HomeMy WebLinkAboutOrdinance No. 0900Ordinance No. 900
CITY OF MEDINA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON REPEALING CERTAIN CHAPTERS OF TITLE 17 (ZONING) OF
THE MEDINA MUNCIPAL CODE (MMC); REPEALING CHAPTERS 14.08
ADMINISTRATIVE REVIEW OF APPLICATIONS) AND 14.12 MMC (SITE PLAN
REVIEW); AMENDING THE UNIFIED DEVELOPENT CODE IN TITLE 20 OF THE
MMC BY ADOPTING NEW CHAPTERS 20.10 – 20.37, 20.70-.72, AND 20.90-.91;
AMENDING OTHER SECTIONS OF THE MEDINA MUNICIPAL CODE FOR
CONSISTENCY WITH THE UNIFIED DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE
WHEREAS, the City of Medina is classified as a non-charter code City under title
35A RCW; and
WHEREAS, the city council adopted zoning regulations by Ordinance No. 16, on
December 5, 1955, and last amended by Ordinance No. 873 adopted on June 13, 2011; and
WHEREAS, the city performed a comprehensive review of its zoning and permitting
regulations that was summarized in a Permitting and Zoning Study; and
WHEREAS, the Permitting and Zoning Study was presented to the city council at a
meeting on June 29, 2009, with the following goals stated in the study:
1. Create a user-friendly code that is more easily understood by people who are not
land use professionals;
2. Maintain consistency with state and federal law, including consistency with
Medina’s comprehensive plan;
3. Clarify confusing and ambiguous language, and correct conflicting regulations;
4. Eliminate redundancy whenever possible;
5. Maintain flexibility to address individual circumstances by better defined
discretionary decision-making authority;
6. Include clear intent language and performance standards;
7. Ensure permitting processes include meaningful opportunities for public input as
appropriate; and
8. Look for opportunities to streamline permit processes to achieve better
efficiencies by reducing time, cost and effort while protecting neighboring
property owners and the preservation of community character.
WHEREAS, pursuant to the Growth Management Act (GMA), chapter 36.70A RCW,
the City Council has adopted the City of Medina Comprehensive Plan, as amended by
Ordinance 783, passed March 14, 2005; and
WHEREAS, the City is a developed community that consists almost exclusively of
detached single-family homes on individual lots, and Goal LU-G1 of the Medina
Comprehensive Plan provides that the City’s first land use planning goal is: “To maintain
Medina’s high-quality residential setting and character; and
WHEREAS, Land Use Policy LU-P1 provides that the city shall minimize changes to
existing zoning and land use patterns except as necessary to meet land use goals, such as
maintaining Medina’s high-quality residential setting and character, when deemed
necessary by its citizens; and
WHEREAS, the city council desires to update the city’s development regulations
consistent with the 2009 Permitting and Zoning Study and the comprehensive plan; and
WHEREAS, the “Unified Development Code” format creates a more user-friendly
development regulations consistent with the goals of the 2009 Permitting and Zoning study;
and
WHEREAS, the city desires to restructure the city’s development regulations into a
Unified Development Code” to focus on creating a more logical and streamlined grouping of
like provisions and remove duplicative, conflicting or ambiguous regulations; and
WHEREAS, the city council has adopted Ordinances Nos 852, 854, and 855
consistent with a “Unified Development Code” grouping like provisions for project-permit
review procedures, legislative review procedures, building codes, and subdivisions; and
WHEREAS, the substantive changes to the zoning code contained within this
ordinance focus on clarifying and simplifying regulations consistent with the goals set forth in
the 2009 permitting and zoning study; and
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was
transmitted to the Washington State Department of Commerce on March 27, 2013; and
WHEREAS, after providing notice, the Planning Commission held a public hearing
on April 23, 2013, to receive public testimony concerning the proposed code amendment
and voted to forward a recommendation to the City Council; and
WHEREAS, the City Council held a public hearing on June 10, 2013, to receive
public testimony concerning the proposed code amendment; and
WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of
Non-significance (DNS) for the proposed code amendment was issued on April 4, 2013,
pursuant to WAC 197-11-340(2);
WHEREAS, the City Council makes the following findings of fact in support of its
decision:
A. A SEPA threshold Determination of Nonsignificance was issued April 4, 2013.
B. The City provided appropriate opportunity for the public to participate in the
planning process. The Planning Commission held 10 public meeting and a
public hearing in developing their recommended amendments to the zoning
regulations. The City Council, after receiving the Planning Commission’s
recommendation, held a public hearing to receive public comments on the
proposal. Public noticing was made to notify and solicit input from the public
including posted notices on the City’s notice boards, sending electronic notices to
interested parties, creating a website exclusive to the zoning code update and
posting documents thereto, and mailing postcard notices to the entire community
notifying them of the Planning Commission’s public hearing and the City’s
website containing the proposal.
C. The City reviewed the proposed amendments for consistency with the Medina
Comprehensive Plan. The goals and policies set forth in the comprehensive plan
reflect a community that is built-out with very limited opportunities for growth and
a character that is predominately low-density single-family residential
development. The amendments to the zoning regulations are consistent with the
goals and policies of the Medina Comprehensive Plan in that it preserves this
character.
D. The proposed amendments bear a substantial relation to the public health, safety
and welfare. The amendments further clarify existing regulations, which are
based on the goals and policies of the comprehensive plan and Medina’s existing
zoning regulations.
E. The proposed amendment advances the public interest of the community by
making the regulations more complete and easier to follow with minimal changes
to the substantive elements of the existing zoning regulations. A zoning and
permitting study was prepared prior to development of amendments that was
accepted by the City Council to serve as a guide in updating the zoning
regulations.
and;
WHEREAS, given the findings of fact set forth immediately above, the criteria for
amendment of the text of the City’s development regulations set forth in MMC Section
20.81.080 are met; and
WHEREAS, the Medina City Council desires to adopt the following amendments to
the City’s development regulations:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Repeal of Current Zoning Code. Chapters 17.04, 17.08, 17.12, 17.16,
17.20, 17.21, 17.24, 17.28, 17.32, 17.36, 17.40, 17.44, 17.48, 17.49, 17.50, 17.52, 17.56,
17.56A, 17.56B, 17.60, 17.64, 17.68, 17.72, 17.76, 17.80, 17.84, 17.90 and 17.94 of the
Medina Municipal Code are hereby repealed in their entirety.
Section 2. Repeal of Administrative Review of Applications. Chapter 14.08 of
the Medina Municipal Code is hereby repealed in its entirety.
Section 3. Repeal of Site Plan Review. Chapter 14.12 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 4. Adoption of New Zoning Code. A new Subtitle 20.1, 20.2, 20.3 and
20.9 of the Medina Municipal Code and chapters thereto are hereby adopted as set forth in
Attachment A” of this ordinance.
Section 5. Adoption of New Chapters on Permits and Approvals. A new
Subtitle 20.7 of the Medina Municipal Code and chapters thereto are hereby adopted as set
forth in “Attachment B” of this ordinance.
Section 6. Amend Section 1.15.030. Section 1.15.030 of the Medina Municipal
Code is recommended to be amended to read:
This chapter applies to any violations of:
A. Title ((17)) 20 MMC, ((Zoning)) Unified Development Code;
B. Chapter 8.04 MMC, Nuisances;
C. Chapter 8.06 MMC, Noise;
D. Chapter 12.08 MMC, Construction in Streets;
E. Chapter 12.28 MMC, Tree Code;
F. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights-of-Way;
G. ((Chapter 14.12 MMC, Site Plan Review;
H.)) Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities;
I.)) H. Chapter 18.08 MMC, Shoreline Management Master Program;
J.)) I. Chapter 18.12 MMC, Critical Areas;
K. Chapter 20.40 MMC, Building Codes;
L. Chapter 20.44 MMC, Minimum Maintenance Standards for Vacant Residences and
Abandoned Construction Sites;)) and
M.)) J. Other Medina Municipal Code sections that make reference to this chapter
Section 7. Repeal Section 2.78.065. Section 2.78.065 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 8. Amend Section 2.78.070. Section 2.78.070 of the Medina Municipal
Code is hereby amended to read:
The hearing examiner shall have the following duties and responsibilities:
A. The hearing examiner shall conduct public hearings and make decisions or
recommendations when authorized to do so under the Medina Municipal Code or by
specific grant of authority from the city council;
B. In carrying out the duties, the hearing examiner shall review available information,
maintain an accurate record of the proceedings, determine findings of fact from the
record, and form conclusions in support of recommendations or decisions;
C. The hearing examiner may also exercise administrative powers and such other quasi-
judicial powers as may be granted by the city council.
