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HomeMy WebLinkAboutOrdinance No. 0969Ordinance No. 969 Ordinance No. 969 Ordinance No. 969 Medina Municipal Code Title 20 UNIFIED DEVELOPMENT CODE Page 1/71 March 11, 2019 AMENDED Title 20 UNIFIED DEVELOPMENT CODE Chapters: 20.00 Introduction to the Unified Development Code Subtitle 20.1. Administration of Unified Development Code 20.10 Administration – General Provisions 20.12 Definitions 20.14 Development Permit Fees 20.16 Enforcement Subtitle 20.2. Land Use 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 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 20.38 Small Wireless Facilities 20.39 Parking Subtitle 20.4. Building and Construction Codes 20.40 Building Codes 20.41 Underground Wiring 20.42 Premises Identification 20.43 Land Development Grading and Drainage 20.44 Minimum Maintenance Standards for Vacant Residences and Abandoned Construction Sites Subtitle 20.5. Environment 20.50 Critical Areas 20.52 Tree Management Code Subtitle 20.6. Shoreline Master Program 20.60 General Provisions 20.61 Shoreline Environment Designations 20.62 Shoreline Use Regulations 20.63 Shoreline General Development Standards 20.64 Use Specific Shoreline Development Standards EXHIBIT A Ordinance No. 969 Medina Municipal Code Title 20 UNIFIED DEVELOPMENT CODE Page 2/71 March 11, 2019 20.65 Shoreline Modifications 20.66 General Shoreline Regulations 20.67 Critical Areas in the Shoreline Subtitle 20.7. Permits and Approvals 20.70 Administrative Approvals 20.71 Administrative Discretionary Approvals 20.72 Quasi-Judicial Approvals 20.73 Land Divisions Subtitle 20.8. Project Permit and Legislative Review Procedures 20.80 Project Permit Review Procedures 20.81 Text Code Amendments 20.82 Area-Wide Zoning Map Amendments 20.83 Comprehensive Plan Amendments Subtitle 20.9. Infrastructure Improvements 20.90 Subdivision Design and Improvement Standards 20.91 Private Lanes EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 3/71 March 11, 2019 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. 20.12.110 “J” 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 20.12.180 “Q” 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. (Ord. 900 § 4 (Att. A), 2013) 20.12.020 “A” definitions. “Abandoned” means the knowing relinquishment of right or claim to the subject property or structure on that property. “Abandoned sign” means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found. “Access” means a way or means of approach to provide vehicular or pedestrian physical entrance to a property. “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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 4/71 March 11, 2019 “Accessory building” means a detached building, the use of which is incidental or secondary to that of the main building. “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 principal single-family dwelling. “Adjoining” means property that touches or is directly across a street or private lane from the subject property. “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). “Agriculture” means the use of land for agricultural purposes including any one or more of farming, apiculture, horticulture, floriculture, and viticulture, but excluding the raising of animals and the farming of marijuana regardless of whether farmed for medicinal, recreational or research purposes. “Alter” or “alteration” means: 1. Any change, addition or modification in construction or occupancy. 2. When used with Chapter 20.50 MMC – any human-induced action which changes and/or impacts the existing conditions of a critical area or buffer. Alterations include, but are not limited to, grading, filling, dredging, draining, channelizing, cutting of trees, clearing (vegetation), paving, construction, compaction, excavation, dumping, demolition, or any other activity that changes the character of the critical area. “Anadromous fish” means fish that spawn and rear in fresh water and mature in the marine environment. “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. “Ancillary use” means a use essential for the proper and/or effective function of another use. “ANSI” means the American National Standards Institute. “Antenna” means an electrical conductor or group of electrical conductors that transmit or receive radio waves or microwaves. “Antenna, directional (or panel)” means an antenna that receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees. “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. “Antenna, parabolic (or dish)” means a bowl-shaped device that receives and transmits signals in a specific directional pattern. “Antenna, tubular panel” means an antenna which is 18 inches or less in diameter and less than eight 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. “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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 5/71 March 11, 2019 “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. “Arborist, city” means a person appointed by the city manager or designee with the criteria that the person is a member of the American Society of Consulting Arborists or similar professional organization and is an ISA certified arborist. The city arborist is responsible for evaluating trees according to the International Society of Arboriculture in evaluating hazardous trees in urban areas. “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. “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. “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, 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. (Ord. 948 § 2, 2017; Ord. 933 § 2, 2016; Ord. 924 § 4, 2015; Ord. 911 § 1, 2014; Ord. 909 § 5, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.030 “B” definitions. “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. “Berm” means a manmade earthen or other type of mound erected to provide a visual interest, visual screening and/or decrease noise. “Best available science” means current scientific information used in the process to designate, protect, or restore critical areas, that are derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of best available science are included in “Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas” published by the Washington State Department of Commerce. “Best management practices” means conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment; 2. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of streams and wetlands; 3. Protect trees and vegetation designated to be retained during and following site construction; and 4. Provide standards for proper use of chemical herbicides within critical areas. The city of Medina shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to. “Biofiltration treatment” means a type of treatment best management practice that is vegetated (typically with grass) and is designed to remove pollutants from stormwater by means of sedimentation, filtration, soil sorption, and/or plant uptake. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 6/71 March 11, 2019 “Bioretention” means a type of Low Impact Development best management practice that is engineered and is designed to store and treat stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation. “Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries. “Bond” means a satisfactory security to insure performance and/or warranty. The form of the security shall be determined by the director. “Buffer” means an area contiguous to a critical area that is required for the continued protection, maintenance, functioning, and/or structural stability of a critical area. “Building” means any structure having a roof supported by columns or walls used or intended for supporting or sheltering any use or occupancy. “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. “Building official” means the same as the term that is defined in the building codes adopted in Chapter 20.40 MMC. “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. “Buildable lot” means a tract or parcel of land, legally created, which may be used for the placement of structures separate from other parcels. “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. (Ord. 924 § 5, 2015; Ord. 900 § 4 (Att. A), 2013) 20.12.040 “C” definitions. “Caliper, tree” means synonym for trunk diameter used to measure the size of nursery trees. Caliper measurement of the trunk is taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper is measured at 12 inches above the ground. “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. “City” means city of Medina. “Channel migration zone (CMZ)” means the lateral extent of active stream channel movement over the past 100 years. Evidence of active movement over the 100-year time frame can be inferred from aerial photos or from specific channel and valley bottom characteristics. A time frame of 100 years was chosen because aerial photos, maps and field evidence can be used to evaluate movement in this time. A CMZ is not typically present if the valley width is generally less than two bank full widths, is confined by terraces, no current or historical aerial photographic evidence exists of significant channel movement, and there is no field evidence of secondary channels with recent scour from stream flow or progressive bank erosion at meander bends. Areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ. “Clearing” means cutting, grubbing or removing vegetation or other organic plant material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of clearing, “cutting” means the severing of the main trunk or stem of woody vegetation at any point. “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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 7/71 March 11, 2019 “Clubhouse” means a building used by a club, being an association of persons with a common interest meeting periodically for shared activity. “Co-location” means the use of a single support structure and/or site by more than one telecommunication carrier of wireless communication. “Commercial” means the use of land, building or structure relating to the buying and selling of goods and services. “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. “Compensatory mitigation” means replacing project-induced critical area losses or impacts, and includes, but is not limited to, the following: 1. Restoration. Actions performed to reestablish critical area functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a critical area. 2. Creation. Actions performed to intentionally establish a critical area at a site where it did not formerly exist. 3. Enhancement. Actions performed to improve the condition of existing degraded critical areas so that the functions they provide are of a higher quality. “Comprehensive plan” means the adopted Medina comprehensive plan, listing the goals and policies regarding land use within the city. “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. “Coniferous trees” means those trees that are called evergreen, have needles or scales for leaves, and bear seeds in protective cones. This includes conifer trees that lose their needles in the fall. “Contour line” means the interconnection of points having the same height above sea level. “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. “Cottage” means a detached single-family dwelling unit used as a secondary dwelling on a property. “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. “Court of competent jurisdiction” means the judicial body empowered to adjudicate the question under consideration. “Coverage gap” means a geographic area where a telecommunication carrier has a significant gap in service coverage. “Critical areas” means critical areas as defined in RCW 36.70A.030 and amendments thereto, and this title. (Ord. 924 § 6, 2015; Ord. 909 § 6, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.050 “D” definitions. “Day” means calendar days. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 8/71 March 11, 2019 “Deciduous trees” means perennial trees that lose all of their leaves at one time of the year. “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.”) “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. “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. “Development permits” means all permits and associated approvals administered by the city associated with development. “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. “Diameter breast height” or “DBH” means the diameter measurement in inches of the outside bark of a tree trunk, measured at four and one-half feet above the surrounding existing ground surface. The vertical measurement is taken at the mid-slope of the surrounding ground surface. The DBH for multi-trunk trees forking below the four-and-one- half-foot mark is determined by measuring the diameter of the tree trunk at the narrowest part of the main stem below the tree fork. The DBH for multi-trunk trees splitting at ground level is determined by taking the square root of the sum of all squared stem caliper. See Figures below. Figures Measuring DBH “Diameter of replacement tree” means the replacement tree diameter using caliper as the measurement. Multi-trunk trees shall be measured by taking one-half the caliper of up to the three largest trunks and summing them. “Director” means the city manager or designee appointed by the city manager to administer this title or parts of this title. “Dispersion” means a type of Low Impact Development best management practice designed to release surface and stormwater runoff such that the flow spreads over a wide area and is located so as not to allow flow to concentrate anywhere upstream of a drainage channel with erodible underlying granular soils. “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. “Drainage facility” means the system of collecting, conveying and storing surface and storm runoff. Drainage facilities shall include but not be limited to all surface and stormwater runoff conveyance and containment facilities including streams, pipelines, channels, ditches, infiltration facilities, retention/detention facilities, and other drainage structures and appurtenances. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 9/71 March 11, 2019 “Driveway” means an area of the subject property designed to provide vehicular access to a parking area or structure contained on the subject property. “Driveway apron” means that portion of a driveway connecting to a public roadway or to a private lane. The driveway apron provides a transition between the street, driveway, and sidewalk (if present). “Dwelling” means a building used or intended for residential occupancy. “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. (Ord. 924 § 7, 2015; Ord. 923 § 1, 2015; Ord. 909 § 7, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.060 “E” definitions. “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. “Eave” means a roof overhang, free of enclosing walls, without supporting columns. “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. “Emergent wetland” means a regulated wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata. “Environmental review” means all reviews administered pursuant to Chapter 43.21 RCW and Chapter 18.04 MMC. “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. “Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. “Erosion hazard areas” means at least those areas identified by the U.S. Department of Agriculture’s Natural Resources Conservation Service as having a “moderate to severe,” “severe,” or “very severe” rill and inter-rill erosion hazard. “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. “Existing nonresidential building” means an existing building or structure that contains a nonresidential use or supports a nonresidential use. “Exotic” means any species of plants or animals which are foreign to the planning area. (Ord. 924 § 8, 2015; Ord. 900 § 4 (Att. A), 2013) 20.12.070 “F” definitions. “Failure” or “failure mode” when used for assessing hazard trees means the breakage of stem, branches, roots, or loss of mechanical support in the root system. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 10/71 March 11, 2019 “Failure, consequences” when used for assessing hazard trees means an estimate by the city arborist on the value of the target and the harm that may be done to it by a tree failure. The consequence depends on the part size, fall characteristics, fall distance, and other factors that may protect the risk target from harm. The consequence of failure can be categorized as follows: 1. Negligible: are those consequences that involve low-value property damage or disruption that can be replaced or repaired, and do not involve personal injury; 2. Minor: are those consequences that involve low to moderate property damage, small disruptions to traffic or a communication utility, or very minor personal injury; 3. Significant: are those consequences that involve property damage of moderate to high value, considerable disruption, or personal injury; or 4. Severe: are those consequences that involve serious personal injury or death, damage to high-value property, or disruption of important activities such as a strike on an occupied house, disruption of high-voltage distribution and transmission lines, or disruption of arterial traffic or motorways. “Failure, likelihood” when used for assessing hazard trees means the chance of an event occurring. The likelihood of failure can be categorized as follows: 1. Improbable: the tree or branch is not likely to fail during normal weather conditions and may not fail in many severe weather conditions within a reasonable time period; 2. Possible: failure could occur, but is unlikely during normal weather conditions within a reasonable time period; 3. Probable: failure may be expected under normal weather conditions within a reasonable time period; or 4. Imminent: failure has started or is most likely to occur in the near future, even if there is no significant wind or increased load. “Family” means one or more persons living together as a single housekeeping unit in a dwelling unit. “Family day care home” means a person who regularly provides child care and early learning services during part of the 24-hour day to 12 or fewer children. Children include both the provider’s children, close relatives and other children irrespective of whether the provider gets paid to care for them. They provide their services in the family living quarters of the day care provider’s home. “Feasible” means an action, such as a development project, mitigation, or preservation requirement that meets all of the following criteria: 1. Can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests that have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. Provides a reasonable likelihood of achieving its intended purpose; and 3. Does not physically preclude achieving the project’s primary intended legal use. “Fence” means a wall or barrier structure of any material or combination of materials erected to enclose, screen, or separate areas of land, excluding retaining walls and rockeries. “Fish and wildlife habitat conservation” means areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. These areas may include, but are not limited to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including seasonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative population density or species richness. These areas include: EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 11/71 March 11, 2019 1. Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association; 2. Habitats of local importance, including, but not limited to, areas designated as priority habitat by the Department of Fish and Wildlife; 3. Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds; 4. Waters of the state, including lakes, ponds, streams, inland waters, underground waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington; 5. State natural area preserves and natural resource conservation areas; and 6. Land essential for preserving connections between habitat blocks and open spaces. “Fish and wildlife habitat conservation area” means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source. “Floodplain” is synonymous with 100-year floodplain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. “Floor area, gross” means the total floor area measured between the exterior faces of the exterior walls. “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 outermost parameter of the structure, including any outer elements such as gutters. “Forested wetland” means a regulated wetland with at least 30 percent of the surface area covered by woody vegetation greater than 20 feet in height that is at least partially rooted within the wetland. “Freestanding wall” means a wall structure standing alone or on its own foundation free of support or attachment or affiliation with other structures in close proximity and built to act as a fence or to provide buffering from noise or other undesirable impacts. “Functions and values” means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; protection from hazards; historical, archaeological and aesthetic value protection; and recreation. These beneficial roles are not listed in order of priority. (Ord. 932 § 3, 2016; Ord. 924 § 9, 2015; Ord. 923 § 2, 2015; Ord. 916 § 1, 2015; Ord. 900 § 4 (Att. A), 2013) 20.12.080 “G” definitions. “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. “Geologically hazardous areas” means areas that may not be suited to development consistent with public health, safety or environmental standards, because of their susceptibility to erosion, sliding, earthquake, or other geologic events as designated by WAC 365-190-120. In the city of Medina, types of geologically hazardous areas include erosion, landslide, and seismic hazards. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 12/71 March 11, 2019 “Golf course” means an area with at least nine 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. “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. “Grade, finished; finished grade” means the ground elevation after any lot development is completed. “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.) “Grading” means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. “Grading” when used with Chapter 20.50 MMC means any excavation, filling, removal of topsoil, or any combination thereof. “Greenhouse” means a building wherein the temperature and humidity can be regulated for the cultivation of plants. “Grid system” means a type of permeable pavement made with a concrete or plastic grid that contains and stabilizes gravel or topsoil and grass and allows water to infiltrate. “Ground water” means water in a saturated zone or stratum beneath the surface of land or a surface water body. “Growth Management Act” means Chapter 36.70A RCW, as amended. “Grubbing” means to clear by digging up roots and or stumps. See “Clearing.” “Guests” means those who occupy upon invitation of the owner or lessee without charge or other consideration for such occupancy. “Gutter,” depending on its context, means: 1. On a roof, a gutter is a shallow trough fixed to the edge of a roof or eave for the carrying off of rainwater; or 2. On grade, a gutter is a channel for draining off water at the edge of a street or road. (Ord. 932 § 4, 2016; Ord. 924 § 10, 2015; Ord. 923 § 3, 2015; Ord. 909 § 8, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.090 “H” definitions. “Habitat conservation areas” means areas designated as fish and wildlife habitat conservation areas. “Hardscape” means any inorganic decorative landscape materials, including but not limited to stones, boulders, cobbles, pavers, decorative concrete incorporated into an overall landscape design of the grounds. This definition includes, but is not limited to, patios, walkways, steps, and other paved areas on the ground. “Hazard areas” means areas designated as geologically hazardous areas due to potential for erosion, landslide, seismic activity, or other geologic condition. “Hazard tree” means a tree designated by the city arborist as having a high to extreme risk using the International Society of Arborists Tree Risk Assessment Qualification (TRAQ) system. A hazard tree must have a likely or very likely potential to fail and a target that might sustain injury or damage. Hazard trees are created through a variety of circumstances including human influences, disease, and weather. “Hearing body” means the body designated by the city council to preside over an open-record hearing or closed- record appeal. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 13/71 March 11, 2019 “Hearing examiner” means the person appointed pursuant to MMC 2.78.020 with the powers and duties prescribed in Chapter 2.78 MMC. “Height” means a vertical distance measured between two points. “Horticulture” means the occupation of cultivating plants, especially flowers, fruit, and vegetables. “Hot tub” means a hydro-massage pool, or tub for recreational or therapeutic use designed for immersion of users, and usually having a filter, heater, and motor-driven blower. “Household staff” means individuals who spend more than 50 percent of their working time employed at the residence site and in no event work less than 20 hours per week, including caregivers. “Housekeeping unit” means one or more persons living together sharing household responsibilities and activities, which may include sharing expenses, chores, eating evening meals together and participating in recreational activities and having close social, economic and psychological commitments to each other. A housekeeping unit does not include larger institutional group living situations such as dormitories, fraternities, sororities, and similar groups where the common living arrangement or basis for the establishment of the housekeeping unit is temporary. “Hydraulic project approval (HPA)” means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW. “Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. “Hydrophytic vegetation” means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the approved federal wetland delineation manual and applicable regional supplements. (Ord. 924 § 11, 2015; Ord. 923 § 4, 2015; Ord. 916 § 2, 2015; Ord. 909 § 9, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.100 “I” definitions. “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. “Impervious surface area” means the total square feet of impervious surfaces located on a lot. “Isolated wetland” means those wetlands that are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. (Ord. 924 § 12, 2015; Ord. 900 § 4 (Att. A), 2013) 20.12.110 “J” definitions. “Joint aquatic resources permit application (JARPA)” means a single application form that may be used to apply for shoreline management permits, approvals of exceedance of water quality standards, water quality certifications, Coast Guard bridge permits, Department of Natural Resources use authorization, and Army Corps of Engineers permits. (Ord. 924 § 13, 2015) 20.12.130 “L” definitions. “Land alteration” means any movement or modification of more than 25 cubic yards of earth material on any site. “Landscape” means plant materials, topography, and other natural physical elements combined in relation to one another and to manmade structures. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 14/71 March 11, 2019 “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. “Landslide hazard areas” means areas that are potentially subject to risk of mass movement due to a combination of geologic, topographic, and hydrologic factors. These areas are typically susceptible to landslides because of a combination of factors including bedrock, soil, slope (gradient), slope aspect, geologic structure, ground water, hydrology, or other factors. “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.) “Lattice tower” means a support structure characterized by an open framework of lateral cross members which stabilize the structure. “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. “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. “Lot area, gross” means all areas within the boundaries of a lot. “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 20.50 MMC. “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. “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. “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. (Ord. 924 § 14, 2015; Ord. 909 § 10, 2014; Ord. 900 § 4 (Att. A), 2013) “Low Impact Development best management practice” means any one of several distributed stormwater management practices, integrated into a site, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to: bioretention, rain gardens, permeable pavements, dispersion, and water re-use. Further information can be found in the stormwater manual adopted under MMC 20.43.200. 