accessory dwelling unit shall be identical to the residence or
accessory structure in which it is contained; and
7. A certification by City of Bellevue utilities is required indicating that water supply and
sanitary sewage are available to adequately serve the accessory dwelling unit.
F. There shall be one off-street parking space provided for the accessory dwelling unit,
which shall be in addition to any off-street spaces required for the principal single-
family dwelling.
G. Garage space may be converted into an accessory dwelling unit only if the number of
covered spaces eliminated by the conversion is replaced by the same number of
covered spaces elsewhere on the property.
H. An accessory dwelling unit must contain:
1. Bathroom facilities that include a toilet, sink and a shower or bathtub; and
2. Kitchen or food storage and preparation facilities and a sink.
I. A property owner seeking to establish a legal accessory dwelling unit shall apply to
register the dwelling unit with the city pursuant to MMC 16.70.070. The application
shall include an agreement by the property owner to maintain the accessory dwelling
unit in compliance with the standards set forth in this section.
J. After the accessory dwelling unit is approved, a registration form signed by the record
holders of the property shall be recorded with the King County auditor's office. Said
registration form shall contain:
1. The street address and legal description of the property; and
2. The requirement for maintaining the accessory dwelling unit in compliance with the
requirements of this section.
K. The registration of the accessory dwelling unit may be canceled pursuant to MMC
16.70.070 by the property owner by recording a certificate of cancellation in a form
satisfactory to the city with the King County department of records and elections. The
city may record a notice of cancellation upon failure to comply with the standards set
forth in this section.
*** *** *** ***
35
AGENDA ITEM 6.1
16.34.040. Accessory recreational facilities.
*** *** *** ***
C. Development standards.
1. Major recreational facilities shall comply with the development requirements of the
zone in which the recreational facility is located, except as provided in subsection
(C)(3) of this section.
2. Swimming pools, spas and hot tubs shall have the setback measured from the
property line to the outside edge of the structural rim of the vessel (see Figure
16.34.040(C)(2)).
3. Major recreational facilities may protrude into setback areas provided:
a. At least a 15-foot setback is maintained from each rear and front property line;
and
b. At least a ten10-foot setback is maintained from each side property line.
4. The height of a swimming pool, hot tub or spa is measured from the lowest point of
original grade or finished grade, whichever grade is lower, underneath the perimeter
of the facility to the highest point of the structural rim of the vessel. (See Figure
16.34.040(C)(4).)
*** *** *** ***
Chapter 16.70 – Administrative Approvals
*** *** *** ***
16.70.030 Construction code of conduct.
A. Applicant. Any owner may submit an application for a construction code of conduct.
B. Procedures.
1. Construction code of conducts are processed as a Type 1 decision pursuant to the
review procedures set forth in Chapter 16.80 MMC; and
2. Before the city issues permits authorizing grading, demolition or construction activity,
the property owners, designated agent, and contractor shall sign the construction
code of conduct.
C. Applicability. This section applies to where a construction code of conduct is required
pursuant to MMC 16.75.010.
D. Limitations. The construction code of conduct is a construction mitigation plan prepared by
the city that establishes prescriptive measures for reducing construction impacts on
neighboring properties and streets. Compliance with the measures set forth in a
construction code of conduct are binding on the signatories required in subsection (B)(2) of
this section.
E. Criteria for approval. The evaluation criteria set forth in MMC 16.75.040 as they currently
exist or are hereafter amended constitute the criteria for approving a construction code of
conduct.
36
AGENDA ITEM 6.1
F. Conditions of approval. The decision authority may attach to a code of conduct on a case-
by-case basis such reasonable mitigation measures as necessary to protect the public
health, general welfare and safety from the negative impacts of construction activity.
16.70.0430. Substantial development permit exemption.
A. Applicant. Any owner may submit a request for a written exemption from the requirement
for a substantial development permit.
B. Procedures. An exemption from a substantial development permit is processed as a Type
1 decision pursuant to the review procedures set forth in Chapter 16.80 MMC.
C. Applicability. This section shall apply to activities defined as development pursuant to RCW
90.58.030(3)(a), and located within the shoreline jurisdiction as defined by the Shoreline
Management Act, and implements the provisions set forth in WAC 173-27-040 as they
currently exist or are hereafter amended.
D. Limitations.
1. Exemptions are to be construed narrowly and only development that meets the
precise terms of one or more of the listed exemptions may be granted an exemption;
and
2. If any part of a proposed development is not eligible for one of the listed exemptions,
then an exemption shall not be granted.
