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Home My WebLink AboutOrdinance No. 0900 (2) Ordinance No. 900 CITY OF MEDINA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON REPEALING CERTAIN CHAPTERS OF TITLE 17 (ZONING) OF THE MEDINA MUNCIPAL CODE (MMC); REPEALING CHAPTERS 14.08 (ADMINISTRATIVE REVIEW OF APPLICATIONS) AND 14.12 MMC (SITE PLAN REVIEW); AMENDING THE UNIFIED DEVELOPENT CODE IN TITLE 20 OF THE MMC BY ADOPTING NEW CHAPTERS 20.10 – 20.37, 20.70-.72, AND 20.90-.91; AMENDING OTHER SECTIONS OF THE MEDINA MUNICIPAL CODE FOR CONSISTENCY WITH THE UNIFIED DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the City of Medina is classified as a non-charter code City under title 35A RCW; and WHEREAS, the city council adopted zoning regulations by Ordinance No. 16, on December 5, 1955, and last amended by Ordinance No. 873 adopted on June 13, 2011; and WHEREAS, the city performed a comprehensive review of its zoning and permitting regulations that was summarized in a Permitting and Zoning Study; and WHEREAS, the Permitting and Zoning Study was presented to the city council at a meeting on June 29, 2009, with the following goals stated in the study: 1. Create a user-friendly code that is more easily understood by people who are not land use professionals; 2. Maintain consistency with state and federal law, including consistency with Medina’s comprehensive plan; 3. Clarify confusing and ambiguous language, and correct conflicting regulations; 4. Eliminate redundancy whenever possible; 5. Maintain flexibility to address individual circumstances by better defined discretionary decision-making authority; 6. Include clear intent language and performance standards; 7. Ensure permitting processes include meaningful opportunities for public input as appropriate; and 8. Look for opportunities to streamline permit processes to achieve better efficiencies by reducing time, cost and effort while protecting neighboring property owners and the preservation of community character. WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW, the City Council has adopted the City of Medina Comprehensive Plan, as amended by Ordinance 783, passed March 14, 2005; and WHEREAS, the City is a developed community that consists almost exclusively of detached single-family homes on individual lots, and Goal LU-G1 of the Medina Comprehensive Plan provides that the City’s first land use planning goal is: “To maintain Medina’s high-quality residential setting and character; and WHEREAS, Land Use Policy LU-P1 provides that the city shall minimize changes to existing zoning and land use patterns except as necessary to meet land use goals, such as maintaining Medina’s high-quality residential setting and character, when deemed necessary by its citizens; and WHEREAS, the city council desires to update the city’s development regulations consistent with the 2009 Permitting and Zoning Study and the comprehensive plan; and WHEREAS, the “Unified Development Code” format creates a more user-friendly development regulations consistent with the goals of the 2009 Permitting and Zoning study; and WHEREAS, the city desires to restructure the city’s development regulations into a “Unified Development Code” to focus on creating a more logical and streamlined grouping of like provisions and remove duplicative, conflicting or ambiguous regulations; and WHEREAS, the city council has adopted Ordinances Nos 852, 854, and 855 consistent with a “Unified Development Code” grouping like provisions for project-permit review procedures, legislative review procedures, building codes, and subdivisions; and WHEREAS, the substantive changes to the zoning code contained within this ordinance focus on clarifying and simplifying regulations consistent with the goals set forth in the 2009 permitting and zoning study; and WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to the Washington State Department of Commerce on March 27, 2013; and WHEREAS, after providing notice, the Planning Commission held a public hearing on April 23, 2013, to receive public testimony concerning the proposed code amendment and voted to forward a recommendation to the City Council; and WHEREAS, the City Council held a public hearing on June 10, 2013, to receive public testimony concerning the proposed code amendment; and WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Non-significance (DNS) for the proposed code amendment was issued on April 4, 2013, pursuant to WAC 197-11-340(2); WHEREAS, the City Council makes the following findings of fact in support of its decision: A. A SEPA threshold Determination of Nonsignificance was issued April 4, 2013. B. The City provided appropriate opportunity for the public to participate in the planning process. The Planning Commission held 10 public meeting and a public hearing in developing their recommended amendments to the zoning regulations. The City Council, after receiving the Planning Commission’s recommendation, held a public hearing to receive public comments on the proposal. Public noticing was made to notify and solicit input from the public including posted notices on the City’s notice boards, sending electronic notices to interested parties, creating a website exclusive to the zoning code update and posting documents thereto, and mailing postcard notices to the entire community notifying them of the Planning Commission’s public hearing and the City’s website containing the proposal. C. The City reviewed the proposed amendments for consistency with the Medina Comprehensive Plan. The goals and policies set forth in the comprehensive plan reflect a community that is built-out with very limited opportunities for growth and a character that is predominately low-density single-family residential development. The amendments to the zoning regulations are consistent with the goals and policies of the Medina Comprehensive Plan in that it preserves this character. D. The proposed amendments bear a substantial relation to the public health, safety and welfare. The amendments further clarify existing regulations, which are based on the goals and policies of the comprehensive plan and Medina’s existing zoning regulations. E. The proposed amendment advances the public interest of the community by making the regulations more complete and easier to follow with minimal changes to the substantive elements of the existing zoning regulations. A zoning and permitting study was prepared prior to development of amendments that was accepted by the City Council to serve as a guide in updating the zoning regulations. and; WHEREAS, given the findings of fact set forth immediately above, the criteria for amendment of the text of the City’s development regulations set forth in MMC Section 20.81.080 are met; and WHEREAS, the Medina City Council desires to adopt the following amendments to the City’s development regulations: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repeal of Current Zoning Code. Chapters 17.04, 17.08, 17.12, 17.16, 17.20, 17.21, 17.24, 17.28, 17.32, 17.36, 17.40, 17.44, 17.48, 17.49, 17.50, 17.52, 17.56, 17.56A, 17.56B, 17.60, 17.64, 17.68, 17.72, 17.76, 17.80, 17.84, 17.90 and 17.94 of the Medina Municipal Code are hereby repealed in their entirety. Section 2. Repeal of Administrative Review of Applications. Chapter 14.08 of the Medina Municipal Code is hereby repealed in its entirety. Section 3. Repeal of Site Plan Review. Chapter 14.12 of the Medina Municipal Code is hereby repealed in its entirety. Section 4. Adoption of New Zoning Code. A new Subtitle 20.1, 20.2, 20.3 and 20.9 of the Medina Municipal Code and chapters thereto are hereby adopted as set forth in “Attachment A” of this ordinance. Section 5. Adoption of New Chapters on Permits and Approvals. A new Subtitle 20.7 of the Medina Municipal Code and chapters thereto are hereby adopted as set forth in “Attachment B” of this ordinance. Section 6. Amend Section 1.15.030. Section 1.15.030 of the Medina Municipal Code is recommended to be amended to read: This chapter applies to any violations of: A. Title ((17)) 20 MMC, ((Zoning)) Unified Development Code; B. Chapter 8.04 MMC, Nuisances; C. Chapter 8.06 MMC, Noise; D. Chapter 12.08 MMC, Construction in Streets; E. Chapter 12.28 MMC, Tree Code; F. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights-of-Way; G. ((Chapter 14.12 MMC, Site Plan Review; H.)) Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; ((I.)) H. Chapter 18.08 MMC, Shoreline Management Master Program; ((J.)) I. Chapter 18.12 MMC, Critical Areas; ((K. Chapter 20.40 MMC, Building Codes; L. Chapter 20.44 MMC, Minimum Maintenance Standards for Vacant Residences and Abandoned Construction Sites;)) and ((M.)) J. Other Medina Municipal Code sections that make reference to this chapter Section 7. Repeal Section 2.78.065. Section 2.78.065 of the Medina Municipal Code is hereby repealed in its entirety. Section 8. Amend Section 2.78.070. Section 2.78.070 of the Medina Municipal Code is hereby amended to read: The hearing examiner shall have the following duties and responsibilities: A. The hearing examiner shall conduct public hearings and make decisions or recommendations when authorized to do so under the Medina Municipal Code or by specific grant of authority from the city council; B. In carrying out the duties, the hearing examiner shall review available information, maintain an accurate record of the proceedings, determine findings of fact from the record, and form conclusions in support of recommendations or decisions; C. The hearing examiner may also exercise administrative powers and such other quasi- judicial powers as may be granted by the city council. ((The hearing examiner shall review and act on the following: A. Appeals of administrative decisions/determinations, including but not limited to SEPA determinations, lot line adjustments, short subdivisions, administrative interpretations, temporary noise variances, code enforcement and any other decisions affecting a landowner’s ability to develop property within the city: B. Conditional use permits; C. High bank density development permits; D. Planned land use development permits; E. Shoreline conditional use permits; F. Shoreline variances; G. Special use permits, except where reviewed administratively per MMC 14.08.020(B); H. Substantial development permits; I. Tree removal and pruning pursuant to Chapter 12.28 MMC; J. Variances, except where reviewed administratively per MMC 14.08.020(A); K. Historical use permits; L. Technical and economic noise variances pursuant to Chapter 8.06 MMC; and M. Other matters as provided in the Medina Municipal Code and other ordinances.)) Section 9. Repeal Section 2.78.110. Section 2.78.110 of the Medina Municipal Code is hereby repealed in its entirety. Section 10. Amend Section 2.78.120. Section 2.78.120 of the Medina Municipal Code is hereby amended to read: In addition to all other fees and costs required, each application for a permit which requires a hearing before the hearing examiner shall be assessed an additional fee ((of $1,000)) established pursuant to MMC 20.14.040 to defer the expense of the hearing examiner. Section 11. Repeal Section 2.78.130. Section 2.78.130 of the Medina Municipal Code is hereby repealed in its entirety. Section 12. Amend Section 3.64.010. Section 3.64.010 of the Medina Municipal Code is hereby amended to read: In addition to development fees established as set forth in Chapter ((17.44 MMC)) 20.14 MMC, authority is delegated to the city manager to establish, increase or decrease fees for other services provided by the city, including but not limited to the following: accident and case reports; audio duplications; computer printouts; copies; hearing examiner hearings; witness fees; jury service fees; municipal court fees; business license fees; franchise fees; animal impound and license fees; registration of home security systems; fireworks licenses (not to exceed the maximum amount set by state law, RCW 70.77.555); parking permits; bicycle licenses; oversize vehicle permits; overweight vehicle permits; tracked, spiked, cleated or lugged vehicle permits; construction vehicle parking permits; street excavation permits; street trench cut permits; right-of-way tree trimming or removal permits; permits for tree removal during new development or reconstruction; garage sale permits; blanket utility permits; appeals of administrative decisions; administrative variances and permits; extension of building permits; renewal of building permits; burning permits; building moving permits; construction mitigation plans; accessory dwelling unit registration; special use permits; satellite receiving system permits; home occupation permits; adult family home permits; family day care permits; house trailer occupancy permits; sign permits; sign impound fees; waterfront construction fees; wireless communication facility permits; environmental reviews (SEPA and shoreline); shoreline development permits; concealed weapon permits; requests for reconsideration; reroofing permits; clarification or modification of decisions; comprehensive plan amendments; Endangered Species Act review; replacement permits; applications for variance renewal; amendments of zoning ordinances; returned checks; rezones and amendments to the comprehensive plan. Section 13. Amend Section 12.06.020. Section 12.06.020 of the Medina Municipal Code is hereby amended to read: It shall be unlawful for any person to dig up, cut into, mar, deface, alter, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained a right-of-way permit pursuant to ((Chapter 20.80 MMC)) MMC 20.70.020 and the provisions of this chapter. Section 14. Repeal Section 12.06.370. Section 12.06.370 of the Medina Municipal Code is hereby repealed in its entirety. Section 15. Amend Section 12.08.010. Section 12.08.010 of the Medina Municipal Code is hereby amended to read: A. It is unlawful to dig or cut into or mar, deface or alter any road or street right-of-way, whether improved or unimproved, without first obtaining, and in compliance with the terms of, a right-of-way permit pursuant to ((Chapter 20.80 MMC)) MMC 20.70.020 and the provisions of this chapter. Additionally, the city engineer and/or the city manager or designee may require a right-of-way permit to use the city’s right-of-way when a construction or excavation activity is anticipated to negatively impact the city’s streets. B. 1. No permit shall be issued unless the action proposed is reasonably necessary and is consistent with the comprehensive plan and the street design standards referenced therein. 2. All such permits shall require that adequate warning or protective structures, signs, signals or devices will be maintained until the right-of-way is restored and that restoration will be accomplished in a reasonable time specified therein to a condition substantially equal to its prior condition, to the decided satisfaction of the city manager. 3. In the event of failure to restore the right-of-way as set forth above, the city shall have the right, but not the obligation, to restore the right-of-way to its prior condition and to charge all costs thereof to the applicant. A lien for such costs may be placed against any property of the applicant within the city and enforced as a mechanics’ lien pursuant to the laws of the state. C. Any permit issued under this section shall state the location of the proposed action, why it is necessary, whether or not warning or protective structures, signs, signals or devices shall be maintained, the time within which the road or street right-of-way must be restored, and the deposit or bond, if any, required to protect the city in its restoration. D. Fees charged for issuance of right-of-way permits are specified in the fee schedule adopted pursuant to Chapter ((3.64 MMC)) 20.14 MMC and, where there is any cutting of the surfaced portion, a deposit or bond may be required in an amount sufficient to assure adequate and timely restoration. Upon such restoration, any deposit shall be returned or bond released; otherwise, the person authorized may withhold so much of the deposit as may be necessary to assure such restoration or instruct the city attorney to bring action against the permittee and/or his surety. E. Any violation of this chapter shall be subject to the enforcement provisions and penalties set forth in Chapter 1.15 MMC. Section 16. Amend Section 12.10.020. Section 12.10.020 of the Medina Municipal Code is hereby amended to read: No person, corporation, firm, or organization shall move any building over, along or across a city right-of-way or property without first obtaining a building permit from the city as set forth in ((Chapter 20.40 MMC)) MMC 20.70.010. Section 17. Repeal Section 12.10.090. Section 12.10.090 of the Medina Municipal Code is hereby repealed in its entirety. Section 18. Amend Section 12.12.040. Section 12.12.040 of the Medina Municipal Code is hereby amended to read: A. Any work affecting the location of its poles, pipes, conduits in, upon, or along city streets by or at the instance of a public utility as defined in this chapter, shall be done only upon approval of a right-of-way permit pursuant to MMC 12.70.020 ((showing approval by the street superintendent or other person to whom his authority may be delegated,)) and according to any applicable ordinances or resolutions of the city. B. Such applications shall be accompanied by at least two maps to the same scale as the map required under MMC 12.12.030, if such is requested by the city and the permit shall be in addition to that required where cutting into the surface of, or altering, city streets is involved. Section 19. Amend Section 12.28.035. Section 12.28.035 of the Medina Municipal Code is hereby amended to read: ((A.)) When the provisions in MMC 12.28.030 apply to private property, an administrative tree removal permit is required pursuant to MMC 20.70.050, except as ((provided)) set forth in MMC 12.28.055. ((B. Administrative tree removal permits are ((a Type 1 decision processed pursuant to Chapter 20.80 MMC and the criteria and conditions established in this chapter.)) Section 20. Amend Section 12.28.055. Section 12.28.055 of the Medina Municipal Code is hereby amended to read: A. A nonadministrative tree removal permit shall be required when removal of a significant tree from private property involves a tree having a 50-inch or greater DBH and the tree is not located within the new building footprint on properties undergoing development. B. Nonadministrative tree removal permits are ((a Type 3 decision)) processed pursuant to ((Chapter 20.80)) MMC 20.72.100 and ((the following: 1. A))applications shall be submitted containing the information set forth in MMC 12.28.160((; and 2. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180(A) through (E))). C. Removal of a significant tree from private property where such tree is a minimum of 50- inch DBH and is located within the new building footprint on properties undergoing development is allowed pursuant to the replacement provisions of MMC 12.28.060(C). Section 21. Amend Section 12.28.170. Section 12.28.170 of the Medina Municipal Code is hereby amended to read: A. When an application to remove, prune or trim a tree in the public right-of-way is provided by a property owner adjoining the subject right-of-way, the following shall apply: 1. The application shall be for an administrative right-of-way tree trimming/removal permit; 2. The application shall be processed ((as a Type 2 decision)) pursuant to ((Chapter 20.80)) MMC 12.71.050((; and 3. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180)). B. When an application to remove, prune or trim a tree in the public right-of-way is provided by a property owner who is not adjoining the subject right-of-way, the following shall apply: 1. The application shall be for a nonadministrative right-of-way tree trimming/removal permit; 2. The application shall be processed ((as a Type 3 decision)) pursuant to ((Chapter 20.80)) MMC 20.72.090((; and 3. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180)). Section 22. Amend Section 12.28.230. Section 12.28.230 of the Medina Municipal Code is hereby amended to read: A. All tree trimming, pruning and/or removal in city rights-of-way to be accomplished by a public or private utility for any purpose shall not be performed without first obtaining a nonadministrative right-of-way tree trimming/removal permit pursuant to the process in ((Chapter 20.80)) MMC 20.72.090. B. Prior to a hearing before the hearing examiner, the permit applicant shall submit a comprehensive work plan to the city manager or the city manager’s designee for review and concurrence. C. A permit applicant’s work plan shall adhere to the provisions found in other applicable sections of Chapter 12.28 MMC as well as any special provisions as defined by the city manager or the city manager’s designee and consistent with the purpose statements in MMC 12.28.010. Section 23. Amend Section 12.28.240. Section 12.28.240 of the Medina Municipal Code is hereby amended to read: A. ((Any permit granted hereunder shall expire 18 months from the date of issuance or upon expiration of a corresponding building permit, whichever occurs later. Approved plans shall not be amended without authorization of the city manager or designee. The permit may be suspended or revoked by the city manager or designee or designated official due to incorrect information, supplied knowingly or otherwise, or any violation of the provisions of the Medina Municipal Code. B.)) No work shall commence until a permit notice has been posted on the subject site at a conspicuous location. The notice shall remain posted until the project has been completed. ((C.)) B. Applications for tree removal permits may be circulated to other city departments or state agencies for review and approval as is deemed necessary by the city landscape consultant. ((D.)) C. An occupancy permit shall not be issued until all required landscaping is complete and approved by the city landscape consultant or the applicant deposits to the city a dollar amount calculated by the city, based on 150 percent of the estimated cost of landscaping and tree mitigation not complete at the time of inspection. This deposit shall be refunded at the completion of the required landscaping. Section 24. Repeal Chapter 12.40. Chapter 12.40 of the Medina Municipal Code is hereby repealed in its entirety. Section 25. Amend Section 15.20.050. Section 15.20.050 of the Medina Municipal Code is hereby amended to read: A. Construction Code of Conduct. Construction Code of Conduct shall be processed pursuant to MMC 20.70.030. ((Prior to the issuance of any permits for grading, demolition or construction, the property owner(s), agent, and contractor shall sign the city of Medina construction code of conduct and the signed construction code of conduct shall be submitted as an attachment to the building or development permit application.)) B. Tailored Construction Mitigation Plan. 1. Level 1 tailored construction mitigation plans shall be processed ((as Type 2 decisions)) pursuant to ((Chapter 12.80)) MMC 20.71.040. ((The proposed mitigation plan shall be signed by the property owner(s), agent, and contractor and submitted by the applicant as an attachment to the building permit application.)) 2. Level 2 tailored construction mitigation plans shall be processed ((as a Type 3 decision)) pursuant to ((Chapter 12.80)) MMC 20.72.080. ((The final tailored construction mitigation plan shall include signatures of the property owner(s), agent, and consultant, and may include provisions for any of the items described in MMC 15.20.030.)) 3. A tailored construction mitigation plan shall not be approved unless the adverse consequences of proposed construction on adjacent and nearby properties have been reasonably mitigated for based on the evaluation criteria and mitigation measures set forth in this chapter. 4. A tailored construction mitigation plan must be approved before permits for grading, demolition or construction may be issued. Section 26. Amend Section 18.12.110. Section 18.12.110 of the Medina Municipal Code is hereby amended to read: A. Exemptions. The following developments, activities, and associated uses shall be exempt from the provisions of this chapter; provided that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements: 1. Emergency actions necessary to prevent an immediate threat to public health, safety or welfare, or that pose an immediate risk of damage to private property and that require action in a timeframe too short to allow for compliance with this title. After the emergency, the code official shall be notified of these actions within 14 days. The person or agency undertaking the action shall fully restore and/or mitigate any impacts to critical areas and buffers in accordance with an approved critical area report and mitigation plan; 2. Operation, maintenance, remodel or repair of existing structures and facilities, provided there is no further intrusion into a critical area or its buffer and there is no significant increase in risk to life or property as a result of the action; 3. Passive recreation, education, and scientific research activities that do not degrade critical areas or buffers, such as fishing, hiking and bird watching, not including trail building or clearing; 4. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to critical areas and buffers shall be minimized and disturbed areas shall be immediately restored; and 5. Construction or modification of navigational aids and boundary markers. B. Existing Structures. It is recognized in this chapter that Medina is a fully developed community and that there are existing structures that do not meet the requirements of this chapter. Existing structures may be maintained, repaired and remodeled provided there is no further intrusion into a critical area or its buffer. New construction or reconstruction must conform to the requirements of this chapter except for as provided for single-family residences in the subsection below. Structures damaged or destroyed due to disaster (including nonconforming structures) may be rebuilt in like kind as described in ((MMC Title 17)) the Zoning Code. C. Trams. Due to high, steep slopes, hillside trams are one of the more practical means of accessing the shoreline portion of many lots. In these situations, the city recognizes trams as a normal appurtenance to a residential structure. For purpose of this chapter, trams, including the upper and lower landings, are exempt from the steep slope setback requirements of MMC 18.12.390(B) and the variance requirements of MMC 18.12.220. D. Limited Exemptions. The following permitted developments, activities, and associated uses shall be exempt from the critical areas review process; provided, that they are consistent with intent of this chapter. The city may condition approval of such permits to ensure adequate critical areas protection: 1. Existing single-family residences may be expanded, reconstructed, or replaced, provided all of the following are met: a. Expansion within a critical area buffer is limited to 500 square feet of structural coverage beyond the existing structural coverage as defined in MMC 20.23.030 ((17.12.010)); b. The expansion extends no closer to critical area than previously; c. The proposal preserves the functions and values of wetlands, fish and wildlife habitat conservation areas, and their buffers to the maximum reasonable extent; d. The proposal includes on-site mitigation to offset any impact; e. The proposal will not significantly affect drainage capabilities, flood potential, and steep slopes and landslide hazards on neighboring properties; and f. The expansion would not cause a tree within a buffer to be labeled as a hazardous tree (MMC 12.28.020) and thus require the removal of the hazardous tree; 2. Replacement, modification, installation or construction of streets and utilities in existing developed utility easements, improved city street rights-of-way, or developed private streets. Utilities include water, sewer lines, and stormwater and franchise (private) utilities such as natural gas lines, telecommunication lines, cable communication lines, electrical lines and other appurtenances associated with these utilities. The activity cannot further permanently alter or increase the impact to, or encroach further within, a critical area or buffer and must utilize best management practices; 3. Public and Private Nonmotorized Trails. Public and private pedestrian trails are allowed in critical areas, except for streams and wetlands, and all critical area buffers, subject to the following: a. There is no practicable alternative that would allow placement of the trail outside of critical area buffers and geologically hazardous areas; b. The trail surface shall meet all other requirements including water quality standards; c. Trails proposed in stream or wetland buffers shall be located in the outer 25 percent of the buffer area, except when bridges or access points are proposed; d. Stream and wetland buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; e. Trail corridors in critical areas and buffers shall not exceed six feet in width; and f. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; 4. Select Vegetation Removal Activities. The following limited vegetation removal activities are allowed in critical areas and buffers. Otherwise, removal of any vegetation or woody debris from a critical area shall be prohibited unless the action is part of an approved alteration. a. The removal of the following vegetation with hand labor and/or light equipment; provided, that the appropriate erosion-control measures are used and the area is replanted with native vegetation: i. Invasive weeds; ii. Himalayan blackberry (Rubus discolor, R. procerus); iii. Evergreen blackberry (R. laciniatus); iv. Ivy (Hedera spp.); and v. Holly (Ilex spp.), laurel, Japanese knotweed (Polygonum cuspidatum), or any other species on the King County Noxious Weed List. b. The cutting and removal of trees that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property, from critical areas and buffers; provided, that: i. The applicant submits a report from a qualified professional (e.g., certified arborist or professional forester) that documents the hazard as specified in MMC 12.28.105 and provides a replanting schedule for replacement trees; ii. Tree cutting shall be limited to limbing and crown thinning, unless otherwise justified by a qualified professional. Where limbing or crown thinning is not sufficient to address the hazard, trees should be topped to remove the hazard rather than cut at or near the base of the tree; iii. All native vegetation cut (tree stems, branches, tops, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease transmittal to other healthy vegetation or the remaining material would threaten the survival of existing native vegetation. However, no cut material shall be left on a steep slope or landslide hazard area without the approval of a qualified professional; iv. Trees shall be cut to leave standing snags when doing so allows the hazard of the tree to be eliminated; v. The landowner shall replace any native trees that are felled or topped with new trees at ratios specified in MMC 12.28.060 within one year in accordance with an approved restoration plan prepared by a qualified professional. Tree species that are native and indigenous to the site shall be used; vi. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods for removal that will minimize impacts; and vii. Hazard trees determined to pose an imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation may be removed or topped by the landowner prior to receiving written approval from city of Medina; provided, that within 14 days following such action, the landowner shall submit a restoration plan that demonstrates compliance with the provisions of this title. c. Trimming of vegetation for purposes of providing view corridors will be allowed; provided, that it is consistent with Chapter 18.16 MMC and that trimming shall be limited to view corridors of 20 feet in width or less, that the limbs involved do not exceed three inches in diameter, that no more than 25 percent of the live crown is removed, and that benefits to fish and wildlife habitat are not reduced. Trimming shall be limited to hand pruning of branches and vegetation. Trimming shall not include felling, topping, stripping, excessive pruning or removal of trees. d. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in-kind or with similar native species within one year in accordance with an approved restoration plan prepared by a qualified professional; and 5. Conservation, Preservation, Restoration and/or Enhancement. a. Conservation and/or preservation of soil, water, vegetation, fish and/or other wildlife that does not entail alteration of the location, size, dimensions or functions of an existing critical area and/or buffer; and b. Restoration and/or enhancement of critical areas or buffers; provided, that actions do not alter the location, dimensions or size of the critical area and/or buffer; that actions do not alter or disturb existing native vegetation or wildlife habitat attributes; that actions improve and do not reduce the existing functions of the critical areas or buffers; and that actions are implemented according to a restoration and/or enhancement plan that has been approved by the city of Medina. Section 27. Amend Section 18.12.120. Section 18.12.120 of the Medina Municipal Code is hereby amended to read: ((A.)) If the application of this title would prohibit a development proposal by a public agency or public utility, the agency or utility may apply for an exception pursuant to MMC 20.72.070. ((this section. B. Exception Request and Review Process. An application for a public agency and utility exception shall be made to the city of Medina and shall include a critical area report; a mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The city manager or designee shall prepare a recommendation to the hearing examiner based on review of the submitted information, a site inspection, and the proposal’s ability to comply with public agency and utility exception review criteria in subsection (D) of this section. C. Hearing Examiner Review. The hearing examiner shall review the application and the city manager’s or designee’s recommendations, and conduct a public hearing pursuant to the provisions of Chapter 2.78 MMC. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the public agency and utility exception review criteria in subsection (D) of this section. D. Public Agency and Utility Review Criteria. The criteria for review and approval of public agency and utility exceptions follow: 1. There is no other practical alternative to the proposed development with less impact on critical areas and/or buffers; 2. The application of this title would unreasonably restrict the ability to provide utility services to the public; and 3. The proposal meets the review criteria in MMC 18.12.200. E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.)) Section 28. Amend Section 18.12.130. Section 18.12.130 of the Medina Municipal Code is hereby to be amended to read: ((A.)) If the application of this title would deny all reasonable use of the subject property, the property owner may apply for an exception pursuant to MMC 20.72.060. ((this section. B. Exception Request and Review Process. An application for a reasonable use exception shall be made to the city of Medina and shall include a critical area report; a mitigation plan, if necessary; and any other related project documents, such as permit applications to other agencies, special studies, and environmental documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C RCW) (SEPA documents). The city manager or designee shall prepare a recommendation to the hearing examiner based on review of the submitted information, a site inspection, and the proposal’s ability to comply with reasonable use exception review criteria in subsection (D) of this section. C. Hearing Examiner Review. The hearing examiner shall review the application and conduct a public hearing pursuant to the provisions of Chapter 2.78 MMC. The hearing examiner shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the reasonable use exception review criteria in subsection (D) of this section. D. Reasonable Use Exception Review Criteria. All of the following review criteria must be met for approval of reasonable use exceptions: 1. The application of this title would deny all reasonable use of the property; 2. No other reasonable use of the property has less impact on critical areas and/or buffers; 3. Any alteration is the minimum necessary to allow for reasonable use of the property; 4. Impacts to critical areas are mitigated consistent with the purpose and standards of this chapter to the greatest extent feasible; 5. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the proposed development site; 6. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant after the effective date of this title, or its predecessor; and 7. The proposal meets the review criteria in MMC 18.12.200. E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.)) Section 29. Amend Section 19.08.010. Section 19.08.010 of the Medina Municipal Code is hereby amended to read: The city council may, in its sole discretion which is hereby reserved, approve facilities leases for the location of telecommunications facilities and other facilities upon city property other than rights-of-way. Neither this section, nor any other provision of this title shall be construed to create an entitlement or vested right in any person or entity of any type. Facilities leases granted for the installation and/or construction of wireless communications facilities shall also comply with the terms and provisions of Chapter ((17.90 MMC)) 20.37 MMC. Section 30. Amend Section 20.40.040. Section 20.40.040 of the Medina Municipal Code is hereby amended to read: All permits issued by the city of Medina in conformance with the provisions of the referenced codes in this title shall be subject to a plan review fee and/or a permit fee as prescribed in Tables A, B, and C as adopted in Chapters 3.64 and ((17.44)) 20.14 MMC. These fee schedules are adopted by reference and incorporated into this title as though set forth herein in their entirety. Section 31. Amend Section 20.40.125. Section 20.40.125 of the Medina Municipal Code is hereby amended to read: Section 503 of the International Fire Code is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Chapters 12.08 and ((17.72)) 20.91 MMC. Road structure shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the distance up to 200 feet where: 1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the International Fire Code; 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an alternate means of fire protection and building or structure access is provided as approved by the fire code official or the building official; or 3. There are not more than two Group R-3 occupancies to be served by a fire apparatus access road. 503.1.2 Additional Access. The fire code official or the building official is authorized to require more than one fire apparatus road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 503.1.3 High-piled storage. Fire department vehicle access to buildings used for high-piled storage shall comply with the applicable provisions of Chapter 23, International Fire Code. 