HomeMy WebLinkAboutOrdinance No. 0979Ordinance No. 979
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON AMENDING SECTIONS
20.23.070 AND 20.71.010 OF THE MEDINA MUNICIPAL CODE TO EXCLUDE
PHOTOVOLTAIC PANELS FROM HEIGHT LIMITATIONS AND MODIFY THE MINOR
DEVIATION PROCESS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, Title 20 of the Medina Municipal Code ("MMC or "Code") contains the City
of Medina's ("City") uniformed development code; and
WHEREAS, MMC 20.23.070 governs building height and structures; and
WHEREAS, the City would like to promote the use of natural sources of energy; and
WHEREAS, the City staff recommended excluding photovoltaic panels from building and
structure height limitations so as to effectuate the goal of promoting the use of natural sources of
energy; and
WHEREAS, MMC 20.71.010 governs the minor deviation process; and
WHEREAS, currently minor deviations are only permitted where the request to increase
the amount of bulk inside a setback area, or above a height limitation, and the lot area of the site
is less than 16,000 square feet; and
WHEREAS, this requirement limits the scope and usefulness of the minor deviation
process and encourages property owners to scrape the entire house rather than remodel it; and
WHEREAS, the City would like to encourage property owners to retain existing homes
rather than scraping and rebuilding new homes; and
WHEREAS, City staff recommended eliminating the lot area limitation provision of MMC
20.73.010 so as to effectuate the goal of encouraging retaining existing homes; and
WHEREAS, the City provided a Notice of Intent to Adopt certain code amendments to the
Washington State Department of Commerce in accordance with RCW 36.70A.106 and MMC
20.81.070 on September 30, 2019; and
WHEREAS, a State Environmental Policy Act (SEPA) environmental checklist was
prepared and a Determination of Non -Significance (DNS) was issued on October 2, 2019; and
WHEREAS, the City published a legal ad in the Seattle Times on October 3, 2019 for a
public hearing before the Medina Planning Commission, to solicit and receive public testimony
regarding the proposed amendments; and
WHEREAS, the Planning Commission reviewed and evaluated the proposed
amendments over the course of three meetings, including a public hearing on October 22, 2019;
and
WHEREAS, after considering staff recommendations and reviewing the record, the
Planning Commission voted to recommend approval of the proposed amendments to City Council
for review on November 19, 2019; and
Ordinance No. 979 Page 1 of 6
WHEREAS, the City Council published a legal notice in the Seattle Times on November
22, 2019, for a public hearing on December 9, 2019 before the City Council to solicit and receive
additional public testimony regarding the Planning Commission's recommendation on the
proposed amendments; and
WHEREAS, the City Council finds that based on City staffs recommendations and public
testimony, these amendments are consistent with the City's Comprehensive Plan, will enhance
the public health, safety and welfare, and advance the public's interest; and
WHEREAS, the City Council desires to take the actions set forth in this ordinance,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council adopts the foregoing recitals as its findings and
conclusions concerning the matters described therein, also intending thereby to provide a record
of the facts, issues and process involved in its consideration.
Section 2. Amendment to MMC 20.23.070. Section 20.23.070 of the Medina Municipal
Code is hereby amended to read as follows:
20.23.070 Building and structure height exceptions.
The following are exempt from the height standards in MMC 20.23.050:
A. Spires, belfries and domes of religious facilities not intended for human occupancy provided
the height is approved as part of the nonadministrative special use permit for the religious
facility;
B. Flag poles, provided the pole does not exceed:
1. A height of 45 feet above the existing grade; and
2. A width of 12 inches diameter at the widest point of the pole;
C. Chimneys, chase, mechanical equipment, vents or other essential building elements required
by the building codes provided:
1. The structure or equipment does not project more than three feet above the maximum
height otherwise allowed on the lot;
2. The structure or equipment does not exceed five feet in horizontal width above the
maximum height otherwise allowed on the lot;
D. Photovoltaic (PVn panels provided that:
1. The panels do not project more than six (6) inches above the maximum height
otherwise allowed on the loth and
2. Where feasible, the support structure of a roof -mounted panel is screened by
extended parapets or other architecturally integrated screening.