E. Criteria for approval.
1. The development for which the exemption is sought must meet one or more of the
conditions set forth in WAC 173-27-040(2); and
2. The development must comply with and be consistent with the Medina shoreline
master program (Chapters 16.60 through 16.67 MMC), Chapter 173-27 WAC
(Shoreline Management Permit and Enforcement Procedures), and Chapter 90.58
RCW (Shoreline Management Act).
F. Conditions of approval. The decision authority may attach conditions as necessary to
prevent undesirable effects on the shoreline area and carry out the spirit and purpose of
the regulations set forth in the Medina shoreline master program and the Shoreline
Management Act.
16.70.0540. Administrative tree activity permit.
A. Applicant. Any owner may submit an application for an administrative tree activity permit.
B. Procedures. Administrative tree activity permits are processed as a Type 1 decision
pursuant to the review procedures set forth in Chapter 16.80 MMC.
C. Applicability. This section applies to the activities associated with removing and planting
trees set forth in MMC 16.52.160(B).
D. Criteria for approval. The decision authority may approve an administrative tree activity
permit only if the requirements set forth in Chapter 16.52 MMC are satisfied.
E. Conditions of approval. The decision authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
F. Lapse of approval.
37
AGENDA ITEM 6.1
1. An administrative tree activity permit shall expire after 18 months from the later date of
the decision being issued or an appeal becoming final;
2. Expiration of the administrative tree activity permit is automatic and notice is not
required; and
3. No extension of the time period for the permit is allowed.
16.70.0650. Temporary use permit.
A. Applicant. Any owner may submit an application for a temporary use permit.
B. Procedures. Temporary use permits are processed as a Type 1 decision pursuant to the
review procedures set forth in Chapter 16.80 MMC.
C. Applicability. This section shall apply to those uses authorized as temporary uses pursuant
to Chapter 16.35 MMC.
D. Limitations. Only one temporary use permit may be granted within a five-year time period
from the date the original temporary use permit is issued, except a second temporary use
permit may be granted if:
1. For temporary public facilities:
a. In the opinion of the director, a significantly different public facility will occupy the use
of the property;
b. The second temporary use permit is consistent with the requirements set forth in this
chapter; and
c. No additional temporary use permit is approved for at least five years following
approval of the second temporary use permit.
2. For temporary wireless communication facilities:
a. A complete nonadministrative special use permit application has been submitted to
the city;
b. The extension of time, at the discretion of the director, is necessary to allow for the
processing of permits and construction of facilities; and
c. No additional temporary use permit is approved for at least five years following
approval of the second temporary use permit.
E. Criteria for approval. The decision authority may approve a temporary use permit only
when the following criteria are satisfied:
1. The temporary use will not materially be detrimental to the public health, safety, or
welfare, or injurious to property or improvements in the immediate vicinity;
2. For a temporary public facility, there is adequate parking within a sufficient proximity to
the site for employees, city vehicles and customers;
3. Except in the case of emergencies, the temporary use will not cause noise, light or
glare which adversely impacts surrounding uses; and
4. The temporary use shall comply with all codes applicable to development, such as
zoning and building codes, except as otherwise provided for in MMC 16.35.040 and
16.35.050.
38
AGENDA ITEM 6.1
F. Conditions of approval. The decision authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
16.70.0760. Accessory dwelling unit registration.
A. Applicability. Any owner installing an accessory dwelling unit (ADU) pursuant to MMC
16.34.020 shall apply for an accessory dwelling unit registration.
B. Review procedures. Approval of an accessory dwelling unit is processed as a Type 1
decision pursuant to the requirements set forth in Chapter 16.80 MMC.
C. Approval criteria. The decision authority may approve an ADU only when the following
criteria are met:
1. The ADU meets the requirements set forth in MMC 2016.34.020; and
2. The property owner agrees to maintain the ADU in compliance with the requirements
in MMC 2016.34.020.
D. Written agreement.
1. Before a certificate of occupancy is issued for the ADU, the property owner shall
complete, sign, have notarized, and record an ADU registration form.
2. The contents of the ADU registration form shall include the following:
a. The street address and legal description of the property where the accessory
dwelling unit is located;
b. The written agreement to maintain the ADU as prescribed in subsection (C)(2) of
this section; and
c. Any other relevant information determined necessary by the decision authority.
3. The property owner shall record the ADU registration with King County recorder's
office. A copy of the recorded document and recording number shall be provided to
the city.