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with this Section, and in accordance with Chapters 12.08 and ((17.72)) 20.91 MMC. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders. The minimum vertical clearance shall be not less than 13 feet 6 inches. Exceptions: Access roads serving not more than two Group R-3 or U occupancies shall have an unobstructed width of not less than 16 feet. 503.2.2 Authority. The fire code official or the building official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. 503.2.3 Surface. Fire apparatus roads shall be surfaced and maintained to provide all weather and non-slip driving capabilities. Surface materials shall be asphalt, concrete or other material approved by the fire code official and the Medina City Engineer. 503.2.4 Turning radius. The turning radius of a fire apparatus access road shall be 28 feet minimum inside curb and 48 feet minimum outside curb. 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an area for turning around fire apparatus as approved by the fire code official, and in accordance with Chapter ((17.72)) 20.91 MMC. Exception: The fire code official is authorized to increase the length up to 300 feet for driveways serving only one Group R-3 occupancy. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus road, the bridge shall be constructed and maintained in accordance with Chapter 12.08 MMC. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits are to be posted at all entrances to bridges when required by the fire code official. Posted signs are to be in accordance with Chapter ((17.72)) 20.91 MMC. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official. 503.2.7 Grade. The grade of the fire apparatus access road, including private and public roads and driveways shall be in accordance with Chapters 12.08 and ((17.72)) 20.91 MMC, and the following: 1. The grade of access on properties that have structures that have non- automatic sprinklers shall not exceed 12 percent longitudinally, and 5 percent laterally. 2. The grade of access on properties that have structures that have automatic sprinklers shall not exceed 15 percent longitudinally, and 5 percent laterally. 3. All grades of access in excess of 15 percent longitudinally require fire code official approval. Grades in excess of 5 percent laterally are not permitted. 4. Grades of fire apparatus access roads for all properties which are in excess of 15 percent longitudinally shall have additional fire department access improvements installed and maintained as approved by the fire code official and building official including all-weather walking surfaces constructed in accordance with Chapter 10 of the International Building Code. 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be in accordance with Chapters 12.08 and ((17.72)) 20.91 MMC, and within the limits established by the fire code official based upon the fire department’s apparatus. 503.3 Marking. Where required by the fire code official fire apparatus access roads shall be marked as follows: 1. FIRE LANE – NO PARKING Signs shall be mounted a minimum of 60 inches above grade (80 inches if adjacent to a pedestrian pathway). Signs must be type “R8-31” or equivalent reflective sign no less than 12 inches by 18 inches in size, with a white background and the wording “No Parking Fire Lane” in red letters. When in a straight line of sight, these signs shall be no further than 150 feet apart. This distance may be reduced when curves, corners or other adverse sighting conditions restrict the line of sight. 2. Designated fire department access roads (“Fire Lanes”) shall be painted red. This shall include both vertical and horizontal portions of the curb. Minimum 3 inch white lettering which shall read: NO PARKING – FIRE LANE, shall be placed every 50 feet or portion thereof on the vertical portion of the curb. The entire curb length shall be painted. If there are rolled curbs or no curbs, stenciling shall be placed on pavement. Exception: Variations to Fire Lane markings may be approved when in the opinion of the fire code official the proposed signage and markings achieve the same outcome. The fire chief retains the right to revoke variations for cause. 3. Fire apparatus access road markings shall be maintained by the entity or person(s) owning the road. 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and MMC 12.06.080 shall be maintained at all times. 503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accessways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. 503.5.1 Security gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception. The restriction on use shall not apply to public officers acting within the scope of duty. 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be reviewed and approved by the fire code official and must comply with Appendix D103.5, and must be in accordance with ((Chapter 12.40)) MMC 20.30.010. The use of directional-limiting devices (tire spikes) is prohibited. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. Gates on all properties shall be set back a minimum distance of 20 feet from the roadway edge of pavement, except the Medina City Engineer may increase or decrease this distance based upon safety and feasibility considerations. Section 32. Amend Section 20.40.150. Section 20.40.150 of the Medina Municipal Code is hereby amended to read: The city is authorized to charge and collect fees to recover the cost to the city for the services of the Bellevue fire department related to determining compliance with the International Fire Code. The fees shall be based on the fee schedule adopted in Chapters 3.64 and ((17.44)) 20.14 MMC. Section 33. Amen d Section 20.40.160. Section 20.40.160 of the Medina Municipal Code is hereby amended to read: In order to hear and decide appeals of orders, decisions or determinations made by the building official or the fire code official relative to the application and interpretation of the State Building Code, applicants shall have a right of appeal pursuant to MMC 20.80.220((to the hearing examiner, as provided in Chapter 2.78 MMC. This appeal process shall replace any reference to a board of appeals in the adopted codes. An application for appeal shall be based on a claim that the true intent of the subject code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of the State Building Code.)) Section 34. Repeal Section 20.44.025. Section 20.44.025 of the Medina Municipal Code is hereby repealed in its entirety. Section 35. Repeal Section 20.73.050. Section 20.73.050 of the Medina Municipal Code is hereby repealed in its entirety. Section 36. Amend Section 20.73.060. Section 20.73.060 of the Medina Municipal Code is hereby amended to read: A. The provisions set forth in this chapter shall constitute the minimum requirements necessary to promote the public health, safety, and general welfare. B. Any person who desires to subdivide land within the boundaries of the city should consult with the city at an early date to become familiar with the requirements of this chapter and for assistance in understanding the engineering requirements and the construction standards of the city. C. Transfer of Land Prior to Final Approval. 1. Whenever any parcel of land is divided into two or more lots, no person, firm, corporation or agents of them shall sell, transfer or advertise for sale or transfer any such lot without having a short subdivision or subdivision recorded unless preliminary approval expressly conditions a performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land on the recording of the final short plat or plat. 2. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, or parcel of land following preliminary approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel, the offer or agreement shall not be subject to the penalties in RCW 58.17.200 or 58.17.300, or MMC 20.73.180. 3. All payment on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final short plat or plat is recorded. D. Lands designated as critical areas such as wetlands, aquifers, streams, flood hazards, geological hazards and wildlife habitat conservation areas shall not be divided nor have lot lines adjusted unless adequate safeguards are provided as prescribed in Chapter 18.12 MMC, Critical Areas. E. The applicant shall pay a fee in accordance with the fee schedule adopted in Chapters 3.64 and ((17.44)) 20.14 MMC, which shall accompany the application. F. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final subdivision, the city may accept a bond providing for and securing the actual construction and installation of such improvements within a period specified by the city. In addition, the city may provide for methods of security, including the posting of a bond securing the successful operation of improvements for up to two years after final approval. ((G. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.)) Section 37. Repeal Section 20.80.040. Section 20.80.040 of the Medina Municipal Code is hereby repealed in its entirety. Section 38. Amend Section 20.80.060. Section 20.80.060 of the Medina Municipal Code is hereby amended to read: The procedures for processing a project permit application may include a determination of completeness, notice of application, notice of hearing, and notice of decision. The following tables establish the decision type, the person or body authorized to make the decision, the general review procedures, and notice requirements that are applicable to each project permit application. A. Table MMC 20.80.060(A) sets forth project permits that are categorized as Type 1 decisions with the applicable corresponding review procedures. MMC Table 20.80.060(A) - Type 1 decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Building, reroof and construction permits not listed / no SEPA BO Yes No No Yes Mechanical permit BO Yes No No Yes Demolition permit / no SEPA BO Yes No No Yes Grading and drainage permit / no SEPA BO Yes No No Yes Fence permit BO Yes No No Yes Final short subdivision D No No No No Administrative tree removal permit D Yes No No Yes Hazardous tree designation D Yes No No Yes Right-of-way permit E Yes No No Yes Lot line adjustment D Yes No No Yes Zoning code interpretation D No No No Yes Accessory dwelling units D Yes No No Yes Administrative sign approval D Yes No No Yes Code of conduct approval E Yes No No Yes SEPA letter of exemption D1 No No No Yes Shoreline letter of exemption D No No No Yes Shoreline Master Program interpretation D No No No Yes Temporary Use Permit D No No No Yes Notes: “DOC” - determination of completeness required pursuant to MMC 20.80.100 “NOA” - notice of application required pursuant to MMC 20.80.110 “NOH” - notice of hearing required pursuant to MMC 20.80.120 “NOD” – notice of decision required pursuant to MMC 20.80.200 “BO” means building official has authority to make the decision “D” means the director has authority to make the decision “E” means the City engineer or designee has authority to make the decision 1Director here means the person designated as the Responsible Official B. Table MMC 20.80.060(B) sets forth project permits that are categorized as Type 2 decisions with the applicable corresponding review procedures. MMC Table 20.80.060(B) - Type 2 decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Building permit / with SEPA BO/ D1 Yes Yes No Yes Demolition permit / with SEPA BO/ D1 Yes Yes No Yes Grading and drainage permit / with SEPA BO/ D1 Yes Yes No Yes Administrative right-of-way tree trimming/ removal permit D Yes Yes No Yes Administrative special use permit D Yes Yes No Yes Administrative variance D Yes Yes No Yes Minor deviation D Yes Yes No Yes SEPA threshold determination D1 Yes Yes2 No Yes Preliminary short subdivision D Yes Yes No Yes Tailored construction mitigation plan – level 1 D Yes Yes No Yes Final subdivision CC No No No Yes Notes: “DOC” - determination of completeness required pursuant to MMC 20.80.100 “NOA” - notice of application required pursuant to MMC 20.80.110 “NOH” - notice of hearing required pursuant to MMC 20.80.120 “NOD” – notice of decision required pursuant to MMC 20.80.200 “BO” means building official has authority to make the decision “D” means the director has authority to make the decision “CC” means the City Council makes the decision “E” means the City engineer or designee has authority to issue a decision 1Director here means the person designated as the Responsible Official 2A NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11-340(1). C. Table MMC 20.80.060(C) sets forth project permits that are categorized as Type 3 decisions with the applicable corresponding review procedures. MMC Table 20.80.060(C) - Type 3 decisions Project Permit Decision Authority Procedure Requirements DOC NOA NOH NOD Non-administrative special use permit HE Yes Yes Yes Yes Conditional use permit HE Yes Yes Yes Yes Historical use permit HE Yes Yes Yes Yes Non-administrative variance HE Yes Yes Yes Yes Site-specific rezone PC/CC1 Yes Yes Yes Yes Reasonable use exception HE Yes Yes Yes Yes Non-administrative right-of-way tree trimming/ removal permit HE Yes Yes Yes Yes Non-administrative tree removal permit HE Yes Yes Yes Yes Site plan review PC Yes Yes Yes Yes Tailored construction mitigation plan level 2 PC 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 20.80.100 “NOA” - notice of application required pursuant to MMC 20.80.110 “NOH” - notice of hearing required pursuant to MMC 20.80.120 “NOD” – notice of decision required pursuant to MMC 20.80.200 “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 1The 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. 2Hearing 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 ((T))the Hearing Examiner’s action on shoreline variances and shoreline conditional use permits is ((a recommendation to the Washington State Department of Ecology who decide these permits pursuant to chapter 90.58 RCW)) 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. Section 39. Am end Section 20.80.210. Section 20.80.210 of the Medina Municipal Code is hereby amended to read: A. A decision on a project permit application shall be issued within 120 days from the date the application is determined to be complete pursuant to MMC 20.80.100, except as follows: 1. The city makes written findings that a specified amount of additional time is needed for processing the application; or 2. A project permit or approval involves public facilities, utilities or related uses of public areas or facilities if the director determines special circumstances warrant a longer process. B. If the city is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the parties of record. The notice shall include a statement of reasons why the time limits were not met, and an estimated date for issuance of the notice of decision. C. In calculating the 120-day time period, the following days shall be excluded: 1. Any period in which the city asks the applicant to correct plans, perform required studies, or provide additional information and the applicant takes to provide the additional information. 2. Any period where the city determines that submitted information is insufficient or incorrect, and has requested the applicant provide the necessary information. 3. Any period, not to exceed 30 days, during which a code interpretation pursuant to MMC ((17.08.040)) 20.10.050 is processed in conjunction with an underlying project permit application. 4. Any period during which an environmental impact statement is being prepared. 5. Any period of time for an administrative appeal or reconsideration of the hearing examiner’s decision. 6. Any period of time a project permit application requires approval of an amendment to the comprehensive plan or development regulation in order to receive permit approval. 7. Any period of time on a project permit application that is substantially revised by the applicant, in which case a new 120-day time period shall start from the date at which the revised project application is determined to be complete. 8. Any extension of time mutually agreed upon by the applicant and the city. D. All excluded periods are calculated from the date the city notifies the applicant to when the information satisfies the city’s requirement. E. If the city is unable to issue a decision within the time period prescribed by this section; the city shall notify the applicant in writing. The notice shall include a statement of reasons why the time limits have not been met and an estimated date of issuance of a decision. Attachment A Title 20 Unified Development Code Chapter: 20.00 Introduction to the Unified Development Code. Subtitle 20.1 Administration of Unified Development Code Chapters: 20.10 Administration – General provisions. 20.12 Definitions. 20.14 Development Permit Fees. 20.16 Enforcement. Subtitle 20.2 Land Use Chapters: 20.20 Establishment of Zoning. 20.21 Use and Occupancy Development Regulations. 20.22 Lot Development Standards. 20.23 Bulk Development Standards. Subtitle 20.3 Special Development Standards Chapters: 20.30 City-wide Uses. 20.31 Limited Uses. 20.32 Special Uses. 20.33 Historical Uses. 20.34 Accessory Uses. 20.35 Temporary Uses. 20.36 Nonconformity. 20.37 Wireless Communication Facilities. Subtitle 20.9 Infrastructure Improvements Chapters: 20.90 Subdivision Design and Improvement Standards. 20.91 Private Lanes Attachment A Chapter 20.00 Introduction to the Unified Development Code Sections: 20.00.010 Title. 20.00.020 Statement of purpose. 20.00.010 Title. This title shall be known as, and may be cited as, the "Medina Unified Development Code” and may be cited as the UDC. 20.00.020 Statement of purpose. A. The UDC is a comprehensive set of regulations that governs the physical development of all land and water within the City of Medina, except where state-owned properties are exempt under state law, for the purpose of orderly development within the community. The UDC consolidates the City’s zoning, platting, environmental, construction and other development regulations into a one-book source with the goal of providing consistency between different regulations, and making the ability to find information related to development easier. B. The primary purpose of the regulations under this title is to: 1. Encourage and guide development consistent with the goals and policies of the Medina Comprehensive Plan; 2. Protect the community’s single-family residential nature and the natural aesthetic quality of the community; 3. Address both natural and manmade environmental considerations as part of the project permitting processes; 4. Protect the public’s health, safety and welfare as a whole and not create a duty of protecting any person or class of persons; and 5. Provide appropriate procedures for enforcement of the regulations of this title. Attachment A Subtitle 20.1 Administration of Unified Development Code Chapter 20.10 Administration – General Provisions Sections: 20.10.010 Compliance. 20.10.020 Minimum requirements. 20.10.030 Conflicts. 20.10.040 Administrative authority. 20.10.050 Interpretations. 20.10.060 Compliance with other laws. 20.10.070 City Liability. 20.10.080 Responsibility for compliance. 20.10.090 Severability. 20.10.010 Compliance. No building or other structure shall be constructed, improved, altered, enlarge, or moved, nor shall any use or occupancy of premises within the City be commenced or changed; nor shall any condition of or upon real property be caused or maintained, except in conformity with the conditions prescribed within this title. 20.10.020 Minimum requirements. The regulations set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare. 20.10.030 Conflicts. The requirements of this title shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within this code, the most restrictive provision shall prevail unless prescribed otherwise by law. 20.10.040 Administrative authority. The Director has authority to make and issue orders, rules, requirements, permits, interpretations, decisions, or determinations as necessary in the administration and enforcement of the regulations in this title, except where specified otherwise by law. 20.10.050 Interpretations. A. The Director is authorized to make written interpretations of these codes whenever necessary for clarification, or to resolve a conflict within these regulations, so as to provide consistent interpretation and application of this title. However, interpretations shall not be made for the purpose of superseding unambiguous regulations. B. Code interpretations are a Type 1 decision subject to the review procedures set forth in Chapter 20.80 MMC. Attachment A C. Any person may submit a written request for a code interpretation, or the Director may issue a code interpretation at the Director’s own initiative. D A written request shall include the following: 1. Specify the regulation for which a code interpretation is requested, including reference to sections of the code subject to the interpretation; 2. A statement on why an interpretation is necessary; 3. Any reason or any materials that support making an interpretation; and 4. Payment of fees adopted pursuant to the fee schedule in Chapter 20.14 MMC. E. Decision criteria: Code interpretations shall be in writing and made based on an analysis of the following: 1. The defined or common meaning of the words of the regulation; 2. The general purpose of the regulation as expressed in the provision; and 3. The logical or likely meaning of the regulation viewed in relation to the comprehensive plan, if applicable. F. Effect: A written interpretation shall be enforced as if it is part of this title. G. A record of all written interpretations shall be maintained by the City and be available for public inspection during regular business hours. 20.10.060 Compliance with other laws. Nothing in this title shall be construed to excuse compliance with other applicable federal, state, or local laws or regulations. 20.10.070 City liability. Nothing in this title shall be construed to impose any duty upon the City or any of it s officers or employees so as to subject them to liability for damages not otherwise imposed by law to protect individuals from personal injuries or property damage. 20.10.080 Responsibility for compliance. A. Regardless of any review, approval, inspection or other action of the City or its agents, consultants or employees, it is the responsibility of developers, applicants, owners and occupiers of land within the City to ensure that all work, actions or conditions comply with the requirements of this title and all other applicable laws. B. An applicant for a permit or any other approvals from the City is responsible for providing accurate and complete information that complies with the requirements of this title and all applicable laws and regulations. The City is not responsible for the accuracy of information or plans provided by an applicant. 20.10.090 Severability. If any section, subsection, clause or phrase of this title or amendment thereto, or its application to any person or circumstance is held by a court of competent jurisdiction to be invalid, the remainder or application to other persons or circumstances shall not be affected. Attachment A Chapter 20.12 Definitions Sections. 20.12.010 General Provisions. 20.12.020 “A” definitions. 20.12.030 “B” definitions. 20.12.040 “C” definitions. 20.12.050 “D” definitions. 20.12.060 “E” definitions. 20.12.070 “F” definitions. 20.12.080 “G” definitions. 20.12.090 “H” definitions. 20.12.100 “I” definitions. 20.12.130 “L” definitions. 20.12.140 “M” definitions. 20.12.150 “N” definitions. 20.12.160 “O” definitions. 20.12.170 “P” definitions. 20.12.190 “R” definitions. 20.12.200 “S” definitions. 20.12.210 “T” definitions. 20.12.220 “U” definitions. 20.12.230 “V” definitions. 20.12.240 “W” definitions. 20.12.270 “Z” definitions. 20.12.010 General Provisions. A. For the purpose of this title, the terms in this chapter shall have the meaning indicated in this chapter, except where the context clearly indicates a different meaning. B. Words used in the singular shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary. C. Where a term prescribed in this chapter conflicts with a definition of the same term adopted under a specific chapter, the definition adopted under the specific chapter shall control when applied to that specific chapter. D. Terms not defined herein shall take their meaning from definitions in the comprehensive plan, building codes, and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. 20.12.020 “A” definitions. A. “Abandoned” means the knowing relinquishment of right or claim to the subject property or structure on that property. B. “Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. C. “Accessory” means a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. D. “Accessory building” means a detached building, the use of which is incidental or secondary to that of the main building. Attachment A E. “Accessory dwelling unit” means a dwelling unit subordinate to a single-family dwelling unit which is: 1. Located within the single-family dwelling unit; or 2. Located within an accessory building on the lot with a principle single-family dwelling. F. “Adjoining” means property that touches or is directly across a street or private lane from the subject property. G. "Adult family home" means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b). H. “Agriculture” means the use of land for agricultural purposes including any one or more of farming, apiculture, horticulture, and floriculture, and viticulture, but excluding the raising of animals. I. “Alter” or “alteration” means any change, addition or modification in construction or occupancy. J. “Applicant” means a person who applies for any permit or approval to do anything governed by this code and who is the owner of the subject property, the authorized agent of the owner, or the City. K. “Ancillary use” means a use essential for the proper and/or effective function of another use. L. “Ancillary facilities” means the equipment required for operation of wireless communications, including, but not limited to repeaters, radios, cabling, power meters, ventilation, generators, and other related equipment. M. “Antenna” means an electrical conductor or group of electrical conductors that transmit or receive radio waves or microwaves. N. “Antenna, Omni-directional (or whip)” means an antenna that receives and transmits signals in a 360 degree pattern, and which is four inches or less in diameter and 15 feet or less in height. O. “Antenna, Directional (or panel)” means an antenna that receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees. P. “Antenna, Parabolic (or dish)” means a bowl-shaped device that receives and transmits signals in a specific directional pattern. Q. Antenna, Tubular Panel” means an antenna which is 18 inches or less in diameter and less than 8 feet in height, and which is capable of receiving or transmitting signals in a 360 degree pattern. This includes a configuration of multiple panel antennas located within a single shroud that gives the appearance of a single antenna. R. “Arbor, bower, trellis” means light, open, garden-type structures composed of vertical and/or horizontal elements without a room which may or may not attach to a building which is designed, established and installed as a part of the landscape of the property. S. "Auditor, County" means the person defined in Chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. T. “Automobile mechanical repair” means general repair, rebuilding, or recondition of engines, motor vehicles, or trailers including incidental repairs and replacement of parts and motor services. This does not include painting and body work. U. “Automobile service station” means a place where petroleum products are kept for retail sales for automobiles and other motor vehicles and where repairs, washing, servicing, Attachment A greasing, adjusting or equipping of automobiles or other motor vehicles may be performed; and where grease, anti-freeze, tires, spark-plugs and other automobile supplies may also be sold incidentally. For the purpose of this definition, the sale of associated sundry items and the sale of prepared foods for consumption off the premises may be allowed in conjunction therewith provided the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed 160 square feet. 20.12.30 “B” definitions. A. “Bay Window” means a projecting bay from an exterior wall of a structure that contains window glazing over at least 50 percent of any surface of the bay that does not lie perpendicular to the exterior wall. The bay window may be directly supported by a foundation or it may be cantilevered out from an exterior wall. B. “Berm” means a manmade earthen or other type of mound erected to provide a visual interest, visual screening and/or decrease noise. C. "Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. D. "Bond" means a satisfactory security to insure performance and/or warranty. The form of the security shall be determined by the Director. E. “Building” means any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy. F. “Building envelope” means the space defined by the vertical, horizontal and mixed planes of an existing or proposed structure, including that portion of the structure which is at or under the ground. G. “Building Official” means the same as the term that is defined in the Building Codes adopted in Chapter 20.40 MMC. H. “Building site” means a parcel of land or lot under single ownership and control and otherwise qualified as a building site under regulations of the city, which, at the time of filing for a building permit, is designated by its owners or developers as the site to be used, developed or built upon as a unit. I. “Buildable lot” means a tract or parcel of land, legally created, which may be used for the placement of structures separate from other parcels. J. “Bulkhead” means a wall or embankment used for retaining earth. For properties located within the jurisdiction of the Shoreline Management Act see the Medina Shoreline Master Program. 20.12.040 “C” definitions. A. “Carport” means a building or structure or part thereof, which is not wholly enclosed and is used for the parking or storage of passenger vehicles. B. “City” means City of Medina. C. “Closed-record appeal” means an administrative appeal on the record on a project permit application following an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. D. “Clubhouse” means a building used by a club, being an association of persons with a common interest meeting periodically for shared activity. E. “Co-location” means the use of a single support structure and/ or site by more than one telecommunication carrier of wireless communication. F. “Commercial” means the use of land, building or structure relating to the buying and selling of goods and services. Attachment A G. “Compatible” means a building, structure, activity or use that blends with, conforms to, or is harmonious with the surrounding ecological, physical, visual or cultural environment. H. “Comprehensive plan” means the adopted Medina Comprehensive Plan, listing the goals and policies regarding land use within the city. I. “Conditional use, special use” means a use permitted in a particular zone only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified and authorized by law. J. “Contour line” means the interconnection of points having the same height above sea level. K. “Cost of construction (including maintenance and repairs)” means the true value in the open market of all work required to accomplish the proposed construction, as defined by the International Building Code for the purpose of computing building permit fees. The true value shall include reasonable true market values for the materials and labor and include normal contractor profit and overhead and design fees, but exclude Washington State and local sales taxes and permit fees. L. “Cottage” means a detached single-family dwelling unit used as a secondary dwelling on a property. M. “Court of Competent Jurisdiction” means the judicial body empowered to adjudicate the question under consideration. N. “Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls or buildings. O. “Coverage gap” means a geographic area where a telecommunication carrier has a significant gap in service coverage. 20.12.050 “D” definitions. A. "Day" means calendar days. B. “Deck” means a structure attached to a wall of a building designated, established, and/or installed to provide for entrance or exit, outdoor living, cooking, and/or recreation, some sides of which are open and which may or may not have a permanent overhead covering. (See definitions for “porch” and “veranda”.) C. "Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. D. “Development” means a change in the use of any land, building, or structure for any purpose, and shall include the carrying out of any building, engineering construction or other operation in, on, over or under land, or the construction, addition or alteration of any building or structure. E. “Development permits” means all permits and associated approvals administered by the City associated with development. F. “Development regulations” means the controls placed on development or land use activities including but not limited to building codes, zoning, critical areas, shoreline master programs, official controls, and subdivisions, together with any amendments thereto. G. “Director” means the city manager or designee appointed by the city manager to administer this title or parts of this title. H. "Division of land" means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempted by this title that alters or affects the shape, size or legal description of any part of the owner’s land. Attachment A I. “Driveway” means an area of the subject property designed to provide vehicular access to a parking area or structure contained on the subject property. J. “Dwelling” means a building used or intended for residential occupancy. K. “Dwelling Unit” means one or more rooms or structures providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, cooking and sanitation. 20.12.60 “E” definitions. A. “Easement” means a negotiated interest in the land of another which allows for the easement holder specified uses or rights without actual ownership of the land. B. “Eave” means a roof overhang, free of enclosing walls, without supporting columns. C. "Electric utility facilities", as used in Chapter 20.73 MMC, means unstaffed facilities except for the presence of security personnel that are used for or in connection with, or to facilitate the transmission, distribution, sale, or furnishing of, electricity including, but not limited to, electric power substations. D. “Environmental review” means all reviews administered pursuant to Chapter 43.21 RCW and Chapter 18.04 MMC. E. “Equipment housing structure” means the structure used to shelter equipment (i.e.: electronics, cooling and heating devices, emergency generators, etc.) necessary for processing wireless communication signals including, but not limited to, vaults, cabinets and similar assemblies. F. “Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. G. “Excessive vegetation” means the following: 1. Weeds more than eight inches in height; 2. Uncared-for grass more than eight inches in height; and 3. Any vegetation or weed that poses a health hazard, a fire hazard, or that impairs the view of a public road right-of-way or renders use of the road otherwise hazardous. H. “Existing nonresidential building” means an existing building or structure that contains a nonresidential use or supports a nonresidential use. 20.12.070 “F” definitions. A. “Family” means the immediate kindred made up of a person and spouse, their parents, grandparents, children and the spouses thereof, and grandchildren and the spouses and children thereof. B. "Family day care home" means a person regularly providing child care during part of the 24-hour day to ten or fewer children (including those of the provider) in the family abode of the person or persons under whose direct care the children are placed. C. “Fence” means a manmade wall or barrier constructed for the purpose of enclosing space or separating parcels of land. D. “Floor area, gross” means the total floor area measured between the exterior faces of the exterior walls. E. “Footprint” means the entire area of ground surface covered by a structure, including any areas directly beneath a structure that is above the ground surface, measured along the outer most parameter of the structure, including any outer elements such as gutters. Attachment A 20.12.080 “G” definitions. A. “Gazebo” or “pavilion” means a fully or partly roofed or covered freestanding structure fully or partly open at the sides designed, established and installed to provide outdoor living, cooking and/or recreation. B. “Golf course” means an area with at least 9 holes for playing golf, including improved tees, greens, fairways, hazards, and a driving range. Facility may include a clubhouse with related pro-shop, restaurant/food, and alcohol service. C. “Grade, existing; existing grade” means the ground elevation existing on a lot at the time an application for a building or other development permit is filed at the city. D. “Grade, finished; finished grade” means the ground elevation after any lot development is completed. E. “Grade, original; original grade” means the natural ground elevation that existed prior to any lot development or manmade modifications in the first instance. (See MMC 20.23.080.) F. “Greenhouse” means a building wherein the temperature and humidity can be regulated for the cultivation of plants. G. “Guests” means those who occupy upon invitation of the owner or lessee without charge or other consideration for such occupancy. 20.12.090 “H” definitions. A. “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. B. “Hearing body” means the body designated by the city council to preside over an open- record hearing or closed-record appeal. C. "Hearing Examiner" means the person appointed pursuant to MMC 2.78.020 with the powers and duties prescribed in Chapter 2.78 MMC. D. “Height” means a vertical distance measured between two points. E. “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. For the purpose of this chapter, “household staff” includes the spouse and children of such an employee. F. “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. G. “Horticulture” means the occupation of cultivating plants, especially flowers, fruit, and vegetables. 