The hearing examiner shall review and act on the following:
A. Appeals of administrative decisions/determinations, including but not limited to SEPA
determinations, lot line adjustments, short subdivisions, administrative interpretations,
temporary noise variances, code enforcement and any other decisions affecting a
landowner’s ability to develop property within the city:
B. Conditional use permits;
C. High bank density development permits;
D. Planned land use development permits;
E. Shoreline conditional use permits;
F. Shoreline variances;
G. Special use permits, except where reviewed administratively per MMC 14.08.020(B);
H. Substantial development permits;
I. Tree removal and pruning pursuant to Chapter 12.28 MMC;
J. Variances, except where reviewed administratively per MMC 14.08.020(A);
K. Historical use permits;
L. Technical and economic noise variances pursuant to Chapter 8.06 MMC; and
M. Other matters as provided in the Medina Municipal Code and other ordinances.))
Section 9. Repeal Section 2.78.110. Section 2.78.110 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 10. Amend Section 2.78.120. Section 2.78.120 of the Medina Municipal
Code is hereby amended to read:
In addition to all other fees and costs required, each application for a permit which requires
a hearing before the hearing examiner shall be assessed an additional fee ((of $1,000))
established pursuant to MMC 20.14.040 to defer the expense of the hearing examiner.
Section 11. Repeal Section 2.78.130. Section 2.78.130 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 12. Amend Section 3.64.010. Section 3.64.010 of the Medina Municipal
Code is hereby amended to read:
In addition to development fees established as set forth in Chapter ((17.44 MMC)) 20.14
MMC, authority is delegated to the city manager to establish, increase or decrease fees for
other services provided by the city, including but not limited to the following: accident and
case reports; audio duplications; computer printouts; copies; hearing examiner hearings;
witness fees; jury service fees; municipal court fees; business license fees; franchise fees;
animal impound and license fees; registration of home security systems; fireworks licenses
not to exceed the maximum amount set by state law, RCW 70.77.555); parking permits;
bicycle licenses; oversize vehicle permits; overweight vehicle permits; tracked, spiked,
cleated or lugged vehicle permits; construction vehicle parking permits; street excavation
permits; street trench cut permits; right-of-way tree trimming or removal permits; permits for
tree removal during new development or reconstruction; garage sale permits; blanket utility
permits; appeals of administrative decisions; administrative variances and permits;
extension of building permits; renewal of building permits; burning permits; building moving
permits; construction mitigation plans; accessory dwelling unit registration; special use
permits; satellite receiving system permits; home occupation permits; adult family home
permits; family day care permits; house trailer occupancy permits; sign permits; sign
impound fees; waterfront construction fees; wireless communication facility permits;
environmental reviews (SEPA and shoreline); shoreline development permits; concealed
weapon permits; requests for reconsideration; reroofing permits; clarification or modification
of decisions; comprehensive plan amendments; Endangered Species Act review;
replacement permits; applications for variance renewal; amendments of zoning ordinances;
returned checks; rezones and amendments to the comprehensive plan.
Section 13. Amend Section 12.06.020. Section 12.06.020 of the Medina Municipal
Code is hereby amended to read:
It shall be unlawful for any person to dig up, cut into, mar, deface, alter, break, excavate,
tunnel, undermine or in any manner break up any street or to make or cause to be made
any excavation in or under the surface of any street any earth or other excavated material
obstructing or tending to interfere with the free use of the street, unless such person shall
first have obtained a right-of-way permit pursuant to ((Chapter 20.80 MMC)) MMC 20.70.020
and the provisions of this chapter.
Section 14. Repeal Section 12.06.370. Section 12.06.370 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 15. Amend Section 12.08.010. Section 12.08.010 of the Medina Municipal
Code is hereby amended to read:
A. It is unlawful to dig or cut into or mar, deface or alter any road or street right-of-way,
whether improved or unimproved, without first obtaining, and in compliance with the
terms of, a right-of-way permit pursuant to ((Chapter 20.80 MMC)) MMC 20.70.020 and
the provisions of this chapter. Additionally, the city engineer and/or the city manager or
designee may require a right-of-way permit to use the city’s right-of-way when a
construction or excavation activity is anticipated to negatively impact the city’s streets.
B. 1. No permit shall be issued unless the action proposed is reasonably necessary and is
consistent with the comprehensive plan and the street design standards referenced
therein.
2. All such permits shall require that adequate warning or protective structures, signs,
signals or devices will be maintained until the right-of-way is restored and that
restoration will be accomplished in a reasonable time specified therein to a condition
substantially equal to its prior condition, to the decided satisfaction of the city
manager.
3. In the event of failure to restore the right-of-way as set forth above, the city shall
have the right, but not the obligation, to restore the right-of-way to its prior condition
and to charge all costs thereof to the applicant. A lien for such costs may be placed
against any property of the applicant within the city and enforced as a mechanics’
lien pursuant to the laws of the state.
C. Any permit issued under this section shall state the location of the proposed action, why
it is necessary, whether or not warning or protective structures, signs, signals or devices
shall be maintained, the time within which the road or street right-of-way must be
restored, and the deposit or bond, if any, required to protect the city in its restoration.
D. Fees charged for issuance of right-of-way permits are specified in the fee schedule
adopted pursuant to Chapter ((3.64 MMC)) 20.14 MMC and, where there is any cutting
of the surfaced portion, a deposit or bond may be required in an amount sufficient to
assure adequate and timely restoration. Upon such restoration, any deposit shall be
returned or bond released; otherwise, the person authorized may withhold so much of
the deposit as may be necessary to assure such restoration or instruct the city attorney
to bring action against the permittee and/or his surety.
E. Any violation of this chapter shall be subject to the enforcement provisions and penalties
set forth in Chapter 1.15 MMC.
Section 16. Amend Section 12.10.020. Section 12.10.020 of the Medina Municipal
Code is hereby amended to read:
No person, corporation, firm, or organization shall move any building over, along or across a
city right-of-way or property without first obtaining a building permit from the city as set forth
in ((Chapter 20.40 MMC)) MMC 20.70.010.
Section 17. Repeal Section 12.10.090. Section 12.10.090 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 18. Amend Section 12.12.040. Section 12.12.040 of the Medina Municipal
Code is hereby amended to read:
A. Any work affecting the location of its poles, pipes, conduits in, upon, or along city streets
by or at the instance of a public utility as defined in this chapter, shall be done only upon
approval of a right-of-way permit pursuant to MMC 12.70.020 ((showing approval by the
street superintendent or other person to whom his authority may be delegated,)) and
according to any applicable ordinances or resolutions of the city.
B. Such applications shall be accompanied by at least two maps to the same scale as the
map required under MMC 12.12.030, if such is requested by the city and the permit shall
be in addition to that required where cutting into the surface of, or altering, city streets is
involved.
Section 19. Amend Section 12.28.035. Section 12.28.035 of the Medina Municipal
Code is hereby amended to read:
A.)) When the provisions in MMC 12.28.030 apply to private property, an administrative
tree removal permit is required pursuant to MMC 20.70.050, except as ((provided)) set
forth in MMC 12.28.055.
B. Administrative tree removal permits are ((a Type 1 decision processed pursuant to
Chapter 20.80 MMC and the criteria and conditions established in this chapter.))
Section 20. Amend Section 12.28.055. Section 12.28.055 of the Medina Municipal
Code is hereby amended to read:
A. A nonadministrative tree removal permit shall be required when removal of a significant
tree from private property involves a tree having a 50-inch or greater DBH and the tree is
not located within the new building footprint on properties undergoing development.
B. Nonadministrative tree removal permits are ((a Type 3 decision)) processed pursuant to
Chapter 20.80)) MMC 20.72.100 and ((the following:
1. A))applications shall be submitted containing the information set forth in MMC
12.28.160((; and
2. The decision on the permit shall be based on the criteria set forth in MMC 12.28.180(A)
through (E))).
C. Removal of a significant tree from private property where such tree is a minimum of 50-
inch DBH and is located within the new building footprint on properties undergoing
development is allowed pursuant to the replacement provisions of MMC 12.28.060(C).
Section 21. Amend Section 12.28.170. Section 12.28.170 of the Medina Municipal
Code is hereby amended to read:
A. When an application to remove, prune or trim a tree in the public right-of-way is provided
by a property owner adjoining the subject right-of-way, the following shall apply:
1. The application shall be for an administrative right-of-way tree trimming/removal
permit;
2. The application shall be processed ((as a Type 2 decision)) pursuant to ((Chapter
20.80)) MMC 12.71.050((; and
3. The decision on the permit shall be based on the criteria set forth in MMC
12.28.180)).
B. When an application to remove, prune or trim a tree in the public right-of-way is provided
by a property owner who is not adjoining the subject right-of-way, the following shall
apply:
1. The application shall be for a nonadministrative right-of-way tree trimming/removal
permit;
2. The application shall be processed ((as a Type 3 decision)) pursuant to ((Chapter
20.80)) MMC 20.72.090((; and
3. The decision on the permit shall be based on the criteria set forth in MMC
12.28.180)).