4. The ADU registration may be cancelled under the following conditions:
a. The property owner may cancel the ADU registration if:
i. The ADU is permanently removed from the property; or
ii. The property owner provides to the city evidence that the use has been removed
and obtains approval from the city to cancel the ADU registration; and
iii. The property owner records a certificate of cancellation with King County
recorder's office and provides a copy of the recorded certificate of cancellation to
the city.
b. The city may cancel the ADU registration if the property owner fails to comply with
the general requirements in MMC 16.34.020. Cancellation of the ADU registration
shall be in accordance with the following procedures:
i. The city provides a notice of cancellation to the property owner who shall have a
right to appeal the decision to cancel pursuant to MMC 16.80.220 for a Type 1
decision;
39
AGENDA ITEM 6.1
ii. Once a decision to cancel becomes final, the city shall record a certificate of
cancellation with King County recorder's office;
iii. A copy of the recorded certificate of cancellation shall be provided to the property
owner after which the use as an accessory dwelling unit shall cease.
E. Lapse of approval. Approval of an accessory dwelling unit shall expire if the building permit
for the accessory dwelling unit expires and substantial construction of the accessory
dwelling unit has not started. Approval of an accessory dwelling unit shall also expire if the
use is abandoned during its existence, or if a certificate of cancellation is recorded.
16.70.0870. Grading and drainage permit.
A. Applicant. Any owner may submit an application for a grading and drainage permit.
B. Procedures. Grading and drainage permits are processed as a Type 1 decision, unless a
SEPA threshold determination is required in which case the application is processed as a
Type 2 decision pursuant to the review procedures set forth in Chapter 16.80 MMC.
C. Applicability. This section applies to all permits required under Chapter 16.43 MMC.
D. Criteria for approval. The codes and standards referenced in Chapter 16.43 MMC and
other applicable ordinances and regulations, as they currently exist or are hereafter
amended, set forth the criteria for approving grading and drainage permits.
E. Conditions of approval. The decision authority may attach such conditions as reasonably
necessary to safeguard the public health, general welfare, and safety.
F. Lapse of approval. Grading and drainage permits shall expire as prescribed for building
permits in Chapter 16.40 MMC.
*** *** *** ***
Chapter 16.71 – Administrative Discretionary Approvals
16.71.010. Minor deviation.
A. Purpose. The purpose of a minor deviation is:
1. To allow for minor departures from numeric development standards for remodeling
projects; and
2. To allow flexibility in design while preserving nonconforming conditions with respect to
setback requirements and maximum building heights.
B. Applicant. Any owner may submit an application for a minor deviation.
C. Procedures. Minor deviations are processed as a Type 2 decision pursuant to the review
procedures set forth in Chapter 16.80 MMC.
D. Applicability. A minor deviation may be approved for the following:
1. Departures by five percent or less from any numeric development standard provided:
a. If the numeric development standard is expressed as a percentage, the five percent
is calculated as the numeric percentage multiplied by 1.05; and
40
AGENDA ITEM 6.1
b. Requests for departures may include qualifying conditions such as structural
coverage bonuses and height bonuses. ; and
c. The structure does not experience substantial destruction as defined in MMC
16.12.200.
2. Departures from building height and zoning setback standards to allow a building
addition to match an existing nonconforming building height or setback that was
legally established provided:
a. Matching a nonconforming building height means a building addition extending
above the maximum zoning height applicable to the building, but the highest point of
the addition does not exceed the highest point of the roof of the existing building; or
b. Matching a nonconforming zoning setback means a building addition extending into
the setback area, but the addition does not extend closer to the property line than the
closest point of the existing building, excluding gutters; and
c. The total above-ground bulk of the building located within the nonconforming height
or setback envelope does not occupy more than 60 percent of the maximum possible
above-ground bulk that could otherwise be built within the nonconforming building
height or setback envelope with approval of a minor deviation. ; and
d. The structure does not experience substantial destruction as defined in MMC
16.12.200.
E. Limitations. A minor deviation shall not be approved for the following:
1. Where the request is to obtain final approval of a structure that compliance with the
numeric development standard was represented in the building permit application, but
subsequent construction is noncompliant; or
2. Where the project consists of a building alteration or improvement that was completed
at any time within the previous five years.
F. Criteria for approval. The decision authority may approve a minor deviation only if the
following criteria are satisfied:
1. The minor deviation does not constitute a granting of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and zone in which the
subject property is located; and
2. The granting of such minor deviation will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in which
the subject property is situated; and
3. The proposed development will not substantially reduce the amount of privacy
enjoyed by adjoining property owners than if the development was built as specified
by the zoning code; and
4. For departures set forth in subsection (D)(1) of this section, the minor deviation is
necessary, because of special circumstances relating to the size, shape, topography,
location or surroundings of the subject property, to provide it with use rights and
privileges permitted to other properties in the vicinity and in the zone in which the
subject property is located.