20.12.100 “I” definitions. A. “Impervious surface” means any hard surface area which either prevents or retards the entry of water into the soil mantle as it would otherwise enter under natural conditions preexisting to development, or any hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow as it would otherwise under natural conditions preexisting to development. Examples include impenetrable materials such as asphalt, concrete, brick, stone, wood and rooftops. B. “Impervious surface area” means the total square feet of impervious surfaces located on a lot. Attachment A 20.12.130 “L” definitions. A. “Landscape” means plant materials, topography, and other natural physical elements combined in relation to one another and to man-made structures. B. “Landscaping” means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. C. “Lane, private” means a developed private right-of-way which provides vehicle access to more than one lot abutting thereon. (See Chapter 20.91 MMC.) D. “Lattice tower” means a support structure characterized by an open framework of lateral cross members which stabilize the structure. E. "Lot" means (1) a fractional part of divided lands having fixed boundaries being of sufficient area and dimension to meet the minimum and maximum underlying zoning district requirements for width, area and street frontage; (2) land having fixed boundaries used as a “building site.” The term includes parcels and tracts. F. “Lot area” means the dry land area of a lot, which is further defined as land area exclusive of shorelands, except those which by recession of water or bulkhead have become dry land above the high water level. G. “Lot area, gross” means all areas within the boundaries of a lot. H. “Lot area, net” means the lot area exclusive of the area of any vehicular private lane, vehicular right-of-way, vehicular access easement, or any areas unbuildable due to the presence of critical areas as defined in Chapter 18.12 MMC. I. “Lot, corner” means a lot situated at the intersection of, and abutting upon, the intersection of two or more streets, or the intersection of a street and a private lane, or upon two parts of the same street, provided the interior angle of intersection is not more than 135 degrees. In the case of a curved corner, the tangents at the street extremities of the side lot lines shall be used for forming the angle. J. “Lot, through” means a lot bounded on two opposite sides by streets, provided, however, that if any lot qualifies as being both a corner lot and a through lot, such lot shall be deemed to be a corner lot for the purposes of the zoning code. K. “Lot line adjustment” means a minor movement of a property line between two or more adjoining parcels. Lot line adjustments are used to correct minor trespasses (such as building a shed over a property line) or to add acreage to a parcel for the owner’s convenience. 20.12.140 “M” definitions. A. "Manufactured home" means a single-family dwelling required to be built in accordance with regulations adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). B. “Mechanical equipment” means any machine or system containing moving parts such as motors, valves, relay switches, compressors, fans or similar components, including, but not limited to those used to circulate and/or condition air, water, refrigerant, effluent or products of combustion. C. “MMC” means Medina Municipal Code as adopted pursuant to Chapter 1.01 of the Medina Municipal Code. D. “Monopole” means a single upright pole, engineered to be self -supporting that does not require lateral cross supports and is sunk into the ground and/ or attached to a foundation. Attachment A 20.12.150 “N” definitions. A. “Net lot area” means: See definition of “lot area, net”. B. “Nonconforming lot” means a lot that does not meet the lot area, width, or street frontage requirements of the zone in which it is located, but was lawfully created prior to the effective date of the zone or subsequent amendments thereto. C. “Nonconforming structure” means any structure that does not comply with the required setbacks, height, structural coverage and other development regulations in which it is located, but was lawfully constructed prior to the effective date of the development regulation, or subsequent amendments thereto, and was continually maintained without abandonment as defined in this chapter. This term applies whether or not the nonconformity was permitted by a variance. D. “Nonconforming use” means any activity, development, or condition that by the zone in which it is located is not permitted outright or permitted as an accessory use, or is not permitted by a conditional use permit or other special permitting process, but was lawfully created prior to the effective date of the zone, or subsequent amendments thereto, and was continually maintained without abandonment as defined in this chapter. A nonconforming use may or may not involve structures and may involve part of, or all of, a structure or property. 20.12.160 “O” definitions. A. “Occupancy” means the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. B. “Offsite” means an activity or use that is related to a specific principle use, but is not located on the same site as the principle use. C. “Onsite” means an activity or use that is related to a specific principle use, and is located on the same site as the principle use. D. “Open-record appeal hearing” means an open-record hearing held on an appeal when no pre-decision hearing has been held on the project permit application. E. “Open-record hearing” means a hearing that creates the city’s record through testimony and submission of evidence and information, under procedures prescribed by the city by ordinance or resolution. An open-record hearing held prior to the city’s decision on a project permit application shall be known as a “pre-decision hearing.” F. “Outdoor mechanical equipment” means mechanical systems, including, but not limited to compressors, generators, heating systems, cooling systems, and similar mechanical devices that are located outside of a building. G. “Overlay zone” means a set of zoning requirements that is mapped and is imposed in addition to those of the underlying zoning district. H. “Owner” means one who has legal title to ownership, or an authorized agent of the owner who has written authorization to act on behalf of the owner, or a purchaser under a contract for the sale of real property. 20.12.170 “P” definitions. A. “Parcel” means: see definition of lot. B. “Park, public” means a natural, landscaped, or developed area, which may or may not contain structures, that is provided by a unit of government to meet the active or passive, outdoor or indoor, recreational needs of people. Attachment A C. “Parking area” means any area designed and/or used for parking vehicles and other motorized transportation. D. “Parking space” means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. E. “Parties of record” means: a. The applicant and any appellant; b. The property owner, if different than the applicant; c. The city; d. Any person or public agency who individually submitted written comments to the city prior to the closing of the comment period provided in a legal notice; e. Any person or public agency who individually submitted written comments for or testified at a pre-decision hearing; f. Any person or public agency who submitted to the city a written request to specifically receive the notice of decision or to be included as a party of record prior to the closing of an open-record pre-decision hearing. g. A party of record does not include a person who has only signed a petition. (See MMC 20.80.160.) F. “Patio” means a hard surfaced area of the ground beyond a building designed, established and/or installed to provide for outdoor living, cooking and recreation, some sides of which are open and which may or may not have a permanent overhead covering. G. “Permit fee” means a payment of money imposed upon development as a condition of application for or approval of development to cover the costs of processing applications, inspecting and reviewing plans or other information required to be submitted for purpose of evaluating an application, or inspecting or monitoring development activity. H. “Person” means, as used in this title, any individual, partnership, association, corporation, unit of government or any other legal entity. I. “Personal wireless services” means the same as that phrase is given meaning pursuant to 47 USC §332(c)(7)(C)(i). J. “Personal wireless service facilities” means the same as that phrase is given meaning pursuant to 47 USC §332(c)(7)(C)(ii). K. “Planned Land Use Development (PLUD)” means the provisions for varying zoning requirements adopted by Ordinance No. 213 and repealed by Ordinance No. 435. L. "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications. M. "Plat certificate" means a title report or subdivision guarantee that is prepared by a title company for the property contained in a proposed short subdivision, subdivision or binding site plan, to include, as a minimum, all owners of record, easements and encumbrances affecting said property. N. "Plat, final" means the final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this chapter and Chapter 58.17 RCW. O. "Plat, preliminary" means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision or short subdivision. P. "Plat, short" means the map or representation of a short subdivision. Q. “Porch” means a structure abutting a main wall of a building having a roof, but with walls that are generally open and unenclosed and with direct access to or from a building. An Attachment A uncovered porch is similar to an uncovered deck, but provides main access to or from a building. (See Deck and Veranda.) R. “Premises” means the same as the definition in MMC 8.04.010(D). S. “Profit” means the value difference in what a building or structure is worth as a result of improvements made to the building or structure, and the cost of replacement of the building or structure. For the purpose of this chapter “profit” shall be an estimate. T. “Property line” means the legal boundary of a parcel of land. U. “Property line, front” means, unless otherwise set forth in this title, the property line contiguous with the street right-of-way. V. “Property line, rear” means, unless otherwise set forth in this title, any property line other than the front property line which is parallel to the front property line or within 45 degrees of being parallel to the front property line. W. “Property line, side” means any property line that is not a front or rear property line. X. “Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to building permits, subdivisions, conditional/special uses, shoreline permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan, tree removal permits, and right-of-way permits, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations. Y. “Public meeting” means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the city’s decision. A public meeting does not include an open-record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the city’s project permit application file. Z. “Public safety use” means police, fire and similar emergency services provided by a public entity. 20.12.190 “R” definitions. A. “Reconstruction” means to undertake construction within and/ or on an existing structure which has a valid construction permit with fair-market construction costs greater than 60 percent of the replacement cost of the existing structure being enlarged, extended, repaired, remodeled, or structurally altered. All project phases necessary to result in a habitable building must be included. The calculation for fair market construction costs shall include all costs of construction associated with the structure for a period beginning on the date of permit issuance and ending 18 months after the date the permit is finalized by the City. B. “Recreational facility” means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. C. “Religious facility” means an establishment for the purpose of public worship where the principal building or other structure contains the sanctuary or principal place of worship, and which includes related accessory uses. D. “Replacement cost” means the square footage of the structure multiplied by local building costs per square foot for the type of structure, or a similar method of calculation. E. “Residential use property” means all portions of any property which contain a residence and all portions of any vacant property which is zoned for residential use, including property located in adjoining jurisdictions. F. “Responsible person” means the same as “person responsible for a violation” set forth in MMC 1.15.020(B). G. “Retaining wall” means a structure constructed to hold back or support an earthen bank. Attachment A H. “Right-of-way” means a public or private area that allows for the passage of people or goods. Right-of-way includes passageways such as freeways, streets, bike paths, alleys, and walkways. A public right-of-way is a right-of-way that is dedicated or deeded to the public for public use and under the control of a public agency. I. “Rockery” means a soil retaining or stabilizing structure composed of stacked rock that is not attached together by any bonding agent, such as mortar. 20.12.200 “S” definitions. A. “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. B. “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. C. “Security barrier” means an obstruction, such as fences, walls, vegetation and similar elements that restricts public access. D. “SEPA” means: See definition of “State Environmental Policy Act”. E. “Service area” means the vicinity around a wireless communication facility that effectively receives signals from and transmits signals to the facility. F. “Setback” means the minimum distance from the property line to where a structure may be built. (See 20.22.030.) G. “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. H. “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 public or otherwise attract attention to its subject matter, for advertising or any other purposes. I. “Sign area” means all faces of a sign which include a message, logo or other identification. J. “Sign, permanent; permanent sign” means any sign which is affixed, directly or indirectly to the ground or to any permanent structure or building, including 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. K. “Sign, temporary; temporary sign” means any sign which is not permanently affixed, directly or indirectly, to the ground or any permanent structure or building and which is capable of being moved or transported with ease. L. “Significant gap in service coverage” means a large geographical service area in which a large number of remote user subscribers are unable to connect or maintain a connection to the national telephone network through a telecommunication carrier’s wireless communication network. A “dead spot” (defined as small areas within a service area where the field strength is lower than the minimum level for reliable service) does not constitute a significant gap in services. M. “Single-family dwelling” means a detached dwelling house that is limited in design to the accommodation of one family, its household staff and guests. A single-family dwelling may have accessory recreational buildings in addition to a detached garage which may include a beach and/or playhouse and having no more than one room plus a bathroom and otherwise not designed for habitation. A single-family dwelling may be occupied by the members of one family alone, its guests and household staff; provided, however, that it is not a violation of this title for the renter or owner of any dwelling to provide lodging Attachment A for persons not attached to the renter’s or owner’s family so long as such use is incidental to the use of the dwelling for residence purposes. N. “Spa” means see definition under “Hot Tub”. O. “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. P. "State Environmental Policy Act (SEPA)" means environmental review procedures required under Chapter 43.21C RCW , Chapter 197-11 WAC, and Chapter 18.04 MMC. Q. “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. R. “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. S. “Street frontage” means the property line abutting streets. T. “Structural coverage” means the area of a lot covered by structures. (See MMC 20.23.030.) U. “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. V. "Subdivision" means the division or re-division of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. W. “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. X. "Subdivision, short" means the division or re-division of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Y. “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. 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. Z. “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. AA. “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. BB. “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. Attachment A 20.12.210 “T” definitions. A. “Temporary public facility” means a land use and/or facilities owned, operated, and maintained temporarily by a City government agency, a public or nonprofit school, or religious organization. B. “Terrace” means a level platform or shelf of earth supported on one or more faces by a wall, bank of turf, stable inclined grades, or the like. C. "Title report" means the written analysis of the status of title to real property, including a property description, names of titleholders and how title is held (joint tenancy, etc.), encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real property taxes due. D. "Tract" means an extended area of land reserved exclusively for a special use such as open space, surface water retention, utilities, or access. Tracts reserved for a special use are not considered building sites. E. “Treasure, County” means the person defined in Chapter 36.40 RCW, or the office of the person assigned such duties under the King County Charter. F. “Truck gardening” means the same as “market gardens”, which is the small-scale production of fruits, vegetables and flowers, frequently sold directly to consumers. 20.12.220 “U” definitions. A. “UDC” means Unified Development Code as set forth in Title 20 MMC. B. “Uncovered” means, when used in conjunction with a structure such as decks, stairs, patios, etc., means open above and without cover. C. “Use” means any activity, occupation, business or operation carried out, or intended to be carried on, in a building or other structure or on a parcel of land. D. “Use, accessory” means: See definition of “Accessory”. E. “Use, principle” means the main or primary purpose for which a building, other structure and/ or lot is designed, arranged, or intended, or for which may be used, occupied or maintained under the Medina Municipal Code. F. “Utility support structure” means poles that support street lights, and poles used to supporting electrical, telephone, cable or other similar facilities. These poles are typically constructed of wood, steel, concrete and composite materials. 20.12.230 “V” definitions. A. “Valuation” means the determination of value made by the building official or designee of the total work, including materials, labor, overhead and profits for which a permit is issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. B. “Vegetation” means any organism of the vegetable kingdom, including grasses, herbs, shrubs, and trees. Weeds are excluded from the definition of “vegetation.” C. “Veranda” means an open-roofed platform projecting from the exterior wall of a building. (See definitions for “deck” and “porch”.) D. “View-shed” means the environment that is visible from one or more viewing points. 20.12.240 “W” definitions. A. “Wall framing” as used when applied to nonconformity, means the assemblage of beams and struts that provide a support structure to which interior and exterior wall coverings Attachment A are attached. Wall framing shall not include the horizontal ceiling joists and sloping rafters used for the roof. B. “Weed” means plants considered unwanted, undesirable, or troublesome. C. “Wireless communication facility” means a facility designed and used for the purpose of transmitting, receiving, and relaying voice, video and data signals from various wireless communication devices. This may include any combination of antennas, ancillary facilities, equipment housing structures, support structures, and security barriers. 20.12.270 “Z” definitions. A. “Zero-elevation surface” means a vertical reference point such as sea level to which heights of various points are referred in order that those heights are in a consistent system. B. “Zone; zoning” means an area delineated on the “Official Zoning Map” which in accordance with the provisions of this ordinance, certain uses of lands, buildings and structures are permitted and prohibited, and which certain requirements are established for uses, buildings and structures. (See Chapter 20.20 MMC.) Attachment A Chapter 20.14 Development Permit Fees Sections: 20.14.010 Purpose. 20.14.020 Applicability. 20.14.030 General provisions. 20.14.040 Fee schedule. 20.14.050 Building and structure valuation. 20.14.060 Consultant Costs. 20.14.070 Advanced deposit for consultant services. 20.14.080 Disputes. 20.14.010 Purpose. The purpose of this chapter is to prescribe reasonable fees and fee collection to cover the cost of services associated with the processing of development applications, inspecting, and reviewing plans, and conducting environmental review. 20.14.020 Applicability. Development permit fees shall compensate the City for building, engineering and land use services associated with the processing, review and inspection of: A. Residential and commercial building permit applications; B. Grading and drainage permit applications; C. Right-of-way permits; D. Tree removal permits; E. Shoreline permit applications and exemptions; F. State Environmental Policy Act (SEPA) compliance; G. Critical areas review; H. Preliminary and final subdivisions and short subdivisions; I. Lot line adjustments; J. Variances and minor deviations, conditional and special use permits, zone reclassifications, temporary use permits; K. Site plan review; L. Code of conduct and tailored construction mitigation plans; M. Amendments to the comprehensive plan or shoreline master program; N. Code amendments and amendments to the Official Zoning Map; O. Other project-permits listed in the tables set forth in MMC 20.80.060; and P. Other permits or approvals that reference this chapter. 20.14.030 General provisions. A. The Director may establish administrative rules to implement the provisions of this chapter. B. Fees are due and payable at the time of application for services or the due date stated on the City’s invoice. C. A late penalty payment equal to one percent of the delinquent unpaid balance, compounded monthly, may be assessed on any delinquent unpaid balance. D. Unless otherwise required by law, development permit and environmental review fees shall be assessed at the fee rate in effect at the time the fee is collected. Attachment A E. Administrative fees are not refundable. Other service fees are refundable in proportion to the amount of work performed as of the date an application is withdrawn by an applicant. F. Whenever a planning, building or engineering plan review or inspection results in more than one correction notice, second and subsequent corrections shall be charged a fee for additional services at an hourly rates established by the fee schedule. G. Waivers from development fees may be granted to qualifying applicants pursuant to Chapter 3.60 MMC. 20.14.040 Fee schedule. A. Development permit fees shall be set in a manner to reasonably cover as close as possible the actual cost of providing the services prescribed in MMC 20.14.020. This shall include consultant costs. B. The Director has authority to establish a fee schedule and to increase or decrease fees consistent with the provisions of this chapter to compensate the City for services related to development and conducting environmental review. C. The fee schedule and any modifications thereto shall be submitted to the City Council for consideration. The City Council shall review the fee schedule and may approve, reject or modify the proposed fee schedule or any modifications thereto. 20.14.050 Building and structure valuation. Fees for the review of buildings and structures, including additions and modifications, shall be calculated using the fee rate table adopted in the fee schedule pursuant to MMC 20.14.040 and the following methods of determining permit valuation: A. Valuation for new construction and/ or additions for Group R, Division 3 Occupancy (Residential one- and two-family) shall be based on Table 20.14.050, except as provided in MMC 20.14.050(B): Table 20.14.050 Valuation Table Range for Value per Square Foot Middle Lower Main Floor Area $336 $250 Upper Floor Area $336 $250 Lower Floor Area $336 $250 Storage/ Unconditioned Garage Area $125 $105 Unfinished Space $323 $227 Finished Basement Area $359 $283 Porch Area – Uncovered $76 $71 Porch Area– Covered $160 $145 Decking Area – Uncovered $35 $25 Decking Area – Covered $100 $75 1. The applicable value shall be applied based on the type of construction and work being performed. 2. The building official must approve which value in the table to apply in calculating valuation. Attachment A B. When a permit for Group R, Division 3 Occupancy (Residential one- and two-family) new construction or addition has a valuation greater than $2.5 million, it shall have the valuation determined pursuant to MMC 20.14.050(C). C. For those items not covered by the valuation table in MMC 20.14.050, including all areas of remodel, the valuation shall be determined by the applicant providing an estimate value at the time of application. All fair-market value for labor and materials, equipment; architectural and engineering design work, contractor management expenses, agent administration expenses, profit, and overhead necessary to complete the project shall be included in the estimate. Sales tax and permit fees shall not be included. D. Final valuation shall be set by the building official consistent with the provisions of this chapter. If, in the opinion of the building official, the valuation provided by the applicant is underestimated on the application, or if subsequently the application is changed in a manner that significantly affects valuation, the building official may require a detailed estimate, or may require a new valuation estimate that must be approved by the building official. E. Permit fees based on valuation shall use final valuation for assessing fees to be paid. 20.14.060 Consultant Costs. In addition to City staff, the City utilizes the services of consultants in the processing of development applications, inspecting, and reviewing plans, and conducting environmental review. A. When referred to in the fee schedule, consulting costs shall include all costs incurred by the City for services for consultants retained by the City in relation to permits. B. Costs shall include the hourly cost to the City for the consultants’ services plus any administrative costs and incidental costs associated with the consultant’s services. C. Consultant costs may also include those costs incurred when an applicant requests a pre-development meeting, or when requesting assistance in clarifying the status or permitted use of property or easement. D. The general provisions set forth in MMC 20.14.030 for development fees shall apply to consultant costs where applicable. 20.14.070 Advanced deposit for consultant services. A. The City may require an applicant to pay in advance a deposit for consultant services. B. The City shall, within a reasonable time, provide to the applicant the fee estimate for consultant services upon which the deposit will be based. C. The deposit shall not exceed 100 percent of the total actual or estimated cost of the review and inspection of a permit application. D. The City may withdraw funds from the deposit to compensate for the cost of consultant services as those consultant costs are incurred by the City. E. The City may require the applicant to provide additional payments to the deposit whenever the cost to complete review and inspection on a permit is anticipated to exceed the available funds in the deposit. The provision set forth in MMC 20.14.070(C) shall apply to subsequent payments. F. The City may refuse to issue or continue processing any permit, or perform any inspection, if a requested deposit payment remains unpaid. G. The City shall not be obligated to pay interest on deposits. Any unspent funds remaining after all permits and approval on a project are final shall be refunded to the applicant. Attachment A 20.14.080 Disputes. A. An applicant disputing a fee estimate or the payment of fees shall first attempt to resolve the matter with the Director. The applicant shall submit the dispute in writing and the Director shall issue a decision on the dispute in writing. B. If the applicant is aggrieved by the Director’s decision, they may appeal the decision to the hearing examiner pursuant to MMC 20.80.220. C. The burden is on the applicant to demonstrate that the fee estimate or estimate revision is unreasonable. The hearing examiner shall affirm the Director’s decision unless the examiner determines that the decision was unreasonable. D. If the hearing examiner determines the fee estimate or payment of certain fees was unreasonable, the hearing examiner may modify the fee estimate, or provide other relief as reasonably necessary. The hearing examiner’s decision is final. E. If the hearing examiner determines that the applicant is the substantial prevailing party, the City shall refund the appeal fee. F. An appeal of fee under this chapter shall be limited only to the City’s application of permit fees to the applicant’s permit and approval. An applicant may not challenge in an appeal under this chapter the permit fees as adopted in the fee schedule, or any other code requirements. Attachment A Chapter 20.16 Enforcement Sections: 20.16.010 Scope of unlawful activity. 20.16.020 Violations and enforcement. 20.16.030 Prohibition of further permits or approvals. 20.16.010 Scope of unlawful activity. A. This title shall be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons. B. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use of land, or any portion, in violation of the provisions of this title. The violation shall exist until the unlawful act and/or unlawful use has been remedied or abated. 20.16.020 Violations and enforcement. It is the duty of the Director to enforce the provisions of this title, except where specified otherwise by law. A. Violation of any provision of this title shall constitute a civil or criminal violation subject to the enforcement provisions set forth in Chapter 1.15 MMC for which a monetary penalty may be assessed and abatement may be required B. In addition to the procedures prescribed in Chapter 1.15 MMC, enforcement actions may include one or more of the following: 1. Withhold or revoke land use and shoreline permits or approvals; 2. Withhold or revoke building permits for construction or alteration of a structure, 3. Withhold or revoke other approvals set forth in this title; and/ or 4. Abatement action pursuant to Chapter 8.04 MMC. 20.16.030 Prohibition of further permits or approvals. A. The City shall not accept, process, or approve any application for a permit or approval, or issue a certificate of occupancy for property on which a violation of this title has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. B. This prohibition on further permits or approvals does not apply to those permits or approvals that involve curing the violation. Attachment A Subtitle 20.2 Land Use Chapter 20.20 Establishment of Zoning Sections: 20.20.010 Comprehensive plan and zoning. 20.20.020 Adoption of Official Zoning Map. 20.20.030 Zoning map Interpretations. 20.20.010 Comprehensive plan and zoning. A. The comprehensive plan establishes a community vision for a high-quality single-family residential setting and the coordinating goals and policies that support this vision. Development regulations implement the comprehensive plan by specifying how and for what purpose each parcel of land may be used. B. Table 20.20.010 prescribes the relationship between the comprehensive plan and zoning designations by identifying the comprehensive plan land use designation and the corresponding implementing zoning designations. Table 20.20.010: Comprehensive Plan and Zoning Comprehensive Plan Land Use Designation Implementing Zone Designations Single Family Residential Single-family Residence – R16 Single-family Residence – R20 Single-family Residence – R30 Suburban Gardening Residential SR30 Local Business Single-family Residence – R16 Suburban Gardening Residential SR30 Neighborhood Auto Servicing Public Facility Single-family Residence – R16 Parks and Public Places School/ Institution Parks and Public Places Utility All Park All Open Space All 20.20.020 Adoption of Official Zoning Map. A. The land use and circulation map, amended as of March 9, 1992, and adopted by Ordinance 555, including amendments thereto, shall serve as the City of Medina Official Zoning Map. Said map and all notations, references, data and other information shown on the Official Zoning Map are adopted and made part of the UDC. B. The City is divided into the following zoning districts, which are shown on the Official Zoning Map: 1. Single-family Residence R16 (R-16); 2. Single-family Residence R20 (R-20); 3. Single-family Residence R30 (R-30); Attachment A 4. Suburban Gardening Residential SR30 (SR-30); 5. Neighborhood Auto Servicing (N-A); and 6. Park and Public Places (Public). C. The following special zoning map overlays are established and shown on the Official Zoning Map: 1. Neighborhood Character Preservation District – Medina Heights (Medina Heights) as adopted by Section 1 and Section 2 of Ordinance No. 624; and 2. Planned Land Use Development (PLUD). D. In addition to the zoning districts and special zoning map overlays, a Primary State Highway designation shall apply to the SR 520 right-of-way and shown on the Official Zoning Map. 20.20.030 Zoning map Interpretations. The Director shall use the following criteria to interpret the official zoning map: A. Where a zone boundary is indicated as approximately following a property line, the property line is the zone boundary; B. Where a zone boundary is indicated as following a street or other right-of-way, the centerline of the street or right-of-way is the zone boundary; C. Where a zone abuts or extends into a lake, the zone boundary extends into that body of water to the full limit and territorial extent of the jurisdiction and control of the City; and D. Where a zone boundary is not indicated to follow a property line, street, or other right -of- way, the boundary line is as drawn, based on the scale shown on the Official Zoning Map. Attachment A Chapter 20.21 Use and Occupancy Development Regulations Sections: 20.21.010 Purpose. 20.21.020 Permitted uses, prohibited uses. 20.21.030 Use table. 20.21.040 Accessory uses. 20.21.050 Similar uses. 20.21.010 Purpose. This chapter establishes the use and occupancy of premises that are permitted in each zoning district. 20.21.020 Permitted uses, prohibited uses. Uses listed in Table 20.21.030 are subject to the following: A. Uses listed with a “P” are permitted outright, subject to applicable development regulations; B. Uses listed with an “L” are limited uses and are permitted subject to the applicable regulations in Chapter 20.31 MMC and other applicable development regulations; C. Uses listed with an “A” are administrative uses and are permitted subject to an Administrative Special Use Permit or Administrative Conditional Use Permit and applicable development regulations; D. Uses listed with a “SU” are special uses and are permitted subject to a Non- administrative Special Use Permit and applicable development regulations; E. Uses listed with a “CU” are conditional uses and are permitted subject to a Non- administrative Conditional Use Permit and applicable development regulations; F. Uses listed with an “H” are historical uses and are permitted subject to a Historical Use Permit and applicable development regulations; G. Uses listed in the table, but are shown as blank in the column under a specific zone, are prohibited in that zone; H. Uses not listed in the table are prohibited, except as may be allowed by MMC 20.21.040 or MMC 20.21.050; I. Review procedures for deciding project permit applications are found in Chapters 20.70 through 20.72 MMC. 20.21.030 Use table. Table 20.21.030 establishes those uses which are permitted, those uses subject to specific development standards, and those uses requiring special approval and that are prohibited within each zoning district. Attachment A Table 20.21.030: Land Use Table Uses R-16 Z o n e R-20 Z o n e R-30 Z o n e SR -30 Z o n e NA Z o n e Pu b l i c Z o n e Residential Uses Accessory Dwelling Units P P P P P P Accessory Recreational Facilities A A A A A A Accessory Recreational Facilities – Minor L L L L L L Accessory Uses – On-site P P P P P P Accessory Uses – Off-site L L L L L L Adult Family Home L L L L L L Detached, Single-family Dwelling P P P P P P Family Day Care Home L L L L L L Manufactured Home L L L L L L Non-residential Uses Automobile Service Station L Automobile Mechanical Repair L Commercial Horticulture/ Truck Gardening/ Agriculture, excluding the raising of animals L Clubhouse Public/ Private SU SU Golf Course SU Historical Use H H Home Business L L L L P P Public & Institutional Uses City Government Facilities CU Post Office SU Public Safety CU Public Park P P P P P P Electrical Power & Utility Substation SU SU SU SU SU SU Accessory recreational facilities – public P P P P P P Religious Facility SU SU SU SU SU SU School public/ private (preschool to grade 12) SU Temporary City Government Facilities L L L L P P Wireless Communication Facilities SU SU SU SU SU Shoreline Uses See Chapter 20.62 MMC for a list of uses within the shoreline jurisdiction *See MMC 20.21.020 for explanation of “P”, “L”, “A”, “SU”, “CU”, and “H”. Attachment A 20.21.040 Accessory uses. A. Accessory uses listed in Table 20.21.030 and elsewhere in the UDC are allowed consistent with MMC 20.21.020 and Table 20.21.030. B. Accessory uses not listed in Table 20.21.030 or elsewhere in the UDC may be allowed provided the Director determines the accessory use is a customary and incidental use to the principal use. C. Except where expressly provided for otherwise in Table 20.21.030, accessory uses shall be permitted the same as the principal use. The Director may waive this for an accessory use established after the time the principle use is established involving a “SU”, “CU” or “H” from the table if: 1. The principal use complies with the permit requirement in Table 20.21.030; 2. The accessory use is within the scope and intent of the original permit as determined by the Director; and 3. The addition of the accessory use will not result in the use of the land as a whole to have a detrimental effect on neighboring properties and streets due to noise, lighting, off-site traffic generation, and similar negative impacts. D. There is no limit on the number of accessory uses that may be associated with a principal use, subject to other limitations in the Medina Municipal Code. E. Except where expressly allowed off-site in MMC 20.34.030, accessory uses shall be located on the same lot as the principal use. 20.21.050 Similar uses. A. Whenever a proposed use is not listed in Table 20.21.030, it may be allowed if the Director determines the proposed use is a similar use to that of a use listed in Table 20.21.030 for that particular zone. B. A request for a determination of similar use shall be submitted to the City in writing. The determination of similar use shall be processed as a Type 1 decision pursuant to the review procedures in Chapter 20.80 MMC. C. The Director shall consider the scale, visual impacts, traffic generation, relationship to surrounding uses, and other factors which influence and/ or define the nature of the use in making a determination. D. If the Director determines the proposed use is similar to a use in Table 20.21.030, the proposed use shall be allowed subject to the same requirements as the use in Table 20.21.030 it is found to be similar too. Attachment A Chapter 20.22 Lot Development Standards Sections: 20.22.010 Purpose. 