Section 22. Amend Section 12.28.230. Section 12.28.230 of the Medina Municipal
Code is hereby amended to read:
A. All tree trimming, pruning and/or removal in city rights-of-way to be accomplished by a
public or private utility for any purpose shall not be performed without first obtaining a
nonadministrative right-of-way tree trimming/removal permit pursuant to the process in
Chapter 20.80)) MMC 20.72.090.
B. Prior to a hearing before the hearing examiner, the permit applicant shall submit a
comprehensive work plan to the city manager or the city manager’s designee for review
and concurrence.
C. A permit applicant’s work plan shall adhere to the provisions found in other applicable
sections of Chapter 12.28 MMC as well as any special provisions as defined by the city
manager or the city manager’s designee and consistent with the purpose statements in
MMC 12.28.010.
Section 23. Amend Section 12.28.240. Section 12.28.240 of the Medina Municipal
Code is hereby amended to read:
A. ((Any permit granted hereunder shall expire 18 months from the date of issuance or
upon expiration of a corresponding building permit, whichever occurs later. Approved
plans shall not be amended without authorization of the city manager or designee. The
permit may be suspended or revoked by the city manager or designee or designated
official due to incorrect information, supplied knowingly or otherwise, or any violation of
the provisions of the Medina Municipal Code.
B.)) No work shall commence until a permit notice has been posted on the subject site at a
conspicuous location. The notice shall remain posted until the project has been
completed.
C.)) B. Applications for tree removal permits may be circulated to other city departments or
state agencies for review and approval as is deemed necessary by the city landscape
consultant.
D.)) C. An occupancy permit shall not be issued until all required landscaping is complete
and approved by the city landscape consultant or the applicant deposits to the city a
dollar amount calculated by the city, based on 150 percent of the estimated cost of
landscaping and tree mitigation not complete at the time of inspection. This deposit shall
be refunded at the completion of the required landscaping.
Section 24. Repeal Chapter 12.40. Chapter 12.40 of the Medina Municipal Code is
hereby repealed in its entirety.
Section 25. Amend Section 15.20.050. Section 15.20.050 of the Medina Municipal
Code is hereby amended to read:
A. Construction Code of Conduct. Construction Code of Conduct shall be processed
pursuant to MMC 20.70.030. ((Prior to the issuance of any permits for grading,
demolition or construction, the property owner(s), agent, and contractor shall sign the
city of Medina construction code of conduct and the signed construction code of conduct
shall be submitted as an attachment to the building or development permit application.))
B. Tailored Construction Mitigation Plan.
1. Level 1 tailored construction mitigation plans shall be processed ((as Type 2
decisions)) pursuant to ((Chapter 12.80)) MMC 20.71.040. ((The proposed mitigation
plan shall be signed by the property owner(s), agent, and contractor and submitted
by the applicant as an attachment to the building permit application.))
2. Level 2 tailored construction mitigation plans shall be processed ((as a Type 3
decision)) pursuant to ((Chapter 12.80)) MMC 20.72.080. ((The final tailored
construction mitigation plan shall include signatures of the property owner(s), agent,
and consultant, and may include provisions for any of the items described in MMC
15.20.030.))
3. A tailored construction mitigation plan shall not be approved unless the adverse
consequences of proposed construction on adjacent and nearby properties have
been reasonably mitigated for based on the evaluation criteria and mitigation
measures set forth in this chapter.
4. A tailored construction mitigation plan must be approved before permits for grading,
demolition or construction may be issued.
Section 26. Amend Section 18.12.110. Section 18.12.110 of the Medina Municipal
Code is hereby amended to read:
A. Exemptions. The following developments, activities, and associated uses shall be
exempt from the provisions of this chapter; provided that they are otherwise consistent
with the provisions of other local, state, and federal laws and requirements:
1. Emergency actions necessary to prevent an immediate threat to public health, safety
or welfare, or that pose an immediate risk of damage to private property and that
require action in a timeframe too short to allow for compliance with this title. After the
emergency, the code official shall be notified of these actions within 14 days. The
person or agency undertaking the action shall fully restore and/or mitigate any
impacts to critical areas and buffers in accordance with an approved critical area
report and mitigation plan;
2. Operation, maintenance, remodel or repair of existing structures and facilities,
provided there is no further intrusion into a critical area or its buffer and there is no
significant increase in risk to life or property as a result of the action;
3. Passive recreation, education, and scientific research activities that do not degrade
critical areas or buffers, such as fishing, hiking and bird watching, not including trail
building or clearing;
4. Minor Site Investigative Work. Work necessary for land use submittals, such as
surveys, soil logs, percolation tests, and other related activities, where such activities
do not require construction of new roads or significant amounts of excavation. In
every case, impacts to critical areas and buffers shall be minimized and disturbed
areas shall be immediately restored; and
5. Construction or modification of navigational aids and boundary markers.
B. Existing Structures. It is recognized in this chapter that Medina is a fully developed
community and that there are existing structures that do not meet the requirements of
this chapter. Existing structures may be maintained, repaired and remodeled provided
there is no further intrusion into a critical area or its buffer. New construction or
reconstruction must conform to the requirements of this chapter except for as provided
for single-family residences in the subsection below. Structures damaged or destroyed
due to disaster (including nonconforming structures) may be rebuilt in like kind as
described in ((MMC Title 17)) the Zoning Code.
C. Trams. Due to high, steep slopes, hillside trams are one of the more practical means of
accessing the shoreline portion of many lots. In these situations, the city recognizes
trams as a normal appurtenance to a residential structure. For purpose of this chapter,
trams, including the upper and lower landings, are exempt from the steep slope setback
requirements of MMC 18.12.390(B) and the variance requirements of MMC 18.12.220.
D. Limited Exemptions. The following permitted developments, activities, and associated
uses shall be exempt from the critical areas review process; provided, that they are
consistent with intent of this chapter. The city may condition approval of such permits to
ensure adequate critical areas protection:
1. Existing single-family residences may be expanded, reconstructed, or replaced,
provided all of the following are met:
a. Expansion within a critical area buffer is limited to 500 square feet of structural
coverage beyond the existing structural coverage as defined in MMC 20.23.030
17.12.010));
b. The expansion extends no closer to critical area than previously;
c. The proposal preserves the functions and values of wetlands, fish and wildlife
habitat conservation areas, and their buffers to the maximum reasonable extent;
d. The proposal includes on-site mitigation to offset any impact;
e. The proposal will not significantly affect drainage capabilities, flood potential, and
steep slopes and landslide hazards on neighboring properties; and
f. The expansion would not cause a tree within a buffer to be labeled as a
hazardous tree (MMC 12.28.020) and thus require the removal of the hazardous
tree;
2. Replacement, modification, installation or construction of streets and utilities in
existing developed utility easements, improved city street rights-of-way, or developed
private streets. Utilities include water, sewer lines, and stormwater and franchise
private) utilities such as natural gas lines, telecommunication lines, cable
communication lines, electrical lines and other appurtenances associated with these
utilities. The activity cannot further permanently alter or increase the impact to, or
encroach further within, a critical area or buffer and must utilize best management
practices;
3. Public and Private Nonmotorized Trails. Public and private pedestrian trails are
allowed in critical areas, except for streams and wetlands, and all critical area
buffers, subject to the following:
a. There is no practicable alternative that would allow placement of the trail outside
of critical area buffers and geologically hazardous areas;
b. The trail surface shall meet all other requirements including water quality
standards;
c. Trails proposed in stream or wetland buffers shall be located in the outer 25
percent of the buffer area, except when bridges or access points are proposed;
d. Stream and wetland buffer widths shall be increased, where possible, equal to
the width of the trail corridor, including disturbed areas;
e. Trail corridors in critical areas and buffers shall not exceed six feet in width; and
f. Trails proposed to be located in landslide or erosion hazard areas shall be
constructed in a manner that does not increase the risk of landslide or erosion
and in accordance with an approved geotechnical report;
4. Select Vegetation Removal Activities. The following limited vegetation removal
activities are allowed in critical areas and buffers. Otherwise, removal of any
vegetation or woody debris from a critical area shall be prohibited unless the action is
part of an approved alteration.
a. The removal of the following vegetation with hand labor and/or light equipment;
provided, that the appropriate erosion-control measures are used and the area is
replanted with native vegetation:
i. Invasive weeds;
ii. Himalayan blackberry (Rubus discolor, R. procerus);
iii. Evergreen blackberry (R. laciniatus);
iv. Ivy (Hedera spp.); and
v. Holly (Ilex spp.), laurel, Japanese knotweed (Polygonum cuspidatum), or any
other species on the King County Noxious Weed List.