G. Conditions of approval. The decision authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
41
AGENDA ITEM 6.1
H. Lapse of approval.
1. An approved minor deviation shall expire after one year from the later date of the
decision being issued or an appeal becoming final unless a complete building permit
application is submitted; and
2. Expiration of the minor deviation is automatic and notice is not required; and
3. The director may grant a single six-month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension
*** *** *** ***
16.71.040. Level 1 tailored construction mitigation plan.
A. Purpose. The purpose of a Level 1 tailored construction mitigation plan is to mitigate the
adverse effects on adjacent properties and public streets caused by major construction
projects.
B. Applicant. Any owner may submit an application for a Level 1 tailored construction
mitigation plan.
C. Procedures.
1. Level 1 tailored construction mitigation plans are processed as a Type 2 decision
pursuant to the review procedures set forth in Chapter 16.80 MMC; and
2. Before the city issues permits authorizing grading, demolition or construction activity,
the property owners, designated agent, and contractor shall sign the Level 1 tailored
construction mitigation plan.
D. Applicability. This section applies to where a Level 1 tailored construction mitigation plan is
required pursuant to the criteria in Chapter 16.75 MMC.
E. Limitations. The tailored construction mitigation plan is a construction mitigation plan
consisting of both city-developed and applicant-proposed measures for reducing
construction impacts on neighboring properties and streets. The measures set forth in a
Level 1 tailored construction mitigation plan are binding on all of the signatories required in
subsection (C)(2) of this section.
F. Criteria for approval. The criteria for approval of a Level 1 tailored construction mitigation
plan are those set forth in MMC 16.75.040, as it currently exists or is hereafter amended.
G. Conditions of approval. The decision authority may attach reasonable mitigation measures
as necessary to protect the public health, safety and general welfare from the impacts of
construction activity.
H. Lapse of approval. A Level 1 tailored construction mitigation plan shall remain in effect until
such time all construction permits associated with the Level 1 tailored construction
mitigation plan expires.
16.71.0540. Administrative right-of-way tree activity permit.
A. Purpose. The purpose of an administrative right-of-way tree activity permit is to authorize
removal or pruning of city trees and vegetative cover consistent with the Medina tree code.
42
AGENDA ITEM 6.1
B. Applicant. Only owners enumerated in MMC 16.52.160(C) may submit an application for an
administrative right-of-way tree activity permit.
C. Procedures. Administrative right-of-way tree activity permits are processed as a Type 2
decision pursuant to the review procedures set forth in Chapter 16.80 MMC.
D. Applicability. This section shall apply to the pruning and removal of trees as set forth in
MMC 16.52.160(C).
E. Criteria for approval. The decision authority may approve an administrative right-of-way
tree activity permit only if the following criteria are satisfied:
1. The proposal is compatible with Chapter 3, Community Design Element, of the
comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. The tree trimming, pruning or removal will have no materially detrimental effects on
nearby properties;
4. Removal of the city tree is permitted pursuant to MMC 16.52.190(D);
5. Tree mitigation is provided in accordance with MMC 16.52.190(E) for removed trees;
6. Tree trimming or pruning is done in accordance with the following:
a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the
area, unless supported by ANSI Standard A300;
b. The trimming or pruning does not adversely affect adjoining and nearby properties
regarding erosion control, noise control, shade, or other existing landscaping within
the unimproved areas of the right-of-way; and
c. The trimming or pruning complies with ANSI Standard A300 and does not cause
unnecessary mutilation or damage to the tree;
7. All other requirements set forth in MMC 16.52.190 are satisfied.
F. Reasonable conditions. The decision authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
G. Lapse of approval.
1. An administrative right-of-way tree activity permit shall expire after 18 months from the
later date of the decision being issued or an appeal becoming final;
2. Expiration of the administrative right-of-way tree activity permit is automatic and notice
is not required; and
3. No extension of the time period for the permit is allowed.
16.71.0650. Administrative substantial development permit.
A. Purpose. The purpose of an administrative substantial development permit is to regulate
developments and uses of water bodies and associated upland areas to protect human
health and the natural environment, but by the scope of the development warrant a less
cumbersome approval process.
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AGENDA ITEM 6.1
B. Applicant. Any owner may submit an application for an administrative substantial
development permit.
C. Procedures. Administrative substantial development permits are processed as a Type 2
decision pursuant to the review procedures set forth in Chapter 16.80 MMC.
D. Applicability. This section shall apply to activities within the meaning of the term
"development" as defined in RCW 90.58.030(3)(a), and located within the shoreline
jurisdiction as defined by the Shoreline Management Act, provided:
1. The development is not exempt from a substantial development permit pursuant to
WAC 173-27-040 as it currently exists or is hereafter amended; and
2. The development does not include any dredging waterward of the ordinary high water
mark; and
3. The development does not include grading activity involving more than 500 cubic
yards of material within the shoreline jurisdiction, excluding fill material used
specifically for fish and wildlife habitat restoration; and
4. The total cost or fair-market value of the entire proposed development does not
exceed $50,000.00 provided:
a. The calculation for total cost or fair-market value shall include all costs, excluding
permit fees and taxes, associated with development on the property during a period
beginning from the date an application for the administrative substantial development
permit is submitted and ending 18 months after the date all permits issued by the city
for the property are finalized; and
b. Development may not be divided into phases for the purpose of avoiding a higher
designation of decision type, except as provided in subsection (D)(4)(a) of this
section.