20.22.020 Lot development standards. 20.22.030 Building and structure setbacks. 20.22.040 Protrusions into setback areas. 20.22.050 Corner lot optional setback. 20.22.060 Property lines defined as rear and side. 20.22.010 Purpose. This chapter establishes development standards applicable to lots and setbacks. 20.22.020 Lot development standards. A. The pertinent requirements for minimum net lot area, minimum lot width, and minimum street frontage applicable to each lot is determined by the zoning district in which the lot is located and the corresponding standards in Table 20.22.020. Table 20.22.020: Lot Development Standards Zoning District Minimum Net Lot Area Minimum Lot Width Minimum Street Frontage R-16 16,000 sq. ft. 70 ft. 70 ft. R-20 20,000 sq. ft. 70 ft. 70 ft. R-30 30,000 sq. ft. 90 ft. 90 ft. SR-30 30,000 sq. ft. 90 ft. 90 ft. N-A 16,500 sq. ft. 135 ft. 135 ft. Public None None None B. The lot width is determined by calculating the average horizontal distance between the side lot lines where the building envelope is located. If a lot has an irregular shape (i.e.: less than two side property lines) or is a corner lot, lot width is determined by calculating the average horizontal distance between the longer dimensional lot lines where the building envelope is located. C. The street frontage is determined by measuring the distance of the property line adjoining a street subject to the following conditions: 1. Where a lot lies outside the curve of a street or private lane in such a manner as to have a property line curved inward such as a cul-de-sac, the street frontage is determined by calculating the average width of the lot measured parallel to the chord of the arc of such frontage over the depth of such lot or the first 150 feet thereof, whichever is less. (See Figure 20.22.020.) Attachment A Figure 20.22.020 Curved Street Frontage 2. Where a lot has a property line adjoining more than one street, the street frontage is determined using the property line adjoining the greater street length; and 3. The requirements for street frontage shall not apply to flag lots, or lots located at the terminal end of a street or private lane provided emergency vehicle access and turnaround requirements are met. 4. The requirements for street frontage for lots fronting on a private lane are prescribed in Chapter 20.91 MMC. D. In the R-20 and R-30 zones, where a single lot contains high bank steep slopes and has more than the minimum net lot area required in Table 20.22.020(A), the lot may be divided to create two lots with one or both lots having less than the required minimum net lot area provided: 1. Lots adjoining the single lot being divided are owned and/ or controlled by a person or entity different then the owner of the subject single lot being divided; 2. No more than two lots result from the division; 3. Each lot has at least the greater between 85 percent of the minimum net lot area required by the zoning district in which the lot is located, or 16,000 square feet; 4. There is a difference in elevation of at least 25 feet between the average elevations of the area within the building envelope of each lot; 5. Restrictive covenants are recorded on each lot that state: a. No structure or building on (insert legal description of the lot with the higher average elevation here) shall be placed in a manner where the elevation of the lowest point of the foundation above the ground surface is less than the elevation of the highest point of an existing or future structure or building on the lot with the lower average elevation; and b. No structure or building on (insert legal description of the lot with the lower average elevation here) shall be placed in a manner where the elevation of the highest point of an existing or permitted future structure exceeds the elevation of the lowest point of the foundation above the ground surface on the building or structure on the lot with the higher average elevation; and 6. A non-administrative variance is approved pursuant to MMC 20.72.030, except the conditions set forth in MMC 20.22.020(D)(1) through (5) shall be used in deciding the variance. Cul-de-sac Cord Average Width Up to 150 feet Width Measurements Width Measurements Property Line Property Line Attachment A 20.22.030 Building and structure setbacks. A. Table 20.22.030 establishes the minimum distance required for any part of any building or structure to be setback from the pertinent property line. The minimum setback requirements are applied to each lot by the square footage of the lot area and the corresponding setback standards in the table. (See definition of “lot area” and the definitions of “property lines” in Chapter 20.12 MMC and Figures 20.22.030(B) and (C) for establishing and delineating setbacks.) Table 20.22.030: Minimum Building/ Structure Setbacks Square Footage of the Lot Area Minimum setback from the: Front Property Line Rear Property Line Side Property Line Lake Washington Shoreline Less than 10,001 25 feet 25 feet 10 feet See MMC 20.63.030 From 10,001 to 13,000 26 feet 26 feet From 13,001 to 15,000 28 feet 28 feet From 15,001 to 20,000 30 feet 30 feet Greater than 20,000 30 feet 30 feet The greater of 10 feet or 15% of the lot width; not to exceed 20 feet B. Setbacks are measured as the distance between the property line and the closest point of any part of the building or structure to the property line, including but not limited to architectural elements, roof eaves, gutters and mechanical equipment. (See Figure 20.22.030(A).) C. To determine compliance with the setback standards in Table 20.22.030, the setback is measured along a horizontal plane consistent with MMC 20.22.030(B). D. Where a lot adjoins a private lane and has less than 30 feet of public street frontage, the front, rear and side property lines shall be determined as follows, except as provided in MMC 20.22.030(E): 1. The side property lines shall generally correspond to the long dimension of the lot; 2. The front and rear property lines shall generally correspond to the shorter dimensions of the lot; 3. If the dimensions of the lot form a square, the applicant may elect to designate the front property line with the rear and side property lines designated consistent with the definitions in Chapter 20.12 MMC. E. Where a lot adjoining a private lane has a condition where the orientation of the dwelling on the lot, or the orientation of dwellings on adjacent properties, logically suggests setbacks that do not correspond to the longer and shorter dimensions of the lot, the setbacks shall be established using the logical orientation rather than the dimensions of the lot. F. In addition to the setbacks prescribed by this section, if a lot adjoins a private lane, a setback from the private lane easement is required pursuant to MMC 20.91.050. Attachment A Figure 20.22.030(A): Measuring Setbacks Minimum Setback Distance Building Outer Edge of Roof/ Gutter Property Line Property Line Horizontal Plane Ground Closest Point Attachment A Figure 20.22.030(B): Setback Property Line Designations (See “Property Line” definitions in Chapter 20.12 MMC) Figure 20.22.030(C): Setbacks at Step Shaped Property Line Intersections St r e e t Pr i v a t e L a n e Side Fr o n t Side Side Re a r Side Rear Fr o n t Fr o n t Side/ Rear Fr o n t Front Side/ Rear Si d e / R e a r Side/ Rear Si d e / R e a r Front Fr o n t Side Side Side Side Fr o n t Re a r Re a r Fr o n t Fr o n t Re a r Side Side Fr o n t Side Side Re a r Rear Si d e Si d e Front Fr o n t / L a n e Si d e / R e a r Fr o n t Front Fr o n t Street Front Rear Si d e Si d e X feet Y feet Radius = Y feet Si d e Property Line Property Line Front Side/ Rear Street ≥ 45° < 45° St r e e t Front Attachment A 20.22.040 Protrusions into setback areas. The following structures may be located within a setback area, excluding setbacks from Lake Washington, which are subject to MMC 20.63.030: 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 18.12.390(F) applies; B. Walkways, st airs 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. 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; D. Fences and walls which comply with the requirements set forth in MMC 20.30.010; E. 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; F. Ramps and similar structures installed to a single-family dwelling to provide access for elderly and/ or disabled persons; G. 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; H. 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. I. 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. J. Small accessory structures and outdoor mechanical equipment provided: 1. The protrusion is limited to the setback area from a rear property line; 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. A sight-obscuring landscaped strip is planted that screens the structure or mechanical equipment from adjoining properties within two years; and 5. A minimum 15-foot setback from the rear property line is maintained. K. 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. L. Swimming pools, spas and hot tubs as provided for in MMC 20.34.060(F). Attachment A 20.22.050 Corner lot optional setback. On a corner lot, in lieu of the setback for a front property line set forth in Table 20.22.030, a property owner may elect to apply a minimum 20-foot setback from one of the front property lines and a minimum 30-foot setback from other front property lines, provided, however, that: A. This option is not available for: 1. Lots with SR-30 zoning for which special requirements are elaborated; 2. Lots adjoining Evergreen Point Road between the SR 520 highway and Overlake Drive West; 3. Lots adjoining Overlake Drive East and West between Evergreen Point Road and the Medina-Bellevue city limits; and B. The other setback requirements in Table 20.22.030 shall continue to apply. 20.22.060 Property lines defined as rear and side. Where a property line can be defined both as a rear and a side property line, the property owner may elect which definition to apply for purposes of setback requirements, provided election of the side or rear property line does not create a new nonconformity or increase an existing nonconformity. Attachment A Chapter 20.23 Bulk Development Standards Sections: 20.23.010 Purpose. 20.23.020 Structural coverage and impervious surface standards. 20.23.030 Calculating structural coverage. 20.23.040 R-20, R-30 and SR-30 structural coverage bonus. 20.23.050 Maximum building and structure height standards. 20.23.060 Measuring building and structure height. 20.23.070 Building and structure height exceptions. 20.23.080 Determining original grade. 20.23.010 Purpose. This chapter establishes the development standards applicable to the mass of buildings and structures including height, structural coverage and impervious surface. 20.23.020 Structural coverage and impervious surface standards. A. Table 20.23.020(A) establishes the total structural coverage and total impervious surface allowed on a lot within the R-16 zone: Table 20.23.020(A) R-16 Zone Total Structural Coverage and Impervious Surface Standards Square footage of the lot Area Maximum Structural Coverage Maximum Impervious Surface 10,000 or less 30 percent 55 percent 10,001 to 10,500 29.58 percent 55 percent 10,501 to 11,000 29.17 percent 55 percent 11,001 to 11,500 28.75 percent 55 percent 11,501 to 12,000 28.33 percent 55 percent 12,001 to 12,500 27.92 percent 55 percent 12,501 to 13,000 27.5 percent 55 percent 13,001 to 13,500 27.08 percent 55 percent 13,501 to 14,000 26.67 percent 55 percent 14,001 to 14,500 26.25 percent 55 percent 14,501 to 15,000 25.83 percent 55 percent 15,001 to 15,500 25.42 percent 55 percent 15,501 to 15,999 25.21 percent 55 percent 16,000 or greater 25 percent 55 percent B. Table 20.23.020(B) establishes the total structural coverage and the total impervious surface allowed on a lot within the R-20, R-30 and SR-30 zones: Attachment A Table 20.23.020(B) R-20, R-30 and SR-30 Zones Total Structural Coverage and Impervious Surface Standards Square Footage of the Lot Area Maximum Structural Coverage Maximum Impervious Surface R-20 Zone R-30/ SR-30 Zones 16,000 or less 25 percent 52.5 percent 50 percent 16,001 to 16,500 24.5 percent 52.5 percent 50 percent 16,501 to 17,000 24 percent 52.5 percent 50 percent 17,001 to 17,500 23.5 percent 52.5 percent 50 percent 17,501 to 18,000 23 percent 52.5 percent 50 percent 18,001 to 18,500 22.5 percent 52.5 percent 50 percent 18,501 to 19,000 22 percent 52.5 percent 50 percent 19,001 to 19,500 21.5 percent 52.5 percent 50 percent 19,501 or greater 21 percent 52.5 percent 50 percent C. The total maximum structural coverage and impervious surface area allowed on a lot within the Parks and Public Places and the Neighborhood Auto zones shall be pursuant to the special use provisions specified for uses within those zones. However, where structural coverage or impervious surface maximums are not specified under the special use provisions, the structural coverage and impervious surface area maximum for the R- 20 zone in Table 20.23.020(A) shall apply as applicable. D. The maximum structural coverage and maximum impervious surface area allowed on a lot is determined by multiplying the square footage of the lot area by the corresponding structural coverage and impervious surface area maximum percentages specified in Tables 20.23.020(A) and (B) for the zone in which the lot is located. (e.g., a 16,000 square foot lot zoned R-16 may have a maximum of 4,000 square feet (16,000 X 0.25 = 4,000) structural coverage and 8,800 square feet (16,000 X 0.55 = 8,800) impervious surface area per Table 20.23.020(A)). 20.23.030 Calculating Structural Coverage. A. Structural coverage is the total surface area of a lot covered by or beneath buildings and structures including but not limited to buildings, roof eaves, patios, decks, sports courts, swimming pools and spas, gazebos, gateways, and trellises. B. The maximum structural coverage and maximum impervious surface area allowed on a lot is determined by multiplying the square footage of the lot area by the applicable percentages specified in Tables in MMC 20.23.020(A) and (B) for the zone in which the lot is located. C. When calculating the structural coverage on a lot, the following are excluded from the structural coverage limits: 1. Any pervious surface areas beneath roof eaves such as areas with living vegetation, but not including areas with pervious surfaces containing gravel, rocks or other similar hardscape materials wherever such materials cover more than 25 percent of the area directly below the roof eaves; 2. Areas beneath the roof eaves containing water features; 3. Areas beneath the roof eaves containing driveway surface that provides access to a non-pedestrian garage door entrance provided: a. The roof eave does not project more than two feet from the exterior wall of the building; and Attachment A b. The driveway surface area not counted as structural coverage does not extend more than two feet in each direction horizontally from the outer edges of the garage door; 4. Uncovered structures, including, but not limited to, decks, patios, stairs and walkways where the height of the uncovered structure does not exceed 30 inches above the existing or finished grade, whichever is lower; 5. Structures located waterward of the ordinary high water mark as defined in RCW 90.58.030 and the Medina Shoreline Master Program; 6. Fences and walls where the greatest width dimension of the fence or wall, including any features that are part of the wall or fence, does not exceed one foot (12 inches); 7. Retaining walls where the greatest width dimension of the structure, excluding underground foundation footings, does not exceed one foot (12 inches); 8. Garden-type structures, such as gazebos, arbors, bowers, pergolas, trellises and similar structures, provided the aggregate footprint of all such garden-type structures do not exceed one percent of the lot area; and 9. Structures placed entirely underneath the existing grade of the earth surface of the lot provided: a. No part of the underground structure protrudes above the ground surface of the finished grade, except: i. Decks, patios, and walkways that are over the underground structure and for which the height of such structures does not exceed 30 inches above the existing or finished grade, whichever is lower; and ii. Openings in the ground surface that are necessary to provide ingress and egress to the underground structure and where such openings are the minimum necessary to provide ingress and egress; b. Provisions for impervious surface area continue to apply. 20.23.040 R-20, R-30 and SR-30 structural coverage bonus. Lots located within the R-20, R-30 and SR-30 zones are allowed an additional two percent structural coverage for uncovered decks, porches and verandas provided: A. Roof eaves do not project more than two feet over the structure measured outward from the exterior wall of the building; and B. If decks, porches or verandas extend outward from above the first story of a building or from the floor above the day-lighted parts of a basement, the space underneath the structure must remain unenclosed and without hardscape. 20.23.050 Maximum building and structure height standards. A. Application of maximum height standards. 1. Table 20.23.050(A) establishes the maximum height standards for buildings and structures within each zone. 2. Areas not identified in Table 20.23.050(A) are subject to the height standards specified for the R-20/ R-30 zone. 3. Where Table 20.23.050(A) specifies eligibility for a height bonus, a property owner may elect to apply the height standards in MMC 20.23.050(C) in lieu of the height standards in Table 20.23.050(A) provided that: a. The total structural coverage on the lot does not exceed 13 percent, excluding the structural coverage bonus set forth in MMC 20.23.040; or b. If the lot area is 16,000 square feet or less, the total structural coverage on the lot does not exceed 17 ½ percent, excluding the structural coverage bonus set forth in MMC 20.23.040. Attachment A Table 20.23.050(A): Maximum Height Standards Measurement Points Zoning / Height Overlay Maximum Height R-16 R-20/ R-30 SR-30 N-A Public Medina Heights Original Grade High Point 25 feet N/A* N/A* None None N/A* Low Point 25 feet 25 feet 20 feet Finished Grade High Point 28 feet N/A* N/A* 30 feet 35 feet N/A* Low Point 28 feet 28 feet 23 feet Eligible for Height Bonus No Yes Yes No No No *Not applicable. B. Maximum height is determined by the zone or height overlay where the building or structures is located and the corresponding unit of height specified for original and finished grade prescribed in the tables. C. A property owner electing to apply the height bonus allowed pursuant to MMC 20.23.050(A)(3) shall apply the height limits specified in Table 20.23.050(C). Table 20.23.050(C): Bonus Height Standard Measurement Points Maximum Height Original Grade High Point 30 feet Low Point 36 feet Finished Grade High Point 30 feet Low Point 36 feet D. The methods for measuring the height of buildings and structures are set forth in MMC 20.23.060. E. Exemptions from maximum height requirements are set forth in MMC 20.23.070. 20.23.060 Measuring building and structure height. This section establishes methods required for applying height standards and is applied in conjunction with the height standards prescribed in MMC 20.23.050. A. Where multiple buildings and structures are located on the same lot, and are detached from each other, the height of each building or structure shall be measured independently from the others, except: 1. Excluding trellises, arbors and similar open structures, if the distance between any buildings and/ or structures are less than six feet, the buildings and structures that are less than six feet apart shall be considered attached for purposes of measuring height; 2. If buildings are connected by a breezeway or similar types of structures, the buildings shall be considered attached for purposes of measuring height. B. In the R-16 zone, height shall be measured as shown in Figure 20.23.060(B) and as set forth in the following procedures: 1. The original grade shall be established as set forth in MMC 20.23.080; 2. The base for measuring height shall be established as follows: a. Base elevations shall be taken at four points where the outside of the exterior walls/ sides of the building or structure intersect the following: i. The lowest point of the original grade; ii. The highest point of the original grade; iii. The lowest point of finished grade; and Attachment A iv. The highest point of finished grade; b. The lower grade between original and finished grade shall be used for measuring height, which is determined as follows: i. Starting at the two highest original and finished grade elevations determined under MMC 20.23.060(B)(2)(a)(ii) and (iv), a vertical line shall be extended by the applicable maximum height prescribed in Table 20.23.050(A); ii. The grade (original or finished) whose vertical line has the lower upper elevation (measured from a zero-elevation surface) shall be designated the “lower grade” to be used for measuring height; 3. Maximum height shall be measured by extending a vertical line from the lowest and highest base elevations established in MMC 20.23.060(B)(2)(a) of the lower grade by the distance of the applicable maximum height prescribed in Table 20.23.050(A); 4. Maximum height shall be a plane essentially parallel to the lower grade drawn by a line intersecting the upper elevation of the two vertical lines extending from the lower grade; 5. An additional height limitation shall apply to buildings and structures on sloping grades established as follows: a. A vertical line shall be extended a distance of 36 feet from the lowest point of original grade ascertained in MMC 20.23.060(B)(2)(a)(i); b. A horizontal plane shall be extended perpendicular from the top of the 36-foot vertical line; 6. The maximum height envelope shall be the area between the lower grade and the two height planes established in this section and shown in Figure 20.23.060(B); 7. No part of the building or structure, including roof lines, shall protrude above the maximum height envelope, except as allowed otherwise by law. 8. See MMC 20.23.060(E) for establishing height plane parameters, MMC 20.23.060(F) for establishing the orientation of the height plane, and MMC 20.23.060(G) for height calculation exemptions. Figure 20.23.060(B): R-16 Height Measurements Original Grade Finished Grade Original/ Finished Grade Low Points Original/ Finished Grade High Points Horizontal Height Plane (Perpendicular to Top of 36-foot Vertical Line) 28-foot Finished Grade Height 25-foot Original Grade Height Maximum Height Envelope Essentially Parallel Plane (Intersects Upper Elevation of Low and High Vertical Lines of Lower Grade) 25-foot Original Grade Height 36 feet Lower Grade Vertical Line Original/ Finished Grade Vertical Lines Attachment A C. In the R-20, R-30, and SR-30 zones (except where the bonus height standards in Table 20.23.050(C) are used) and in the Medina Heights Overlay, height shall be measured as shown in Figure 20.23.060(C) and as set forth in the following procedures: 1. The original grade shall be established as set forth in MMC 20.23.080; 2. The base elevation for measuring height shall be taken at two points where the outside of the exterior walls/ sides of the build or structure intersect the following: a. The lowest point of original grade; b. The lowest point of finished grade; 3. Starting at the two base elevation points ascertained under MMC 20.23.060(C)(2), a vertical line shall be extended by the distance of the applicable maximum height prescribed in Table 20.23.050(A); 4. The grade (original or finished) and corresponding vertical line established under MMC 20.23.060(C)(3) that has the lower upper elevation (measured from a zero- elevation surface) shall be used to measure maximum height; 5. Maximum height shall be a horizontal plane interesting the upper elevation of the vertical line established in MMC 20.23.060(C)(4) for measuring maximum height and shall be perpendicular to the same vertical line as shown in Figure 20.23.060(C); 6. The maximum height envelope shall be the area between the applicable grade (original or finished) and the horizontal height plane established in this section and shown in Figure 20.23.060(C); 7. No part of the building or structure, including roof lines, shall protrude above the maximum height envelope, except as allowed otherwise by law; 8. See MMC 20.23.060(E) for establishing the height plane parameter and MMC 20.23.060(G) for height calculation exemptions. Figure 20.23.060(C): R-20, R-30, SR-30, & Medina Heights, Height Measurements Original/ Finished Grade Low Points 25-foot or 20-foot Original Grade Height 28-foot or 23-foot Finished Grade Height Original Grade Finished Grade Horizontal Height Plane (Perpendicular to Lowest Upper Elevation of Vertical Lines) Maximum Height Envelope Original/ Finished Grade Vertical Lines Attachment A D. Where the bonus height standards in Table 20.23.050(C) are used, height shall be measured as shown in Figure 20.23.060(D) and as set forth in the following procedures: 1. The original grade shall be established as set forth in MMC 20.23.080; 2. The base elevation for measuring height shall be taken at four points where the outside of the exterior walls/ sides of the building or structure intersect the following: a. The lowest point of the original grade; b. The highest point of the original grade; c. The lowest point of finished grade; and d. The highest point of finished grade; 3. Starting at the four base elevation points ascertained under 20.23.060(D)(2), a vertical line shall be extended by the distance of the applicable maximum height prescribed in Table 20.23.050(C); 4. The grade (original or finished) and corresponding vertical line established under MMC 20.23.060(D)(3) that has the lower upper elevation (measured from a zero- elevation surface) shall be used to measure maximum height; 5. Maximum height shall be a horizontal plane intersecting the upper elevation of the vertical line established in MMC 20.23.060(D)(4) for measuring maximum height and shall be perpendicular to the same vertical line as shown in Figure 20.23.060(D); 6. The maximum height envelope shall be the area between the applicable grade (original or finished) and the horizontal height plane established in this section and shown in Figure 20.23.060(C); 7. No part of the building or structure, including roof lines, shall protrude above the maximum height envelope, except as allowed otherwise by law; 8. See MMC 20.23.060(E) for establishing the height plane parameter and MMC 20.23.060(G) for height calculation exemptions. Figure 20.23.060(D): Bonus Height Measurements 30-foot Finished Grade Height 30-foot Original Grade Height Original Grade Finished Grade 36-foot Finished Grade Height 36-foot Original Grade Height Original/ Finished Grade Low Points Original/ Finished Grade High Points Horizontal Height Plane (Perpendicular to Lowest Upper Elevation of Vertical Lines) Maximum Height Envelope Original/ Finished Grade Vertical Lines Original/ Finished Grade Vertical Lines Attachment A E. The parameters of a maximum height plane shall be parallel to a parameter created by the smallest rectangle that can be drawn around the footprint of the building or structure. See Figure 20.23.060(E). Figure 20.23.060(E): Height Plane Parameters F. Where a building or structure is placed within the R-16 zone on a slope, the property owner may elect for the slant of the essentially parallel height plane to be in the direction of either: 1. The front façade of the building where the primary entrance of the building is located; or 2. The building façade facing a public street or private lane. 3. Figure 20.23.060(F) provides further direction on determining the orientation of the height plane slant. Figure 20.23.060(F) Direction of Slant for Essentially Parallel Height Plane Height Plane Smallest rectangle around the building footprint Maximum Height Plane Building Footprint Height Parameter Street Low Point High Point Direction of Height Plane Slant Direction of Height Plane Slant Front Facade High Point Low Point Building Building Attachment A G. The following shall be excluded as part of the outside exterior wall/ side of a building or structure for purposes of measuring height: 1. Walls adjoining window wells where the area inside of the window well does not exceed 15 square feet of open surface area; 2. Attached structures (e.g., uncovered decks, porches, steps, etc.), not exceeding 30 inches above original or finished grade, whichever, is lower 3. Uncovered decks, porches, and verandas not qualifying for the exemption in MMC 20.23.060(G)(2) where the space below the structure is not enclosed and not more than 25 percent of the ground surface below the structure is hardscape; and 4. Areas under roof eaves and areas under balconies provided they extend 24 inches or less from the exterior wall. 20.23.070 Building and structure height exceptions. The following are exempt from the height standards in MMC 20.23.050: A. Spires, belfries and domes of religious facilities not intended for human occupancy provided the height is approved as part of the Non-administrative Special Use Permit for the religious facility; B. Flag poles, provided the pole does not exceed: 1. A height of 45 feet above the existing grade; and 2. A width of 12 inches diameter at the widest point of the pole; C. Chimneys, chase, mechanical equipment, vents or other essential building elements required by the building codes provided: 1. The structure or equipment does not project more than three feet above the maximum height otherwise allowed on the lot; 2. The structure or equipment does not exceed five feet in horizontal width above the maximum height otherwise allowed on the lot; D. Wireless communication facilities approved pursuant to Chapter 20.37 MMC; and E. Exceptions specifically granted elsewhere in the Medina Municipal Code. 20.23.080 Determining Original Grade. The following outlines the general procedures to establish the original grade on a lot. These procedures may be administratively modified by the Director pursuant to MMC 20.23.080(H) on a case-by-case basis to fit unique circumstances. A. The placement of proposed exterior walls/ sides of the building/ structure on the lot is identified first and these locations are marked on the property. It is preferred, but not required, that a surveyor stake the proposed exterior wall corners of the building or structure. B. A soils expert shall conduct a preliminary investigation of the soils along the parameters of the proposed exterior walls/sides to determine the elevations of the original grade: 1. The investigation should include exploring and testing a reasonable number of test pits to substantiate the findings of the soils expert; and 2. Based on the findings of the soil investigation, the soils expert shall determine an assumption of the original grade underneath the entire building or structure. C. A surveyor shall set the vertical elevations of the applicable low and high base points required to measure height using the assumption of original grade by the soils expert; Attachment A Figure 20.23.080 Assumption of Original Grade D. A written report of the assumption of original grade shall be prepared by the soil expert for submission to the City. The content of the report shall at a minimum include the following: 1. The applicant’s and property owner’s name and contact information; 2. Project location (include parcel number); 3. Written narrative regarding the scope of work for which the original grade determination is being made; 4. The name and qualification of the persons preparing the report; 5. Written narrative of the investigation and findings; 6. A site plan showing: a. An outline of the footprint of the building or structure on the lot; b. The locations of the test pits where the soil exploration was performed; c. The location and vertical elevation of the assumed high and low base points of the original grade, as applicable, for measuring height; and d. Topographical information including contour intervals of five feet or less, as appropriate; and 7. Other pertinent information determined to be necessary by the Director in supporting an original grade determination. E. The applicant must obtain approval from the City for an assumption of original grade determination. An approved assumption of original grade report shall be used in determining plan review compliance with height standards prior to issuing construction permits. F. After excavation work has exposed the soils where the proposed building or structure will be located, the soils expert shall re-investigate the soils to determine if the assumption of original grade is valid. Findings from the soils expert’s re-investigation shall be transmitted to the City. G. If the assumption of original grade is incorrect, a corrected original grade determination with a surveyor’s new set of vertical elevations shall be provided to the City. H. The Director may approve modifications to these procedures if: 1. The modification is evaluated and applied on a case-by-case basis; 2. The modification is to address a unique circumstance on the property such as an inability to conduct site investigation due to existing buildings and structures; 3. Modifications are based on accepted methods and/ or practices found within the soils expert’s profession; 4. The applicant requests the modification in writing to the Director and provides justification for the modification; and 5. The modification is processed as a Type 1 decision pursuant to the review procedures in Chapter 20.80 MMC. Building Corner Stakes Low Point Test Pits High Point Exterior Wall/ Side Elevation Contours Attachment A Subtitle 20.3 Special Development Standards Chapter 20.30 City-wide Uses Sections: 20.30.010 Fences, walls and gates. 20.30.020 Signs. 20.30.030 Reconstruction, remodeling, expansion of non-residential uses. 20.30.040 Works of art. 20.30.050 Residential off-street parking. 20.30.010 Fences, walls and gates. A. General Provisions. 1. Fences, walls and gates may be located within a setback area provided the fence, wall or gate does not exceed the maximum height requirements set forth in MMC 20.30.010(B). W alls, as referred to in this chapter, include freestanding walls, retaining walls, rockeries and similar types of structures. 2. Fences, walls and gates shall be located entirely inside the property lines of a lot, unless both property owners agree the wall or fence may be placed on a common property line. 3. The property owner is responsible for confirming all fences, walls and/or gates are placed inside the property lines on their property. 4. Gates located near an opened street right-of-way shall be setback from the edge of the pavement pursuant to MMC 20.40.125. 5. All lighting devices shall be subject to the height limitations prescribed by this section. 6. Where a permit is required pursuant to MMC 20.30.010(G), the City may require the property owner to have a land survey performed to identify the property boundaries if: a. The fence, wall or gate is adjacent to a street right-of -way; or b. In the opinion of the Director, it is not clear the proposed fence or wall is located entirely within the property lines on the owner’s property. B. Height (see Figures 20.30.010(B)(1), (2) and (D)). 1. The maximum height of a fence, wall, combination of fence and wall, or gate shall not exceed four feet if the structure is located: a. Within a horizontal distance of five feet from a front property line that adjoins a public street not designated as a collector or minor arterial street pursuant to Chapter 10.08 MMC; and b. Within a horizontal distance of five feet from any property line that intersects a front property line that adjoins a public street as described in MMC 20.30.010(B)(1)(a) and extending 30 feet from the front property line. 2. Except as provided in MMC 20.30.010(B)(1), the maximum height of a fence, wall, combination of fence and wall, or gate shall not exceed six feet in all other setback areas. 3. Fences, walls and gates not located within setback areas may be constructed to the height limitations of other buildings and structures in the same zone. 4. For purposes of the height maximums set forth in this section, height shall be measured at the exterior side of the fence or wall facing outward from the property, Attachment A from the lower of the existing or finished grade to the highest point of the fence or wall (including any light fixtures, caps, or other objects mounted on the top of the fence or wall. 5. Fences and walls shall be considered combined for the purpose of measuring height where the horizontal separation is five feet or less between the closest points of the fence and wall; except, if a property line is located between the fence and wall, the fence and wall shall not be considered combined. These requirements shall also apply to gates and walls. Figure 20.30.010(B)(1) Height Limits for Fences and Walls Figure 20.30.010(B)(2) Measuring Fence/ Wall Height Height Measurement Combined Height Measurement Not Combined 30-foot Front Property Line 5-foot Intersecting Property Line 4-foot Maximum Height Area (where applicable) 6-foot Maximum Height in Setback Areas X > 5 foot X ≤ 5 foot Fence/ Wall Exterior Side Lower of Existing or Finished Grade Height Highest Point (includes post/ cap/ light) Fence/ Wall Fence/ Wall Wall Wall Height Height Height Lower Grade Lower Grade Attachment A C. Fence and wall height exception. The placement of a guard rail on top of a retaining wall may exceed the maximum height for fences and walls by up to four feet provided: A. The building official determines a guard rail is required pursuant to the building codes set forth in Chapter 20.40 MMC; and B. The solid component parts of the guard rail are evenly distributed and cover no more than 50 percent of the total surface area of the side elevation of the guard rail. D. Limitations. 