b. The cutting and removal of trees that are hazardous, posing a threat to public
safety, or posing an imminent risk of damage to private property, from critical
areas and buffers; provided, that:
i. The applicant submits a report from a qualified professional (e.g., certified
arborist or professional forester) that documents the hazard as specified in
MMC 12.28.105 and provides a replanting schedule for replacement trees;
ii. Tree cutting shall be limited to limbing and crown thinning, unless otherwise
justified by a qualified professional. Where limbing or crown thinning is not
sufficient to address the hazard, trees should be topped to remove the hazard
rather than cut at or near the base of the tree;
iii. All native vegetation cut (tree stems, branches, tops, etc.) shall be left within
the critical area or buffer unless removal is warranted due to the potential for
disease transmittal to other healthy vegetation or the remaining material
would threaten the survival of existing native vegetation. However, no cut
material shall be left on a steep slope or landslide hazard area without the
approval of a qualified professional;
iv. Trees shall be cut to leave standing snags when doing so allows the hazard
of the tree to be eliminated;
v. The landowner shall replace any native trees that are felled or topped with
new trees at ratios specified in MMC 12.28.060 within one year in accordance
with an approved restoration plan prepared by a qualified professional. Tree
species that are native and indigenous to the site shall be used;
vi. If a tree to be removed provides critical habitat, such as an eagle perch, a
qualified wildlife biologist shall be consulted to determine timing and methods
for removal that will minimize impacts; and
vii. Hazard trees determined to pose an imminent threat or danger to public
health or safety, or to public or private property, or serious environmental
degradation may be removed or topped by the landowner prior to receiving
written approval from city of Medina; provided, that within 14 days following
such action, the landowner shall submit a restoration plan that demonstrates
compliance with the provisions of this title.
c. Trimming of vegetation for purposes of providing view corridors will be allowed;
provided, that it is consistent with Chapter 18.16 MMC and that trimming shall be
limited to view corridors of 20 feet in width or less, that the limbs involved do not
exceed three inches in diameter, that no more than 25 percent of the live crown
is removed, and that benefits to fish and wildlife habitat are not reduced.
Trimming shall be limited to hand pruning of branches and vegetation. Trimming
shall not include felling, topping, stripping, excessive pruning or removal of trees.
d. Measures to control a fire or halt the spread of disease or damaging insects
consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided,
that the removed vegetation shall be replaced in-kind or with similar native
species within one year in accordance with an approved restoration plan
prepared by a qualified professional; and
5. Conservation, Preservation, Restoration and/or Enhancement.
a. Conservation and/or preservation of soil, water, vegetation, fish and/or other
wildlife that does not entail alteration of the location, size, dimensions or
functions of an existing critical area and/or buffer; and
b. Restoration and/or enhancement of critical areas or buffers; provided, that
actions do not alter the location, dimensions or size of the critical area and/or
buffer; that actions do not alter or disturb existing native vegetation or wildlife
habitat attributes; that actions improve and do not reduce the existing functions of
the critical areas or buffers; and that actions are implemented according to a
restoration and/or enhancement plan that has been approved by the city of
Medina.
Section 27. Amend Section 18.12.120. Section 18.12.120 of the Medina Municipal
Code is hereby amended to read:
A.)) If the application of this title would prohibit a development proposal by a public
agency or public utility, the agency or utility may apply for an exception pursuant to MMC
20.72.070. ((this section.
B. Exception Request and Review Process. An application for a public agency and utility
exception shall be made to the city of Medina and shall include a critical area report; a
mitigation plan, if necessary; and any other related project documents, such as permit
applications to other agencies, special studies, and environmental documents prepared
pursuant to the State Environmental Policy Act (Chapter 43.21C RCW). The city
manager or designee shall prepare a recommendation to the hearing examiner based on
review of the submitted information, a site inspection, and the proposal’s ability to
comply with public agency and utility exception review criteria in subsection (D) of this
section.
C. Hearing Examiner Review. The hearing examiner shall review the application and the
city manager’s or designee’s recommendations, and conduct a public hearing pursuant
to the provisions of Chapter 2.78 MMC. The hearing examiner shall approve, approve
with conditions, or deny the request based on the proposal’s ability to comply with all of
the public agency and utility exception review criteria in subsection (D) of this section.
D. Public Agency and Utility Review Criteria. The criteria for review and approval of public
agency and utility exceptions follow:
1. There is no other practical alternative to the proposed development with less impact
on critical areas and/or buffers;
2. The application of this title would unreasonably restrict the ability to provide utility
services to the public; and
3. The proposal meets the review criteria in MMC 18.12.200.
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in
support of the application and to provide sufficient information on which any decision has
to be made on the application.))
Section 28. Amend Section 18.12.130. Section 18.12.130 of the Medina Municipal
Code is hereby to be amended to read:
A.)) If the application of this title would deny all reasonable use of the subject property,
the property owner may apply for an exception pursuant to MMC 20.72.060. ((this
section.
B. Exception Request and Review Process. An application for a reasonable use exception
shall be made to the city of Medina and shall include a critical area report; a mitigation
plan, if necessary; and any other related project documents, such as permit applications
to other agencies, special studies, and environmental documents prepared pursuant to
the State Environmental Policy Act (Chapter 43.21C RCW) (SEPA documents). The city
manager or designee shall prepare a recommendation to the hearing examiner based on
review of the submitted information, a site inspection, and the proposal’s ability to
comply with reasonable use exception review criteria in subsection (D) of this section.
C. Hearing Examiner Review. The hearing examiner shall review the application and
conduct a public hearing pursuant to the provisions of Chapter 2.78 MMC. The hearing
examiner shall approve, approve with conditions, or deny the request based on the
proposal’s ability to comply with all of the reasonable use exception review criteria in
subsection (D) of this section.
D. Reasonable Use Exception Review Criteria. All of the following review criteria must be
met for approval of reasonable use exceptions:
1. The application of this title would deny all reasonable use of the property;
2. No other reasonable use of the property has less impact on critical areas and/or
buffers;
3. Any alteration is the minimum necessary to allow for reasonable use of the property;
4. Impacts to critical areas are mitigated consistent with the purpose and standards of
this chapter to the greatest extent feasible;
5. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the proposed development site;
6. The inability of the applicant to derive reasonable use of the property is not the result
of actions by the applicant after the effective date of this title, or its predecessor; and
7. The proposal meets the review criteria in MMC 18.12.200.
E. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in
support of the application and to provide sufficient information on which any decision has
to be made on the application.))
Section 29. Amend Section 19.08.010. Section 19.08.010 of the Medina Municipal
Code is hereby amended to read:
The city council may, in its sole discretion which is hereby reserved, approve facilities leases
for the location of telecommunications facilities and other facilities upon city property other
than rights-of-way. Neither this section, nor any other provision of this title shall be
construed to create an entitlement or vested right in any person or entity of any type.
Facilities leases granted for the installation and/or construction of wireless communications
facilities shall also comply with the terms and provisions of Chapter ((17.90 MMC)) 20.37
MMC.
Section 30. Amend Section 20.40.040. Section 20.40.040 of the Medina Municipal
Code is hereby amended to read:
All permits issued by the city of Medina in conformance with the provisions of the referenced
codes in this title shall be subject to a plan review fee and/or a permit fee as prescribed in
Tables A, B, and C as adopted in Chapters 3.64 and ((17.44)) 20.14 MMC. These fee
schedules are adopted by reference and incorporated into this title as though set forth
herein in their entirety.
Section 31. Amend Section 20.40.125. Section 20.40.125 of the Medina Municipal
Code is hereby amended to read:
Section 503 of the International Fire Code is hereby amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Chapters 12.08 and ((17.72)) 20.91 MMC. Road
structure shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be
provided for every facility, building or portion of a building hereafter constructed
or moved into or within the jurisdiction. The fire apparatus road shall comply with
the requirements of this section and shall extend to within 150 feet of all portions
of the exterior walls of the first story of the building as measured by an approved
route around the exterior of the building or facility.
Exception: The fire code official is authorized to increase the distance up to 200
feet where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of
the International Fire Code;
2. Fire apparatus access roads cannot be installed because of location on
property, topography, waterways, nonnegotiable grades or other similar
conditions, and an alternate means of fire protection and building or structure
access is provided as approved by the fire code official or the building official; or
3. There are not more than two Group R-3 occupancies to be served by a fire
apparatus access road.
503.1.2 Additional Access. The fire code official or the building official is
authorized to require more than one fire apparatus road based on the potential
for impairment of a single road by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access.
503.1.3 High-piled storage. Fire department vehicle access to buildings used for
high-piled storage shall comply with the applicable provisions of Chapter 23,
International Fire Code.
503.2 Specifications. Fire apparatus access roads shall be installed and
arranged in accordance with this Section, and in accordance with Chapters
12.08 and ((17.72)) 20.91 MMC.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet, exclusive of shoulders. The minimum vertical
clearance shall be not less than 13 feet 6 inches.
Exceptions: Access roads serving not more than two Group R-3 or U
occupancies shall have an unobstructed width of not less than 16 feet.