E. Additional submittal requirements. In addition to the requirements set forth in MMC
16.80.080, the applicant shall provide the following with an administrative substantial
development permit:
1. A site plan containing the following:
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
d. A general description of the vicinity of the proposed project, including identification of
adjacent uses, structures and improvements, intensity of development and physical
characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location; provided, that for any development where
a determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark, the mark shall be located precisely and
the biological and hydrological basis for the location as indicated on the plans
shall be included in the development plan;
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AGENDA ITEM 6.1
ii. Where the ordinary high water mark is neither adjacent to nor within the
boundary of the project, the site plan shall indicate the distance and direction to
the nearest ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source, and composition of all fill material that is placed on the site, whether
temporary or permanent;
5. Quantity, composition and destination of all excavated and/or dredged material; and
6. Additional submittal information set forth in the shoreline master program for the use.
F. Criteria for approval. The decision authority may approve an administrative substantial
development permit only if the following criteria are satisfied:
1. The proposed development is consistent with the policy and provisions of the State
Shoreline Management Act of 1971 (Chapter 90.58 RCW);
2. The proposed development is consistent with the State Shoreline Management Permit
and Enforcement Procedures (Chapter 173-27 WAC); and
3. The proposed development is consistent with the requirements of the Medina
shoreline master program.
G. Conditions of approval. The decision authority may attach reasonable conditions as
necessary to prevent undesirable effects of the proposed development and to assure
consistency of the development with the Shoreline Management Act and the Medina
shoreline master program.
H. Revisions to permit. Revisions to an administrative substantial development permit shall be
consistent with WAC 173-27-100 as it currently exists or is hereafter amended.
I. Lapse of approval. Administrative substantial development permit shall expire as set forth
in WAC 173-27-090 and amendments thereto.
*** *** *** ***
Chapter 16.72 – Quasi-Judicial Approvals
*** *** *** ***
16.72.080. Level 2 tailored construction mitigation plan.
A. Purpose. The purpose of a Level 2 tailored construction mitigation plan is to mitigate the
adverse effects on adjacent properties and public streets caused by major construction
projects.
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AGENDA ITEM 6.1
B. Applicant. Any owner may submit an application for a Level 2 tailored construction
mitigation plan.
C. Procedures.
1. Level 2 tailored construction mitigation plans are processed as a Type 3 decision
pursuant to the review procedures set forth in Chapter 16.80 MMC; and
2. Before the city issues permits authorizing grading, demolition or construction activity,
the property owners, designated agent, and contractor shall sign the Level 2 tailored
construction mitigation plan.
D. Applicability. This section applies to where a Level 2 tailored construction mitigation plan is
required pursuant to the criteria in Chapter 16.75 MMC.
E. Limitations. The Level 2 tailored construction mitigation plan is a construction mitigation
plan consisting of both city-developed and applicant-proposed measures for reducing
construction impacts on neighboring properties and streets. The measures set forth in a
Level 2 tailored construction mitigation plan are binding on all of the signatories required in
subsection (C)(2) of this section.
F. Criteria for approval. The evaluation criteria set forth in MMC 16.75.040 shall serve as the
criteria for approving a Level 2 tailored construction mitigation plan.
G. Conditions of approval. The decision authority may attach such mitigation measures as
necessary to protect the public health, safety and general welfare from the impacts of
construction activity.
H. Lapse of approval. A Level 2 tailored construction mitigation plan shall remain in effect until
such time all construction permits associated with the construction mitigation plan expire.
16.72.0980. Nonadministrative right-of-way tree activity permit.
A. Purpose. The purpose of a nonadministrative right-of-way tree activity permit is to authorize
removal or pruning of trees and vegetative cover in the city right-of-way consistent with the
Medina tree code.
B. Applicant. Any owner, or any public or private agencies with authority to operate within the
city right-of-way or their authorized agents who have written authorization to act on their
behalf, may submit an application for a nonadministrative right-of-way tree activity permit.
C. Procedures. Nonadministrative right-of-way tree activity permits are processed as a Type 3
decision pursuant to the review procedures set forth in Chapter 16.80 MMC.
D. Applicability. This section shall apply to the pruning and removal of city trees as set forth in
MMC 16.52.160(D).