20.12.140 “M” definitions. “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.). “Marijuana use” includes the following: 1. “Marijuana cooperative” means the same as described in RCW 69.51A.250 and amendments thereto; 2. “Marijuana processor” means a person or entity who processes marijuana into usable marijuana and marijuana-infused products, packages and labels usable marijuana and marijuana-infused products for sale in retail outlets, and sells usable marijuana and marijuana-infused products at wholesale to marijuana-retailers; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 15/71 March 11, 2019 3. “Marijuana producer” means a person or entity who produces and sells marijuana at wholesale to marijuana processors and other marijuana producers; 4. “Marijuana retailer” means a person or entity who sells usable marijuana and marijuana-infused products in a retail outlet; 5. “Marijuana researcher” means a person or entity licensed to produce, process, and possess marijuana for limited research purposes pursuant to RCW 69.50.372. The terms in RCW 69.50.101, and amendments thereto, shall be used to interpret further the meaning of marijuana use. “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. “Medina tree fund” means a fund established by the city for the financial mitigation for tree removal consistent with Chapter 20.52 MMC. The fund is to be used to plant trees on public lands as deemed appropriate by the city manager or designee. In addition, the fund may be used to maintain public trees, develop a community tree management plan, and to pay costs related to the city arborist or other consultants to carry out the purposes of the Medina tree code (Chapter 20.52 MMC). “Mitigation” means avoiding, minimizing or compensating for adverse critical areas impacts. Mitigation, in the following order of preference, is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; 3. Rectifying the impact to wetlands and habitat conservation areas by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures. “MMC” means Medina Municipal Code as adopted pursuant to Chapter 1.01 MMC. “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. (Ord. 933 § 3, 2016; Ord. 924 § 15, 2015; Ord. 923 § 5, 2015; Ord. 911 § 2, 2014; Ord. 909 § 11, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.150 “N” definitions. “Native growth protection area (NGPA)” means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 16/71 March 11, 2019 “Native vegetation” means plant species that are indigenous to the area in question. “Native Vegetation” means plant species native to the Puget Sound region, excluding noxious weeds. Cultivars, plant varieties that have been produced in cultivation by selective breeding, with genetics predominantly composed of native species, are acceptable to meet the “native vegetation” definition. Net Lot Area. See definition of “lot area, net.” “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. “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. “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. Nonindigenous. See “Exotic.” (Ord. 924 § 16, 2015; Ord. 900 § 4 (Att. A), 2013) 20.12.160 “O” definitions. “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. “Off site” means an activity or use that is related to a specific principal use, but is not located on the same site as the principal use. “On site” means an activity or use that is related to a specific principal use, and is located on the same site as the principal use. “Open-record appeal hearing” means an open-record hearing held on an appeal when no predecision hearing has been held on the project permit application. “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 “predecision hearing.” “Ordinary high water mark (OHWM)” means that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation. “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. “Overlay zone” means a set of zoning requirements that is mapped and is imposed in addition to those of the underlying zoning district. “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. (Ord. 924 § 17 2015; Ord. 900 § 4 (Att. A), 2013) EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 17/71 March 11, 2019 20.12.170 “P” definitions. Parcel. See definition of “lot.” “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. “Parking area” means any area designed and/or used for parking vehicles and other motorized transportation. “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. “Parties of record” means: 1. The applicant and any appellant; 2. The property owner, if different than the applicant; 3. The city; 4. 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; 5. Any person or public agency who individually submitted written comments for or testified at a predecision hearing; 6. 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 predecision hearing. 7. A party of record does not include a person who has only signed a petition. (See MMC 20.80.160.) “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. “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. “Person” means, as used in this title, any individual, partnership, association, corporation, unit of government or any other legal entity. “Personal wireless services” means the same as that phrase is given meaning pursuant to 47 U.S.C. 332(c)(7)(C)(i). “Personal wireless service facilities” means the same as that phrase is given meaning pursuant to 47 U.S.C. 332(c)(7)(C)(ii). “Permeable interlocking concrete pavements (PICP)” means a type of permeable pavement made with manufactured modular concrete paving units. Pavements constructed with these pavers create joints that are filled with permeable aggregates and installed on an open-graded bedding course to allow water to infiltrate. “Permeable pavement” means a Low Impact Development best management practice consisting of paving material which is designed to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. “Pervious concrete” means a type of permeable pavement made with a rigid pavement similar to conventional concrete with the fine material reduced to form voids between the aggregate and allow water to infiltrate. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 18/71 March 11, 2019 “Planned land use development (PLUD)” means the provisions for varying zoning requirements adopted by Ordinance No. 213 and repealed by Ordinance No. 435. “Plantable area, right-of-way” means the pervious surface portion of the city’s street rights-of-way located between the street surface edge and the adjoining property line. The plantable area also includes the area of any planting strip between the existing sidewalk or pathway and the edge of the street. The plantable area excludes the sidewalk and driveways. “Planting bed boxes, raised” means a series of walls fit closely together, without a cover, each wall one foot wide or less, used to frame soils elevated above the finished grade for growing plants and built of timber, stone, brick, concrete and similar types of framing materials. “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. “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. “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. “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. “Plat, short” means the map or representation of a short subdivision. “Ponds” means areas of open water fed by springs, or fed by natural and enhanced drainage ways, which are so intrinsically associated with a wetland, stream or natural watercourse as to merit protection under the provisions of this chapter. “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 uncovered porch is similar to an uncovered deck, but provides main access to or from a building. (See “deck” and “veranda.”) “Porous asphalt” means a type of permeable pavement made with a flexible pavement similar to standard asphalt that uses a bituminous binder with the fine material reduced to form voids between the aggregate and allow water to infiltrate. “Practical alternative” means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having fewer impacts to critical areas. “Premises” means the same as the definition in MMC 8.04.010(D). “Priority habitat” means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element (WAC 173-26-020(28)). “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. “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 EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 19/71 March 11, 2019 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. “Property line” means the legal boundary of a parcel of land. “Property line, front” means, unless otherwise set forth in this title, the property line contiguous with the street right- of-way. “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. “Property line, side” means any property line that is not a front or rear property line. “Pruning” means the selective removal of branches and/or trunks following ANSI standards for safety, health, structure, shape, and aesthetics. This definition includes trimming. Except where approved by the city arborist to reduce a hazard, pruning shall be consistent with one of the following methods: 1. Clean: Cleaning a tree shall consist of pruning to remove one or more nonbeneficial parts: dead, diseased, and/or broken branches; 2. Raise: Selective pruning to provide vertical clearance; 3. Reduce: Selective pruning to decrease the height and/or spread of a tree and shall not reduce the foliage crown by more than 25 percent annually (this method is employed to minimize risk of failure, balance the canopy, height and spread reduction, utility clearance or to improve tree aesthetics); or 4. Thin: Selective pruning to reduce the density of small live branches typically in the 10 to 15 percent range of the foliage crown, but not exceeding 25 percent annually. “Pruning, hazard” means removing hazardous branches throughout a canopy, or in a clearly specified area of the canopy where safety considerations are paramount. Such branches may be broken, exceedingly weighted, or cracked. “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. “Public safety use” means police, fire and similar emergency services provided by a public entity. (Ord. 932 § 5, 2016; Ord. 924 § 18, 2015; Ord. 909 § 12, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.180 “Q” definitions. “Qualified professional” means a person with experience and training in the applicable critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and two years of related work experience. 1. A qualified professional for streams and fish and wildlife habitat conservation areas or wetlands must have a degree in biology or related field and relevant professional experience. 2. A qualified professional for a geologic hazard must be a professional engineer or geologist, licensed in the state of Washington. (Ord. 924 § 19, 2015) 20.12.190 “R” definitions. “Rain garden” means a type of Low Impact Development best management practice designed as a non-engineered, shallow, landscaped depression, with compost-amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 20/71 March 11, 2019 “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. “Recreational facility” means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. “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. “Removal, tree” or “tree removal” means uprooting, severing the main trunk of the tree or any act which causes, or may reasonably be expected to cause, the tree to die, including but not limited to damage inflicted upon the root system by machinery, storage of materials, or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; or paving with concrete, asphalt, or other impervious materials in a manner which may reasonably be expected to kill the tree. “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. “Replacement tree” means a coniferous or deciduous tree required by the city to be planted as replacement for an existing tree proposed for removal. “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. “Responsible person” means the same as “person responsible for a violation” set forth in MMC 1.15.020(B). “Restoration” means measures taken to restore an altered or damaged natural feature including: 1. Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and 2. Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events. “Retaining wall” means a structure constructed to hold back or support an earthen bank. “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. “Rockery” means a soil retaining or stabilizing structure composed of stacked rock that is not attached together by any bonding agent, such as mortar. (Ord. 924 § 20, 2015; Ord. 909 § 13, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.200 “S” definitions. “School” means a school operation with 13 or more attendees at any one time, not including immediate family members who reside in the school or employees. “School operation” means any institution of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the state of Washington to be taught in the public, private and parochial school. “Scrub-shrub wetland” means a regulated wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 21/71 March 11, 2019 “Security barrier” means an obstruction, such as fences, walls, vegetation and similar elements that restricts public access. “Seismic hazard areas” means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. Sensitive Areas. See “Critical areas.” SEPA. See definition of “State Environmental Policy Act (SEPA).” “Service area” means the vicinity around a wireless communication facility that effectively receives signals from and transmits signals to the facility. “Setback” means the minimum distance from the property line to where a structure may be built. (See MMC 20.22.030.) “Setback area” means the area of a lot or building site between the property line and the limits set by city regulations within which no permanent structure may intrude unless allowed otherwise by law. “Shorelands or shoreland areas” means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark or floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of the Washington State Shoreline Management Act of 1971 and the city of Medina shoreline master program, Chapters 20.60 through 20.67 MMC. “Shorelines” means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except: 1. Shorelines of statewide significance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. “Shorelines of statewide significance” means those areas defined in RCW 90.58.030 and limited in the city of Medina to Lake Washington. “Sign” means any medium visible to the public including its structure and component parts which is used or intended to be used out of doors to convey a message to the public or otherwise attract attention to its subject matter, for advertising or any other purposes. “Sign, A-board” means a portable sign consisting of two sign faces hinged at the top and separated at the bottom to make it self-standing. “Sign area” means the area of the face of the sign. When a dimensional sign contains information on two sides of the sign, only one side is counted in determining sign area, except A-board signs where the average area of the two faces shall be used to determine sign area. “Sign, banner” means a sign made of lightweight fabric or similar material that is temporarily mounted to a pole or building by one or more edge. National, state or municipal flags, or the official flag of any institution, shall not be considered banners. “Sign, commercial” means a sign containing commercial content used for identifying a building, use, business or event, or to advertise the sale of goods, products, events or services. This includes real estate and event signs. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 22/71 March 11, 2019 “Sign face” means the surface upon, against or through which the letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign is displayed or illustrated, not including structural supports or architectural features of a building. 1. In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign message is displayed or illustrated. 2. In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn using connected straight lines closest to the edge of the letters or separate graphic elements comprising the sign message. 3. In the case of sign message enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the painted or illuminated border. “Sign, freestanding” means a sign attached to a self-supporting structure such as columns, poles, or braces placed in or upon the ground. “Sign height” means the total vertical measurement of a sign including all components of the sign and the sign’s support structure. “Sign, location identity” means signs that identify address numbers, property owners, and/or geographic areas such as neighborhoods and subdivisions. “Sign, mounted” means a sign that is applied or affixed to a building, wall or fence. “Sign, municipal” means a sign erected by the city of Medina, or its authorized representatives, for the safety, convenience or information of its citizens, including, but not limited to, traffic control signs, legal notices, city entrance signs, and signs announcing public and community events, meetings, and activities. “Sign, noncommercial” means a sign containing noncommercial content used for identifying a building, use, or event, or to advertise noncommercial matters, excluding municipal signs. “Sign, off-site” means any sign that advertises or relates to an event, activity, use, good, product, or service that is not available on the premises upon which the sign is erected. “Sign, on-site” means any sign that advertises or relates to an event, activity, use, good, product, or service that is lawfully permitted to be offered, sold, traded, provided, or conducted at the location or premises upon which the sign is erected. “Sign, permanent” means any sign which is affixed to the ground or to any permanent structure or building, including walls, awnings and fences, in such a manner that it cannot be moved or transported with ease, and which is intended to remain in one location and position for an extended period of time. “Sign, real estate and events” means a temporary sign that is for the sole purpose of advertising a parcel, tract, lot, site or home for rent, lease or sale; for advertising the sale of a home’s household belongings; or which identifies an individual or company performing an active construction project including remodels. “Sign support structure” means any structure designed for the support of a sign. “Sign, temporary” means a sign displaying either commercial or noncommercial messages which is not permanently affixed to the ground or any permanent structure or building and which is capable of being moved or transported with ease. “Sign, window” means a sign affixed to the surface of a window with its message intended to be visible to the exterior environment. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 23/71 March 11, 2019 “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. “Significant tree” means a tree of at least six-inch DBH size and of a species as identified on the “City of Medina List of Suitable Tree Species” as set forth in Chapter 20.52 MMC. “Single-family dwelling” means a dwelling unit which is occupied as, or designed or intended for occupancy as, a residence by one family and may include family guests and/or household staff. The owner of the single-family dwelling may provide lodging to persons who are not guests and who are not part of a family provided the total number of persons, including nonfamily persons living in the dwelling, does not exceed three, excluding children with familial status within the meaning of Title 42 United States Code, Section 3602(k). The limitation on the number of nonfamily persons living in the dwelling shall not apply to adult family homes, family day-care providers’ home facilities as prescribed by RCW 35A.63.215, and other living arrangements which would violate Title 42 United States Code, Section 3604. “Single-family dwelling, detached” means a separate unconnected single-family dwelling surrounded by open space and yards and which contains one dwelling unit and up to one accessory dwelling unit. A detached single-family dwelling may have detached accessory buildings including, but not limited to, garages, accessory recreational facilities, cabanas and similar residential accessories having no more than one room plus a bathroom and otherwise not designed as an independent residence. “Soil survey” means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture. Spa. See definition under “hot tub.” “Species” means any group of animals classified as a species or subspecies as commonly accepted by the scientific community. “Species, endangered” means any fish or wildlife species or subspecies that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species. “Species of local importance” means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species. “Species, priority” means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence as genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance. “Species, threatened” means any fish or wildlife species or subspecies that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species. “Sport court” means an area of ground defined by permanent surfacing, equipment and/or fencing for the purpose of playing tennis, badminton, basketball and similar social games. “State Environmental Policy Act (SEPA)” means environmental review procedures required under Chapter 43.21C RCW, Chapter 197-11 WAC, and Chapter 18.04 MMC. “Steep slope” means any area with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet except areas composed of consolidated rock. A slope is delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 24/71 March 11, 2019 “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof. “Stream” means a course or route, formed by nature or modified by humans and generally consisting of a channel with a bed, banks, or sides throughout substantially all its length, along which surface waters, with some regularity (annually in the rainy season), naturally and normally flow in draining from higher to lower lands. This definition does not include specially designed irrigation and drainage ditches, grass-lined swales, canals, stormwater runoff devices, or other courses unless they are used by salmonids or to convey watercourses that were naturally occurring prior to construction. “Street” means a right-of-way, opened or unopened, that is intended for motor vehicle travel or for motor vehicle access to abutting property. “Street” includes all the area within the right-of-way, such as roadways, parking strips, and sidewalks. For the purposes of the zoning code, “street” shall not include private lanes. “Street frontage” means the property line abutting streets. “Structural coverage” means the area of a lot covered by structures. (See MMC 20.23.030.) “Structure” means that which is erected, built or constructed, including an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. “Subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. “Subdivision, accumulative short” means multiple short subdivisions of contiguous existing lots held under common ownership, which would result in the creation of five or more lots within a five-year period of the initial short subdivision approval. “Ownership” for the purpose of this definition means ownership as established at the date of the initial short subdivision approval. “Subdivision, short” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. “Substantial destruction” means to remove more than 60 percent of the existing exterior wall framing of a structure, as measured by the horizontal linear length of all existing exterior walls. Any partial removal of existing framing shall count towards the measurement of horizontal linear length the same as if the entire framing within that horizontal linear length was removed, except partial removal shall not include replacement of windows or doors when no beams or struts are removed. For the purpose of substantial destruction, existing exterior walls shall exclude exterior walls built less than 18 months prior to submittal of a building permit application. The calculation of the 18 months shall include to the time after the date the last permit involving construction of a new exterior wall was finalized by the city. “Substantially” means significant in the size or amount and has a noticeable impact on the current situation to a degree that would satisfy a reasonable person as significant. “Support structures” means the structure to which antennas and other necessary associated hardware are mounted, including, but not limited to, lattice towers, monopoles, utility support structures, and existing nonresidential buildings. “Swimming pool” means any artificially constructed water-holding device that has a minimum depth of 42 inches and is of sufficient size for swimming, wading, immersion, or therapeutic purposes. (Ord. 948 § 3, 2017; Ord. 924 § 21, 2015; Ord. 923 § 6, 2015; Ord. 916 § 3, 2015; Ord. 909 § 14, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.210 “T” definitions. “Target,” when used for assessing hazard trees, means people, property or activities that could be injured, damaged, or disrupted by a tree. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 25/71 March 11, 2019 “Target, likelihood of impact” means the chance of a target being impacted by a failed part of a tree. The likelihood of impacting a target can be categorized as follows: 1. Very low: the chance of the failed tree or branch impacting the specific target is remote; 2. Low: it is not likely that the failed tree or branch will impact the target; 3. Medium: the failed tree or branch may or may not impact the target, with nearly equal likelihood; or 4. High: the failed tree or branch will most likely impact the target. In evaluating the likelihood of impacting a target, the occupancy rate of the target and any factors that could affect the failed tree as it falls towards the target shall be used in determining the likelihood of impact. “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. “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. “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. “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. “Treasurer, county” means the person defined in Chapter 36.40 RCW, or the office of the person assigned such duties under the King County Charter. “Treatment best management practice” means a facility designed to remove pollutants contained in stormwater. Some methods of pollutant removal include sedimentation/settling, filtration, plant uptake, and bacterial decomposition. Treatment BMPs include, but are not limited to: vegetated filter strips, oil and water separators, biofiltration swales, and linear sand filters. Further information can be found in the stormwater manual adopted under MMC 20.43.200. “Tree” means a self-supporting woody perennial plant, excluding a bush or shrub. “Tree, dead” means a tree that is no longer alive, has been removed beyond repair, or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life) and has been determined to be in such a state by a certified arborist during a nondormant or other natural stage of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state. “Tree, hedge” means a row of smaller trees planted close together and growing in a dense continuous line 20 feet in length or longer that form a thicket barrier. “Tree protection zone” means area identified by the director in which no soil disturbances are permitted and activities are restricted. “Tree, right-of-way” means a tree with at least two-thirds of its trunk diameter on public right-of-way. “Tree risk” means the combination of the likelihood of an event and the severity of the potential consequences. In the context of trees, risk is the likelihood of a conflict or tree failure occurring and affecting a target and the severity of the associated consequences: personal injury, property damage, or disruption of activities. Risk is evaluated by categorizing or quantifying both the likelihood (probability) of occurrence and the severity of the consequences. “Tree species” means group of trees that resemble each other closely and interbreed freely. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 26/71 March 11, 2019 “Tree topping” means an inappropriate technique to reduce tree size that cuts through a stem more than two years old at an indiscriminate location. “Truck gardening” means the same as “market gardens,” which is the small-scale production of fruits, vegetables and flowers, frequently sold directly to consumers. (Ord. 923 § 7, 2015; Ord. 909 § 15, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.220 “U” definitions. “UDC” means Unified Development Code as set forth in this title. “Uncovered” means, when used in conjunction with a structure such as decks, stairs, patios, etc., open above and without cover. “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. Use, Accessory. See definition of “accessory.” “Use, principal” 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. “Utility support structure” means poles that support street lights, and poles used to support electrical, telephone, cable or other similar facilities. These poles are typically constructed of wood, steel, concrete and composite materials. (Ord. 900 § 4 (Att. A), 2013) 20.12.230 “V” definitions. “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. “Vegetation” means any organism of the vegetable kingdom, including grasses, herbs, shrubs, and trees. Weeds are excluded from the definition of “vegetation.” “Vegetative cover” is defined as all vegetation including the ground cover layer, shrubs, and trees. “Veranda” means an open-roofed platform projecting from the exterior wall of a building. (See definitions for “deck” and “porch.”) “View-shed” means the environment that is visible from one or more viewing points. (Ord. 909 § 16, 2014; Ord. 900 § 4 (Att. A), 2013) 20.12.240 “W” definitions. “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 are attached. Wall framing shall not include the horizontal ceiling joists and sloping rafters used for the roof. “Water-dependent” means a structure or use that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. A use that can be carried out only on, in or adjacent to water because the use requires access to the water body for waterborne transportation, recreation, energy production, or source of water. “Weed” means plants considered unwanted, undesirable, or troublesome. “Wetland edge” means the boundary of a wetland as delineated based on the definitions contained in this title. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.12 DEFINITIONS Page 27/71 March 11, 2019 “Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or, in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources (RCW 90.84.010(5)). “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. For identifying and delineating a regulated wetland, local government shall use the approved federal wetland delineation manual and applicable regional supplements. “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. (Ord. 924 § 22, 2015; Ord. 900 § 4 (Att. A), 2013) 20.12.270 “Z” definitions. “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. “Zone; zoning” means an area delineated on the “official zoning map” in which, in accordance with the provisions of this title, certain uses of lands, buildings and structures are permitted and prohibited, and for which certain requirements are established for uses, buildings and structures. (See Chapter 20.20 MMC.) (Ord. 900 § 4 (Att. A), 2013) EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.22 LOT DEVELOPMENT STANDARDS Page 28/71 March 11, 2019 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. 20.22.070 Curved property lines. 20.22.010 Purpose. This chapter establishes development standards applicable to lots and setbacks. (Ord. 900 § 4 (Att. A), 2013) 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); EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.22 LOT DEVELOPMENT STANDARDS Page 29/71 March 11, 2019 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; 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; and 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, 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 than 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 nonadministrative variance is approved pursuant to MMC 20.72.030, except the conditions set forth in subsections (D)(1) through (5) of this section shall be used in deciding the variance. (Ord. 900 § 4 (Att. A), 2013) 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 set back 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 EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.22 LOT DEVELOPMENT STANDARDS Page 30/71 March 11, 2019 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 subsection (B) of this section. 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 subsection (E) of this section: 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 20.91.060. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.22 LOT DEVELOPMENT STANDARDS Page 31/71 March 11, 2019 Figure 20.22.030(A): Measuring Setbacks 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 EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.22 LOT DEVELOPMENT STANDARDS Page 32/71 March 11, 2019 (Ord. 906 § 11, 2014; Ord. 900 § 4 (Att. A), 2013) 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 Chapter 20.63 MMC: A. Utilities which are located underground and accessory to a principal use, except the requirement for undergrounding is not required if the limitation in MMC 20.50.200(I)(6) applies; B. Walkways, stairs and steps, and driveways, not including parking spaces, which do not exceed 30 inches above the existing or finished grade, whichever grade is lower; C. 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 freestanding 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; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.22 LOT DEVELOPMENT STANDARDS Page 33/71 March 11, 2019 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. Solid Landscape Screening pursuant to MMC 20.30.060 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 10 feet above the finished grade; 3. The play structure does not occupy a footprint greater than 100 square feet; 4. A minimum 10-foot setback from the rear property line is maintained; L. Swimming pools, spas and hot tubs as provided for in MMC 20.34.040; M. Raised planting bed boxes, which do not exceed 30 inches above the existing or finished grade, whichever grade is lower. (Ord. 932 § 8, 2016; Ord. 900 § 4 (Att. A), 2013) N. Low Impact Development best management practices or treatment best management practices provided: 1. The best management practice shall be designed, constructed, and maintained in accordance with the stormwater manual adopted under 20.43.200. 2. Best management practices, including associated vegetation, shall be located entirely on private property. 3. The maximum height of any structural element associated with the best management practice shall not exceed 30 inches above the existing or finished grade, whichever grade is lower. 4. The best management practice shall be designed to manage or treat stormwater runoff solely from the building site and from less than 5,000 square feet of impervious surface. 5. Examples of acceptable best management practices, as those practices are defined in MMC 20.12, include but are not limited to the following: a. Rain Garden; b. Bioretention; c. Dispersion; and d. Biofiltration treatment. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.22 LOT DEVELOPMENT STANDARDS Page 34/71 March 11, 2019 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. (Ord. 900 § 4 (Att. A), 2013) 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. (Ord. 900 § 4 (Att. A), 2013) 20.22.070 Curved property lines. Where a curved property line exists, a straight line segment shall be established that intersects each of the two end points of the curved property line. The straight line segment shall be used in forming parallels or intersecting angles with other property lines used to apply the definitions of front, rear and side property lines set forth in MMC 20.12.170 to the property lines of the lot. See Figure 20.22.070. Figure 20.22.070: Curved Property Line (Ord. 932 § 9, 2016) EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 35/71 March 11, 2019 Chapter 20.30 CITY-WIDE USES Sections: 20.30.010 Fences, walls and gates. 20.30.020 Signs. 20.30.025 Location identity signs. 20.30.030 Reconstruction, remodeling, expansion of nonresidential uses. 20.30.040 Works of art. 20.30.050 Residential off-street parking. 20.30.060 Landscape Screening. Landscaping. 20.30.070 Residential driveways. 20.30.010 Fences, walls and gates. A. General Provisions. 1. “Walls,” as referred to in this section, means freestanding walls meeting the definition in MMC 20.12.070, and retaining walls and rockeries meeting the definitions in MMC 20.12.190. 2. 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 subsection (B) of this section. 3. 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. 4. The property owner is responsible for confirming all fences, walls and/or gates are placed inside the property lines on their property. 5. Gates located near an opened street right-of-way shall be set back from the edge of the pavement pursuant to MMC 20.40.125. 6. All lighting devices shall be subject to the height limitations prescribed by this section. 7. Where a permit is required pursuant to subsection (G) of this section, the director 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), (B)(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 subsection (B)(1)(a) of this section and extending 30 feet from the front property line. 2. Except as provided in subsection (B)(1) of this section, the maximum height of a fence, wall, combination of fence and wall, or gate shall not exceed six feet in all other setback areas. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 36/71 March 11, 2019 3. Fences, walls and gates not located within setback areas may be constructed to the height limitations of other buildings and structures in the zoning district in which the fence, wall or gate is located. 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, 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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 37/71 March 11, 2019 Figure 20.30.010(B)(1): Height Limits for Fences and Walls Figure 20.30.010(B)(2): Measuring Fence/Wall Height 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: 1. The building official determines a guard rail is required pursuant to the building codes set forth in Chapter 20.40 MMC; and 2. 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: EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 38/71 March 11, 2019 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 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. (Ord. 932 § 13, 2016; Ord. 900 § 4 (Att. A), 2013) 20.30.020 Signs. A. Purpose. 1. To provide content-neutral design standards for signage; and 2. To recognize the predominately high-quality, single-family residential setting and built-out character of the community by permitting signs that complement this character; and 3. To establish regulations for the design, number, placement and size of exterior signs consistent with the city’s high-quality residential character; and EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 39/71 March 11, 2019 4. To provide business establishments the ability to identify themselves with signage consistent with the high- quality residential setting of the community; and 5. To promote public safety by controlling the amount of clutter and visual distractions caused by signs; and 6. To establish minimum requirements for maintenance of signs. B. Applicability. 1. Applicability. The requirements of this section shall apply to all signs including sign structures, unless exempt under subsection (B)(2) of this section. No sign shall be installed, erected and/or displayed within the jurisdiction of the city of Medina, except as provided for in this section and MMC 20.64.070 (shoreline master program). 2. Exemptions. The following signs are exempt from the requirements of this section: a. Signs required by federal or state statutes or regulations that are exempt from local regulations; b. Signs placed inside of buildings or within the boundaries of a lot where the sign is not visible from other properties or city rights-of-way; c. Wall graphics of an artistic nature which do not contain commercial advertisement; d. Signs associated with a community event sanctioned by the city or with a special event where a special event permit is obtained pursuant to Chapter 9.40 MMC; and e. Signs meeting the definition of location identity sign as set forth in MMC 20.12.200, which meet the requirements set forth in MMC 20.30.025. 3. Limited Exemptions. The following signs are exempt from permit, number, height and size requirements prescribed elsewhere in this section: a. Flags that are not of a commercial nature, provided no more than three flags are displayed on the lot simultaneously; b. All signs having a sign area of 100 square inches or less, provided: i. The sign is not located within city rights-of-way; and ii. No more than two signs qualifying for this exemption are visible from city rights-of-way or nearby properties; c. Permanent signs having a sign area greater than 100 square inches, but not exceeding 144 square inches, provided: i. The purpose of the sign is to warn against trespassing consistent with the restrictions on peddlers and solicitors in Chapter 5.12 MMC; ii. The sign is not located within city rights-of-way; and iii. No more than three signs per property qualifying for this exemption are visible from city rights-of- way or nearby properties; d. Signs circulating traffic on private property provided: i. The sign is not located within city rights-of-way; ii. The sign does not exceed two square feet in sign area; and EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 40/71 March 11, 2019 iii. No more than two signs qualifying for this exemption are visible from city rights-of-way or nearby properties; e. Signs associated with nonresidential uses that communicate operational information such as, but not limited to, hours of access and open/closed signs that do not exceed two square feet in sign area; and f. Municipal signs pursuant to the requirements in subsection (G) of this section. 4. Prohibited Signs. The following signs are prohibited: a. Signs erected and/or displayed within any public park or public property, except as specifically allowed by the Medina Municipal Code; b. Signs erected and/or displayed on private property without the express consent of the owner thereof; c. Signs posted on public traffic or safety sign posts; d. Signs containing obscene or prurient words, scenes or graphics; e. Signs mounted on utility poles or light standards without the express consent of the entity that owns or controls the utility pole; f. Signs in or on vehicles or vessels visible from public property or city rights-of-way, unless the sign meets one of the following conditions: i. The sign is an integral component of the vehicle or vessel and consists of magnetic, decal or is painted onto or attached to the vehicle or vessel provided the vehicle or vessel is in operational condition, and the vehicle or vessel is not a static display; ii. Signs on vehicles or vessels meeting the requirements in subsection (B)(2)(c) of this section; g. Signs that are determined by the director to be a hazard to public safety due to their design, materials, physical condition, or placement. C. General Sign Provisions. 