503.2.2 Authority. The fire code official or the building official shall have the
authority to require an increase in the minimum access widths where they are
inadequate for fire or rescue operations.
503.2.3 Surface. Fire apparatus roads shall be surfaced and maintained to
provide all weather and non-slip driving capabilities. Surface materials shall be
asphalt, concrete or other material approved by the fire code official and the
Medina City Engineer.
503.2.4 Turning radius. The turning radius of a fire apparatus access road shall
be 28 feet minimum inside curb and 48 feet minimum outside curb.
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet
in length shall be provided with an area for turning around fire apparatus as
approved by the fire code official, and in accordance with Chapter ((17.72))
20.91 MMC.
Exception: The fire code official is authorized to increase the length up to 300
feet for driveways serving only one Group R-3 occupancy.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is
part of a fire apparatus road, the bridge shall be constructed and maintained in
accordance with Chapter 12.08 MMC. Bridges and elevated surfaces shall be
designed for a live load sufficient to carry the imposed loads of fire apparatus.
Vehicle load limits are to be posted at all entrances to bridges when required by
the fire code official. Posted signs are to be in accordance with Chapter ((17.72))
20.91 MMC. Where elevated surfaces designed for emergency vehicle use are
adjacent to surfaces which are not designed for such use, approved barriers,
approved signs or both shall be installed and maintained when required by the
fire code official.
503.2.7 Grade. The grade of the fire apparatus access road, including private
and public roads and driveways shall be in accordance with Chapters 12.08 and
17.72)) 20.91 MMC, and the following:
1. The grade of access on properties that have structures that have non-
automatic sprinklers shall not exceed 12 percent longitudinally, and 5 percent
laterally.
2. The grade of access on properties that have structures that have automatic
sprinklers shall not exceed 15 percent longitudinally, and 5 percent laterally.
3. All grades of access in excess of 15 percent longitudinally require fire code
official approval. Grades in excess of 5 percent laterally are not permitted.
4. Grades of fire apparatus access roads for all properties which are in excess of
15 percent longitudinally shall have additional fire department access
improvements installed and maintained as approved by the fire code official and
building official including all-weather walking surfaces constructed in accordance
with Chapter 10 of the International Building Code.
503.2.8 Angles of approach and departure. The angles of approach and
departure for fire apparatus access roads shall be in accordance with Chapters
12.08 and ((17.72)) 20.91 MMC, and within the limits established by the fire
code official based upon the fire department’s apparatus.
503.3 Marking. Where required by the fire code official fire apparatus access
roads shall be marked as follows:
1. FIRE LANE – NO PARKING Signs shall be mounted a minimum of 60 inches
above grade (80 inches if adjacent to a pedestrian pathway). Signs must be type
R8-31” or equivalent reflective sign no less than 12 inches by 18 inches in size,
with a white background and the wording “No Parking Fire Lane” in red letters.
When in a straight line of sight, these signs shall be no further than 150 feet
apart. This distance may be reduced when curves, corners or other adverse
sighting conditions restrict the line of sight.
2. Designated fire department access roads (“Fire Lanes”) shall be painted red.
This shall include both vertical and horizontal portions of the curb. Minimum 3
inch white lettering which shall read: NO PARKING – FIRE LANE, shall be
placed every 50 feet or portion thereof on the vertical portion of the curb. The
entire curb length shall be painted. If there are rolled curbs or no curbs,
stenciling shall be placed on pavement.
Exception: Variations to Fire Lane markings may be approved when in the
opinion of the fire code official the proposed signage and markings achieve the
same outcome. The fire chief retains the right to revoke variations for cause.
3. Fire apparatus access road markings shall be maintained by the entity or
person(s) owning the road.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads
shall not be obstructed in any manner, including parking of vehicles. The
minimum widths and clearances established in Section 503.2.1 and MMC
12.06.080 shall be maintained at all times.
503.5 Required gates or barricades. The fire code official is authorized to require
the installation and maintenance of gates or other approved barricades across
fire apparatus access roads, trails or other accessways, not including public
streets, alleys or highways. Electric gate operators, where provided, shall be
listed in accordance with UL 325. Gates intended for automatic operation shall
be designed, constructed and installed to comply with the requirements of ASTM
F 2200.
503.5.1 Security gates and barricades. When required, gates and barricades
shall be secured in an approved manner. Roads, trails and other accessways
that have been closed and obstructed in the manner prescribed by Section
503.5 shall not be trespassed on or used unless authorized by the owner and
the fire code official.
Exception. The restriction on use shall not apply to public officers acting within
the scope of duty.
503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be reviewed and approved by the fire code official and must
comply with Appendix D103.5, and must be in accordance with ((Chapter
12.40)) MMC 20.30.010. The use of directional-limiting devices (tire spikes) is
prohibited. Where security gates are installed, they shall have an approved
means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. Electric gate operators,
where provided, shall be listed in accordance with UL 325. Gates intended for
automatic operation shall be designed, constructed and installed to comply with
the requirements of ASTM F 2200. Gates on all properties shall be set back a
minimum distance of 20 feet from the roadway edge of pavement, except the
Medina City Engineer may increase or decrease this distance based upon safety
and feasibility considerations.
Section 32. Amend Section 20.40.150. Section 20.40.150 of the Medina Municipal
Code is hereby amended to read:
The city is authorized to charge and collect fees to recover the cost to the city for the
services of the Bellevue fire department related to determining compliance with the
International Fire Code. The fees shall be based on the fee schedule adopted in Chapters
3.64 and ((17.44)) 20.14 MMC.
Section 33. Amend Section 20.40.160. Section 20.40.160 of the Medina Municipal
Code is hereby amended to read:
In order to hear and decide appeals of orders, decisions or determinations made by the
building official or the fire code official relative to the application and interpretation of the
State Building Code, applicants shall have a right of appeal pursuant to MMC 20.80.220((to
the hearing examiner, as provided in Chapter 2.78 MMC. This appeal process shall replace
any reference to a board of appeals in the adopted codes.
An application for appeal shall be based on a claim that the true intent of the subject code or
the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or an equally good or better form of construction is proposed. The
hearing examiner shall have no authority to waive requirements of the State Building
Code.))
Section 34. Repeal Section 20.44.025. Section 20.44.025 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 35. Repeal Section 20.73.050. Section 20.73.050 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 36. Amend Section 20.73.060. Section 20.73.060 of the Medina Municipal
Code is hereby amended to read:
A. The provisions set forth in this chapter shall constitute the minimum requirements
necessary to promote the public health, safety, and general welfare.
B. Any person who desires to subdivide land within the boundaries of the city should
consult with the city at an early date to become familiar with the requirements of this
chapter and for assistance in understanding the engineering requirements and the
construction standards of the city.
C. Transfer of Land Prior to Final Approval.
1. Whenever any parcel of land is divided into two or more lots, no person, firm,
corporation or agents of them shall sell, transfer or advertise for sale or transfer any
such lot without having a short subdivision or subdivision recorded unless preliminary
approval expressly conditions a performance of an offer or agreement to sell, lease,
or otherwise transfer a lot, tract, or parcel of land on the recording of the final short
plat or plat.
2. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract,
or parcel of land following preliminary approval is expressly conditioned on the
recording of the final plat containing the lot, tract, or parcel, the offer or agreement
shall not be subject to the penalties in RCW 58.17.200 or 58.17.300, or MMC
20.73.180.
3. All payment on account of an offer or agreement conditioned as provided in this
section shall be deposited in an escrow or other regulated trust account and no
disbursement to sellers shall be permitted until the final short plat or plat is recorded.
D. Lands designated as critical areas such as wetlands, aquifers, streams, flood hazards,
geological hazards and wildlife habitat conservation areas shall not be divided nor have
lot lines adjusted unless adequate safeguards are provided as prescribed in Chapter
18.12 MMC, Critical Areas.
E. The applicant shall pay a fee in accordance with the fee schedule adopted in Chapters
3.64 and ((17.44)) 20.14 MMC, which shall accompany the application.
F. In lieu of the completion of the actual construction of any required improvements prior to
the approval of a final subdivision, the city may accept a bond providing for and securing
the actual construction and installation of such improvements within a period specified
by the city. In addition, the city may provide for methods of security, including the posting
of a bond securing the successful operation of improvements for up to two years after
final approval.
G. If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of this chapter, or the application of the provision to other persons
or circumstances, shall not be affected.))
Section 37. Repeal Section 20.80.040. Section 20.80.040 of the Medina Municipal
Code is hereby repealed in its entirety.
Section 38. Amend Section 20.80.060. Section 20.80.060 of the Medina Municipal
Code is hereby amended to read:
The procedures for processing a project permit application may include a determination of
completeness, notice of application, notice of hearing, and notice of decision. The following
tables establish the decision type, the person or body authorized to make the decision, the
general review procedures, and notice requirements that are applicable to each project
permit application.