1. The following are prohibited: a. The use of barbed wire with a fence or wall; b. Electric fences; and c. Chain-link fences located within five feet of a property line that adjoins a public street designated as a collector or minor arterial street pursuant to Chapter 10.08 MMC. 2. No person may construct a berm upon which to build a fence, wall or combination of a fence and wall, unless the total height of the berm plus the fence or wall does not exceed the maximum height allowable for the fence or wall if the berm was not present. (See Figure 20.30.010(D).) 3. No gate or portion thereof shall be located within any public right-of-way or any easement for a private lane or private lane turnaround. Figure 20.30.010(D) Fence/ Wall with Berm Height Measurement Combined E. Appearance. The more completely detailed or finished side of a fence or wall shall face outward from the property on which the fence or wall is located, except joint projects may have the more finished side oriented as agreed to between the two property owners. F. Bulkheads. The design and construction of a bulkhead shall be in compliance with the requirements of the building code and the Medina Shoreline Master Program. G. Permits. A building permit is required to be obtained from the City prior to construction or repair of a fence, wall or gate, unless exempt pursuant to MMC 20.40.050. H. Requirement for gates. 1. Every gate blocking vehicular access to a residence must have a “KNOX Box” or similar device approved by the fire marshal and chief of police allowing access to emergency vehicles and personnel. In addition, each gate which relies on electricity to open the locking mechanism or the gate itself must have a manual release mechanism which is activated by a power failure, or another method of assuring entry in event of a power failure, which is approved by the fire marshal and the chief of police. 2. Gates and barriers associated with fire apparatus access roads shall meet the requirements in MMC 20.40.125. Fence/ Wall Berm Height Attachment A 20.30.020 Signs A. No sign or signs of any kind shall be erected and/or displayed or maintained within the City except as provided in this section. B. The following signs or displays are exempt from the requirements of this section: 1. Signs or notices required by federal or state statutes or regulations; 2. Informational or warning signs in the nature of “telephone,” “restrooms,” “danger,” “no parking,” “private,” “cashier,” “refreshments,” and other informational or warning signs, which may not exceed two square feet in sign area; 3. Signs attached to product dispensers or product display apparatus, which do not exceed two square feet in sign area; 4. Window posters in a business establishment that do not exceed six square feet in sign area each, or two in number per establishment; 5. Signs designating owner’s name, address, emergency telephone, business hours, or “open” or “closed”; provided, however, that such signs shall not exceed two square feet in sign area. C. Subdivision and neighborhood signs. In a subdivided area or neighborhood involving eight or more homes, one freestanding permanent sign may be erected for the purpose of identifying the subdivision or neighborhood. 1. Temporary subdivision or neighborhood signs are prohibited. 2. Subdivision and/or neighborhood signs shall contain the name of the plat, subdivision or neighborhood only. 3. Subdivision and/or neighborhood signs shall be placed only on private property at or near the main point of entry for vehicles to the subdivision or neighborhood, except that such a sign may be placed in the unpaved portion of City street right-of-way pursuant to Chapter 12.32 MMC, on such terms and conditions as the City deems appropriate. 4. Subdivision and/or neighborhood signs shall be constructed of wood or natural stone, or a combination thereof (exclusive of fastening, pipes, etc., used to attach the sign to the ground or its base) provided: a. The sign area does not exceeding 12 square feet; b. The height of the sign does not exceed four feet, measured at the highest point of the sign from the lowest point of the natural existing grade directly below the sign or any part thereof. 5. Subdivision or neighborhood signs shall be maintained in good condition and repair at all times. If such signs are not properly maintained the City may, upon 30 days’ written notification by the City or its authorized representative or employee to the owner of the property underlying the sign, or to the owner of the adjacent property if the sign is located in a City right-of-way, repair or remove the signs at the expense of the owner. If the costs incurred by the City to repair or remove the sign are not paid within 30 days of presentation of an invoice to the property owner or resident of the subject property, the City may file a lien on the property which may be foreclosed as a mortgage to recover such costs, plus costs and attorneys’ fees. 6. Subdivision and neighborhood signs shall not contain any advertising, phone number, name of developer, architect or other person or entity. 7. Subdivision or neighborhood signs may not be affixed to any building, garage, fence or other structure incidental to a residential dwelling. 8. Subdivision or neighborhood signs shall not be placed closer than five feet to any paved portion of a public right-of-way as measured at the closest point. 9. Illuminated subdivision or neighborhood signs are prohibited whether illuminated internally or otherwise. Attachment A 10. No permanent subdivision or neighborhood sign permitted under this subsection shall be erected without first obtaining a Non-administrative Conditional Use Permit. D. Political signs. 1. Political signs may be placed on private property or in the street right-of-way with permission of the abutting property owner. The owner thereof shall be responsible for removal of the signs within 48 hours following the election to which they pertain. 2. Political signs must comply with the provisions of RCW 42.17.510 and any other state statutes or regulations regulating campaign advertising as they may be enacted or amended from time to time. 3. Political signs must be temporary signs and the area of any sign may not exceed four square feet. 4. No permit is required for a political sign otherwise complying with this section. E. Residents’ signs. 1. Any permanent sign which contains no more than the name and/or address of the owner or tenant of a residential dwelling shall be allowed. No such sign or signs shall be larger than two square feet in sign area for each residential dwelling unit. a. Residents’ permanent signs for homes served by private lanes may be combined into a single sign of not more than eight square feet in sign area adjacent to the main vehicular entrance to the residences from a City street or right-of-way provided: i. The total square footage of the sign area shall not exceed one square foot for each residence served by the private lane; and ii. Two or more separate signs erected on one or more common poles or mountings shall be considered one sign. b. Signs of a safety or traffic-control nature may be erected immediately adjacent to private lanes provided: i. No such sign shall exceed three square feet in sign area; and ii. No such sign may be erected on another person’s property without permission; and iii. Two or more common poles or mountings shall be considered one sign. c. A “No Trespassing,” “No Peddlers” or “No Soliciting” sign may be placed on private property or in the street right-of-way by the owner of the abutting property. No such sign shall exceed one square foot in sign area. 2. Residents’ temporary signs. a. Residents of a dwelling unit may erect a single temporary sign in connection with a garage sale or similar event provided, i. The sign does not exceeding six square feet in sign area; ii. The sign is located immediately adjacent to the vehicular entrance to the resident’s dwelling; and iii. The sign is erected only when the garage sale or similar event is actually in progress and attended, and is removed between the hours of 6:00 p.m. and 8:00 a.m. b. Residents of a dwelling unit may erect three off-site temporary signs in connection with a garage sale or similar event provided: i. Each sign does not exceeding two square feet in sign area; ii. The signs are utilized during the same period as MMC 20.30.020(D)(2)(a)(iii); iii. Any such signs placed on private property are done so with the consent of the owner; and iv. Any such signs placed in the street right-of-way do not create a vehicle safety or other hazard. 3. No permit is required for residents’ signs otherwise complying with this subsection. Attachment A F. Commercial signs. 1. Commercial signs shall not be permitted in the City except as hereinafter provided. 2. Moving signs and sign structures, animated signs, whirligigs, pennants, flashing lights and flags (other than two government flags) are prohibited. G. Commercial Signs for Business Establishments. Each business establishment permitted by applicable zoning regulations and licenses to conduct business in the City may erect signs only as follows: 1. Only one permanent sign identifying such business shall be permitted for each public street frontage. 2. Size, location and illumination of such permanent signs are limited as follows: a. No more than one-half square foot of sign area for each lineal foot measured along the property line adjoining the public street, not to exceed 24 square feet; b. Not be placed in any street right-of-way; c. Not exceeding 25 feet in height; and d. Illuminated only by a steady light source and during hours when service is offered; any illumination, including that of buildings, to be such as present no glaring light source to passing vehicular traffic or neighboring property zoned for residential use. 3. No signs are permitted for home occupations. 4. One temporary sign not exceeding four feet in height from the ground and three feet in width shall be permitted for each street fronted. 5. No permanent commercial sign permitted under this subsection shall be erected without first obtaining a Non-administrative Conditional Use Permit. No permit is required for temporary commercial signs otherwise complying with this subsection. 6. No temporary commercial sign shall be placed in any public right-of-way where it will interfere with the free passage of vehicles or pedestrians. H. Commercial Real Estate Signs. 1. No permanent commercial real estate signs are permitted within the City. 2. One temporary sign shall be allowed on each parcel, tract, lot, site or home, the boundaries of which have previously been established as a matter of record in the office of the King County auditor either by the filing of an approved plat or by any method of real property conveyance from one party to another as authorized by the laws of the state, for the purpose of advertising it for sale or rent. Such sign may be located in the street right-of -way abutting the property being advertised provided: a. The sign is at least ten feet from the edge of the pavement except as provided for in MMC 20.30.020(H)(2)(c); and b. The sign does not interfere with vehicular traffic or driver vision, impede pedestrian traffic or otherwise present a safety hazard. c. The Director may authorize a temporary commercial real estate sign to be located within ten feet of the edge of the pavement, if the topography or landscaping of the City street right-of-way or abutting property would otherwise cause the sign to be significantly obscured from the street. Any such authorization shall be in writing and shall specify the revised minimum distance from the edge of the pavement. 3. Commercial real estate signs shall have dimensions no larger than four square feet in sign area and shall be for the sole purpose of advertising the parcel, tract, lot, site or home for rent or sale, which must be written for the sign. a. The signs may contain the words “for rent” or “for sale,” and/or “exclusively,” the name of the owner or of the listing real estate office and agent and telephone numbers. b. No additional information shall be allowed on the sign. Attachment A 4. Commercial real estate signs must be removed within three days of the rental or the closing of the sale of the property. 5. The top of the signs, including any structure and component parts shall be no more than six feet above ground. 6. In the case of waterfront property, a second conforming sign will be allowed either at the end of the dock or at the lakefront. 7. No more than two portable temporary signs bearing the words “open house” only may be used while an open house is being conducted by the owner or his agent. a. Each sign shall show the address of the property for sale. b. Said signs are only allowed while the owner or his agent is present within the residence, during daylight hours and on Saturdays and Sundays. c. Said signs may be single-sided or double-sided; however, no side shall be larger than 30 inches by 30 inches. 8. Signs not meeting the requirements of this subsection may be removed by the City or its authorized representative or employee at the expense of the owner of the underlying property or his agent. This shall be in addition to any penalty for erecting a sign in violation of this section. 9. No permit is required for temporary commercial real estate signs otherwise complying with this subsection. 10. In addition to signs otherwise allowed under this subsection, each parcel, tract, lot, site or home which does not adjoin any public street and which can only be accessed via a private lane shall be allowed one additional temporary sign for the purpose of advertising it for sale or rent provided: a. The dimensions of the sign are no larger than eight inches by 24 inches; and b. The sign is placed on a single stake or post at or near the point at which said private lane meets the City street right-of-way. I. Signs for schools, churches and clubs. 1. Schools, churches and clubs may erect one freestanding permanent sign located on their property, which shall conform to the construction size, height and maintenance requirements, including the prohibition of sign illumination for subdivisions and neighborhood signs set forth in MMC 20.30.020(C). 2. In addition, clubs shall be allowed one permanent off-site sign for directional purposes and containing only the name of the club. Such sign shall not exceed eight square feet in area, shall not be lighted, and may be erected only on private property, with the consent of the owner, or a City street right-of-way, pursuant to Chapter 12.32 MMC. 3. No sign permitted under this subsection shall be erected without first obtaining a Non-administrative Conditional Use Permit. J. Municipal signs. Nothing in this section shall restrict the posting of signs by the City or its authorized representatives for the safety, convenience or information of its citizens. K. Miscellaneous provisions. 1. No signs shall be erected or maintained on parks, other public property or rights-of- way, except as specifically permitted in this chapter. No sign shall be erected or maintained on private property without the consent of the owner thereof. 2. No signs of any kind shall be posted on traffic or safety sign posts. 3. No signs may be placed in or on vehicles visible from any public property or right-of- way, except one sign per vehicle, not exceeding one square foot, advertising such vehicle for sale. 3. Temporary signs for community, religious or educational purposes may be erected with the permission of the Director for a period not to exceed 15 days. Such signs Attachment A may not exceed 12 square feet in area and five in number. The permission of the Director must be obtained in writing. No permit fee is required for such signs. 4. Applications for permanent signs shall include a photograph of each sign erected, which the applicant shall file with the City within ten days following its erection. L. Nonconforming signs. This section shall not apply to permanent signs in place on or before June 1, 1989, and erected in conformity with then-applicable ordinances and regulations, unless the user of the sign wishes to change the location, shape, dimensions or content of this sign, or fails to keep it in good repair; in such cases, the sign as changed must comply with the applicable provisions of this chapter, including requirement that a permit be obtained; provided all requirements for maintenance imposed by this chapter shall apply to existing signs. 20.30.030 Reconstruction, remodeling, expansion of non-residential uses. Existing non-residential uses requiring expansion, modification or rebuilding and exceeding 50 percent of the present value of the structure shall require obtaining a Non-administrative Conditional Use Permit pursuant to MMC 20.72.010, unless the reconstruction, remodeling, or expansion involves a use requiring a Non-administrative Special Use Permit, in which case a Non-administrative Special Use Permit, or amendment thereto shall be required. 20.30.040 Works of art. Works of art are not defined as accessory structures and are subject to all applicable setback requirements of the Medina Municipal Code. 20.30.050 Residential off-street parking. Off-street parking for each single-family dwelling shall be provided as follows: A. If a lot has access from a street, a minimum of two onsite parking spaces is required; B. If a lot has access from a private lane, onsite parking spaces shall be required as follows: 1. The surface area of each parking space shall be at least 250 square feet; and 2. The minimum number of parking spaces shall be: a. In the R-16 zoning district: three spaces; b. In the R-20 zoning district: four spaces; c. In the R-30 zoning district: five spaces; 3. Such off-street parking areas shall be separate and distinct from the easement or turnaround required for the private lane; C. Additional off-street parking spaces, which are not required, may be located on-site or off-site as allowed in MMC 20.34.030; and D. Parking areas shall not be located within setback areas, except as allowed otherwise by law. Attachment A Chapter 20.31 Limited Uses Sections: 20.31.010 Home business. 20.31.020 Adult family homes and family day care homes. 20.31.030 Manufactured homes and trailers. 20.31.040 Automobile-related service uses. 20.31.050 Commercial horticulture, truck gardening, and agriculture uses. 20.31.010 Home business. A. Home businesses are permitted within a single-family dwelling and are limited to those which are customarily incidental and secondary to the use of the dwelling as a residence. B. Storage of equipment, materials or any commodity for use in any home business, including home businesses which are conducted on a site other than that where the equipment, materials or commodities are stored, shall be considered a home business. C. A home business is not allowed: 1. If any structure, in addition to normal residential structures common to the neighborhood, is used for said home business; or 2. If more than one person is employed who is not a family member residing in the residence; or 3. If any signs or commercial names are used or exhibited; or 4. Unless all employees, clients and family members are required to, and do at all times, use off-street parking exclusively, and unless not more than two vehicles owned and operated by employees and clients are allowed to be parked on the premises at any time; and 5. If any equipment, materials or commodities which are stored for use in any home business are visible from any public or private vantage point outside of the premises on which said items are stored. 20.31.020 Adult family homes and family day care homes. A. Adult family homes are a permitted use in any zone allowing a single-family dwelling provided the adult family home complies with underlying zoning requirements and the requirements set forth in Chapter 70.128 RCW. B. Family day care homes are a permitted use in any zone allowing a single-family dwelling provided they have obtained a permit for operation from the City. Permits shall be issued by the City, at no cost, upon proof that the family day care home has obtained all necessary licenses and approvals from the state to operate such a facility. 20.31.030 Manufactured homes and trailers. A. Manufactured homes are permitted pursuant to RCW 35A.21.312 provided: 1. At the time of installation, the manufactured home is new; 2. The manufactured home is placed upon a permanent foundation, as specified by the manufacture, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; Attachment A 3. The manufactured home shall comply with all zoning requirements such as structural coverage, lot area, setbacks, and height; 4. The manufactured home is thermally equivalent to the state energy code; and 5. The manufacture home meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. B. Trailers for temporary occupancy. The owner of a parcel of land where no single-family dwelling is situated may occupy one trailer as a temporary dwelling during the construction of a new dwelling thereon provided: 1. A valid building permit for construction of a single-family dwelling has been issued and a good faith effort is being made to start construction of said dwelling immediately, and work is pursued with diligence; 2. The trailer is located in a manner so as to not in any way impede egress or ingress to people traveling over joint roads or easements to other properties; 3. All City and state regulations relating to sanitation, garbage and trash disposal, water and other utilities are met to the satisfaction of the City; 4. A Temporary Use Permit is issued pursuant to MMC 20.35.040; and 5. The trailer does not reduce the number of parking spaces below three required for construction vehicles. C. Construction trailers erected during the construction phase of a project are allowed provided the trailer is removed prior to the completion of the project. Construction trailers may be located within zoning setback areas provided they are screened from abutting properties, however, they are not allowed within shoreline setback areas. 20.31.040 Automobile-related service uses. This section establishes the development criteria that apply to automobile-related service uses, including accessory uses. A. The minimum setbacks for buildings and structures shall be as follows: 1. From front property lines: 30 feet; 2. From rear property lines: 30 feet; 3. From side property lines: 15 feet, except where the lot abuts a residentially zoned property then the minimum setback shall be 30 feet. B. Requirements for parking: 1. Minimum off-street parking shall be provided as follows: a. One space for each employee on duty at any time; plus b. One space for each 1,000 square feet of the gross floor area of the principle building; and c. Six spaces for vehicle storage, which may be covered or uncovered; 2. At least one additional off-street parking space per building shall be provided and designated as a load/ unload area; 3. Design standards for parking spaces: a. Spaces may be covered or uncovered; b. Minimum 250 square feet of surface area per parking space; c. Spaces shall be improved with an all-weather surface such as asphalt or concrete, but not gravel, and shall include facilities for surface water runoff; d. Spaces shall be arranged and marked in a manner that does not impede access to the lot. C. Minimum landscaping and screening requirements: 1. Where the automobile-related service use abuts along residentially zoned property, either a six-foot in height fence, or minimum four-foot in height vegetative hedge Attachment A shall be provided that creates a sight-obscuring screen from the abutting residential lots; 2. Where the automobile-related service use abuts public street right-of-way, the following shall apply: a. At least 30 percent of the frontage abutting the street shall be vegetated with plantings including shrubs and undergrowth plantings; and b. The height of the vegetation shall be maintained in a manner that does not obscure clear views for traffic safety. D. Access requirements: 1. Access to an automobile-related services use shall be restricted to marked driveways at locations approved by the City engineer as appropriate to ensure safe and efficient traffic movement; 2. Driveway entrances shall not exceed 35 feet in width for each 60 feet of street frontage. E. Allowances for signage shall be pursuant to MMC 20.30.020. F. Automobile storage is allowed provided that: 1. The use is accessory to a principle automobile-related serve use on the same lot; 2. The number of motor vehicles parked on the property shall be limited to what can be accommodated under cover or in marked off-street parking, or loading spaces; 3. No motor vehicle shall be parked that is: a. Exposed in a partly disassembled or significantly damaged condition; b. Exposed for more than 30 days unless the exposure time is interrupted by periods of at least ten consecutive days; and c. Parked, including trailers, for display to sell, rent, or as a prize. G. Operation and displays shall meet the following requirements: 1. All operation and displays, including those of merchandise, shall be within an approved structure, except those directly required to dispense gasoline, water, air, and motor oil; 2. No accumulation of tires or other automotive materials outside approved structures is permitted; and 3. Trade-inducing prizes shall be deemed merchandise. 20.31.050 Commercial horticulture, truck gardening, and agriculture uses. This section establishes the development criteria that apply to commercial horticulture, truck gardening and agriculture uses, including accessory uses. A. Structures may include, but are not limited to such uses as hot houses, greenhouses, storage sheds, heating plants, and similar accessory uses associated with horticulture, truck gardening, and agriculture uses. B. Agriculture uses shall exclude the raising of animals. C. Any retail sales activity arising out of the commercial horticulture, truck gardening and agriculture uses shall be limited to the sale of products, in season, grown upon the property. Attachment A Chapter 20.32 Special Uses Sections: 20.32.010 General Provisions. 20.32.020 Religious Facilities. 20.32.030 Schools. 20.32.040 Electrical power and utility substations. 20.32.050 Clubhouse – Public and Private. 20.32.060 Satellite receiving systems. 20.32.070 Golf course. 20.32.080 Special planning areas. 20.32.010 General Provisions. A. This chapter establishes special development standards that apply to specific uses that are designated as special uses. B. The special development standards prescribed by this chapter shall be applied in conjunction with other development regulations applicable to the property. C. Where this chapter imposes a requirement that differs from the same development standard found elsewhere in this title, the requirement set forth in this chapter shall prevail. 20.32.020 Religious Facilities. This section establishes the development criteria that apply to religious facilities, including accessory uses. A. The minimum lot area for the religious facilities use is three acres. B. Minimum setbacks: 1. The setback for all parts of a building housing a religious facilities use, including attached structures, shall be at least 50 feet from all property lines; 2. The setback for all other detached buildings and structures, excluding towers used for religious purposes and domes not intended for human occupancy, shall be the same as those set forth for the zone in Table 20.22.030; 3. Towers used for religious purposes and domes not intended for human occupancy shall be setback from all property lines a distance of at least twice the height distance of the tower. C. Maximum height: 1. The height of all buildings and structures on the lot, excluding towers for religious purposes and domes not intended for human occupancy, shall not exceed 35 feet using the same method of measuring height as set forth in MMC 20.23.070(C), except the measurement of height shall be taken from the low point of the existing grade; and 2. The maximum height of towers for religious purposes and domes not intended for human occupancy, including spires and belfries, shall be based on the setback distance set forth in MMC 20.32.020(B)(3). D. Maximum structural coverage and impervious surface area: 1. Total structural coverage on the lot shall not exceed 35 percent of the lot area; and 2. Total impervious surface area on the lot shall not exceed 52½ percent of the lot area. Attachment A E. Landscaping: a sight-obscuring vegetative buffer consisting of trees, shrubs and other vegetation shall be installed and maintained along property lines adjoining residentially zoned properties. F. Parking: Off-street parking spaces shall be provided at a minimum of one space for every 50 square feet of gross assembly floor area, as assembly occupancy is defined by the building code, plus one space for every 300 square feet of gross office floor area, as office occupancy is defined by the building code. G. Access requirements: 1. Ingress and egress of the site shall be by separate entry and exit access ways, which must be approved by the City Engineer; and 2. Where the lot fronts on more than one street, the entry and exit access ways shall be located on the lesser traveled street. H. The approval criteria for a Non-administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. 20.32.030 Schools. This section establishes the development criteria that apply to schools, including accessory uses. A. The location of schools shall be limited to lots designated as “School and Institution” on the Medina Comprehensive Plan Land Use Map. B. Development standards: 1. Minimum setbacks: The setback of all parts of any buildings and accessory buildings shall be at least 40 feet from all property lines, except where the school adjoins lots zoned residential, the setback shall be at least 60 feet; 2. Maximum height: The maximum height of all buildings and structures shall not exceed 35 feet from the low point of original or finished grade using the same method of measuring height as set forth in MMC 20.23.070(C); 3. Maximum structural coverage and impervious surface area: a. The total structural coverage on the lot shall not exceed 35 percent of the lot area; b. The requirements for impervious surface area set forth in Table 20.23.020 shall apply; and 4. Minimum lot area: a. Except as provided for in MMC 20.32.030(B)(4)(c), an elementary school shall have a lot area of at least five acres for the first 100 students, plus one-half acre for each additional 100 students, or fraction thereof; b. A middle or senior high school shall have a lot area of at least ten acres, plus one-half acre for each additional 100 students, or fraction thereof; c. Where an elementary school is a secondary use to a religious facilities use on the same lot, the minimum lot area may be satisfied by using the combined land area for both the school and the religious facilities use, and the minimum lot area for the first 100 students shall be three acres, plus one-half acre for each additional 100 students, or fraction thereof. C. Building massing: 1. The design of buildings shall incorporate features that minimize the amount of three- dimensional bulk on the building façade facing towards existing residences; 2. Features that may be incorporated include but are not limited to pitch roofs, building step-backs or other architectural design techniques that reduce the perceived height of the building, and building horizontal and vertical modulation that breaks up solid facades. Attachment A D. Landscaping: 1. Landscaping is required that provides vegetative buffers that adequately mitigate visual and noise impacts on surrounding residences; 2. A landscaping plan must obtain approval from the City that at a minimum includes the following: a. Detailed information on the location and species of proposed trees and vegetation; b. Include use of year-round foliage patterns as appropriate; c. Provide lines of sight necessary for safe school operation; and d. Provide landscaping that reduces visual impacts from public streets while minimizing impacts to safety-required lines of sight. E. Traffic and parking requirements: 1. A pedestrian and vehicular circulation plan is required that emphasizes safety and efficiency; 2. The pedestrian and vehicular circulation plan shall at a minimum include the following: a. Traffic generation estimates; b. School bus loading and unloading operations; c. Student drop off and pick-up operations; d. Deliveries; and e. Mitigation measures to address traffic impacts to streets; 3. A parking plan is required that includes adequate off-street parking for staff and visitors, and loading and unloading zones; and 4. The City may require that traffic and parking studies be provided that are prepared by a qualified professional traffic engineer that supports the circulation and parking plans. F. Lighting requirements: A lighting plan is required that includes: 1. Consideration for pedestrian safety; 2. Overall lighting levels, which shall not negatively impact surrounding residences; and 2. Lighting that is directed towards school property only. G. The approval criteria for a Non-administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. 20.32.040 Electrical power and utility substations. This section establishes the development criteria that apply to electrical power and utility substations. A. Electric power and utility substations shall be limited to lots and tracts designated as “Utility” on the comprehensive plan land use plan map. B. All uses shall be in buildings and structures and/or may be required to be enclosed with a fence at least six feet in height. C. The fence shall be located in a manner that minimize visual and noise impacts to adjoining properties and streets and may be required to be setback at least 30 feet from all property lines. D. A sight-obscuring landscaped buffer consisting of evergreen trees, shrubs and other vegetation shall be planted adjacent to the fence for a depth of up to 20 feet. E. The height of structures shall be limited to 25 feet using the same method of measuring height set forth in MMC 20.23.070(C), except the measurement of height shall be taken from the low point of the existing grade. F. The approval criteria for a Non-administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. Attachment A 20.32.050 Clubhouse – public and private. This section establishes the development criteria that apply to public and private clubhouse uses. A. A clubhouse may include such activities that provide services to the association, but shall not provide business activity to customers not associated with the association. B. Parking requirements: Off-street parking shall be provided at the rate of 300 square feet of paved and drained parking area for each 100 square feet of internal building floor area for meeting and assembly rooms. C. Traffic Requirements: 1. Traffic generated from clubhouse activity shall not adversely impact streets; and 2. A traffic analysis may be required to evaluate traffic impacts on surrounding streets and conditions necessary to mitigate for such impacts may be attached to any permit approvals. D. Clubhouses shall be limited to properties containing an existing non-residential use identified in the comprehensive plan. E. Structural Coverage: Not more than 35 percent of the lot area shall be covered by buildings housing a clubhouse use and associated accessory uses. F. The approval criteria for a Non-administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. 20.32.060 Satellite receiving systems. This section establishes the development criteria that apply to satellite receiving systems. A. The purpose of this section is to minimize the adverse visual and physical impact of satellite receiving systems in the community without disrupting signal reception for the user. All other antennas are exempt from this section but may be covered by other provisions of the Medina Municipal Code. B. The following criteria shall be applied in locating and screening satellite receiving system (hereafter refer to as “antenna”) from adjacent properties: 1. Aluminum mesh antennas shall be used whenever possible instead of the solid fiberglass type; 2. Antennas shall be painted colors that will blend with the background; 3. Antennas shall not be greater than 12 feet in diameter; 4. Ground-mounted antennas, including their bases, shall be no higher than 15 feet, at their highest point, above the existing grade; 5. Antennas larger than 36 inches in any dimension shall be screened with landscaping if visible from streets or surrounding properties within 500 feet; 6. Antennas shall not be located on any easements; 7. Installations shall meet all applicable construction codes; 8. If guy lines are used, they should be confined within a fenced area; 9. Antennas shall comply with all applicable federal or state statutes and regulations; 10. Antennas greater than 36 inches in any dimension shall not be roof-mounted unless the antenna will not be visible from any streets or surrounding properties within 500 feet; 11. Antennas shall not be located in the front yard of any residential site; and 12. Antennas shall meet setback requirements of the underlying lot with the setback measured from the part of the antenna or its base nearest the property line. C. In addition to the requirements set forth in this section, the approval criteria for a Non- administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. Attachment A 20.32.070 Golf course. This section establishes the development criteria that apply to golf courses and associated accessory uses. A. Site development standards: 1. The minimum gross area required for a golf course is 130 contiguous acres; 2. No buildings, except open shelters shall be constructed within 100 feet of the outer boundaries of the golf course adjoining properties containing residential uses; and 3. Underlying zoning and development standards shall apply, except setback requirements may be waived by the City for property lines located interior to the outer boundaries of the golf course. B. Parking requirements: 1. Off-street parking spaces shall be provided based on a parking study that evaluates anticipated parking demand with an adequate number of spaces being provided to prevent spill-over parking onto neighboring properties and streets during peak demand periods; 2. The parking study shall be prepared by a qualified professional and must demonstrate the parking complies with the criteria in MMC 20.32.070(B)(1); 3. In determining the minimum number of required parking spaces, a comprehensive transportation management plan acceptable to the City may be utilized to reduce the anticipated demand for parking; 4. The approved transportation management plan shall be recorded with the property; 5. Unobstructed vehicular access to and from public or private streets shall be provided for all off-street parking spaces; and 6. Accessible parking spaces shall be provided consistent with state building code requirements. C. Traffic requirements: 1. A comprehensive traffic study containing an evaluation of traffic generation estimates and traffic impacts to City streets shall be provided to the City; and 2. The traffic study shall be prepared by a qualified professional traffic engineer and shall include measures for mitigating traffic impacts to streets. D. The City may at its discretion require a technical review as part of a process for approving the use. The selection of a qualified person or party to conduct the review shall be at the discretion of the City with the cost borne by the applicant. The review shall address the following: 1. The accuracy and completeness of the submission; 2. The applicability of analysis techniques and methodologies; 3. The validity of conclusions reached; and 4. Any specific engineering or technical issues designated by the City. E. The following uses are considered typical accessory uses of a golf course and may be permitted on the grounds of the golf course: 1. Clubhouse with locker rooms and food services with the sale of alcoholic beverages for members who use the golf course (see MMC 20.32.050); 2. Pro-shop including snack bar and retail items associated with recreational activities on the golf course marketed for members who use the golf course; 3. Sports courts and swimming pool for use by members who use the golf course; 4. Maintenance, operational and storage buildings, including golf cart storage; and 5. Other uses typically associated with a golf course use. F. In addition to the requirements set forth in this section, the approval criteria for a Non- administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010. Attachment A G. As a condition of approving a Non-administrative Special Use Permit, the City may require the applicant to provide information and attach such conditions to address impacts from the holding of large events. 