E. Criteria for approval. The decision authority may approve a nonadministrative right-of-way
tree activity permit only if the following criteria are satisfied:
1. The proposal is compatible with Chapter 3, Community Design Element, of the
comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. The tree trimming, pruning or removal will have no materially detrimental effects on
nearby properties;
4. Removal of a city tree is permitted pursuant to MMC 16.52.190(D);
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AGENDA ITEM 6.1
5. Tree mitigation is provided in accordance with MMC 16.52.190(E) for removed trees;
6. Tree trimming or pruning is done in accordance with the following:
a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the
area, unless supported by ANSI Standard A300;
b. The trimming or pruning does not adversely affect adjoining and nearby properties
regarding erosion control, noise control, shade, or other existing landscaping within
the unimproved areas of the right-of-way; and
c. The trimming or pruning complies with ANSI Standard A300 and does not cause
unnecessary mutilation or damage to the tree.
7. All other requirements set forth in MMC 16.52.190 are satisfied.
F. Reasonable conditions. The decision authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
G. Lapse of approval.
1. A nonadministrative right-of-way tree activity permit shall expire within 18 months from
the later date of the decision being issued or an appeal becoming final;
2. Expiration of the nonadministrative right-of-way tree activity permit is automatic and
notice is not required; and
3. No extension of the time period for the permit is allowed.
16.72.10090. Nonadministrative tree activity permit.
A. Purpose. The purpose of a nonadministrative tree activity permit is to authorize removal of
large significant trees consistent with the Medina tree code.
B. Applicant. Any owner may submit an application for a nonadministrative tree removal
permit.
C. Procedures. Nonadministrative tree removal permits are processed as a Type 3 decision
pursuant to the review procedures set forth in Chapter 16.80 MMC.
D. Applicability. This section shall apply to removal of trees as set forth in MMC 16.52.160(D),
excluding trees rated as hazard pursuant to MMC 16.52.120.
E. Criteria for approval. The decision authority may approve a nonadministrative tree activity
permit only if the following criteria are satisfied:
1. The proposal is compatible with Chapter 3, Community Design Element, of the
comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. The tree removal will have no materially detrimental effects on nearby properties;
4. The tree has not been granted special protection pursuant to MMC 16.52.080;
5. All requirements set forth in Chapter 16.52 MMC are satisfied;
6. All other ordinances, regulations and policies applicable to tree removal are followed.
F. Reasonable conditions. The decision authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
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AGENDA ITEM 6.1
G. Lapse of approval.
1. A nonadministrative tree activity permit shall expire after 18 months from the later date
of the decision being issued or an appeal becoming final;
2. Expiration of the nonadministrative tree activity permit is automatic and notice is not
required; and
3. No extension of the time period for the permit is allowed.
16.72.1100. Substantial development permit.
A. Purpose. The purpose of a substantial development permit is to regulate development and
uses of water bodies and associated upland areas consistent with the Medina shoreline
master program.
B. Applicant. Any owner may submit an application for a substantial development permit.
C. Procedures. Substantial development permits are processed as a Type 3 decision
pursuant to the review procedures set forth in Chapter 16.80 MMC.
D. Applicability. This section shall apply to activities and uses defined as development
pursuant to RCW 90.58.030(3)(a) and located within the shoreline jurisdiction as defined by
the Shoreline Management Act, provided:
1. The development does not qualify for an exemption as set forth in MMC 16.70.040;
2. The development does not qualify for an administrative substantial development
permit as set forth in MMC 16.71.060.
E. Additional submittal requirements. In addition to the requirements set forth in MMC
16.80.070, an application for a substantial development permit shall include the following:
1. A site plan containing the following:
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
d. A general description of the vicinity of the proposed project, including identification of
adjacent uses, structures and improvements, intensity of development and physical
characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location; provided, that for any development where
a determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark, the mark shall be located precisely and
the biological and hydrological basis for the location as indicated on the plans
shall be included in the development plan;
ii. Where the ordinary high water mark is neither adjacent to nor within the
boundary of the project, the site plan shall indicate the distance and direction to
the nearest ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
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AGENDA ITEM 6.1
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source and composition of all fill material that is placed on the site whether
temporary or permanent;
5. Quantity, composition and destination of all excavated and/or dredged material; and
6. Additional submittal information set forth in the Medina shoreline master program for
the use.
F. Criteria for approval. The decision authority may approve a substantial development permit
only if the following criteria are satisfied:
1. The proposed development is consistent with the policy and provisions of the State
Shoreline Management Act of 1971 (Chapter 90.58 RCW);
2. The proposed development is consistent with the State Shoreline Management Permit
and Enforcement Procedures (Chapter 173-27 WAC); and
3. The proposed development is consistent with the provisions of the Medina shoreline
master program.