1. How to Apply the Sign Code. The principal use of the property, or the principal use of the property abutting a city right-of-way, shall control in applying the nonresidential sign standards in subsection (D) of this section, or the residential sign standards in subsection (E) of this section. The Medina Comprehensive Plan, Table 1: Land Use Inventory identifies nonresidential uses in the city. 2. Determining Signs Allowed by Use. a. Commercial establishments may have: i. Permanent signs authorized under subsection (D)(1) of this section; ii. Temporary commercial and noncommercial signs authorized under subsections (D)(2)(a) and (b) of this section; iii. Exempt signs authorized under subsections (B)(2) and (3) of this section; iv. Real estate and event signs authorized under subsection (F) of this section; and v. Location identity signs authorized in MMC 20.30.025; b. Nonresidential uses other than commercial establishments may have: i. Permanent signs authorized under subsection (D)(1) of this section; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 41/71 March 11, 2019 ii. Temporary noncommercial signs authorized under subsection (D)(3)(b) of this section; iii. Exempt signs authorized under subsections (B)(2) and (3) of this section; iv. Real estate and event signs authorized under subsection (F) of this section; and v. Location identity signs authorized in MMC 20.30.025. c. Residential uses may have: i. Permanent and temporary noncommercial signs authorized under subsection (E) of this section; ii. Exempt signs authorized under subsections (B)(2) and (3) of this section; iii. Real estate and event signs authorized under subsection (F) of this section; and iv. Location identity signs authorized in MMC 20.30.025. 3. Sign Permits. A building permit is required for the following: a. Erecting, installing or replacing any permanent sign having greater than two square feet of sign area; b. Erecting, installing or replacing any temporary sign located within any city right-of-way having greater than four square feet in sign area; c. Erecting, installing or replacing any temporary construction sign unless exempt pursuant to subsection (B)(2)(b) of this section; d. Repairs to any sign meeting the size requirements in subsection (C)(3)(a) or (b) of this section, excluding ordinary repairs as defined by the adopted building code set forth in Chapter 20.40 MMC. 4. Maintenance Requirements. a. Signs, including any and all components of the structures and/or supports thereof, shall be maintained in a proper state of repair; and b. The director may order abatement by repair, rehabilitation, demolition or removal of any sign determined to be in a poor state of repair or dangerous due to likely structural failure or faulty wiring. 5. Illumination. a. Where illumination of a sign is allowed, the following requirements apply: i. The illumination shall be by a steady light source; ii. Illumination of nonresidential signs is only allowed during business and/or operational hours; iii. No lighting shall be directed towards passing traffic or towards nearby properties; b. Strobe lights, flashing, moving or animated features, and other similar types of illumination, which are visible from public rights-of-way and nearby properties, are prohibited. 6. Signs in a City Right-of-Way. Placement of signs within a city right-of-way shall comply with the following: a. Signs shall be placed a minimum distance of 10 feet from the edge of pavement, except: i. The director may approve placement at a distance of less than 10 feet on a case-by-case basis after considering public safety factors; or EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 42/71 March 11, 2019 ii. Where the edge of pavement includes raised curbs, a sign may be placed less than 10 feet from the edge of pavement provided the sign does not cause unsafe conditions for the public’s use of the right- of-way; b. Consent by the abutting property owner is required before placement of any sign within a city right-of- way, excluding municipal signs; and c. Applicable requirements in Chapter 12.32 MMC are followed. 7. Measuring Sign Height. The height of a sign is measured from the lowest point of the existing grade beneath the sign to the highest point of the sign and sign structure. 8. Time Limitations. Where a nonpermanent sign is required to be removed after a designated time period, the designated time period shall be the maximum amount of time the sign can be erected or displayed during any consecutive 12-month period, except as provided for real estate/construction signs in Table 20.30.020(F). 9. Signs that are visible from the SR 520 state highway or located within the state highway right-of-way may be subject to the Scenic Vista Act set forth in Chapter 47.42 RCW. D. Nonresidential Signs. Signs associated with nonresidential uses shall comply with all of the standards set forth in this subsection (D). 1. Permanent Signs. Table 20.30.020(D)(1) sets forth the requirements for permanent signs associated with nonresidential uses. Table 20.30.020(D)(1): Permanent Sign Standards – Nonresidential Description Development Standard Maximum Sign Area 24 square feet per sign Maximum Height: • Freestanding sign 4 feet • Mounted sign* Not to exceed the height of the building Maximum Number of Signs One per each public street frontage the building and/or principal use is adjacent to, not to exceed 2 Placement Location: • On-site sign Allowed • Off-site sign Prohibited • On city right-of-way Prohibited Sign Illumination Allowed (See MMC 20.30.020(C)(5)) Sign Removal Required within 30 days after abandonment *Mounted signs are limited to being affixed to a building only 2. Temporary Signs. a. Commercial Signs. Table 20.30.020(D)(2)(a) sets forth the requirements for temporary commercial signs associated with nonresidential uses. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 43/71 March 11, 2019 Table 20.30.020(D)(2)(a): Temporary Commercial Sign Standards – Nonresidential Description Development Standard Maximum Sign Area 12 square feet Maximum Height: • Freestanding sign 4 feet • Mounted sign Not to exceed the height of the building, wall or fence to which it is attached Maximum Number of Signs One per each public street frontage the building and/or principal use is adjacent to, not to exceed 2 Placement Location: • On-site sign Allowed • Off-site sign Prohibited • On city right-of-way Allowed adjacent to lot only (See MMC 20.30.020(C)(6)) Sign Illumination Prohibited Sign Removal Must be taken down during nonbusiness hours b. Noncommercial Signs. Table 20.30.020(D)(2)(b) sets forth the requirements for temporary noncommercial signs associated with nonresidential uses. Table 20.30.020(D)(2)(b): Temporary Noncommercial Sign Standards – Nonresidential Description Development Standard Maximum Sign Area: • Banner sign 15 square feet • A-board sign 8 square feet • All other signs 4 square feet Maximum Height: • Freestanding sign 4 feet • Mounted sign Not to exceed the height of the building, wall or fence to which it is attached Maximum Number of Signs: • Banner signs exceeding 4 square feet in sign area One • Signs located on city right-of-way One per each 50 feet plus one for any remaining fraction thereof of abutting lineal street frontage • All other signs No restriction Placement Location: • On-site sign Allowed • Off-site sign Allowed EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 44/71 March 11, 2019 Description Development Standard • On city right-of-way Banner sign Prohibited All other temporary signs Allowed (See MMC 20.30.020(C)(6)) Sign Illumination Prohibited Sign Removal Must be removed within 24 hours of related event ending, or within 26 weeks of being erected and/or displayed, whichever period is shorter 3. Permanent and temporary commercial signs associated with commercial establishments can display only content specific to the commercial establishment and/or products, goods and services offered on site by the commercial establishment. 4. Window Signs. a. Temporary signs placed on a building window shall not cover more than 40 percent of the transparent surface area of the window. b. A permanent sign painted or etched on a window may be allowed in lieu of a mounted or freestanding sign prescribed in Table 20.30.020(D)(1) provided the maximum sign area does not cover more than 40 percent of the transparent surface area of the window. 5. In addition to the nonresidential commercial and noncommercial sign standards prescribed by this subsection (D), real estate and event signs are allowed that comply with the standards in subsection (F) of this section. E. Residential Sign Standards. Signs associated with residential uses shall comply with all of the standards set forth in this subsection (E). 1. Commercial Signs. Permanent and temporary commercial signs, including home business signs, shall not be erected and/or displayed on properties, or in the adjacent city right-of-way, having a principal use that is residential, except for real estate and event signs complying with the requirements in subsection (F) of this section. 2. Noncommercial Signs. Table 20.30.020(E) sets forth the requirements for all permanent and temporary noncommercial signs associated with residential uses. Table 20.30.020(E): Noncommercial Sign Standards – Residential Description Development Standard Maximum Sign Area: • Banner sign 15 square feet • All other signs 4 square feet Maximum Height: • Freestanding sign 4 feet • Mounted sign Not to exceed the height of the building, wall or fence to which it is attached Maximum Number of Signs: • Banner signs exceeding 4 square feet in sign area One • Signs located on city right-of-way One per each 50 feet plus one for any remaining fraction thereof of abutting lineal street frontage EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 45/71 March 11, 2019 Description Development Standard • All other signs No restriction Placement Location: • On-site sign Allowed • Off-site sign Permanent sign Prohibited Temporary sign Allowed • On city right-of-way Permanent sign Prohibited Banner sign A-board sign All other temporary signs Allowed (See MMC 20.30.020(C)(6)) Sign Illumination Prohibited Sign Removal – Temporary Sign Must be removed within 24 hours of related event ending, or within 26 weeks of being erected and/or displayed, whichever period is shorter Sign Removal – Permanent Sign Required within 30 days after abandonment F. Real Estate and Event Signs. Real estate and event signs shall comply with all of the standards set forth in this subsection (F). 1. In applying the definition of real estate and event sign to Table 20.30.020(F), the following subcategories of real estate and event signs shall apply: a. Real estate/construction signs, which are for the sole purpose of advertising a parcel, tract, lot, site or home for rent, lease or sale; or which identify the individual or company performing an active construction project including remodels of a property that has obtained a building permit under MMC 20.40.010(A) or (B) from the city; b. Event signs, which are for the sole purpose of selling a home’s household belongings or for advertising an open house event associated with the sale of a parcel, tract, lot, or site. 2. Table 20.30.020(F) sets forth the requirements for all real estate and event signs. Table 20.30.020(F): Real Estate and Event Sign Standards Description Development Standard Maximum Sign Area: • Real estate/ construction sign 5 square feet • Event sign 4 square feet Maximum Height: • Freestanding sign 6 feet • Mounted sign Not to exceed the height of the building, wall or fence to which it is attached Maximum Number of Signs: EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 46/71 March 11, 2019 Description Development Standard • Real estate/ construction sign One per lot, except as provided in MMC 20.30.020(F)(3) • Event sign 3 Placement Location: • Real estate/construction sign: • On-site sign Allowed • Off-site sign Prohibited, except as allowed in MMC 20.30.020(F)(3) • On city right-of-way Banner sign Prohibited All other real estate signs Allowed adjacent to lot only • Event sign: • On-site sign Allowed • Off-site sign Prohibited • On city right-of-way Banner sign Prohibited All other event signs Allowed (See MMC 20.30.020(H)) Illumination Prohibited Sign Removal: • Real estate/ construction sign See MMC 20.30.020(F)(5) • Event sign Must be removed daily within one hour after event closes each day, not to exceed being displayed more than three days per week 3. The maximum number of real estate/construction signs may be increased as follows: a. One additional sign may be posted on the waterfront side of a lot adjoining Lake Washington; b. If a property does not adjoin a city right-of-way, one additional sign advertising only a parcel, tract, lot, site or home for rent, lease or sale may be placed at the entrance to a private lane serving the subject property. 4. Event signs may be located further off site than adjacent to the subject lot provided subsection (C)(5) of this section is satisfied. 5. A real estate/construction sign may be erected or displayed on a site for up to 26 weeks, after which the sign shall be removed for at least four consecutive weeks before another real estate/construction sign may be erected or displayed again on the site, or the real estate/construction sign shall be removed within 24 hours after close of property sale or completion of a construction project, whichever period is shorter. G. Municipal Signs. 1. The requirements for permits for permanent signs set forth in subsection (C)(3) of this section shall apply to municipal signs, excluding traffic control signs. 2. Nothing else in this section shall restrict the erecting or posting of signs by the city, or its authorized representatives, for the safety, convenience or information of its citizens. H. Nonconforming Signs. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 47/71 March 11, 2019 1. All permanent signs that do not conform to the specific standards of this code that were erected in conformance with a valid permit or were erected in conformance with then applicable ordinances and regulations shall be considered legally nonconforming signs. 2. Nonconforming rights are not granted to temporary signs or signs that were in violation of previous versions of the Medina sign code. 3. Legally nonconforming signs may continue unless: a. The sign is abandoned; or b. The sign is changed as to the location, shape, or dimensions; or c. The user fails to keep the sign in good repair consistent with the maintenance requirements imposed by this section. In such cases, the sign as changed or repaired must comply with all applicable provisions of this section. (Ord. 948 § 5, 2017) 20.30.025 Location identity signs. A. Applicability. This section shall apply to all location identity signs. Other signs are regulated separately under MMC 20.30.020. B. Sign Permits. 1. A building permit is required for location identity signs meeting the requirements in MMC 20.30.020(C)(3). 