20.32.080 Special planning areas. A. Following receipt of the applicant’s master plan, the City shall undertake an analysis of the proposed facility’s impact on City finances, both during the construction period and after completion. The City shall also undertake an analysis of the impact that the facility will have on neighboring properties and the City as a whole. B. No special use permit shall be issued for facilities (including essential public facilities) located in special planning areas or for modifications to existing facilities located in special planning areas, unless the hearing examiner finds: 1. If the application is for an essential public facility, such facility is included within an adopted state or regional plan and meets the requirements of RCW 36.70A.200; 2. The facility will have no materially detrimental impact on neighboring properties or on the City as a whole, during the construction process or following completion, due to excessive noise, lighting, impact on the environment or other interference with peaceful use, possession and enjoyment of property; or its detrimental impacts on neighboring properties and the City as a whole are effectively mitigated; or a package of incentives, including mitigation measures, has been proposed by the applicant, which would render the impact of the facility on the City as a whole effectively mitigated, when considered together with such incentives and mitigation; 3. The applicant has complied with all applicable federal, state and county siting and permitting requirements; and 4. The facility will be consistent with the policies expressed in the comprehensive plan. C. In making its determination under MMC 20.32.080(B), the hearing examiner may consider the likelihood of additions, expansions or further activity related to or connected with a proposed facility and may request that the master plan be amended to include any additions, expansions or further activity being planned by the applicant. D. The hearing examiner may apply such conditions as it deems necessary to effectively mitigate the detrimental impacts of the facility on neighboring properties and the City as a whole. This may include, but shall not be limited to, sound-absorbing barriers; landscaping; sight-obscuring fencing and/or landscaping; landscaped lids; enhanced vehicular, transit and pedestrian amenities; public access to the Lake Washington shoreline; adequate maintenance; and other mitigation as appropriate. E. Buildings, wireless communication facilities, satellite receiving systems, fences, walls and bulkheads installed within a special planning area shall be consistent with the master plan and shall meet all applicable City regulations unless otherwise noted in the master plan and specifically referenced in the special use permit. The height of any structure within a special planning area shall not exceed 35 feet measured from the low point of original grade or finished grade, whichever is less, using the same method of measuring height set forth in MMC 20.23.070(C). Attachment A Chapter 20.33 Historical Uses Sections: 20.33.010 Historical uses - limitations. 20.33.020 General requirements. 20.33.030 Variances. 20.33.040 Approval process. 20.33.010 Historical uses - limitations. A. This chapter establishes the development criteria that apply to historical uses. B. Historical uses are limited to non-residential uses which were in existence at the date of incorporation of the City (August 19, 1955). C. Historical uses shall not be allowed on any lot where the use was not operated at the date of incorporation. 20.33.020 General requirements. A. A building or structure containing or used in support of a historical use may be ordinarily maintained and repaired to its original condition, and for the historical use, with like materials and construction methods, but may not be altered, improved, enlarged, expanded or reconstructed without approval granted through the Historical Use Permit process of the City. B. Ordinary maintenance and repair shall not exceed 25 percent of the true value of the building or structure in any one calendar year, unless approved and granted through the Historical Use Permit process of the City. C. Whenever a building or structure containing or used in support of a historical use is, by ruling of the building official, destroyed, damaged or deteriorated to the point where repairs would cost in excess of 60 percent of its true value, any subsequent use of the building or structure to contain or support the historical use is not permitted without approval granted through the Historical Use Permit process of the City. 20.33.030 Variances. Deviations to any rules, regulations or provisions of the zoning regulations may be authorized pursuant to the requirements for a Historical Use Permit set forth in MMC 20.72.020. 20.33.040 Approval process. Approval of a historical use is pursuant to the requirements for a Historical Use Permit set forth in MMC 20.72.020. Attachment A Chapter 20.34 Accessory Uses Sections: 20.34.010 General Provisions. 20.34.020 Accessory dwelling units. 20.34.030 Off-site – accessory uses. 20.34.040 Accessory recreational facilities. 20.34.010 General Provisions. A. This chapter establishes special development standards that apply to specific uses. B. The special development standards prescribed by this chapter shall be applied in conjunction with the accessory use provision set forth in MMC 20.21.040 and other development regulations applicable to the property. C. Where this chapter imposes a different standard than specified elsewhere in the Medina Municipal Code, the special development standards set forth in this chapter shall prevail. 20.34.020 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. E. The property owner of record must occupy either the single-family dwelling or the accessory dwelling unit as a legal residence. Legal residency must be evidenced by actual residency. Legal residency shall terminate by reason of absence in excess of one year. Legal residency shall immediately terminate upon the payment or receipt of rent for both units. F. 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 not less than 300 square feet of gross floor area; 3. 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; 4. All of the structures on the property shall have the appearance of a single-family dwelling and any other permitted accessory structures; 5. The entry door to the accessory dwelling unit shall be screened from the street by portions of the structure or by dense evergreen vegetation; 6. 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; 7. The exterior finish of the accessory dwelling unit shall be identical to the residence or accessory structure in which it is contained; and Attachment A 8. 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. G. 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 principle single-family dwelling. H. 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. I. 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. J. A property owner seeking to establish a legal accessory dwelling unit shall apply to register the dwelling unit with the City pursuant to MMC 20.70.070. The application shall include an agreement by the property owner to occupy either the single-family dwelling or the accessory dwelling unit and to maintain the accessory dwelling unit in compliance with the standards set forth in this section. K. 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; 2. Description of the requirement for owner occupancy; and 3. The requirement for maintaining the accessory dwelling unit in compliance with the requirements of this section. L. The registration of the accessory dwelling unit may be canceled pursuant to MMC 20.70.070 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. 20.34.030 Off-site accessory uses. This section establishes development criteria that apply to accessory uses that are located off-site from a principal use. A. The following accessory uses may be exempt from the requirement to locate an accessory use on the same lot as the principal use set forth in MMC 20.21.040(C) provided the conditions in MMC 20.34.030(C) are satisfied: 1. Accessory recreational facilities prescribed in MMC 20.34.040; 2. Improved surface off-street parking areas and detached garages; 3. Buildings containing gardening and similar types of uses; 4. Storage sheds; and 5. Playhouse, cabana, beach house and similar accessory uses; B. Accessory uses not listed in MMC 20.34.030(A) must be located on the same lot as the lot containing the associated principal use. C. The following conditions must be present for an accessory use to be located off-site: 1. The use must be incidental to an existing single-family dwelling; 2. The lot containing the accessory use must adjoin and be under the same ownership as the lot containing the single-family dwelling; and 3. No more than two accessory buildings/uses may be located off-site from the principal use; 4. The development standards in MMC 20.34.030(D) are complied with. Attachment A D. In addition to other development requirements prescribed by the Medina Municipal Code, the following shall apply to accessory uses located off-site from the principal use: 1. The maximum height of structures shall be 15 feet above the low point of the existing grade using the methodology for measuring height set forth in MMC 20.23.060(C); 2. The gross floor area of buildings and structures shall not exceed 1,000 square feet; 3. Roof eaves shall not protrude more than two feet from the exterior walls of a building; and 4. Total impervious surface area, excluding the footprint of the building or structure housing the accessory use, shall not exceed 2,000 square feet. E. In order to inform subsequent purchases of real property about the existence of the condition requiring the property containing the off-site accessory use to be under the same ownership as the property containing the principal single-family dwelling: 1. The property owner shall file for record a notice on the title of the property containing the off-site accessory use a statement of this condition; and 2. The notice on the title shall be recorded with King County and include a statement that a breach of this condition is a violation of the Medina Municipal Code subject to enforcement action prescribed by the Medina Municipal Code. The notice shall run with the land and may be removed if transfer of ownership in the property would not cause a violation of the Medina Municipal Code to occur. F. Failure by a property owner to provide notice as prescribed by this section to a purchaser of the subject property prior to the transferring of interest in the property shall be a violation of the Medina Municipal Code subject to enforcement action prescribed under Chapter 20.16 MMC. 20.34.040 Accessory recreational facilities This section establishes the development criteria that apply to accessory recreational facilities, including minor accessory recreational facilities. A. Accessory recreational facilities are categorized as either major or minor pursuant to the following: 1. Major accessory recreational facilities include the following and require approval of an Administrative Special Use Permit pursuant to MMC 20.71.030: a. Active sports courts such as tennis, paddle tennis, basketball, and similar facilities; b. Swimming pools; c. Hot tubs and spas, except as allowed in MMC 20.34.040(B); and d. Other similar sports facilities that provide active outdoor recreational activity and with similar impacts on adjoining properties. 2. Minor accessory recreational facilities such as a basketball hoop and temporary game nets do not require approval of an Administrative Special Use Permit provided: a. Installation of the facility does not require additional paved surface area; b. No illumination beyond normal house lighting is installed for use of the facility; c. The facility is not located inside any setback areas; and d. Maximum noise level requirements in Chapter 8.06 MMC are followed. B. Hot tubs and spas do not require approval of an Administrative Special Use Permit where: 1. If the hot tub and/ or spa is permanent: a. The facility is located within 20 feet of a single-family dwelling; b. Special outdoor lighting is not installed other than in-water low-light illumination directed away from any adjoining properties; Attachment A c. Pump and mechanical equipment are located inside of the residential structure or enclosed by sound attenuating structure; d. A barrier is provided as prescribed by the building code; e. The facility is not located inside any setback areas; and f. The hot tub/ spa drains into the sanitary sewer system. 2. If the hot tub and/ or spa is temporary: a. It is not erected for more than seven days during any one month period; b. It meets the criteria in MMC 20.34.040(B)(1)(a) through (e). 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 MMC 20.34.040(C)(3); 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 20.23.040(C)(2)); 3. Swimming pools, spas and hot tubs not exceeding two feet in height may protrude into a setback area from a rear property line provided: a. At least a 15-foot setback is maintained from the rear property line; and b. All other setbacks from front property lines, side property lines, Lake Washington, and private lanes are followed; 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 parameter of the facility to the highest point of the structural rim of the vessel. (See Figure 20.23.040(C)(4).) Figure 20.34.040(C)(2) Measuring Setback for Swimming Pools, Hot Tubs and Spas *Walkway may be subject to other setback requirements. Figure 20.34.040(C)(4) Height of Swimming Pools, Hot Tubs and Spas Original Grade Finished Grade Top of Rim Height Vessel Lowest Point of Original and Finished Grade Structural Rim Vessel Property Line Setback Walkway* Attachment A Chapter 20.35 Temporary Uses Sections: 20.35.010 Purpose. 20.35.020 Applicability. 20.35.030 Placement requirements for a temporary public facility. 20.35.040 Placement requirements for temporary wireless communication facilities. 20.35.050 Waiver of zoning standards. 20.35.010 Purpose. This chapter is intended to permit certain uses identified in this chapter that are inherently temporary. 20.35.020 Applicability. This chapter applies to the location of a temporary public facility as defined in MMC 20.12.210 when located within a residential zoning district, and the placement of temporary wireless communication facilities. 20.35.030 Placement requirements for a temporary public facility. A temporary public facility may be located in any residential zone provided: A. An existing nonresidential use identified in the comprehensive plan occupies the property; and B. The public facility is a short-term use of property for a period not to exceed an 18 consecutive month period with the intent to discontinue such use upon the expiration of the permitted time period; C. The gross floor area of buildings and structures housing the public facility does not exceed 3,500 square feet; and D. A Temporary Use Permit is approved pursuant to MMC 20.70.060. 20.35.040 Placement requirements for temporary wireless communication facilities. A wireless communication facility temporarily placed on property may be exempted from the requirements for wireless communication facilities prescribed in Chapter 20.37 MMC provided: A. The limitations on permitted locations set forth in MMC 20.37.050 shall continue to apply; B. The temporary wireless communication facility shall be placed on the property in a manner that is the least intrusive impact on nearby residential properties; C. Concealment techniques are incorporated that screen, hide, or disguise the facility in a manner that makes the facility visually inconspicuous to the extent technically feasible to surrounding properties and City streets; D. The highest point of the wireless communication facility shall not exceed a vertical distance of 45 feet measured from the existing grade directly below the facility; E. The setbacks for the zone in MMC 20.22.030 and noise control requirements in Chapter 8.06 MMC shall apply; F. Signage is prohibited; Attachment A G. The wireless communication facility is a short-term use of the property intended to be discontinued after a period not to exceed six continuous months, except where allowed otherwise by law; H. The wireless communication facility is not moved to another location within the City or replaced with another temporary wireless communication facility in order to circumvent the time limitations set forth in MMC 20.35.040(G); and I. A Temporary Use Permit is approved pursuant to MMC 20.70.060. 20.35.050 Waiver of zoning standards. A. The requirements for minimum zoning setbacks from property lines and the requirements for maximum structural coverage may be waived by the Director with the approval of a Temporary Use Permit to allow for the placement of a temporary public facility. B. This section shall not apply to the placement of any wireless communication facility. Attachment A Chapter 20.36 Nonconformity 20.36.010 Declaration and Purpose. 20.36.020 Applicability. 20.36.030 Establishment of a legal nonconformity. 20.36.040 Nonconforming lots. 20.36.050 Nonconforming uses. 20.36.060 Nonconforming structures. 20.36.070 Nonconforming signs. 20.36.080 Unlawful uses and structures. 20.36.090 Abatement of public nuisance. 20.36.010 Declaration and Purpose. A. The City recognizes there are lots, structures and uses of land which were lawful at the time of their establishment, but which now do not conform with the development regulations in effect. These nonconformities should eventually be converted to a conforming status. B. The purpose of this chapter is to: 1. Establish uniform provisions for the regulating of legal nonconformities consistent with the following: a. Avoiding undue hardship on property owners by permitting the nonconformity to continue until such time that nonconforming property rights are abandoned; and b. Encouraging the preservation of Medina’s existing residential housing stock by allowing limited alterations and expansion of existing nonconforming residential buildings. 2. Set forth the conditions under which changes to a nonconforming lot, structure, or use of land shall constitute abandonment and require the conversion to conforming status. 20.36.020 Applicability. A. The requirements and thresholds established in this chapter shall apply to all development regulated under Titles 18, and 20 of the Medina Municipal Code. B. This chapter is intended to be applied in combination with other sections of the Medina Municipal Code relating to nonconformity, including, but not limited to those prescribed in the building and fire codes. C. Nothing in this chapter shall prohibit the establishment of special regulations for specific nonconformities regulated by other sections of the Medina Municipal Code. 20.36.030 Establishment of a legal nonconformity. A party asserting the existence of a lawfully established nonconforming lot, structure or use of land has the burden of proof that the lot, structure or use of land was not substandard in meeting the development regulations in effect at its creation. 20.36.040 Nonconforming lots. The following shall apply to all nonconforming lots: Attachment A A. A nonconforming lot may be developed and used in the same manner as a conforming lot provided that the lot development or use complies with applicable development regulations (other than those involving lot area, lot width, street frontage, or similar dimensional standards applicable to lots) or a variance from applicable development regulations is granted. B. Modifications to the area and/ or dimensional standards of a nonconforming lot are permitted provided a modification does not increase nonconformity or create new nonconformity (example of increasing the nonconformity: taking an existing substandard lot area and making it smaller). C. A government agency may lawfully modify a lot in a manner that would result in nonconformity, if the modification is for the purpose of acquiring property for a public use or purpose, or is permitted otherwise by law. 20.36.050 Nonconforming uses. The following shall apply to all nonconforming uses: A. Any legally established nonconforming use may continue until such time that the rights for the nonconforming use are abandoned pursuant to MMC 20.36.050(C). B. A nonconforming use may not be expanded nor may the structure containing a nonconforming use be enlarged, except as provided for existing nonresidential uses in MMC 20.30.030. C. A nonconforming use shall be determined abandoned and all rights to the nonconforming use lost if: 1. The use is changed; or 2. The use is discontinued for a period of six consecutive months or more; or 3. The use is discontinued for a total of six months or more during a 12 consecutive month period; or 4. A structure housing a nonconforming use experiences substantial destruction or reconstruction, except as provided for in MMC 20.36.050(D). D. A structure housing a nonconforming use, or used in support of a nonconforming use, that experiences substantially destruction or reconstruction may have the nonconforming use continued provided: 1. The substantial destruction and/ or reconstruction is the result of a fire or other casualty not intentionally caused by any owner or tenant of the property, and a complete building permit application is filed with the City within six months of such fire, natural disaster, or casualty event; or 2. The nonconforming use is eligible for, and the property owner obtains, approval for a Non-administrative Special Use Permit pursuant to the use table in MMC 20.21.030 and MMC 20.72.010, or a Non-administrative Conditional Use Permit pursuant to MMC 20.30.030 and MMC 20.72.010. 3. The Director may grant up to a six month extension of the time limitation set forth in MMC 20.36.050(D)(1) provided: a. The property owner requests the extension in writing prior to the expiration of the time limitation; and b. The property owner demonstrates extenuating circumstances not of the property owners own making that delay submission of a building permit application, such as resolution of an insurance claim. E. Ordinary maintenance and repair of a structure housing a nonconforming use, such as painting or plumbing repair, shall be permitted provided: 1. The work is to maintain safe and sanitary conditions and does not enlarge or expand the structure; and Attachment A 2. The work does not result in substantial destruction or reconstruction. F. A nonconforming use shall not be changed to another nonconforming use. 20.36.060 Nonconforming structures. The following shall apply to all nonconforming structures: A. Any legally established nonconforming structure may continue until such time that the rights for the nonconformity are abandoned pursuant to MMC 20.36.070(D). B. Where multiple structures exist on the same lot, the requirements of this section shall apply to each structure independent of the other structure on the same lot; except where the nonconformity is due to exceeding the applicable structural coverage maximum, the requirements of this section shall apply to the combined structural coverage of all structures on the same lot as if they were one structure (example: a nonconforming structural coverage for a single-family dwelling and a detached garage would be considered abandoned if the total exterior walls of the single-family dwelling plus the exterior walls of the detached garage were demolished consistent with the threshold established in MMC 20.36.060(D)). C. A nonconforming structure may be enlarged, expanded, extended, repaired, remodeled, or structurally altered provided the work does not increase the nonconformity as specified in MMC 20.36.060(G), except nonconformity may be increased if: 1. A minor deviation is approved pursuant to Chapter 14.08 MMC to match an existing nonconforming setback or nonconforming height; or 2. An intrusion into a setback, or additional structural coverage exceeding the zoning maximum, is determined by the City to be (i) reasonably necessary and (ii) the minimum necessary to improve access for elderly or disabled persons. D. Except as provided for in MMC 20.36.060(F), a nonconforming structure shall be determined to have its nonconformity abandoned and all nonconforming rights lost where: 1. Any single-family dwelling, or any detached accessory building associated with a single-family dwelling, experiences substantial destruction; or 2. A structure, not listed in MMC 20.36.060(D)(1), experiences either substantial destruction or reconstruction. E. Where the rights to a nonconforming structure have been abandoned, continuation of the nonconformity shall cease and any subsequent repair, remodel, alteration, or rebuilding shall require the entire structure to be brought into compliance with all development regulations in effect. F. A nonconforming structure that experiences substantial destruction or reconstruction may maintain the condition of nonconformity provided that: 1. The substantial destruction and/ or reconstruction is the result of a fire, natural disaster or other casualty not intentionally caused by any owner or tenant of the property, and a complete building permit application is filed with the City within six months of such fire or casualty event; or 2. The nonconforming structure, or portion thereof, was declared to be unsafe by the City’s Building Official, and the property owner submits an application for a building permit to reconstruct within six months of said determination. 3. The Director may grant up to a six month extension to the time limitation set forth in MMC 20.36.060(F)(1) and (2) provided: a. The property owner requests the extension in writing prior to the expiration of the time limitation; and Attachment A b. The property owner demonstrates extenuating circumstances not of the property owners making that delay submission of a building permit application, such as resolution of an insurance claim. 4. In addition to the provisions set forth in MMC 20.36.060(F)(1) and (2), an existing single-family dwelling, accessory patio and/ or accessory deck, not complying with a zoning setback may experience substantial destruction or reconstruction while preserving the right to the existing nonconforming zoning setback provided: a. The replacement dwelling, patio or deck is reconstructed within the footprint of the existing structure; and b. Any expansion of the footprint, including any addition to the dwelling, or adding a cover to an uncovered patio or deck, shall conform to the setbacks prescribed by this title; and c. A complete application for a building permit to construct a new dwelling, deck or patio is submitted within six months following substantial destruction or reconstruction of the structure; and d. A patio not requiring a building permit is replaced immediately following reconstruction. G. A nonconforming structure that is enlarged, expanded, extended, repaired, remodeled, or structural altered shall comply with the following: 1. All applicable development regulations including, but not limited to zoning and building; 2. The work shall not add any new structure size or area to those parts of the existing structure that is the cause of the nonconformity as shown in Figure 20.36.060, unless otherwise allowed by law; 3. Upper level additions to a structure, where the total structural coverage on the lot the structure is located exceeds the maximum structural coverage allowed on the lot, are permitted provided: a. The total footprint of the upper level including modifications does not exceed the maximum structural coverage prescribed for the lot; and b. The maximum height of the structure shall be limited as follows: i. If the structure is located in the R-20, R-30 or SR-30 zone, the maximum height of the structure shall be the lower of 25 feet above original grade or 28 feet above finished grade as measured pursuant to MMC 20.23.060(C); or ii. If the structure is located in a zone other than those set forth in MMC 20.36.060(G)(3)(b)(i), the maximum height shall be pursuant to the height standards prescribed by the zone where the structure is located; Figure 20.36.060 Making Up the Nonconformity Setback: Setback Area Part of Building in Setback Area* Attachment A Structural Coverage: Height: *Part of Structure Causing the Nonconformity 20.36.070 Nonconforming signs. Refer to MMC 20.30.020 for regulations pertaining to nonconforming signs. 20.36.080 Unlawful uses and structures. A. Uses and structures that did not comply with applicable development regulations in effect at the time of its establishment are determined illegal and subject to enforcement as prescribed by law. B. Nothing in this Chapter shall be interpreted as granting any right to continue occupancy of property containing an illegal use or structure. C. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use and/ or structure. 20.36.090 Abatement of public nuisance. Regardless of any provisions in this Chapter, any nonconformity found to be a public nuisance, pursuant to Chapter 8.04 MMC, shall be terminated. Total Structural Coverage Allowed Part of Building Exceeding Maximum Structural Coverage Allowance* Maximum Height Part of Building Exceeding Maximum Height* Attachment A Chapter 20.37 Wireless Communication Facilities Sections: 20.37.010 Purpose. 20.37.020 Nondiscrimination. 20.37.030 Applicability. 20.37.040 Licensed amateur (HAM) radio. 20.37.050 Permitted locations. 20.37.060 Parks and Public Places zoning – limitations. 20.37.070 Site requirements – outside of City rights-of-way. 20.37.080 Site requirements – City rights-of-way. 20.37.090 Security fencing. 20.37.100 Concealment. 20.37.110 Co-location. 20.37.120 Non-administrative special use permit required. 20.37.130 Application submittal requirements. 20.37.140 Requirement to demonstrate need for facility. 20.37.150 Radio frequency standards. 20.37.160 Assignment of subleasing. 20.37.170 Maintenance required. 20.37.180 Abandoned facilities. 20.37.010 Purpose. The purpose of this chapter is to establish design, permitting, and placement standards for wireless communication facilities that: A. Provides adequate wireless communication coverage to the residents of the City, the traveling public, and others within the City’s jurisdiction; B. Ensures wireless communication facilities are consistent with the residential character of the City; C. Establishes development standards for wireless communication facilities that are least intrusive and take into account the scale (height and mass), proximity to each other, and the informal landscaping that contribute to the distinctive setting of the community; D. Maximizes the use of any support structure and existing suitable structures and buildings in order to reduce the need to construct or install new support structures; and E. Protect the public health, safety and welfare. 20.37.020 Nondiscrimination. The Federal Telecommunication Act (FTC) provides that the City shall not unreasonably discriminate among providers of functionally equivalent services. 20.37.030 Applicability. A. The provisions of this chapter shall apply to all new and expansion and/or alteration of wireless communication facilities located within the boundaries of the City, except for the following: 1. Those facilities used for the primary purpose of public safety by a public agency, such as police, and 911 communications systems; 2. Incidental use of a support structure exempts under MMC 20.37.030(A)(1) by non- public entities for the attachment of antennas and ancillary facilities; 3. Wireless radio utilized for emergency communications in the event of a disaster; Attachment A 4. An antenna that is designed to receive television broadcast signals; 5. An antenna for receiving and sending of amateur radio devices or HAM radios provided the criteria in MMC 20.37.040 are satisfied; 6. An antenna that is one meter or less in diameter or diagonal measurement, which is designed to receive direct broadcast satellite services, including direct-to-home satellite services and those subject to MMC 20.32.060; 7. An antenna that is one meter or less in diameter or diagonal measurement, which is designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services. B. It is the express intent of the City to impose all regulations in this chapter to all land within the City, whether publicly or privately held including private property, City property, state-owned right-of-way, and/ or church property, utility property and school property. 20.37.040 Licensed amateur (HAM) radio. Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt from the requirements of this chapter provided: A. The height of the antenna, including any tower, does not exceed the maximum zoning height applicable to the property; B. The radio is owned and operated by a federally licensed amateur radio station operator, or is used exclusively for “receive only” antenna; C. No lights of any kind shall be attached to, and no direct or indirect means of artificial illumination shall be employed, on the antenna or tower; D. Concealment pursuant to MMC 20.37.100 shall be incorporated into the antenna and tower to the extent allowed under the requirements set forth by the Federal Aviation Administration (FAA); E. Towers shall not be located within any setback areas and must be placed a distance from all property lines and existing residential structures equal to, or greater than, its height (not including the antenna); F. No signs shall be permitted except as required by federal regulations, where such a sign shall be limited to one in quantity and no larger than 8 ½ inch by 11 inches; G. The tower shall not be used for commercial purposes; and H. Towers must meet all applicable state and federal statues, rules and regulations, including obtaining a building permit from the City, if necessary. 20.37.050 Permitted locations. Wireless communication facilities may be permitted at the following locations: A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a nonresidential use identified in the Land Use Inventory set forth in the Medina Comprehensive Plan; and B. Properties zoned Neighborhood Auto and Primary State Highway; and C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC 20.37.060; and D. All opened and un-opened City rights-of-way, regardless of the underlying zoning district. E. All other locations within the City’s jurisdiction are prohibited. Attachment A 20.37.060 Parks and Public Places zoning – limitations. A. Wireless communication facilities are prohibited in all portions of City parks, except: 1. Those portions of Fairweather Nature Preserve which are non-forested and adjacent to the state highway right-of-way; 2. Ancillary facilities placed within the interior of a City-owned building; and 3. Antennas mounted on the exterior of City-owned buildings. B. The determination of whether to allow or not allow the placement of wireless communication facilities within City parks shall be governed by the provisions set forth in Chapter 19.08 MMC, and such policies, procedures, or regulations adopted by the City Council relating to the leasing of City property. 20.37.070 Site requirements – outside of City rights-of-way. The following site requirements shall apply to wireless communication facilities that are located pursuant to MMC 20.37.050(A), (B), and (C). A. An antenna and ancillary facility may use an existing nonresidential building as a support structure provided that: 1. Only one of the following may be mounted on the building: a. One tubular panel antenna; b. One whip antenna; or c. One non-reflective parabolic dish antenna not more than one-foot in diameter. 2. More than one antenna may be mounted on the same nonresidential building when: a. The added antenna is for the purpose of co-location as prescribed by MMC 20.37.110 provided each telecommunication carrier shall be limited to only one antenna on the same nonresidential building; and/ or b. The added antenna is for a Global Positioning System (GPS) antenna less than 12 inches at its greatest dimension. 3. Ancillary facilities may be located on- or off-site and shall be placed within the interior of an existing nonresidential building or an equipment housing structure. This provision shall not apply to conduit or cabling for power and/ or data. 4. The maximum height of the wireless communication facility, including the height of the antenna, shall not exceed the lower of a height of 35 feet above finished or original grade, whichever is lower, or: a. Six feet, eight inches, measured to the top of a tubular antenna above the roof proper at the point of attachment; b. Ten feet measured to the tip of whip antenna above the roof proper at the point of attachment; c. Five feet measured to the top of a parabolic dish above the roof proper at the point of attachment. 5. Wireless communication facilities, except for security barriers, shall be set back a distance of at least 500 feet from the property line of all residential properties, except when located in an existing non-residential building, the existing setbacks of the non- residential building shall apply. 6. In addition to the provisions prescribed by this subsection, if a support structure is attached to an existing nonresidential building, the provisions set forth in MMC 20.37.070(B) shall apply where applicable. 7. Concealment consistent with MMC 20.37.100 is incorporated to minimize visual impacts and provide appropriate screening. 