Ordinance No. 979 Page 2 of 6
DE. Wireless communication facilities approved pursuant to Chapter 20.37 MMC; and
QF Exceptions specifically granted elsewhere in the Medina Municipal Code.
Section 3. Amendment to 20.71.010. Section 20.71.010 of the Medina Municipal Code is
hereby amended to read as follows:
20.71.010 Minor deviation.
A. Purpose. The purpose of a minor deviation is:
1. To allow for minor departures from numeric development standards for remodeling
projects; and
2. To allow flexibility in design while preserving nonconforming conditions with respect to
setback requirements and maximum building heights.
B. Applicant. Any owner may submit an application for a minor deviation.
C. Procedures. Minor deviations are processed as a Type 2 decision pursuant to the review
procedures set forth in Chapter 20.80 MMC.
D. Applicability. A minor deviation may be approved for the following:
1. Departures by five percent or less from any numeric development standard provided:
a. If the numeric development standard is expressed as a percentage, the five
percent is calculated as the numeric percentage multiplied by 1.05; and
b. Requests for departures may include qualifying conditions such as structural
coverage bonuses and height bonuses.
2. Departures from building height and zoning setback standards to allow a building
addition to match an existing nonconforming building height or setback that was legally
established provided:
a. Matching a nonconforming building height means a building addition extending
above the maximum zoning height applicable to the building, but the highest
point of the addition does not exceed the highest point of the roof of the existing
building; or
b. Matching a nonconforming zoning setback means a building addition
extending into the setback area, but the addition does not extend closer to the
property line than the closest point of the existing building, excluding gutters; and
c. The total above -ground bulk of the building located within the nonconforming
height or setback envelope does not occupy more than 60 percent of the
maximum possible above -ground bulk that could otherwise be built within the
nonconforming building height or setback envelope with approval of a minor
deviation.
Ordinance No. 979 Page 3 of 6
E. Limitations. A minor deviation shall not be approved for the following:
1. Where the request is to obtain final approval of a structure that compliance with the
numeric development standard was represented in the building permit application, but
subsequent construction is noncompliant; or
2. Where the project consists of a building alteration or improvement that was completed
at any time within the previous five years; eF.
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F. Criteria for Approval. The decision authority may approve a minor deviation only if the
following criteria are satisfied:
1. The minor deviation does not constitute a granting of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and zone in which the
subject property is located; and
2. The granting of such minor deviation will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in which the
subject property is situated; and
3. The proposed development will not substantially reduce the amount of privacy
enjoyed by adjoining property owners than if the development was built as specified by
the zoning code; and
4. For departures set forth in subsection (D)(1) of this section, the minor deviation is
necessary, because of special circumstances relating to the size, shape, topography,
location or surroundings of the subject property, to provide it with use rights and
privileges permitted to other properties in the vicinity and in the zone in which the subject
property is located.
G. Conditions of Approval. The decision authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
H. Lapse of Approval.
1. An approved minor deviation shall expire after one year from the later date of the
decision being issued or an appeal becoming final unless a complete building permit
application is submitted; and
2. Expiration of the minor deviation is automatic and notice is not required; and
3. The director may grant a single six-month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension.
Section 4. Corrections. The City Clerk and codifiers of the ordinance are authorized to
make necessary corrections to this Ordinance including, but not limited to, the correction of
Ordinance No. 979 Page 4 of 6
Passed by the Medina City Council and approved by the Mayor this 9th day of December 2019,
Cynthi6 Adkins, Mayor
Approved as to form: Attest'.
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Scott Missall, City Attorney Aimee Kellerman, City Clerk
Ogden Murphy Wallace PLLC
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Ordinance No. 979
Page 5 of 6
SUMMARY OF ORDINANCE NO. 979
of the City of Medina, Washington
On December 9, 2019, the City Council of the City of Medina, Washington, approved Ordinance No.
979, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON AMENDING SECTIONS
OF CHAPTERS 20.23.070 AND 20.7 1.010 OF THE MEDINA MUNICIPAL CODE TO
PERMIT PHOTOVOLTAIC PANELS ON RESIDENTIAL BUILDINGS AND MODIFY THE
MINOR DEVIATION PROCESS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of December 9, 2019.
CITY CLERK, AIMEE KELLERMAN
Ordinance No. 979 Page 6 of 6