G. Conditions of approval. The decision authority may attach such conditions as to prevent
undesirable effects of the proposed development and to assure consistency of the
development with the Shoreline Management Act and the Medina shoreline master
program.
H. Revisions to permit. Revisions to a substantial development permit shall be consistent with
WAC 173-27-100.
I. Lapse of approval. Substantial development permit shall expire as set forth in WAC 173-
27-090 and amendments thereto.
16.72.1210. Shoreline conditional use permit.
A. Purpose. The purpose of a shoreline conditional use permit is to provide a system within
the Medina shoreline master program which allows flexibility in the application of use
regulations in a manner consistent with the policies of RCW 90.58.020.
B. Applicant. Any owner may submit an application for a shoreline conditional use permit.
C. Procedures.
1. Shoreline conditional use permits are processed as a Type 3 decision pursuant to the
review procedures set forth in Chapter 16.80 MMC; and
2. Shoreline conditional use permits approved by the city are transmitted to the
Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology's
approval, approval with conditions, or denial.
D. Applicability. The following may be permitted if a shoreline conditional use permit is
approved:
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AGENDA ITEM 6.1
1. Uses listed as a conditional use in the Medina shoreline master program; or
2. Uses which are not classified or specifically prohibited in the Medina shoreline master
program provided the applicant can demonstrate consistency with the requirements of
this section and the requirements for conditional uses contained in the Medina
shoreline master program.
E. Additional submittal requirements. In addition to the requirements set forth in MMC
16.80.070, an application for a shoreline conditional use permit shall include the following:
1. The site plan shall include:
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
d. A general description of the vicinity of the proposed project, including identification of
the adjacent uses, structures and improvements, intensity of development and
physical characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location; provided, that for any development where
a determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark, the mark shall be located precisely and
the biological and hydrological basis for the mark's location as indicated on the
plans shall be included in the development plan;
ii. Where the ordinary high water mark is neither adjacent to or within the boundary
of the project, the plan shall indicate the distance and direction to the nearest
ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source and composition of all fill material that is placed on the site, whether
temporary or permanent;
5. Quantity, composition and destination of all excavated and/or dredged material; and
6. Additional submittal information set forth in the Medina shoreline master program for
the use.
F. Criteria for approval. The decision authority may approve a shoreline conditional use permit
only if the following criteria are satisfied:
1. That the proposed use is consistent with the policies set forth in RCW 90.58.020 and
the Medina shoreline master program;
2. That the proposed use will not interfere with the normal public use of public
shorelines;
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AGENDA ITEM 6.1
3. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and Medina shoreline master program;
4. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
5. That the public interest suffers no substantial detrimental effect.
In the granting of a shoreline conditional use permit, consideration shall be given to the
cumulative impact of additional requests for like actions in the area.
G. Conditions of approval. The decision authority and the Washington State Department of
Ecology may attach reasonable conditions as necessary to prevent undesirable effects of
the proposed development and to assure consistency of the development with the
Shoreline Management Act and the Medina shoreline master program.
H. Revisions to permit. Revisions to a shoreline conditional use permit shall be consistent with
WAC 173-27-100 and amendments thereto.
I. Lapse of approval. A shoreline conditional use permit shall expire as set forth in WAC 173-
27-090.
16.72.1320. Shoreline variance.
A. Purpose. The purpose for a shoreline variance is to provide a mechanism strictly limited to
granting relief where there are extraordinary circumstances relating to the physical
character or configuration of property.
B. Applicant. Any owner may submit an application for a shoreline variance.
C. Procedures.
1. Shoreline variances are processed as a Type 3 decision pursuant to the review
procedures set forth in Chapter 16.80 MMC; and
2. Shoreline variances approved by the city are transmitted to the Washington State
Department of Ecology pursuant to WAC 173-27-200 for Ecology's approval, approval
with conditions, or denial.
D. Applicability. Shoreline variances may be granted for relief from specific bulk dimensional
or performance standards set forth in the Medina shoreline master program where the
requirement of such will impose unnecessary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020 and the Medina shoreline master program.
E. Additional submittal requirements. In addition to the requirements set forth in MMC
16.80.070, an application for a shoreline variance shall include the following:
1. The site plan shall include:
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
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AGENDA ITEM 6.1
d. A general description of the vicinity of the proposed project, including identification of
the adjacent uses, structures and improvements, intensity of development and
physical characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location provided that for any development where a
determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark, the mark shall be located precisely and
the biological and hydrological basis for the mark's location as indicated on the
plans shall be included in the development plan;
ii. Where the ordinary high water mark is neither adjacent to nor within the
boundary of the project, the site plan shall indicate the distance and direction to
the nearest ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source and composition of all fill material that is placed on the site, whether
temporary or permanent;
5. Quantity, composition and destination of all excavated or dredged material; and
6. A site plan that clearly indicates where development may occur without approval of a
variance, the physical features and circumstances on the property that provide a basis
for the request, and the location of adjacent structures and uses.