A. Table MMC 20.80.060(A) sets forth project permits that are categorized as Type 1
decisions with the applicable corresponding review procedures.
MMC Table 20.80.060(A) - Type 1 decisions
Project Permit Decision
Authority
Procedure Requirements
DOC NOA NOH NOD
Building, reroof and construction permits
not listed / no SEPA BO Yes No No Yes
Mechanical permit BO Yes No No Yes
Demolition permit / no SEPA BO Yes No No Yes
Grading and drainage permit / no SEPA BO Yes No No Yes
Fence permit BO Yes No No Yes
Final short subdivision D No No No No
Administrative tree removal permit D Yes No No Yes
Hazardous tree designation D Yes No No Yes
Right-of-way permit E Yes No No Yes
Lot line adjustment D Yes No No Yes
Zoning code interpretation D No No No Yes
Accessory dwelling units D Yes No No Yes
Administrative sign approval D Yes No No Yes
Code of conduct approval E Yes No No Yes
SEPA letter of exemption D1 No No No Yes
Shoreline letter of exemption D No No No Yes
Shoreline Master Program interpretation D No No No Yes
Temporary Use Permit D No No No Yes
Notes:
DOC” - determination of completeness required pursuant to MMC 20.80.100
NOA” - notice of application required pursuant to MMC 20.80.110
NOH” - notice of hearing required pursuant to MMC 20.80.120
NOD” – notice of decision required pursuant to MMC 20.80.200
BO” means building official has authority to make the decision
D” means the director has authority to make the decision
E” means the City engineer or designee has authority to make the decision
1Director here means the person designated as the Responsible Official
B. Table MMC 20.80.060(B) sets forth project permits that are categorized as Type 2
decisions with the applicable corresponding review procedures.
MMC Table 20.80.060(B) - Type 2 decisions
Project Permit Decision
Authority
Procedure Requirements
DOC NOA NOH NOD
Building permit / with SEPA BO/ D1 Yes Yes No Yes
Demolition permit / with SEPA BO/ D1 Yes Yes No Yes
Grading and drainage permit / with
SEPA BO/ D1 Yes Yes No Yes
Administrative right-of-way tree
trimming/ removal permit D Yes Yes No Yes
Administrative special use permit D Yes Yes No Yes
Administrative variance D Yes Yes No Yes
Minor deviation D Yes Yes No Yes
SEPA threshold determination D1 Yes Yes2 No Yes
Preliminary short subdivision D Yes Yes No Yes
Tailored construction mitigation plan –
level 1 D Yes Yes No Yes
Final subdivision CC No No No Yes
Notes:
DOC” - determination of completeness required pursuant to MMC 20.80.100
NOA” - notice of application required pursuant to MMC 20.80.110
NOH” - notice of hearing required pursuant to MMC 20.80.120
NOD” – notice of decision required pursuant to MMC 20.80.200
BO” means building official has authority to make the decision
D” means the director has authority to make the decision
CC” means the City Council makes the decision
E” means the City engineer or designee has authority to issue a decision
1Director here means the person designated as the Responsible Official
2A NOA is not required for a SEPA threshold determination issued pursuant to WAC 197-11-340(1).
C. Table MMC 20.80.060(C) sets forth project permits that are categorized as Type 3
decisions with the applicable corresponding review procedures.
MMC Table 20.80.060(C) - Type 3 decisions
Project Permit Decision
Authority
Procedure Requirements
DOC NOA NOH NOD
Non-administrative special use permit HE Yes Yes Yes Yes
Conditional use permit HE Yes Yes Yes Yes
Historical use permit HE Yes Yes Yes Yes
Non-administrative variance HE Yes Yes Yes Yes
Site-specific rezone PC/CC1 Yes Yes Yes Yes
Reasonable use exception HE Yes Yes Yes Yes
Non-administrative right-of-way tree
trimming/ removal permit HE Yes Yes Yes Yes
Non-administrative tree removal
permit HE Yes Yes Yes Yes
Site plan review PC Yes Yes Yes Yes
Tailored construction mitigation plan
level 2 PC Yes Yes Yes Yes
Preliminary subdivision HE/CC2 Yes Yes Yes Yes
Shoreline Substantial Development
Permit HE Yes Yes Yes Yes
Shoreline Variance HE3 Yes Yes Yes Yes
Shoreline Conditional Use Permit HE3 Yes Yes Yes Yes
Notes:
DOC” - determination of completeness required pursuant to MMC 20.80.100
NOA” - notice of application required pursuant to MMC 20.80.110
NOH” - notice of hearing required pursuant to MMC 20.80.120
NOD” – notice of decision required pursuant to MMC 20.80.200
HE” means the Hearing Examiner has authority to make the decision
PC” means the Medina Planning Commission has authority to make the decision
CC” means the City Council makes the decision
1The Planning Commission holds the open-record hearing and makes a recommendation to the City
Council. The City Council decides the rezone at a closed record meeting.
2Hearing Examiner holds the open-record hearing and makes a recommendation to the City Council.
The City Council decides the preliminary subdivision at a closed record meeting.
3 If ((T))the Hearing Examiner’s action on shoreline variances and shoreline conditional use permits is
a recommendation to the Washington State Department of Ecology who decide these permits pursuant
to chapter 90.58 RCW)) to approve the application, the approval shall be submitted to the Washington
State Department of Ecology for approval, approval with conditions, or denial pursuant to WAC 173-27-
200.
Section 39. Amend Section 20.80.210. Section 20.80.210 of the Medina Municipal
Code is hereby amended to read:
A. A decision on a project permit application shall be issued within 120 days from the date
the application is determined to be complete pursuant to MMC 20.80.100, except as
follows:
1. The city makes written findings that a specified amount of additional time is needed
for processing the application; or
2. A project permit or approval involves public facilities, utilities or related uses of public
areas or facilities if the director determines special circumstances warrant a longer
process.
B. If the city is unable to issue its final decision on a project permit application within the
time limits provided for in this section, it shall provide written notice of this fact to the
parties of record. The notice shall include a statement of reasons why the time limits
were not met, and an estimated date for issuance of the notice of decision.
C. In calculating the 120-day time period, the following days shall be excluded:
1. Any period in which the city asks the applicant to correct plans, perform required
studies, or provide additional information and the applicant takes to provide the
additional information.
2. Any period where the city determines that submitted information is insufficient or
incorrect, and has requested the applicant provide the necessary information.
3. Any period, not to exceed 30 days, during which a code interpretation pursuant to
MMC ((17.08.040)) 20.10.050 is processed in conjunction with an underlying project
permit application.
4. Any period during which an environmental impact statement is being prepared.
5. Any period of time for an administrative appeal or reconsideration of the hearing
examiner’s decision.
6. Any period of time a project permit application requires approval of an amendment to
the comprehensive plan or development regulation in order to receive permit
approval.
7. Any period of time on a project permit application that is substantially revised by the
applicant, in which case a new 120-day time period shall start from the date at which
the revised project application is determined to be complete.
8. Any extension of time mutually agreed upon by the applicant and the city.
D. All excluded periods are calculated from the date the city notifies the applicant to when
the information satisfies the city’s requirement.
E. If the city is unable to issue a decision within the time period prescribed by this section;
the city shall notify the applicant in writing. The notice shall include a statement of
reasons why the time limits have not been met and an estimated date of issuance of a
decision.
Attachment A
Title 20
Unified Development Code
Chapter:
20.00 Introduction to the Unified Development Code.
Subtitle 20.1 Administration of Unified Development Code
Chapters:
20.10 Administration – General provisions.
20.12 Definitions.
20.14 Development Permit Fees.
20.16 Enforcement.
Subtitle 20.2 Land Use
Chapters:
20.20 Establishment of Zoning.
20.21 Use and Occupancy Development Regulations.
20.22 Lot Development Standards.
20.23 Bulk Development Standards.
Subtitle 20.3 Special Development Standards
Chapters:
20.30 City-wide Uses.
20.31 Limited Uses.
20.32 Special Uses.
20.33 Historical Uses.
20.34 Accessory Uses.
20.35 Temporary Uses.
20.36 Nonconformity.
20.37 Wireless Communication Facilities.
Subtitle 20.9 Infrastructure Improvements
Chapters:
20.90 Subdivision Design and Improvement Standards.
20.91 Private Lanes
Attachment A
Chapter 20.00
Introduction to the Unified Development Code
Sections:
20.00.010 Title.
20.00.020 Statement of purpose.
20.00.010 Title.
This title shall be known as, and may be cited as, the "Medina Unified Development Code”
and may be cited as the UDC.
20.00.020 Statement of purpose.
A. The UDC is a comprehensive set of regulations that governs the physical development
of all land and water within the City of Medina, except where state-owned properties are
exempt under state law, for the purpose of orderly development within the community.