8. Buildings containing a residential occupancy as defined by the building code shall not be utilized as a support structure. Attachment A B. An antenna may be mounted to a support structure such as a lattice tower, monopole and similar freestanding structures provided that: 1. The support structure shall be designed and placed on the site in a manner that uses existing trees, mature vegetation, and existing structures to: a. Screen as much of the total facility from prevalent views; b. Provide background in a manner that the total facility blends to the maximum extent feasible into the background with increased sight distances; and c. Integrates the existing trees and mature vegetation to the maximum extent feasible with concealment requirements. 2. The maximum height of the wireless communication facility, including the height of the antenna, shall not exceed 35 feet above original or finished grade, whichever is lower. 3. The maximum height in MMC 20.37.070(B)(2) may be increased up to 80 feet without a variance if: a. The wireless communication facility is located in Fairweather Nature Preserve consistent with MMC 20.37.060(A); and b. The increase in height is the minimum necessary to avoid a significant gap in service coverage on the SR 520 floating bridge; and c. The increase in height supports future co-location on the support structure pursuant to MMC 20.37.110; and d. All other applicable provisions of this chapter are followed. 4. Wireless communication facilities, except for security barriers, shall be set back a distance of at least 500 feet from the property line of all residential properties. 5. Ancillary facilities may be located on- or off-site and shall be placed within the interior of an existing nonresidential building or an equipment housing structure. This provision shall not apply to conduit or cabling for power and/ or data. 6. Concealment consistent with MMC 20.37.100 is incorporated to minimize visual impacts and provide appropriate screening. 20.37.080 Site requirements – City rights-of-way. The following site requirements shall apply to wireless communication facilities that are located pursuant to MMC 20.37.050(D). A. Antennas shall be mounted to an existing utility support structure, except as provided in MMC 20.37.080(E). B. The maximum height of the wireless communication facility shall not exceed the height of the existing utility support structure, except up to 15 additional feet of height may be permitted above the existing utility support structure, without a variance, provided: 1. Either the increase in height is established by the applicant as the minimum necessary to eliminate a significant gap in service coverage, or the increase in height is established by the applicant as the minimum necessary to separate components of the wireless communication facility from the electrical primary lines; and 2. Negative visual impacts on adjacent properties are minimized by incorporating concealment and screening; and 3. The measurement for maximum height of the existing utility support structure shall not include replacements pursuant to MMC 20.37.080(D). 4. The City may at its discretion require an engineering and technical review as part of a process for approval of the height increase. The selection of a qualified person or party to conduct the engineering and technical review shall be at the discretion of the City with the cost of the engineering and technical review to be borne by the applicant. The engineering and technical review shall address the following: a. The accuracy and completeness of the submission; Attachment A b. The applicability of analysis techniques and methodologies; c. The validity of conclusions reached; and d. Any specific engineering or technical issues designated by the City. C. The placement of wireless communication facilities on utility support structures in the City rights-of-way shall be subject to the following requirements: 1. No minimum setback distance from property lines is required; 2. The applicant must demonstrate the selected location, support structure, and wireless communication facilities will have the least intrusive impact on the high- quality residential setting of the community as described in the Medina Comprehensive Plan after considering technical, engineering, and other pertinent factors. 3. Utility support structures containing wireless communication facilities owned and/ or operated by the same entity or person, or by entities or persons having common ownership or control, shall be separated by a distance of at least 750 feet, or by a distance where no additional wireless communication facilities are visible within the view-shed of the subject pole, whichever distance is less. a. Distance shall be measured in a straight line between the bases of the subject poles. b. This subsection shall not be construed as granting an exclusive right to any person or entity that would exclude competitors from locating wireless communication facilities in the City rights-of-way. The minimum distance required for separation shall not be applied between wireless communication facilities that are functionally separate and owned and/ or operated by different entities having no common ownership or control. 4. Antennas shall meet the following requirements: a. Antennas mounted on top of a utility support structure shall not extend outside of the circumference of the pole as measured at the base, except: i. Antennas placed inside of a shroud may extend outside the circumference of the pole provided the diameter of the shroud does not exceed 1.25 multiplied by the diameter of the pole as measured at the base; or ii. Omni-directional antennas not exceeding four inches in width with a volume of 905 cubic inches or less each may be mounted on a single cross arm attached to the pole provided each antenna is separated from the nearest antenna by a horizontal airspace distance of at least three times the width of the larger antenna. b. Antennas mounted to the side of a utility support structure shall: i. Not have the furthest point of any antenna (including mounting brackets) extend more than one-foot outside of the circumference of the pole measured at the point of attachment, except: ii. Omni-directional antennas may be mounted on a cross arm subject to the limitations set forth in MMC 20.37.080(C)(4)(a)(ii). c. More than one antenna may be mounted to a utility support structure. d. Concealment is incorporated pursuant to MMC 20.37.100. 5. Conduit required for power and cabling attached to the outside of a utility support structure shall be limited to four inches in diameter per conduit and the total combine diameter of conduit for all wireless communication users at any individual location shall not exceed 16 inches. 6. The hearing examiner may approve deviations from the standards in MMC 20.37.080(B), 20.37.080(C)(3),(4) and (5), and MMC 20.37.080(E) under a Non- administrative Special Use Permit provided the applicant can demonstrate the deviation will satisfy the following criteria: Attachment A a. There exists an actual (not theoretical) significant gap in service coverage; b. The proposed deviation will be designed and located to remove the significant gap in service coverage in a manner that is, in consideration of the values, objectives, and regulations set forth in this chapter, including MMC 20.37.080(C)(2), the zoning code, and the comprehensive plan, the least intrusive upon the surrounding area; c. The granting of the deviation will not be detrimental to the public welfare; d. The proposed least intrusive deviation is the minimum deviation necessary to resolve the significant gap in service coverage; e. No other less intrusive and feasible, alternative technologies, existing support structures, or alternative sites are available that will allow the applicant to resolve the significant gap in service coverage without a deviation from the standard. 7. Ancillary facilities may be located on- or off-site and shall be placed within the interior of an existing nonresidential building or an equipment housing structure. This provision shall not apply to conduit or cabling for power and/ or data. 8. Concealment, consistent with MMC 20.37.100, is incorporated to minimize visual impacts and provide appropriate screening. 9. The purpose statements set forth in MMC 12.32.010 for structures in the unimproved portions of the public’s right-of-way are applied as applicable. D. For purposes of MMC 20.37.080(A), an existing utility support structure shall include a utility pole that replaces an existing utility pole provided: 1. The replacement is consistent with standard utility pole replacement practices for maintenance or emergencies; or 2. The replacement is for the purpose of accommodating additional wireless communication facilities provided the diameter width of the replacement is not more than 1.5 multiplied by the diameter of the base of the existing pole; or 3. The replacement is for the purpose of accommodating street improvements required by the City; and 4. Except for MMC 20.37.080(D)(3), the replacement pole shall not be moved more than ten feet from the location of the existing pole (measured from the pole center point of the existing and new pole location). E. When an existing utility support structure is unavailable due to utilities being located underground, an alternative support structure may be approved by a Non-administrative Special Use Permit provided: 1. Placement is consistent with the provisions set forth in MMC 20.37.080(C); 2. The height of the wireless communication facility does not exceed a height of 45 feet above the existing grade, except within the Neighborhood Character Preservation District Overlay the maximum height shall be the lower of: a. Thirty-five feet above the existing grade; or b. The elevation at the highest point of the roof of the nearest single-family dwelling located on the higher elevation side of the support structure. 3. The wireless communication facility is designed in accordance with the following: a. The antenna and ancillary facilities are incorporated into the interior of the support structure or concealed so as not to be visible from any City street or surrounding neighborhood properties; and b. The support structure is disguised to appear as a decorative or attractive architectural or natural feature, such as a decorative street light, artwork, tree, bush, or similar feature. c. Concealment, consistent with MMC 20.37.100, is incorporated to minimize visual impacts and provide appropriate screening. Attachment A 20.37.090 Security barrier. If a security barrier is installed that includes a fence, wall or similar freestanding structure, the following shall apply: A. The height of the structure shall not exceed six feet measured from the point of existing or finished grade, whichever is lower at the exterior side of the structure to the highest point of the structure. B. A sight-obscuring vegetated landscaped barrier shall be installed and maintained to screen the structure and facilities from adjoining properties and City rights-of -way. 1. Placement of landscape vegetation shall include areas outside of the barrier and shall obscure the site within 12 months. 2. Landscaping and the design of the barrier shall be compatible with other nearby landscaping, fencing and freestanding walls. C. If a chain-linked fence is used, it shall be painted or coated with a non-reflective color. D. The limitations set forth for walls and fences in MMC 20.30.010 shall apply. The limitation for a chain-link fence shall not apply if the wireless communication facility is located in the City rights-of-way. 20.37.100 Concealment. All wireless communication facilities must incorporate concealment techniques consistent with this section that screen, hide, or disguise facilities in a manner that makes them visually inconspicuous to the extent technically feasible to surrounding properties and City streets. A. For building mounted installations the following concealment techniques must be applied: 1. Screening materials matching color, size, proportion, style, and quality with the exterior design and architectural character of the structure and the surrounding visual environment; 2. Antennas must be mounted inside of the building or behind screening whenever possible; 3. Ancillary facilities, except conduits or cabling for power and/ or data, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment housing structure, meeting the requirements set forth in MMC 20.37.100(D); 4. Other techniques that prevent the facility from visually dominating the surrounding area. B. For support structure mounted installations, such as a lattice tower, monopole and similar freestanding structures, the following concealment techniques must be applied: 1. All components associated with the wireless communication facility mounted on the exterior side of the structure shall be painted to match the predominant color of the support structure; 2. The support structure shall be painted in a non-reflective color that matches the predominate visual background and/ or adjacent architecture so as to visually blend in with the surrounding development; 3. In certain conditions, such as locations that are readily visible from a large number of residential properties or public spaces, the City may require additional concealment such as disguising the support structure to appear as an attractive architectural or natural feature; 4. Ancillary facilities, except for conduits or cabling for power and/ or data, must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment housing structure, meeting the requirements set forth in MMC 20.37.100(D); Attachment A 5. Other techniques that prevent the facility from visually dominating the surrounding area. C. For utility support structure installations the following concealment techniques must be applied: 1. Except for antennas mounted on top of a pole, all components associated with the wireless communication facility mounted on the exterior of the pole shall be painted to match the predominant color of the pole or utility attachments to the pole; 2. Antennas mounted on top of the pole may be painted to match the pole, or may be painted to blend into the background; 3. Ancillary facilities, except conduits or cabling for power and/ or voice, video, or data lines must be concealed by locating the equipment inside an existing nonresidential building, or in an equipment housing structure, meeting the requirements set forth in MMC 20.37.100(D); and 4. Other techniques that prevent the facility from visually dominating the surrounding area. D. Equipment housing structures shall employ the following concealment techniques: 1. Except as provided for in MMC 20.37.100(D)(2), equipment housing structures shall be placed underground and subject to the following: a. Up to five inches may be located above the finished or original grade, whichever is lower; b. All visible portions of the structure shall be screened from the view of neighboring properties and public places by dense vegetation approved by the City; and c. The location of the facility must not interfere with existing uses of public land 2. Up to two small equipment housing structures containing ancillary facilities may be mounted to the outside of a support structure provided: a. It is not technically or economically feasible to locate ancillary facilities within the interior of the support structure; b. Each equipment housing structure shall not exceed 4.5 cubic feet in volume, nor protrude more 18 inches as measured perpendicular from the tangent point or surface where the equipment housing structure attaches to the support structure; and c. A minimum clearance of ten feet is maintained between the bottom of the equipment housing structure and the ground or sidewalk below. 20.37.110 Co-location. A. An applicant shall, to the extent commercially reasonable, cooperate with owners of existing wireless communication facilities in co-locating additional antennas on support structures. B. Applicants shall demonstrate that they have made a good-faith effort to co-locate with other support structures currently used for wireless communication facilities, and that no commercially reasonable co-location opportunities that meet the requirements of this code are available. C. An applicant shall be considered to have demonstrated a good-faith effort when they can demonstrate that: 1. No existing or approved (but not built) support structures are available within the service area meeting the applicant’s engineering requirements; 2. No existing support structures are available which provide or may be practically modified to provide sufficient height to meet the applicant’s engineering requirements; Attachment A 3. No existing support structures are available which provide or may be practically modified to provide sufficient structural strength to support the applicant’s proposed antenna and related equipment; and 4. The applicant’s proposed antenna would cause electromagnetic interference with existing antennas on the support structure, or the existing antennas would cause electromagnetic interference with the applicant’s antenna if it is located on the support structure when properly maintained and operated according to applicable law and manufacturer’s guidelines. 5. Other limiting factors are present that render existing support structures unsuitable. D. In the event a dispute arises as to whether an applicant has exercised good-faith in determining co-location opportunities, the City may at its discretion require an engineering and technical review, at the applicant’s sole cost and expense, as part of a process for approval of the height increase pursuant to MMC 20.37.080(B)(4). E. Failure to comply with the co-location requirements of this section may result in the denial of an application or revocation of an existing permit. F. The City may require new support structures to be constructed so as to accommodate future co-location, based on expected demand for support structures in the service area, provided this requirement would not cause the application to be rejected by the City. 20.37.120 Non-administrative special use permit required. Approval of a Non-administrative Special Use Permit is required for all wireless communication facilities pursuant to MMC 20.72.010. A. An approved Non-administrative Special Use Permit shall become null, void and nonrenewable if the wireless communication facility is not constructed within one year of the date the decision on the Non-administrative Special Use Permit becomes final. B. The Director may grant a six-month extension, if construction has commenced before expiration of the one year deadline and an extension fee is paid prescribed by the City’s fee schedule. C. The applicant shall maintain the facility to the standards that may be imposed by the Non-administrative Special Use Permit. D. In addition to the Non-administrative Special Use Permit, construction permits and construction mitigation may also apply. E. The requirement for a Non-administrative Special Use Permit shall not apply to routine maintenance, repair and replacement of wireless communication facilities provided: 1. A Non-administrative Special Use Permit has previously been approved for the wireless communication facility; and 2. The repair and maintenance work excludes changes in height or dimensions of antennas, towers, or buildings; and 3. Any change of antennas has the same area or less than those removed and the replacement antennas are compliant with the requirements of the Non-administrative Special Use Permit and this code, including by way of example and not limitation, requirements for concealment. F. The placement of additional electronic equipment within an approved equipment housing structure shall not require a Non-administrative Special Use Permit provided there is no expansion of the equipment housing structure. G. If a Non-administrative Special Use Permit is for the transfer of ownership or lease and involves no physical changes to the appearance of the wireless communication facility, and the transfer will not modify the conditions of approval prescribed by the Non- administrative Special Use Permit, the Director may approve the Non-administrative Special Use Permit as a ministerial decision without the requirement of new noticing. Attachment A 20.37.130 Application submittal requirements. In addition to other submittal requirements prescribed by code, all applications for wireless communication facilities shall include at least one original and four copies, unless specified otherwise, of the following information. A. A copy of the FCC license and any other applicable licenses applicable to the intended use of the wireless communication facilities. B. A complete description of the proposed facility, including preliminary or conceptual drawings showing dimensions and other relevant information in which to evaluate the facility’s compliance with this chapter. All plans shall include the maximum build-out of the proposed facility as anticipated by the applicant at the time of the application. C. Maps showing the coverage area of the proposed facility and explanation of the need for that facility. This includes documentation demonstrating a need for the facility pursuant to MMC 20.37.140. D. Area map showing the service area and the location of all sites currently operated by the applicant and the carrier provider within the City and a one-mile radius from the City boundaries. Information on each site’s targeted area and capability of providing service shall be included. E. An evaluation of the view-shed including, but not limited to: 1. A diagram or map showing the view-shed from a site plan perspective; 2. Photo simulations with graphics showing the views and appearance of the components of the wireless communication facility before and after installation; and 3. The views shall be shown from at least four points, which are mutually agreed upon by the Director and the applicant, within the impacted vicinity. F. A site and landscaping plan showing: 1. The location of all existing and proposed wireless communication facilities on the site; 2. Existing structures, trees and other significant site features; 3. Information on the proposed vegetative planting; and 4. Information on the proposed concealment that will be employed. G. Documentation demonstrating compliance with non-ionizing electromagnetic radiation (NIER) emissions standards adopted by the Federal Communication Commission. H. Documentation showing that the proposed facility will not cause interference with other wireless communication facilities and telecommunication devices. I. Signed statements indicating the following: 1. The applicant agrees to allow for the potential co-location of additional wireless communication facilities by other providers on the applicant’s structure or within the same site location: a. Provided all safety and structural requirements are met; and b. Any future owners or operators will allow co-location. c. If the applicant does not own the support facility, a consent agreement by the owner is required granting access to other users for the same structure or facility. 2. The applicant agrees to remove the wireless communication facility within 90 days after that site’s use is discontinued J. A lease agreement with the landholder, or franchise agreement if in a right-of-way, that: 1. Allows the landholder to enter into leases with other providers; and 2. Specifies that if the applicant fails to remove the facility upon 90 days of its discontinued use, the responsibility for removal falls upon the landholder. K. Application permit fee set forth in the fee schedule. Attachment A 20.37.140 Requirement to demonstrate need for facility. A. All applicants are required to demonstrate a need and submit satisfactory evidence that the wireless communication facility is designed for and will provide personal wireless services primarily for residents of Medina and/ or visitors within the City’s jurisdiction. Wireless communication facilities may be designed to provide personal wireless services for people outside of the City limits provided that satisfactory evidence is provided that the facility is needed to complete a regional network. B. In demonstrating need for the facility; the applicant must provide satisfactory evidence that: 1. They are a carrier of personal wireless services, or the applicant has a binding agreement with one or more carriers who provide personal wireless services; and 2. The types of facilities chosen are the least intrusive on the residential setting of the community. C. To demonstrate need, the applicant must provide information that documents the following: 1. The need for the carrier providing the personal wireless services to complete a network of local or regional services; 2. The inability of the carrier providing the personal wireless services to provide personal wireless services to Medina residents and/ or visitors using other facilities, either existing or planned that are inside and outside of the City limits; 3. The inability of the carrier providing the personal wireless services to fulfill the need for the facility with other sites available outside of the City limits; and 4. How the types and location chosen for the wireless communication facility needed in completing a local or regional network for personal wireless services are the least intrusive upon the surrounding area. D. Documentation shall include propagation studies and maps that support the need for the wireless communication facility. If capacity is included in demonstrating need, documentation must include usage and forecasted or present blockage, call volume, drive-test data results including date of test, location of tests, signal strength results, and any other technically pertinent information that supports a need for the wireless communication facility. 20.37.150 Radio frequency standards. A. The wireless communication facility shall comply with federal standards for radio frequency emissions. As a condition of approving a Non-administrative Special Use Permit, the City may require monitoring reports showing compliance. If after review of a report the City finds that the facility does not meet federal standards, the City may revoke or modify the conditions of the Non-administrative Special Use Permit. B. The applicant shall be responsible to ensure that the wireless communication facility does not interfere with the reception of area television or radio broadcasts. If evidence is found that the wireless communication facility is interfering with such reception, upon receiving written notice from the City, the applicant shall have 60 days to correct the problem, or the City may revoke or modify the special use permit. 20.37.160 Assignment of subleasing. A. A Non-administrative Special Use Permit for a wireless communication facility may not be transferred or assigned to another owner or lessee unless until the assignee obtains a Non-administrative Special Use Permit for the wireless communication facility. Attachment A B. No sublease shall be entered into by a provider until the sub-lessee has obtained a Non- administrative Special Use Permit for its facility. C. An assignee or sub-lessee seeking a permit shall submit all data required for an original permit. 20.37.170 Maintenance required. The applicant shall maintain the wireless communication facility consistent with the provisions of this chapter and any conditions imposed by the Non-administrative Special Use Permit. Such maintenance shall include, but is not limited to, maintenance of the paint, structural integrity and landscaping. If the applicant fails to maintain the facility, the City may undertake the maintenance at the expense of the applicant or may revoke the special use permit pursuant to MMC 1.15.540 for noncompliance with the Medina Municipal Code. 20.37.180 Abandoned facilities. A wireless communication facility that is unused for more than 90 consecutive days is hereby declared abandoned. Abandoned facilities shall be removed no later than 90 days from the date of abandonment. Failure to remove an abandoned facility is declared a public nuisance and is subject to abatement actions and penalties set forth in chapters 1.15 and 8.04 MMC. Attachment A Chapter 20.91 Private Lanes Sections: 20.91.010 Access by private lane authorized. 20.91.020 Easement required. 20.91.030 Minimum construction standards. 20.91.040 Private lane maintenance. 20.91.050 Minimum frontage requirements. 20.91.060 Setbacks. 20.91.070 Number of dwellings permitted. 20.91.080 Private lanes, turnaround. 20.91.090 Access to utilities. 20.91.100 Compliance with International Fire Code. 20.91.010 Access by private lane authorized. Notwithstanding the provisions of this title requiring minimum frontage on a dedicated and improved street, vehicular access may be provided between a lot and a public street via a private lane satisfying the requirements enumerated in this chapter. 20.91.020 Easement required. A. An easement at least 16 feet wide is required extending from the public street to the property line of the lots the private lane provides access too. B. The easement shall be in a form approved by the City, and shall at a minimum provide ingress and egress for vehicular and pedestrian traffic, and may include access for utilities. The easement shall be recorded with the King County auditor’s office and a copy of this recording provided to the City. C. The easement shall include maintenance provisions for maintaining the private lane. 20.91.030 Minimum construction standards. A. The driving surface of a private lane shall be constructed of all-weather surface materials such as concrete or asphalt and shall include drainage facilities meeting the requirements in Chapter 13.06 MMC. The design of the roadway shall support emergency vehicle access and must be approved by the Director. B. The minimum width of the roadway surface shall be 12 feet, unless a greater width is required for emergency vehicle access. C. The applicant for a building permit on a site proposed to be served by a private lane shall post a bond or a construction completion agreement satisfactory to the city assuring compliance with these construction standards. D. Turnouts may be required, 50 feet in length, with a total pavement width of 16 feet wherever deemed necessary by the City Engineer due to topography, lot configuration or other factors affecting public safety. E. Provided that a private lane was in existence that met the required construction standards prior to the amendments contained in Ordinance No. 663, a property owner seeking a permit to develop his property shall only be required to improve that portion of the private lane which is on his property to the extent necessary to meet the revised standards. Attachment A 20.91.040 Private lane maintenance. All owners of property containing a private lane shall be responsible to keep the full width of the paved surface area clear of vegetation, parked vehicles or other obstructions which impair access of emergency vehicles. This provision shall also apply to any turnaround located on the property. 20.91.050 Minimum frontage requirements. A. In lieu of the minimum street frontage requirements set forth in Table 20.22.020, lots on a private lane shall have the following minimum frontage adjoining the private lane: 1. In the R-16 zoning district, 70 feet; 2. In the R-20 zoning district, 70 feet; 3. In the R-30 zoning district, 90 feet. B. The other provisions for street frontage in MMC 20.22.020(C) shall apply to private lanes. 20.91.060 Setbacks. In addition to all other setbacks required by the Medina Municipal Code, all buildings and structures shall be setback at least 10 feet from the interior easement line of any private lane. 20.91.070 Number of dwellings permitted. A maximum of nine lots may be served by any one private lane. Where a lot abuts a public street and a private lane, the private lane shall be used for access in order to reduce the number of accesses on a public street. 20.91.080 Private lanes, turnaround. The terminus of private lanes shall be provided with a turnaround suitable for emergency vehicles, the plan of which must be approved by the city engineer and fire official based on the fire apparatus access road requirements set forth in Chapter 20.40 MMC. 20.91.090 Access to utilities. No building permit shall issue upon a building site created by a division of land, any portion of which is to be qualified for building with access via private lane, unless access to utilities adjacent to the land divided is assured each building site by suitable easement or covenant running with the land. 20.91.100 Compliance with International Fire Code. All residences constructed on private lanes must comply with the International Fire Code as adopted in Chapter 20.40 MMC. Where compliance with the minimum requirements of this chapter for the width of easement and paved services will not result in compliance with the International Fire Code fire apparatus access requirements, additional or alternative fire safety features, such as sprinkling, may be required. Attachment B Subtitle 20.7 Permits and Approvals This subtitle contains provisions for permits and approvals applicable to development. The requirements set forth in Chapters 20.70, 20.71 and 20.72 MMC are applied in conjunction with the procedures set forth Chapter 20.80 MMC in establishing the appropriate review procedures and criteria by which permits and approvals are reviewed and decisions rendered. Chapter 20.70 Administrative Approvals 20.70.010 Building permit. 20.70.020 Right-of-way permit. 20.70.030 Construction code of conduct. 20.70.040 Substantial development permit exemption. 20.70.050 Administrative tree removal permit. 20.70.060 Temporary use permit. 20.70.070 Accessory dwelling unit registration. 20.70.010 Building permit. A. Applicant: Any owner may submit an application for a building permit. B. Procedures: Building 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 20.80 MMC. C. Applicability: This section applies to all permits required under Chapter 20.40 MMC (Building Codes). D. Criteria for approval: The codes and standards referenced in Chapter 20.40 MMC and other applicable ordinances and regulations as they currently exist or are hereafter amended set forth the criteria for approving building 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: Building permits shall expire as prescribed in Chapter 20.40 MMC. 20.70.020 Right-of-way permit. A. Applicant: Any owner may submit an application for a right-of-way permit. B. Procedures: Right-of-way permits are processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. C. Applicability: 1. This section applies to uses and activities within the city rights-of-way as prescribed in Title 12 MMC (Streets, Sidewalks and Public Places) requiring a right-of-way permit; and 2. The Decision Authority may waive the requirement for a right-of-way permit for work performed by employees of the city, or by any contractor of the city performing work for and on behalf of the city. D. Criteria for approval: The codes and standards referenced in Chapters 12.04 through 12.12 MMC, and MMC 12.32 MMC, and other applicable ordinances, regulations as they currently exist or are hereafter amended set forth the criteria for approving right-of-way permits. E. Conditions of approval: The Decision Authority may attach such conditions as reasonably necessary to safeguard the public health, general welfare, and safety. Attachment B F. Expiration: A right-of-way permit shall expire after 12 months from the date of issuance of the permit or upon expiration of a building permit associated with the right-of-way work, whichever occurs later. 20.70.030 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 20.80 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 15.20.010. 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 MMC 20.70.030(B)(2). E. Criteria for approval: The evaluation criteria set forth in MMC 15.20.040 as they currently exist or are hereafter amended constitute the criteria for approving a Construction Code of Conduct. 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. 20.70.040 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 20.80 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 20.60 through 20.67 MMC), WAC 173-27 (Shoreline Management Permit and Enforcement Procedures), and RCW 90.58 (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 Attachment B regulations set forth in the Medina Shoreline Master Program and the Shoreline Management Act. 20.70.050 Administrative tree removal permit. A. Applicant: Any owner may submit an application for an Administrative Tree Removal Permit. B. Procedures: Administrative Tree Removal Permits are processed as a Type 1 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. C. Applicability: This section applies to the removal of significant trees as set forth in Chapter 12.28 MMC. D. Criteria for approval: The criteria for approving an Administrative Tree Removal Permit are those set forth in MMC 12.28.050 and 12.28.060 as they currently exist or are hereafter amended. 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: 1. An Administrative Tree Removal 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 Removal Permit is automatic and notice is not required; and 3. No extension of the time period for the permit is allowed. 20.70.060 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 20.80 MMC. C. Applicability: This section shall apply to those uses authorized as temporary uses pursuant to Chapter 20.35 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 Non-administrative 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; Attachment B 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 20.35.040 and MMC 20.35.050. F. Conditions of approval: The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 20.70.070 Accessory dwelling unit registration. A. Applicability. Any owner installing an Accessory Dwelling Unit (ADU) pursuant to MMC 20.34.020 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 20.80 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 20.34.020; 2. The property owner enters into a written agreement with the City to occupy the primary single-family dwelling, or the ADU pursuant to MMC 20.70.070(D); and 3. The property owner agrees to maintain the ADU in compliance with the requirements in MMC 20.34.020. 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 for occupancy as prescribed in MMC 20.70.070(C)(2); c. The written agreement to maintain the ADU as prescribed in MMC 20.70.070(C)(3); and d. 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 20.34.020. 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 20.80.220 for a Type 1 decision; Attachment B 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. Attachment B Chapter 20.71 Administrative Discretionary Approvals 20.71.010 Minor deviation. 20.71.020 Administrative variance. 20.71.030 Administrative special use permit. 20.71.040 Level 1 Tailor Construction Mitigation Plan. 20.71.050 Administrative right-of-way tree trimming/ removal permit. 