2. All location identity signs placed within a city right-of-way require a right-of-way permit as set forth in MMC 12.08.010. C. Maintenance Requirements. 1. Location identity signs, including any and all components of the structures and/or supports thereof, shall be maintained in a proper state of repair; and 2. The director may order abatement by repair, rehabilitation, demolition or removal of any location identity sign determined to be in a poor state of repair or dangerous due to likely structural failure or faulty wiring. D. Illumination. 1. Illumination of a location identity sign shall comply with the following: a. The illumination shall be by a steady light source; b. No lighting shall be directed towards passing traffic or towards nearby properties. 2. Strobe lights, flashing, moving or animated features, and similar types of illumination associated with location identity signs are prohibited. E. Signs in a City Right-of-Way. Placement of location identity signs within a city right-of-way shall be placed a minimum distance of 10 feet from the edge of pavement, except the director may approve placement at a distance of less than 10 feet on a case-by-case basis after considering public safety factors. F. Measuring Sign Height. The height of a sign is measured from the lowest point of the existing grade beneath the sign to the highest point of the sign and sign structure. G. Location identity signs shall comply with the requirements set forth in Table 20.30.025. 1. In applying the definition of location identity sign to Table 20.30.025, the following subcategories of location identity sign shall apply: EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 48/71 March 11, 2019 a. Neighborhood signs, which are for the purpose of displaying the name of a neighborhood, geographic area or subdivision representing eight or more homes; b. Private lane signs, which are for the purpose of displaying the addresses of multiple lots where the primary vehicle access is by a shared private lane; c. In all other cases, location identity signs are for the purpose of displaying the address for a single lot. 2. Table 20.30.025 sets forth the requirements for all location identity signs. Table 20.30.025 Location Identity Sign Standards Description Development Standard Maximum Sign Area: • Neighborhood sign 12 square feet • Private lane sign 9 square feet • All others 2 square feet Maximum Height: • Freestanding sign Neighborhood sign 4 feet Private lane sign 8 feet All others 4 feet • Mounted sign Neighborhood sign Prohibited Private lane sign Prohibited All others Not to exceed height of structure Maximum Number of Signs: • Neighborhood sign One per clearly delineated neighborhood • Private lane sign One per shared private lane • All others No restrictions Placement Location: • On-site sign Neighborhood sign Not applicable Private lane sign Not applicable All others Allowed • Off-site sign Neighborhood sign Allowed Private lane sign Allowed per MMC 20.30.025(H)(1) All others Prohibited • On city right-of-way Neighborhood sign Allowed (See MMC 20.30.025(E)) Private lane sign Allowed per MMC 20.30.025(E) and 20.30.025(H)(1) All others Prohibited EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 49/71 March 11, 2019 Description Development Standard Sign Illumination Allowed (See MMC 20.30.025(D)) Sign Removal: • Neighborhood sign Must be removed within 30 days of abandonment • Private lane sign No restrictions subject to the maintenance requirements in MMC 20.30.025(C) • All others H. Miscellaneous. 1. Placement of a private lane sign shall be within the boundaries of the private lane easement, or if the sign is placed within a city right-of-way, its location shall be restricted to close proximity to where the private lane intersects the city right-of-way. 2. The content of location identity signs shall be limited as follows: a. Neighborhood signs shall not contain any advertising, addresses, or name of persons or entities other than the neighborhood the sign represents; b. Private lane signs shall contain the addresses of the lots whose access is by the shared private lane that the location identity sign identifies and may include the name of the private lane or the words “Private Lane”; c. All other location identity signs may display only the name of the property owner and/or the address of the property the sign supports. 3. Nonconforming Signs. Location identity signs that do not comply with the requirements in this section are subject to the nonconforming provisions for signs set forth in MMC 20.30.020. (Ord. 948 § 6, 2017) 20.30.030 Reconstruction, remodeling, expansion of nonresidential uses. Existing nonresidential uses requiring expansion, modification or rebuilding and exceeding 50 percent of the present value of the structure shall require obtaining a nonadministrative conditional use permit pursuant to MMC 20.72.010, unless the reconstruction, remodeling, or expansion involves a use requiring a nonadministrative special use permit, in which case a nonadministrative special use permit, or amendment thereto shall be required. (Ord. 900 § 4 (Att. A), 2013) 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. (Ord. 900 § 4 (Att. A), 2013) 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 on-site parking spaces is required; B. If a lot has access from a private lane, on-site 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; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 50/71 March 11, 2019 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. (Ord. 900 § 4 (Att. A), 2013) 20.30.060 Landscape screeningLandscaping. A. The Llandscapeing sScreening requirements prescribed by this section shall be imposed only where this section is referenced in other sections of the municipal code. The purpose of these Landscape Screening standards is to increase native vegetation where possible and provide appropriate natural screening where applicable to contribute positively to the aesthetic appearance of the City and residential climate within the City. B. Where a sight-obscuring screening is required, the following shall apply: 1. A high-density 100 percent mixture of evergreen shrubs and trees shall be planted that provides sight- obscuring screening from the ground up; 2. Shrubs and trees shall be a minimum six feet in height at the time of planting; 3. Shrubs and trees shall be planted having a planting pattern of at least five feet in width; 4. Where practical, existing vegetation should be incorporated into the sight-obscuring screening; and 5. The director may approve modifications to the requirements in this subsection (B) provided establishment of a sight-obscuring screen is satisfied. B. Landscape Screening – Types and description. 1. Solid Landscape Screening. a. Solid Landscape Screening is a “full screen” that functions as a visual barrier. b. Where Solid Landscape Screening is required, the following shall apply: i. A high-density 100 percent mixture of evergreen shrubs and trees shall be planted that provides solid sight-obscuring screening from the ground up. ii. Shrubs and trees shall be a minimum six feet in height at the time of planting. iii. Shrubs and trees shall be planted having a planting pattern of at least five feet in width. iv. Where practical, existing vegetation should be incorporated into the screen. v. All new plants used shall be native vegetation. c. The Director shall have discretion to modify Solid Landscape Screening requirements if the applicant timely requests such modification in writing and provides the legal justification and factual basis warranting the modification. The modification, if approved by the Director, shall insure that the modification meets the purpose of this code section, the modification is the minimum necessary, and the modification is supported by the onsite situation, facts and law. The EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 51/71 March 11, 2019 Director’s decision will comprise a Type 1 decision and be subject to the review provisions specified in Chapter 20.80, MMC. 2. Partial Landscape Screening. a. Partial Landscape Screening is a “partial screen” that functions as a visual buffer. b. Where Partial Landscape Screening is required, the following shall apply: i. A mix of evergreen and deciduous trees and shrubs shall be planted, spaced to provide an open, filtered screen. ii. Evergreen trees shall be spaced no more than 25 feet on center, deciduous trees spaced no more than 30 feet on center, shrubs spaced no more than five feet apart. iii. At least 50% of trees and shrubs shall be evergreen. iv. Where practical, existing vegetation should be incorporated into the screen. v. Partial Landscape Screening may contain bioretention facilities where feasible. vi. All new plants used shall be native vegetation. c. The Director shall have discretion to modify Partial Landscaping Screening requirements if the applicant timely requests such modification in writing and provides the legal justification and factual basis warranting the modification. The modification, if approved by the Director, shall insure that the modification meets the purpose of this code section, the modification is the minimum necessary, and the modification is supported by the onsite situation, facts and law. The Director’s decision will comprise a Type 1 decision and be subject to the review provisions specified in Chapter 20.80, MMC. C. Maintenance of Plant Materials. 1. The owner of the lot shall replace any unhealthy or dead plant materials in conformance with the approved landscape development proposal and shall maintain all landscape material. 2. The director may require a maintenance assurance device for a period of one year from the completion of planting in order to ensure compliance with the requirements of this section. (Ord. 943 § 1, 2016) 20.30.070 Residential driveways. A. The City of Medina encourages alternative single-family residential driveway designs which create less stormwater runoff. Alternative driveways include but are not limited to two-track driveways and permeable pavement driveways, as defined in the following sections. B. Two-track driveways. 1. A two-track driveway is constructed with two parallel tracks paved with hard material including but not limited to concrete, asphalt, or pavers, and separated by an unpaved, usually vegetated, area (See figure 20.30.070(B)). 2. The driveway apron shall be constructed in accordance with the engineering standards adopted or referenced by the City. 3. Individual driveway tracks shall be located entirely on private property. 4. If the two-track driveway is used as residential off-street parking per 20.30.050, the paved area may be less than 250 square feet; provided each track is not less than 20 feet long per parking space. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.30 CITY-WIDE USES Page 52/71 March 11, 2019 Figure 20.30.070(B) Two-track Driveway C. Permeable pavement driveways. 1. A permeable pavement driveway allows the passage of water through the pavement section. An aggregate rock base provides structural support and acts as a stormwater reservoir. Permeable paving surface materials which are appropriate for use on driveways are: a. Porous asphalt; b. Pervious concrete; c. Permeable interlocking concrete pavements (PICP); and, d. Grid systems. 2. Permeable pavements are Low Impact Development best management practices and shall be designed in accordance with the stormwater manual adopted under MMC 20.43.200. 3. The driveway apron shall be constructed in accordance with the engineering standards adopted or referenced by the City. 4. The permeable pavement driveway shall be located entirely on private property. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.31 LIMITED USES Page 53/71 March 11, 2019 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; or 6. If the use is a marijuana use as that term is defined in MMC 20.12.140, notwithstanding a state license or other recognition pursuant to RCW Title 69. (Ord. 933 § 6, 2016; Ord. 911 § 4, 2014; Ord. 900 § 4 (Att. A), 2013) 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 under lying 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. (Ord. 900 § 4 (Att. A), 2013) 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 manufacturer, 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; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.31 LIMITED USES Page 54/71 March 11, 2019 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 manufactured 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 20.70.060; 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. (Ord. 900 § 4 (Att. A), 2013) 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 principal 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; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.31 LIMITED USES Page 55/71 March 11, 2019 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. e. For parking design requirements, refer to Chapter 20.39 Parking. 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 Solid Landscape Screening pursuant to MMC 20.30.060 shall be installed such that the service is concealed year-round minimum four-foot in height vegetative hedge 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; b. Frontage plantings shall comprise a minimum of 60% native vegetation, or well-adapted drought- tolerant vegetation where site conditions are appropriate for establishment and long-term survival, and; bc. 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 principal automobile-related service 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 10 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 EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.31 LIMITED USES Page 56/71 March 11, 2019 3. Trade-inducing prizes shall be deemed merchandise. (Ord. 900 § 4 (Att. A), 2013) 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 and farming of animals and the farming of marijuana including the growth of marijuana in a residential medical marijuana cooperative as described in RCW 69.51A.250 and defined in MMC 20.12.140, notwithstanding any state license or other recognition pursuant to RCW Title 69. C. Commercial horticulture, truck gardening, and agriculture uses shall exclude marijuana uses, as defined in MMC 20.12.140. D. 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. (Ord. 933 § 7, 2016; Ord. 911 § 5, 2014; Ord. 900 § 4 (Att. A), 2013) EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.32 SPECIAL USES Page 57/71 March 11, 2019 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. (Ord. 900 § 4 (Att. A), 2013) 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 set back 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 20.23.060(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 subsection (B)(3) of this section. 