F. Criteria for approval. The decision authority may approve a shoreline variance only if the
following criteria are satisfied:
1. Where the variance is for development landward of the ordinary high water mark the
following approval criteria shall apply:
a. That the strict application of the bulk, dimensional or performance standards set forth
in the Medina shoreline master program precludes, or significantly interferes with,
reasonable use of the property;
b. That the hardship described in subsection (F)(1)(a) of this section is specifically
related to the property, and is the result of unique conditions such as irregular lot
shape, size, or natural features and the application of the master program, and not,
for example, from deed restrictions or the applicant's own actions;
c. That the design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and Medina
shoreline master program and will not cause adverse impacts to the shoreline
environment;
d. That the variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
e. That the variance requested is the minimum necessary to afford relief; and
f. That the public interest will suffer no substantial detrimental effect.
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AGENDA ITEM 6.1
2. Where the variance is for development waterward of the ordinary high water mark the
following approval criteria shall apply:
a. That the strict application of the bulk, dimensional or performance standards set forth
in the Medina shoreline master program precludes all reasonable use of the
property;
b. That the hardship described in subsection (F)(2)(a) of this section is specifically
related to the property, and is the result of unique conditions such as irregular lot
shape, size, or natural features and the application of the master program, and not,
for example, from deed restrictions or the applicant's own actions;
c. That the design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and Medina
shoreline master program and will not cause adverse impacts to the shoreline
environment;
d. That the variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
e. That the variance requested is the minimum necessary to afford relief;
f. That the public interest will suffer no substantial detrimental effect; and
g. That the public rights of navigation and use of the shorelines will not be adversely
affected.
3. In the granting of all variance permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area.
G. Conditions of approval. The decision authority may attach reasonable conditions as
necessary to prevent undesirable effects of the proposed development and to assure
consistency of the development with the Shoreline Management Act and the Medina
shoreline master program.
H. Revisions to permit. Revisions to a shoreline conditional use permit shall be consistent with
WAC 173-27-100.
I. Lapse of approval. A shoreline variance shall expire as set forth in WAC 173-27-090.
*** *** *** ***
Chapter 16.80 – Project Permit Review Procedures
*** *** *** ***
C. Table 16.80.050(C) sets forth project permits that are categorized as Type 3 decisions
with the applicable corresponding review procedures.
Table 16.80.050(C)—Type 3 Decisions
Project Permit Decision
Authority
Procedure Requirements
DOC NOA NOH NOD
Nonadministrative
special use permit
HE Yes Yes Yes Yes
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AGENDA ITEM 6.1
Conditional use permit HE Yes Yes Yes Yes
Historical use permit HE Yes Yes Yes Yes
Nonadministrative
variance
HE Yes Yes Yes Yes
Site-specific rezone PC/CC1 Yes Yes Yes Yes
Reasonable use
exception
HE Yes Yes Yes Yes
Nonadministrative right-
of -way tree activity
permit
HE Yes Yes Yes Yes
Nonadministrative tree
activity permit
HE Yes Yes Yes Yes
Site plan review PC HE Yes Yes Yes Yes
Preliminary subdivision HE/CC2 Yes Yes Yes Yes
Shoreline substantial
development permit
HE Yes Yes Yes Yes
Shoreline variance HE3 Yes Yes Yes Yes
Shoreline conditional
use permit
HE3 Yes Yes Yes Yes
Notes:
"DOC"—determination of completeness required pursuant to MMC 16.80.100
"NOA"—notice of application required pursuant to MMC 16.80.110
"NOH"—notice of hearing required pursuant to MMC 16.80.120
"NOD"—notice of decision required pursuant to MMC 16.80.200
"HE" means the hearing examiner has authority to make the decision
"PC" means the Medina planning commission has authority to make the decision
"CC" means the city council makes the decision
1 The planning commission holds the open-record hearing and makes a recommendation to
the city council. The city council decides the rezone at a closed-record meeting.
2 Hearing examiner holds the open-record hearing and makes a recommendation to the city
council. The city council decides the preliminary subdivision at a closed-record meeting.
3 If the hearing examiner's action on shoreline variances and shoreline conditional use permits
is to approve the application, the approval shall be submitted to the Washington State
Department of Ecology for approval, approval with conditions, or denial pursuant to WAC
173-27-200.
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AGENDA ITEM 6.1