The UDC consolidates the City’s zoning, platting, environmental, construction and other
development regulations into a one-book source with the goal of providing consistency
between different regulations, and making the ability to find information related to
development easier.
B. The primary purpose of the regulations under this title is to:
1. Encourage and guide development consistent with the goals and policies of the
Medina Comprehensive Plan;
2. Protect the community’s single-family residential nature and the natural aesthetic
quality of the community;
3. Address both natural and manmade environmental considerations as part of the
project permitting processes;
4. Protect the public’s health, safety and welfare as a whole and not create a duty of
protecting any person or class of persons; and
5. Provide appropriate procedures for enforcement of the regulations of this title.
Attachment A
Subtitle 20.1
Administration of Unified Development Code
Chapter 20.10
Administration – General Provisions
Sections:
20.10.010 Compliance.
20.10.020 Minimum requirements.
20.10.030 Conflicts.
20.10.040 Administrative authority.
20.10.050 Interpretations.
20.10.060 Compliance with other laws.
20.10.070 City Liability.
20.10.080 Responsibility for compliance.
20.10.090 Severability.
20.10.010 Compliance.
No building or other structure shall be constructed, improved, altered, enlarge, or moved,
nor shall any use or occupancy of premises within the City be commenced or changed; nor
shall any condition of or upon real property be caused or maintained, except in conformity
with the conditions prescribed within this title.
20.10.020 Minimum requirements.
The regulations set forth in this title shall constitute the minimum requirements necessary to
promote the public health, safety, morals, and general welfare.
20.10.030 Conflicts.
The requirements of this title shall govern when this code imposes a greater restriction than
is required by other ordinances, regulations, easements, covenants, or other agreements.
In the case of internal conflicts within this code, the most restrictive provision shall prevail
unless prescribed otherwise by law.
20.10.040 Administrative authority.
The Director has authority to make and issue orders, rules, requirements, permits,
interpretations, decisions, or determinations as necessary in the administration and
enforcement of the regulations in this title, except where specified otherwise by law.
20.10.050 Interpretations.
A. The Director is authorized to make written interpretations of these codes whenever
necessary for clarification, or to resolve a conflict within these regulations, so as to
provide consistent interpretation and application of this title. However, interpretations
shall not be made for the purpose of superseding unambiguous regulations.
B. Code interpretations are a Type 1 decision subject to the review procedures set forth in
Chapter 20.80 MMC.
Attachment A
C. Any person may submit a written request for a code interpretation, or the Director may
issue a code interpretation at the Director’s own initiative.
D A written request shall include the following:
1. Specify the regulation for which a code interpretation is requested, including
reference to sections of the code subject to the interpretation;
2. A statement on why an interpretation is necessary;
3. Any reason or any materials that support making an interpretation; and
4. Payment of fees adopted pursuant to the fee schedule in Chapter 20.14 MMC.
E. Decision criteria: Code interpretations shall be in writing and made based on an
analysis of the following:
1. The defined or common meaning of the words of the regulation;
2. The general purpose of the regulation as expressed in the provision; and
3. The logical or likely meaning of the regulation viewed in relation to the
comprehensive plan, if applicable.
F. Effect: A written interpretation shall be enforced as if it is part of this title.
G. A record of all written interpretations shall be maintained by the City and be available for
public inspection during regular business hours.
20.10.060 Compliance with other laws.
Nothing in this title shall be construed to excuse compliance with other applicable federal,
state, or local laws or regulations.
20.10.070 City liability.
Nothing in this title shall be construed to impose any duty upon the City or any of its officers
or employees so as to subject them to liability for damages not otherwise imposed by law to
protect individuals from personal injuries or property damage.
20.10.080 Responsibility for compliance.
A. Regardless of any review, approval, inspection or other action of the City or its agents,
consultants or employees, it is the responsibility of developers, applicants, owners and
occupiers of land within the City to ensure that all work, actions or conditions comply
with the requirements of this title and all other applicable laws.
B. An applicant for a permit or any other approvals from the City is responsible for providing
accurate and complete information that complies with the requirements of this title and
all applicable laws and regulations. The City is not responsible for the accuracy of
information or plans provided by an applicant.
20.10.090 Severability.
If any section, subsection, clause or phrase of this title or amendment thereto, or its
application to any person or circumstance is held by a court of competent jurisdiction to be
invalid, the remainder or application to other persons or circumstances shall not be affected.
Attachment A
Chapter 20.12
Definitions
Sections.
20.12.010 General Provisions.
20.12.020 “A” definitions.
20.12.030 “B” definitions.
20.12.040 “C” definitions.
20.12.050 “D” definitions.
20.12.060 “E” definitions.
20.12.070 “F” definitions.
20.12.080 “G” definitions.
20.12.090 “H” definitions.
20.12.100 “I” definitions.
20.12.130 “L” definitions.
20.12.140 “M” definitions.
20.12.150 “N” definitions.
20.12.160 “O” definitions.
20.12.170 “P” definitions.
20.12.190 “R” definitions.
20.12.200 “S” definitions.
20.12.210 “T” definitions.
20.12.220 “U” definitions.
20.12.230 “V” definitions.
20.12.240 “W” definitions.
20.12.270 “Z” definitions.
20.12.010 General Provisions.
A. For the purpose of this title, the terms in this chapter shall have the meaning indicated in
this chapter, except where the context clearly indicates a different meaning.
B. Words used in the singular shall include the plural, and the plural shall include the
singular, unless the context clearly indicates the contrary.
C. Where a term prescribed in this chapter conflicts with a definition of the same term
adopted under a specific chapter, the definition adopted under the specific chapter shall
control when applied to that specific chapter.
D. Terms not defined herein shall take their meaning from definitions in the comprehensive
plan, building codes, and other ordinances incorporated by reference. If a specific term
is not defined or referenced, it shall take its normal and customary meaning within the
context of how it is used.
20.12.020 “A” definitions.
A. “Abandoned” means the knowing relinquishment of right or claim to the subject property
or structure on that property.
B. “Access” means a way or means of approach to provide vehicular or pedestrian physical
entrance to a property.
C. “Accessory” means a use, activity, structure or part of a structure which is subordinate
and incidental to the main activity or structure on the subject property.
D. “Accessory building” means a detached building, the use of which is incidental or
secondary to that of the main building.
Attachment A
E. “Accessory dwelling unit” means a dwelling unit subordinate to a single-family dwelling
unit which is:
1. Located within the single-family dwelling unit; or
2. Located within an accessory building on the lot with a principle single-family
dwelling.
F. “Adjoining” means property that touches or is directly across a street or private lane from
the subject property.
G. "Adult family home" means a residential home in which a person or persons provide
personal care, special care, room, and board to more than one but not more than six
adults who are not related by blood or marriage to the person or persons providing the
services provided, however, any limitation on the number of residents resulting from this
definition shall not be applied if it prohibits the City from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity
to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,
42 U.S.C. 3604(f)(3)(b).
H. “Agriculture” means the use of land for agricultural purposes including any one or more
of farming, apiculture, horticulture, and floriculture, and viticulture, but excluding the
raising of animals.
I. “Alter” or “alteration” means any change, addition or modification in construction or
occupancy.
J. “Applicant” means a person who applies for any permit or approval to do anything
governed by this code and who is the owner of the subject property, the authorized
agent of the owner, or the City.
K. “Ancillary use” means a use essential for the proper and/or effective function of another
use.
L. “Ancillary facilities” means the equipment required for operation of wireless
communications, including, but not limited to repeaters, radios, cabling, power meters,
ventilation, generators, and other related equipment.
M. “Antenna” means an electrical conductor or group of electrical conductors that transmit
or receive radio waves or microwaves.
N. “Antenna, Omni-directional (or whip)” means an antenna that receives and transmits
signals in a 360 degree pattern, and which is four inches or less in diameter and 15 feet
or less in height.
O. “Antenna, Directional (or panel)” means an antenna that receives and transmits signals
in a directional pattern typically encompassing an arc of 120 degrees.
P. “Antenna, Parabolic (or dish)” means a bowl-shaped device that receives and transmits
signals in a specific directional pattern.
Q. Antenna, Tubular Panel” means an antenna which is 18 inches or less in diameter and
less than 8 feet in height, and which is capable of receiving or transmitting signals in a
360 degree pattern. This includes a configuration of multiple panel antennas located
within a single shroud that gives the appearance of a single antenna.
R. “Arbor, bower, trellis” means light, open, garden-type structures composed of vertical
and/or horizontal elements without a room which may or may not attach to a building
which is designed, established and installed as a part of the landscape of the property.
S. "Auditor, County" means the person defined in Chapter 36.22 RCW or the office of the
person assigned such duties under the King County Charter.
T. “Automobile mechanical repair” means general repair, rebuilding, or recondition of
engines, motor vehicles, or trailers including incidental repairs and replacement of parts
and motor services. This does not include painting and body work.