20.71.060 Administrative substantial development permit. 20.71.010 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 20.80 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 b. Requests for departures may include qualifying conditions such as structural coverage bonuses and height bonuses. 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. E. Limitations: A Minor Deviation shall not be approved for the following: a. 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 b. Where the project consists of a building alteration or improvement that was completed at any time within the previous five years; or c. Where the request is to increase the amount of bulk inside a setback area, or above a height limitation, and the lot area of the site is 16,000 square feet or greater. F. Criteria for approval: The Decision Authority may approve a Minor Deviation only if the following criteria are satisfied: Attachment B 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 MMC 20.71.010(D)(1), 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. 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. 20.71.020 Administrative variance. A. Purpose: The purpose of Administrative Variances is to allow minor relief from specific zoning standards. B. Applicant: Any owner may submit an application for an Administrative Variance. C. Procedures: Administrative Variances are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: An Administrative Variance may be granted for the following: 1. Fences and walls less than eight feet in height; or 2. Structural coverage increases provided: a. The increase is for less than one percent of the lot area; and b. If existing structural coverage on the lot exceeds the Zoning Code, the total structural coverage will not exceed the structural coverage increase permitted in MMC 20.71.020(2)(a) plus the lesser amount between the existing structural coverage on the lot and the structural coverage on the lot on the date the structure became nonconforming with regards to structural coverage. E. Criteria for approval: The Decision Authority may approve an Administrative Variance only if the following criteria are satisfied: 1. The variance 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 variance 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; and Attachment B 3. The granting of such variance 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 4. The variance is the minimum necessary to provide reasonable relief. F. Conditions of approval: The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. G. Lapse of approval: 1. An approved Administrative Variance 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 Administrative Variance 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. 20.71.030 Administrative special use permit. A. Purpose: The purpose of Administrative Special Use Permits is to allow certain uses, which by their nature can have an undue impact upon other uses of land, but also by their nature warrant a less cumbersome approval process than a Non-administrative Special Use Permit. B. Applicant: Any owner may submit an application for an Administrative Special Use Permit. C. Procedures: Administrative Special Use Permits are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: This section shall apply to uses and activities listed or referenced as requiring an Administrative Special Use Permit. E. Criteria for approval: The Decision Authority may approve an Administrative Special Use Permit only if the following criteria are satisfied: 1. The use is compatible with and meets the spirit of the comprehensive plan; 2. The use is designed to minimize detrimental effects on neighboring properties; 3. The use satisfies all requirements specified for the use; 4. The use complies with all applicable zoning and development standards and requirements; and 5. The use will have no materially detrimental effects on neighboring properties due to excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties. F. Conditions of approval: The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. G. Lapse of approval: 1. An approved Administrative Special Use Permit 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 Administrative Special Use Permit 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. Attachment B 20.71.040 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 20.80 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 15.20 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 MMC 20.71.040(C)(2). F. Criteria for approval: The criteria for approval of a Level 1 Tailored Construction Mitigation Plan are those set forth in MMC 15.20.040, 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. 20.71.050 Administrative right-of-way tree trimming/ removal permit. A. Purpose: The purpose of an Administrative Right-of -way Tree trimming/ Removal Permit is to authorize removal or pruning of trees and vegetative cover consistent with the Medina Tree Code. B. Applicant: Any owner may submit an application for an Administrative Right-of-way Tree trimming/ Removal Permit, subject to the limitation in MMC 20.71.050(E). C. Procedures: Administrative Right-of-way Tree trimming/ Removal Permits are processed as a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: This section shall apply to the following: 1. All trimming, pruning or removal of trees in a city right-of-way, except as provided in MMC 20.71.050(D)(2); 2. The following tree trimming, pruning and removal activity shall be exempt from the requirements of this section: a. Trimming and pruning that: i. Follows ANSI standards; ii. Does not endanger the life of the tree as determined by the City; iii. Limbs being removed do not exceed three inches in diameter; and iv. Not more than 25 percent of the tree canopy is removed consistent with the other criteria in this subsection; b. Removal of trees that pose an immediate danger to life or property, or substantial fire hazard, provided that prior consent by the Director is given; or Attachment B c. Trees rated as hazardous by the City Arborist consistent with the criteria in Chapter 12.28 MMC; d. Any trimming, pruning or removal of trees performed by the city. E. Limitation: Only owners immediately adjacent to the right-of-way area where the subject tree is located may submit for an Administrative Right-of-way Tree trimming/ Removal Permit. F. Criteria for approval: The Decision Authority may approve an Administrative Right-of-way Tree trimming/ Removal 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. Trees defined as significant trees are not removed unless removal is necessary to provide access to a property or removal is for safety purposes (e.g., trees in danger of falling or losing significant limbs, or to provide clear view lines of sight for drivers of motorized vehicles); 5. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC standards 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. G. The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. H. Lapse of approval: 1. An Administrative Right-of-way Tree trimming/ Removal 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 trimming/ Removal Permit is automatic and notice is not required; and 3. No extension of the time period for the permit is allowed. 20.71.060 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. 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 20.80 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: Attachment B 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 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 MMC 20.71.060(D)(4)(a). E. Additional submittal requirements: In addition to the requirements set forth in MMC 20.80.080, 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; ii. Where the ordinary high water mark is neither adjacent to or 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 (RCW 90.58); Attachment B 2. The proposed development is consistent with the State Shoreline Management Permit and Enforcement Procedures (WAC 173-27); 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 exist 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. Attachment B Chapter 20.72 Quasi-judicial Approvals 20.72.010 Non-administrative special use/ conditional use permit. 20.72.020 Historical use permit. 20.72.030 Variance. 20.72.040 Site plan review. 20.72.050 Reclassification of Zoning. 20.72.060 Reasonable use exception. 20.72.070 Public agency and utility critical areas exception. 20.72.080 Level 2 Tailor Construction Mitigation Plan. 20.72.090 Non-administrative right-of -way tree trimming/ removal permit. 20.72.100 Non-administrative tree removal permit. 20.72.110 Substantial development permit. 20.72.120 Shoreline conditional use permit. 20.72.130 Shoreline variance. 20.72.010 Non-administrative special use permit/ conditional use permit. A. Purpose: The purpose of Non-administrative Special Use and Conditional Use Permits is to allow certain uses which, by their nature, can have an undue impact upon other uses of land within the zoning district, subject to the controls, limitations and regulations of a Non- administrative Special Use Permit/ Conditional Use Permit. B. Applicant: Any owner may submit an application for a Non-administrative Special Use Permit or Conditional Use Permit. C. Procedures: Non-administrative Special Use Permit/ Conditional Use Permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: Uses and activities listed or referenced as requiring a non-administrative special use or a conditional use permit. E. Criteria for approval. The Decision Authority may approve a Non-administrative Special Use Permit or Non-administrative Conditional Use Permit only if the following criteria are satisfied: 1. The use complies with the adopted goals and policies set forth in the comprehensive plan; 2. The use is designed to minimize detrimental effects on neighboring properties; 3. The use satisfies all requirements specified for the use; 4. The use complies with all applicable zoning and development standards and requirements; and 5. The use will have no materially detrimental effects on neighboring properties due to excessive noise, lighting, off-site traffic generation, or other interferences with the peaceful use and possession of said neighboring properties. F. Conditions of approval: The Decision Authority may impose reasonable conditions as necessary to safeguard the public health, general welfare and safety. G. Lapse of approval: 1. An approved Non-administrative Special Use Permit 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 Non-administrative Special Use Permit is automatic and notice is not required; and Attachment B 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. 20.72.020 Historical use permit. A. The purpose of Historical Use Permits is to serve as a mechanism for reestablishing a use on a property where that use had historically existed at one time on the property, but subsequently the rights to the use had ceased. B. Applicant: Any owner may submit an application for a Historical Use Permit. C. Procedures: Historical Use Permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: Uses identified as a historical use requiring authorization to reestablish the use pursuant to Chapter 20.33 MMC. E. Deviations to zoning regulations authorized: Where unnecessary hardships or practical difficulties are created for the historical use by application of specific zoning regulations, deviations from the specific zoning regulation may be granted under the approval of a Historical Use Permit. F. Criteria for approval: The Decision Authority may approve a Historical Use Permit only if the following criteria are satisfied: 1. The applicant demonstrates that the use was an established use on the date the city incorporated; 2. The use will not have materially detrimental effects on neighboring properties due to excessive noise, lighting or other interference with the peaceful use and possession of said neighboring properties; 3. The use has been designed to minimize adverse effects on neighboring properties, taking into account the historical use of the property; and 4. If a deviation pursuant to MMC 20.72.020(E) is requested, approval of the deviation must relate to the use of the land or to structures containing the historical use. G. Conditions of approval: The Decision Authority may impose reasonable conditions as necessary to safeguard the public health, general welfare and safety. H. Lapse of approval: 1. An approved Historical Use Permit 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 Historical Use Permit 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. 20.72.030 Non-administrative variance. A. Purpose: The purpose for a Non-administrative Variance is to provide property owners relief from certain provisions of this title where conditions justify such relief on a case-by-case basis. B. Applicant: Any owner may submit an application for a Non-administrative Variance. C. Procedures: Non-administrative Variances are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: Circumstances where relief from a dimensional standard is sought subject to the limitation set forth in MMC 20.72.030(E). E. Limitations: Attachment B 1. Non-administrative Variances may be granted where the application of a dimensional standard would result in an unusual or unreasonable hardship due to physical characteristics of the site; 2. Evidence of other variances granted under similar circumstances shall not be considered in the granting of a Non-administrative Variance; and 3. No variance shall be granted for any of the following: a. To alter any definition or interpretation of this title; b. To alter any provision establishing a use within a zoning district; or c. To alter any procedural provisions. F. Criteria for approval: The Decision Authority may approve a Non-administrative Variance only if the following criteria are satisfied: 1. The variance 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 variance 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; and 3. The variance is necessary to relieve a material hardship that cannot be relieved by any other means such that the material hardship must relate to the land itself and not to problems personal to the applicant; and 4. The granting of such variance 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 5. The variance is the minimum necessary to provide reasonable relief. G. Conditions of approval: The Decision Authority may attach reasonable conditions to safeguard the public health, general welfare and safety. H. Lapse of approval: 1. An approved Non-administrative Variance 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 Non-administrative Variance 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. 20.72.040 Site plan review. A. Purpose: The purpose of Site Plan Review is to: 1. Encourage better site planning to help ensure certain new development enhances the character of the city and sensitively fits into the neighborhood; 2. To protect the desirable aspects of natural landscape features of the city by minimizing undesirable impacts on the physical environment by proposed new development; 3. Improve communication and mutual understanding early and throughout the review process among developers, neighborhoods, and the city; and 4. Create a mechanism for addressing neighborhood impacts by the layout of the site without unreasonably interfering with an applicant’s architectural goals; and 5. Be mindful of an applicant’s reasonable expectation of privacy and/ or security of their property. Attachment B 6. It is not the intent of Site Plan Review to regulate the architectural style or massing of a proposed home. B. Applicant: Any owner may submit an application for Site Plan Review. C. Procedures: 1. Site Plan Reviews are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC; 2. Revisions to an approved site plan review are as follows: a. Minor revisions consistent with the scope of work already approved in the site plan review may be approved by the Director as a Type 1 decision; or b. All other revisions shall be processed as follows: i. The City issues notice consistent with a notice of application set forth in MMC 20.80.110, including sending notice to all previous parties of record of the original site plan review; ii. If no written objections to the revision are received during the public comment period, the Director may decide the revision as a Type 2 decision; iii. If written objections to the revision are received during the public comment period, the revision shall be processed as a Type 3 decision, subject to the same process requirements for a site plan review set forth in MMC 20.80.060(C), except a new notice of application is not required. D. Applicability: 1. The requirements for Site Plan Review set forth in this section shall apply if one or more of the following conditions are present: a. Construction of a new building, or expansion or alteration of an existing building where the lot area of the building site is 80,000 square feet; b. Construction of a new building, or expansion or alteration of an existing building where the lot area of the building site is at least 40,000 square feet and the lot area is at least 50 percent larger than the average lot area of all residentially developed lots touching the property; or c. Construction of a new building, or expansion or alteration of an existing building where the lot area of the building site is at least 40,000 square feet and the lot area is at least twice the size of the lot area of the smallest residentially developed lot touching the subject site. 2. In no case shall the following types of development require Site Plan Review under this section: a. Interior remodels that do not conflict with a previously approved site plan or modify the existing layout of the building site; b. Modifications to the exterior façade of an existing building that do not: i. Conflict with a previously approved site plan; ii. Modify the existing layout of the building site; or iii. Increase the exterior bulk of the building from the perspective of the adjacent lots; c. Building additions that do not enlarge the building footprint by more than a total of 200 square feet during any five consecutive year time period. d. Reconstruction of an existing building within its existing surface area footprint; e. Construction of new buildings with a gross floor area of 1,000 square feet or less and that are setback at least 50 feet from the following: i. Property lines that adjoin residentially developed properties; and ii. Property lines that are only separated from a residentially developed property by a city right-of-way. 3. The Director may waive the requirement for a Site Plan Review if all of following are present: Attachment B a. The building site is constrained by the existence of critical areas or topography in a manner that the Director determines a site plan review will have limited to no benefits; and b. The City issues notice consistent with the requirements set forth for a notice of application in MMC 20.80.110 alerting recipients of the proposed project and the matter of the applicability of site plan review to the proposed project; and c. No written objection to waiving the requirement for site plan review is received during the public comment period. E. Departures from development regulations authorized: Departures from certain development requirements may be permitted provided the following are satisfied: 1. The departure is for the purpose of minimizing an undesirable impact that cannot be better achieved by a strict application of the code; 2. The departure meets the Site Plan Review purpose statements set forth in MMC 20.72.040(A); 3. The departure increases the project’s conformance with the approval criteria set forth in MMC 20.72.040(H); 4. Approval of departures under Site Plan Review is limited to the following standards: a. Minimum setbacks, excluding shoreline setbacks; b. Maximum structural coverage, including bonus structural coverage; c. Maximum building and structure height; d. On-site parking spaces; e. Fence and wall development standards; and f. Requirements for tree replacement set forth in MMC 12.28.060. F. Limitations: 1. In considering site plan review, the scope of the review is intended to evaluate the placement of primary site features and reduce negative impacts to adjacent properties. This may require setback distances from property lines greater than the zoning requirements. Primary features include, but are not limited to all buildings, driveways, decks, patios, and landscaping. 2. Site Plan Review shall not include changes in the shape of a building footprint unless unique circumstances exist caused by the configuration of the subject lot and/ or adjoining lots. In the case of unique circumstances, changes to the shape of the building footprint may only be required if the criteria in MMC 20.72.040(H)(3)(a) and (b) cannot be met solely by moving the placement of a building. G. Additional application submittal requirements: In addition to the submittal requirements set forth in MMC 20.80.080, the applicant shall provide the following with a site plan review application: 1. A site analysis addressing site opportunities and constraints, the use of all adjacent buildings, and the zoning of the site and adjacent properties; 2. A site plan drawing showing topography of the site and the location of structures and prominent landscape elements on or abutting the site (including but not limited to all trees that are at least 24 inches diameter breast height, with species indicated); 3. Preliminary building floor plans; 4. Photos showing the facades of adjacent development, trees on the site, general streetscape character and territorial or other views from the site, if any; 5. A graphical depiction of the property’s zoning envelope – the three-dimensional space confined by the maximum building height and all applicable setback requirements from the zoning code; 6. A description of the proponent’s objectives with regard to site development; Attachment B 7. Architectural renderings of the proposed primary residence from the perspective of each home on an abutting property coupled with photographs of existing conditions supporting these same perspectives. H. Criteria for approval: The Decision Authority may approve a Site Plan Review only if the following criteria are satisfied (See Figure 20.72.040): 1. Placement of the proposed development on the property minimizes the visibility of buildings from the perspective of the adjacent lots; 2. Placement of the proposed development does not create significant privacy impacts for adjacent property owners; 3. The existing landscape is preserved consistent with the following: a. The natural topography of the building site is not substantially altered; b. Existing trees 24 inches in diameter breast height and larger and other natural landscaping on the property are preserved to a reasonable extent; 4. If applicable, site placement measures are incorporated to accommodate large gatherings and mitigate impacts including, but not limited to traffic, parking, noise, and exterior lighting on the neighborhood; 5. If applicable, measures to accommodate people such as domestic employees and groundkeepers and mitigate impacts including, but not limited to traffic, parking, and noise; and 6. Comply with all other applicable development requirements; Figure 20.72.040 Example of Using Site Plan Review to Place a New Home H. Conditions of approval: The Decision Authority may attach reasonable conditions and/ or may modify the site plan that are determined necessary to safeguard the public health, welfare and safety (e.g., additional screening, buffering measures, building location and orientation, modified setbacks, paving, landscaping, vegetation removal, areas of grading, etc.). I. Lapse of approval: 1. An approved Site Plan Review shall expire two years after the later of the date the site plan review was approved or the date a decision on an appeal becomes final, unless a complete building permit application is submitted prior to the later of the two dates specified herein; and 2. Expiration of the Site Plan Review is automatic and notice is not required; and 3. The Director may grant extensions if: a. The applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension; Existing Homes Placement of New Home No Yes Existing Homes Placement of New Home Yes No Attachment B b. The Director determines there have been no significant changes to any aspect of the project setting that were the basis of the site plan review approval. 20.72.050 Reclassification of Zoning. A. Purpose. This section establishes a mechanism for site-specific reclassification of property or properties from one zoning district to another zoning district. The new zone must be consistent with the comprehensive plan and approval of such requests results in a change to the Official Medina Zoning Map. B. Applicant: Any owner may submit an application for a Site-specific Rezone. C. Applicability. This section applies to amendments of the Official Medina Zoning Map that are site-specific in nature and not involving an area-wide zoning map amendment as prescribed in Chapter 20.82 MMC. D. Procedures. Applications for a Site-specific Rezone are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC and the following: 1. The planning commission holds an open-record public hearing and makes a recommendation in writing to the city council; 2. The planning commission shall issue its written recommendation within 45 calendar days of the closing of the open record hearing; 3. The planning commission’s written recommendation shall include the following: a. Statement of the facts presented that supports the recommendation; b. A statement of the conclusions reached based on those facts; c. Any conditions or restrictions that are recommended to be placed upon the rezone; and d. The date of issuance of the recommendation; 4. The city council shall consider the planning commission’s written recommendation no later than their next regularly scheduled meeting after the planning commission issues their recommendation; 5. The city council shall decide the Site-specific Rezone application at a closed record meeting; 6. The 120-day processing timeline set forth in MMC 20.80.210 may be extended as reasonably necessary to allow the city council to deliberate on the planning commission’s recommendation at a regularly scheduled meeting. E. Limitations: If a comprehensive plan amendment is required in order to satisfy MMC 20.72.050(F)(1), approval of the comprehensive plan amendment is required prior to or concurrently with the granting of an approval on the rezone. F. Approval criteria: The City Council may approve a Site-specific Rezone only if the following criteria are satisfied: 1. The rezone is consistent with the comprehensive plan, or will be consistent with the comprehensive plan if a comprehensive plan amendment is proposed to be approved concurrently with the rezone approval; 2. The rezone bears a substantial relationship to the public health, general welfare and safety; 3. The rezone is appropriate because: a. The rezone will not result in a reclassification to a zoning district where the lot area of the subject property is greater than 120 percent of the required minimum lot area of the new zoning district. (e.g., a 20,000 square foot R-20 zoned lot could be rezoned to R-30 (67 percent of the minimum 30,000 square feet lot size), but not to R-16 (125 percent of the minimum 16,000 square feet lot size)); or b. The rezone will correct a zone classification or zone boundary that was inappropriate when established; and Attachment B 4. The rezone is not a spot rezone. 20.72.060 Reasonable use exception. A. Purpose: The purpose for a Reasonable Use Exception is to permit development of a site only when application of Chapter 18.12 MMC (Critical Areas) would deny all reasonable uses of a site. B. Applicant: Any owner may submit an application for a Reasonable Use Exception. C. Procedures: Reasonable Use Exceptions are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: This section shall apply where applying the critical areas regulations set forth in Chapter 18.12 MMC would deny all reasonable use of the subject property. E. Additional application submittal requirements: In addition to the submittal requirements set forth in MMC 20.80.080, the applicant shall provide the following with a Reasonable Use Exception application: 1. Critical area report consistent with the requirements of MMC 18.12.150; 2. Mitigation plan consistent with the requirements in Chapter 18.12 MMC, if necessary; 3. Applications/ approvals from other agencies, as applicable; 4. Special studies prepared to support the reasonable use exception; and 5. SEPA documents. F. Criteria for approval: The Decision Authority may approve a Reasonable Use Exception only if the following criteria are satisfied: 1. The application of the critical areas regulations would deny all reasonable use of the property; 2. The proposed development does not pose an unreasonable threat to the public health, general welfare, or safety on or off the site, nor does it damage nearby public or private property; 3. Any alteration of the critical area and/ or buffer is the minimum necessary to allow for reasonable use of the property; 4. The inability of the applicant to derive reasonable use of the property is not the result of actions by the applicant or their predecessors; 5. Any impacts permitted to the critical area and/ or buffer is mitigated in accordance with MMC 18.12.160 and 18.12.180 to the greatest extent feasible; 6. The proposed development protects critical areas and/ or buffer functions and values consistent with the best available science; 7. The proposed development is consistent with other applicable regulations and requirements. G. Conditions of approval: The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 20.72.070 Public agency and utility critical areas exception. A. Purpose: The purpose of a Public Agency and Utility Critical Areas Exception is to allow development within a critical area by a public agency or public utility, which would otherwise be prohibited by the critical areas regulations. B. Applicant: An owner, or a federal, state or local agency, or a public utility, or their authorized agents who has written authorization to act on their behalf may submit an application for a Public Agency and Utility Critical Areas Exception. C. Procedures: Public Agency and Utility Critical Areas Exceptions are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. Attachment B D. Applicability: This section shall apply where applying the critical areas regulations set forth in Chapter 18.12 MMC would deny development by a public agency or public utility. E. Additional application submittal requirements: In addition to the submittal requirements set forth in MMC 20.80.080, the applicant shall provide the following with a Public Agency and Utility Critical Areas Exception application: 1. Critical area report consistent with the requirements in MMC 18.12.150; 2. Mitigation plan consistent with the requirements in Chapter 18.12 MMC, if necessary; 3. Applications/ approvals from other agencies, as applicable; 4. Special studies prepared to support the reasonable use exception; and 5. SEPA documents. F. Criteria for approval: The Decision Authority may approve a Public Agency and Utility Critical Areas Exception only if the following criteria are satisfied: 1. There is no other practical alternative to the proposed development with less impact on critical areas and/or buffers; 2. The application of the critical areas regulations would unreasonably restrict the ability to provide utility services to the public; and 3. The proposal meets the following conditions: a. It minimizes the impact on critical areas and/or buffers in accordance with MMC 18.12.170; b. It does not pose an unreasonable threat to the public health, general welfare or safety on or off the site, nor does it damage nearby public or private property; c. Any impacts permitted to the critical area and/ or buffer is mitigated in accordance with MMC 18.12.160 and 18.12.180 to the greatest extent feasible; d. The proposal protects critical areas and/ or buffer functions and values consistent with the best available science; and e. It is consistent with other applicable regulations and requirements. G. Conditions of approval: The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. 20.72.080 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. 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 20.80 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 15.20 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 MMC 20.72.080(C)(2).. F. Criteria for approval: The evaluation criteria set forth in MMC 15.20.040 shall serve as the criteria for approving a Level 2 Tailored Construction Mitigation Plan. Attachment B 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 expires. 20.72.090 Non-administrative right-of-way tree trimming/ removal permit. A. Purpose: The purpose of a Non-administrative Right-of-way Tree Trimming/ Removal Permit is to authorize removal or pruning of trees and vegetative cover in the public right-of-way consistent with the Medina Tree Code. B. Applicant: Any owner, or any public or private agencies authorized to use the city right -of- way, or their authorized agents who has written authorization to act on their behalf, may submit an application for a Non-administrative Right-of-way Tree Trimming/ Removal Permit. C. Procedures: Non-administrative Right-of-way Tree Trimming/ Removal Permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: This section shall apply to the following: 1. All trimming, pruning or removal of trees in a city right-of-way, except as provided in MMC 20.72.090(D)(2); 2. The following tree trimming, pruning and removal activity in a city right-of-way shall be exempt from the requirements of this section, except as prescribed in MMC 20.72.090(E): a. Trimming and pruning that: i. Follows ANSI standards; ii. Does not endanger the life of the tree as determined by the City; iii. Limbs being removed do not exceed three inches in diameter; and iv. Not more than 25 percent of the canopy of the tree is removed consistent with the other criteria in this subsection; b. Removal of trees that pose an immediate danger to life or property, or substantial fire hazard, provided prior consent by the Director is given; or c. Trees rated as hazardous by the City Arborist consistent with the criteria in Chapter 12.28 MMC; d. Any trimming, pruning or removal of trees performed by the city; 3. Tree trimming, pruning and removal activity that is subject to the provisions in MMC 20.71.050. E. Limitation: The exemptions set forth in MMC 20.72.090(D)(2) shall not apply to public and private utilities. F. Criteria for approval: The Decision Authority may approve a Non-administrative Right-of-way Tree Trimming/ Removal 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. Trees defined as significant trees are not removed unless removal is necessary to provide access to a property or removal is for reasons of safety (e.g., trees in danger of falling or losing significant limbs, or to provide clear view lines of sight for drivers of motorized vehicles); Attachment B 5. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC standards 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. G. The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. H. Lapse of approval: 1. A Non-administrative Right-of-way Tree Trimming/ Removal Permit shall expire within 18 months from the later date of the decision being issued or an appeal becoming final; 2. Expiration of the Non-administrative Right-of-way Tree Trimming/ Removal Permit is automatic and notice is not required; and 3. No extension of the time period for the permit is allowed. 20.72.100 Non-administrative tree removal permit. A. Purpose: The purpose of a Non-administrative Tree Removal 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 Non-administrative Tree Removal Permit. C. Procedures: Non-administrative Tree Removal Permits are processed as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC. D. Applicability: This section shall apply to removal of any significant tree on private property where the tree has a 50-inch or greater diameter at breast height and the tree is not located within the new building footprint on a property undergoing development. E. Criteria for approval: The Decision Authority may approve a Non-administrative Tree Removal 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. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC standards for removed trees; 5. All other ordinances, regulations and policies applicable to tree removal are followed. F. The Decision Authority may attach reasonable conditions as necessary to safeguard the public health, general welfare and safety. G. Lapse of approval: 1. A Non-administrative Tree Removal Permit shall expire after 18 months from the later date of the decision being issued or an appeal becoming final; 2. Expiration of the Non-administrative Tree Removal Permit is automatic and notice is not required; and 3. No extension of the time period for the permit is allowed. Attachment B 20.72.110 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 20.80 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 20.70.040; 2. The development does not qualify for an Administrative Substantial Development Permit as set forth in MMC 20.71.060. E. Additional submittal requirements: In addition to the requirements set forth in MMC 20.80.080, 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 or 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 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 (RCW 90.58); 2. The proposed development is consistent with the State Shoreline Management Permit and Enforcement Procedures (WAC 173-27); and Attachment B 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. 20.72.120 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 20.80 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: 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 20.80.080, 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; Attachment B 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; 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 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 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. 20.72.130 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 20.80 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 20.80.080, an application for a Shoreline Variance shall include the following: 1. The site plan shall include: Attachment B 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 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 MMC 20.72.130(F)(1)(a) 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. 2. Where the variance is for development waterward of the ordinary high water mark the following approval criteria shall apply: Attachment B 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 MMC 20.72.130(F)(2)(a) 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.