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 52 and one-half percent of the lot area. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.32 SPECIAL USES Page 58/71 March 11, 2019 E. Landscaping. Partial Landscape Screening pursuant to MMC 20.30.060 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. For parking design requirements, refer to Chapter 20.39 Parking. 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 nonadministrative special use permit must be satisfied pursuant to MMC 20.72.010. (Ord. 900 § 4 (Att. A), 2013) 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 20.23.060(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 Tables 20.23.020(A) and (B) shall apply; and 4. Minimum Lot Area. a. Except as provided for in subsection (B)(4)(c) of this section, 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 10 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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.32 SPECIAL USES Page 59/71 March 11, 2019 1. The design of buildings shall incorporate features that minimize the amount of three-dimensional bulk on the building facade 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. D. Landscaping. 1. Partial Landscape Screening pursuant to MMC 20.30.060 shall be installed Landscaping is required that provides vegetative buffers that adequately mitigate visual and noise impacts on surrounding residences while minimizing impacts to safety-required lines of sight; 2. A site 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. Site landscaping materials shall include not less than 10% native vegetation, which may be calculated by including any required screening landscape area; dc. Provide lines of sight necessary for safe school operation; and ed. 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. 5. For parking design requirements, refer to Chapter 20.39 Parking. 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 3. Lighting that is directed towards school property only. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.32 SPECIAL USES Page 60/71 March 11, 2019 G. The approval criteria for a nonadministrative special use permit must be satisfied pursuant to MMC 20.72.010. (Ord. 900 § 4 (Att. A), 2013) 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 minimizes visual and noise impacts to adjoining properties and streets and may be required to be set back at least 30 feet from all property lines. D. Solid Landscape Screening pursuant to MMC 20.30.060 shall be installed 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 20.23.060(C), except the measurement of height shall be taken from the low point of the existing grade. F. The approval criteria for a nonadministrative special use permit must be satisfied pursuant to MMC 20.72.010. (Ord. 900 § 4 (Att. A), 2013) 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. For parking design requirements, refer to Chapter 20.39 Parking. 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 nonresidential 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 nonadministrative special use permit must be satisfied pursuant to MMC 20.72.010. (Ord. 900 § 4 (Att. A), 2013) 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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.32 SPECIAL USES Page 61/71 March 11, 2019 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 nonadministrative special use permit must be satisfied pursuant to MMC 20.72.010. (Ord. 900 § 4 (Att. A), 2013) 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 subsection (B)(1) of this section; 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; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.32 SPECIAL USES Page 62/71 March 11, 2019 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. 7. For parking design requirements, refer to Chapter 20.39 Parking. 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 nonadministrative special use permit must be satisfied pursuant to MMC 20.72.010. G. As a condition of approving a nonadministrative 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. (Ord. 900 § 4 (Att. A), 2013) 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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.32 SPECIAL USES Page 63/71 March 11, 2019 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 subsection (B) of this section, 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 20.23.060(C). (Ord. 900 § 4 (Att. A), 2013) EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.34 ACCESSORY USES Page 64/71 March 11, 2019 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. (Ord. 900 § 4 (Att. A), 2013) 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; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.34 ACCESSORY USES Page 65/71 March 11, 2019 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 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 principal 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. (Ord. 900 § 4 (Att. A), 2013) 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 subsection (C) of this section 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. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.34 ACCESSORY USES Page 66/71 March 11, 2019 B. Accessory uses not listed in subsection (A) of this section 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 subsection (D) of this section are complied with. 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 purchasers 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 record a statement of this condition by filing a notice on the title of the property containing the off-site accessory use*; 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. (Ord. 900 § 4 (Att. A), 2013) * Code reviser’s note: The word order of this sentence was corrected by the city to better reflect the intent of Ordinance 900. 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; EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.34 ACCESSORY USES Page 67/71 March 11, 2019 c. Hot tubs and spas, except as allowed in subsection (B) of this section; 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, except as allowed for major recreational facilities in subsection (C)(3) of this section; 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; 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 subsections (B)(1)(a) through (e) of this section. C. Development Standards. 1. Major recreational facilities shall comply with the development requirements of the zone in which the recreational facility is located, except as provided in subsection (C)(3) of this section. 2. Swimming pools, spas and hot tubs shall have the setback measured from the property line to the outside edge of the structural rim of the vessel (see Figure 20.34.040(C)(2)). 3. Major recreational facilities may protrude into setback areas provided: a. At least a 15-foot setback is maintained from each rear and front property line; and b. At least a 10-foot setback is maintained from each side property line. 4. The height of a swimming pool, hot tub or spa is measured from the lowest point of original grade or finished grade, whichever grade is lower, underneath the perimeter of the facility to the highest point of the structural rim of the vessel. (See Figure 20.34.040(C)(4).) EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.34 ACCESSORY USES Page 68/71 March 11, 2019 Figure 20.34.040(C)(2): Measuring Setback for Swimming Pools, Hot Tubs and Spas Figure 20.34.040(C)(4): Height of Swimming Pools, Hot Tubs and Spas 5. Major recreational facilities that protrude into setback areas shall comply with the following requirements: a. Solid Landscape Screening Sight-obscuring screening pursuant to MMC 20.30.060 shall be installed along the perimeter of the lot from which the facility is set back, such that the use is concealed year-round from public streets, private lanes, and nearby properties; b. All lighting shall be oriented or shielded such that the light does not shine or spill over onto neighboring properties or Lake Washington; c. Fences and barriers shall meet all development and building code requirements; and d. Additional mitigation measures may be required such as, but not limited to, restricted hours of use, limitations on lighting, increased screening, altered location, etc., to minimize any negative impacts generated by the use of the accessory recreational facility. (Ord. 943 § 2, 2016; Ord. 900 § 4 (Att. A), 2013) EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.39 PARKING Page 69/71 March 11, 2019 NEW Chapter 20.39 PARKING Sections: 20.39.010 Purpose. 20.39.020 Applicability. 20.39.030 Design standards. 20.39.040 Parking landscaping. 20.39.050 Director’s discretion. 20.39.010 Purpose. The objectives of this chapter are: A. To provide accessible, attractive, well-maintained and screened off-street parking facilities; B. To assure the maneuverability of emergency vehicles; C. To reduce impervious parking surface and manage stormwater close to the source. 20.39.020 Applicability. This chapter shall apply to all development applications in the City, with the exception of development applications in the following single-family residential zones: R-16, R-20, R-30, and SR-30. MMC 20.36 shall apply as applicable to existing parking lots. 20.39.030 Design standards. A. General Requirements. 1. Off-street parking facilities shall be designed and maintained in accordance with the standards hereunder, provided that a minimum of 10% and maximum of 30% of parking stalls shall be compact spaces as described in Table 20.39.030(A). All parking facilities must be paved and shall conform to MMC 20.43 and MMC 13.06. Table 20.39.030(A): Standard Parking Dimensions A B C D E Parking Angle Parking Type Stall Width Stall Depth Aisle Width Curb Length 1-way traffic 2-way traffic Parallel Compact 8 N/A 12 20 20 Normal 9 N/A 12 20 24 30˚ Compact 8 15 11 20 16 Normal 9 17 11 20 18 45˚ Compact 8 17 12.5 20 11.5 Normal 9 19 12.5 20 12.7 60˚ Compact 8 18 17.5 20 9.2 Normal 9 20 17.5 20 10.4 90˚ Compact 8 16 24 25 8 Normal 9 18 24 25 9 2. Parking facilities including number of parking spaces, dimension of parking spaces and parking facilities, geometry, and marking shall conform to all currently adopted federal, state, and local accessibility and safety standards. The Director may approve alternative parking geometries consistent with all currently adopted federal, state, and local design standards. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.39 PARKING Page 70/71 March 11, 2019 3. Fire apparatus access roads, including Fire Lanes, shall conform to MMC 20.40.125. Figure 20.39.030(A): Illustration of Parking Dimension Terms B. Compact Parking Stall Exception. The Director may waive the minimum compact parking stall requirement for parking facilities constructed entirely from permeable pavement; provided: 1. The permeable pavement is designed, constructed, and maintained in accordance with the stormwater manual adopted under MMC 20.43.200; and 2. Removal of the permeable pavement, unless removed to reduce the overall size of the parking lot and number of spaces or unless replaced with new permeable pavement, shall void any waiver of the minimum compact parking stall requirement. EXHIBIT A Ordinance No. 969 Medina Municipal Code Chapter 20.39 PARKING Page 71/71 March 11, 2019 20.39.040 Parking landscaping. A. Applicability. The landscape development standards of this section are in addition to the other requirements of this chapter. The purpose of these landscaping standards is to decrease effective impervious surface; increase native vegetation; and maintain visibility for public safety. B. Minimum perimeter landscaping shall be provided as follows: 1. Between parking lots and street rights-of-way, perimeter landscaping strips shall be a minimum of ten (10) feet in width. 2. Landscape plantings must comprise of a minimum of 60% native vegetation, or well-adapted drought- tolerant vegetation where site conditions are appropriate for establishment and long-term survival. Grass lawn is prohibited except as approved for stormwater conveyance. 3. Bioretention facilities may be used to meet perimeter landscaping requirements. 4. Existing street trees may be used to meet perimeter landscaping requirements. 5. Shrubs, trees and plantings within the required sight line areas shall not interfere with required sight distances. C. Minimum interior parking lot landscaping shall be provided as follows: 1. Interior parking lot landscape area shall be a minimum of 15% of combined parking stall and aisle area. 2. Parking lot landscape should reinforce pedestrian and vehicular circulation, especially parking lot entrances, ends of driving aisles, and pedestrian walkways leading through parking lots. 3. Landscape islands are required as follows: a. One tree for every six parking spaces shall be provided. b. Landscape islands shall be a minimum of one hundred forty-four (144) square feet in size. Islands shall be designed so that trees will be planted a minimum of four (4) feet from any hard scape surface. The minimum island size may be reduced, on a case by case basis, if appropriate ‘structural soil’ is provided to ensure that trees can achieve maturity. c. All landscape islands within parking areas shall be comprised of a minimum of 60% native vegetation, or well-adapted drought-tolerant vegetation where site conditions are appropriate for establishment and long-term survival. Grass lawn is prohibited except as approved for stormwater conveyance. d. Trees and vegetation planted within bioretention facilities may be counted toward these ratios. e. To protect vegetation, a minimum four-foot area from the base shall be provided for all trees and shrubs where vehicle overhang extends into landscape areas. 20.39.050 Director’s discretion. The Director shall have discretion to modify the minimum parking dimensions and/or minimum landscaping requirements if the applicant timely requests such modification in writing and provides the legal justification and factual basis warranting the modification. The modification, if approved by the Director, shall insure that the modification meets the purpose of this code chapter, the modification is the minimum necessary, and the modification is supported by the onsite situation, facts and law. The Director’s decision will comprise a Type 1 decision and be subject to the review provisions specified in Chapter 20.80, MMC. EXHIBIT A Ordinance No. 969