U. “Automobile service station” means a place where petroleum products are kept for retail
sales for automobiles and other motor vehicles and where repairs, washing, servicing,
Attachment A
greasing, adjusting or equipping of automobiles or other motor vehicles may be
performed; and where grease, anti-freeze, tires, spark-plugs and other automobile
supplies may also be sold incidentally. For the purpose of this definition, the sale of
associated sundry items and the sale of prepared foods for consumption off the
premises may be allowed in conjunction therewith provided the gross floor area devoted
to the sale of such sundry items and prepared foods does not exceed 160 square feet.
20.12.30 “B” definitions.
A. “Bay Window” means a projecting bay from an exterior wall of a structure that contains
window glazing over at least 50 percent of any surface of the bay that does not lie
perpendicular to the exterior wall. The bay window may be directly supported by a
foundation or it may be cantilevered out from an exterior wall.
B. “Berm” means a manmade earthen or other type of mound erected to provide a visual
interest, visual screening and/or decrease noise.
C. "Block" means a group of lots, tracts, or parcels within well-defined and fixed
boundaries.
D. "Bond" means a satisfactory security to insure performance and/or warranty. The form
of the security shall be determined by the Director.
E. “Building” means any structure having a roof supported by columns or walls used or
intended for supporting or sheltering any use or occupancy.
F. “Building envelope” means the space defined by the vertical, horizontal and mixed
planes of an existing or proposed structure, including that portion of the structure which
is at or under the ground.
G. “Building Official” means the same as the term that is defined in the Building Codes
adopted in Chapter 20.40 MMC.
H. “Building site” means a parcel of land or lot under single ownership and control and
otherwise qualified as a building site under regulations of the city, which, at the time of
filing for a building permit, is designated by its owners or developers as the site to be
used, developed or built upon as a unit.
I. “Buildable lot” means a tract or parcel of land, legally created, which may be used for the
placement of structures separate from other parcels.
J. “Bulkhead” means a wall or embankment used for retaining earth. For properties
located within the jurisdiction of the Shoreline Management Act see the Medina
Shoreline Master Program.
20.12.040 “C” definitions.
A. “Carport” means a building or structure or part thereof, which is not wholly enclosed and
is used for the parking or storage of passenger vehicles.
B. “City” means City of Medina.
C. “Closed-record appeal” means an administrative appeal on the record on a project
permit application following an open-record hearing with no or limited new evidence or
information allowed to be submitted and only appeal argument allowed.
D. “Clubhouse” means a building used by a club, being an association of persons with a
common interest meeting periodically for shared activity.
E. “Co-location” means the use of a single support structure and/ or site by more than one
telecommunication carrier of wireless communication.
F. “Commercial” means the use of land, building or structure relating to the buying and
selling of goods and services.
Attachment A
G. “Compatible” means a building, structure, activity or use that blends with, conforms to, or
is harmonious with the surrounding ecological, physical, visual or cultural environment.
H. “Comprehensive plan” means the adopted Medina Comprehensive Plan, listing the goals
and policies regarding land use within the city.
I. “Conditional use, special use” means a use permitted in a particular zone only upon
showing that such use in a specified location will comply with all the conditions and
standards for the location or operation of such use as specified and authorized by law.
J. “Contour line” means the interconnection of points having the same height above sea
level.
K. “Cost of construction (including maintenance and repairs)” means the true value in the
open market of all work required to accomplish the proposed construction, as defined by
the International Building Code for the purpose of computing building permit fees. The
true value shall include reasonable true market values for the materials and labor and
include normal contractor profit and overhead and design fees, but exclude Washington
State and local sales taxes and permit fees.
L. “Cottage” means a detached single-family dwelling unit used as a secondary dwelling on
a property.
M. “Court of Competent Jurisdiction” means the judicial body empowered to adjudicate the
question under consideration.
N. “Court” means a space, open and unobstructed to the sky, located at or above grade
level on a lot and bounded on three or more sides by walls or buildings.
O. “Coverage gap” means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
20.12.050 “D” definitions.
A. "Day" means calendar days.
B. “Deck” means a structure attached to a wall of a building designated, established, and/or
installed to provide for entrance or exit, outdoor living, cooking, and/or recreation, some
sides of which are open and which may or may not have a permanent overhead
covering. (See definitions for “porch” and “veranda”.)
C. "Dedication" means the deliberate appropriation of land by an owner for any general and
public uses, reserving to himself or herself no other rights than such as are compatible
with the full exercise and enjoyment of the public uses to which the property has been
devoted.
D. “Development” means a change in the use of any land, building, or structure for any
purpose, and shall include the carrying out of any building, engineering construction or
other operation in, on, over or under land, or the construction, addition or alteration of
any building or structure.
E. “Development permits” means all permits and associated approvals administered by the
City associated with development.
F. “Development regulations” means the controls placed on development or land use
activities including but not limited to building codes, zoning, critical areas, shoreline
master programs, official controls, and subdivisions, together with any amendments
thereto.
G. “Director” means the city manager or designee appointed by the city manager to
administer this title or parts of this title.
H. "Division of land" means any segregation of land that creates lots, tracts, parcels, or
sites not otherwise exempted by this title that alters or affects the shape, size or legal
description of any part of the owner’s land.
Attachment A
I. “Driveway” means an area of the subject property designed to provide vehicular access
to a parking area or structure contained on the subject property.
J. “Dwelling” means a building used or intended for residential occupancy.
K. “Dwelling Unit” means one or more rooms or structures providing complete, independent
living facilities for one family, including permanent provisions for living, sleeping, cooking
and sanitation.
20.12.60 “E” definitions.
A. “Easement” means a negotiated interest in the land of another which allows for the
easement holder specified uses or rights without actual ownership of the land.
B. “Eave” means a roof overhang, free of enclosing walls, without supporting columns.
C. "Electric utility facilities", as used in Chapter 20.73 MMC, means unstaffed facilities
except for the presence of security personnel that are used for or in connection with, or
to facilitate the transmission, distribution, sale, or furnishing of, electricity including, but
not limited to, electric power substations.
D. “Environmental review” means all reviews administered pursuant to Chapter 43.21 RCW
and Chapter 18.04 MMC.
E. “Equipment housing structure” means the structure used to shelter equipment (i.e.:
electronics, cooling and heating devices, emergency generators, etc.) necessary for
processing wireless communication signals including, but not limited to, vaults, cabinets
and similar assemblies.
F. “Erosion” means the wearing away of the land surface by running water, wind, ice, or
other geological agents, including such processes as gravitational creep.
G. “Excessive vegetation” means the following:
1. Weeds more than eight inches in height;
2. Uncared-for grass more than eight inches in height; and
3. Any vegetation or weed that poses a health hazard, a fire hazard, or that impairs the
view of a public road right-of-way or renders use of the road otherwise hazardous.
H. “Existing nonresidential building” means an existing building or structure that contains a
nonresidential use or supports a nonresidential use.
20.12.070 “F” definitions.
A. “Family” means the immediate kindred made up of a person and spouse, their parents,
grandparents, children and the spouses thereof, and grandchildren and the spouses and
children thereof.
B. "Family day care home" means a person regularly providing child care during part of the
24-hour day to ten or fewer children (including those of the provider) in the family abode
of the person or persons under whose direct care the children are placed.
C. “Fence” means a manmade wall or barrier constructed for the purpose of enclosing
space or separating parcels of land.
D. “Floor area, gross” means the total floor area measured between the exterior faces of
the exterior walls.
E. “Footprint” means the entire area of ground surface covered by a structure, including any
areas directly beneath a structure that is above the ground surface, measured along the
outer most parameter of the structure, including any outer elements such as gutters.
Attachment A
20.12.080 “G” definitions.
A. “Gazebo” or “pavilion” means a fully or partly roofed or covered freestanding structure
fully or partly open at the sides designed, established and installed to provide outdoor
living, cooking and/or recreation.
B. “Golf course” means an area with at least 9 holes for playing golf, including improved
tees, greens, fairways, hazards, and a driving range. Facility may include a clubhouse
with related pro-shop, restaurant/food, and alcohol service.
C. “Grade, existing; existing grade” means the ground elevation existing on a lot at the time
an application for a building or other development permit is filed at the city.
D. “Grade, finished; finished grade” means the ground elevation after any lot development
is completed.
E. “Grade, original; original grade” means the natural ground elevation that existed prior to
any lot development or manmade modifications in the first instance. (See MMC
20.23.080.)
F. “Greenhouse” means a building wherein the temperature and humidity can be regulated
for the cultivation of plants.
G. “Guests” means those who occupy upon invitation of the owner or lessee without charge
or other consideration for such occupancy.
20.12.090 “H” definitions.
A. “Hardscape” means any inorganic decorative landscape materials, including but not
limited to stones, boulders, cobbles, pavers, decorative concrete incorporated into an
overall landscape design of the grounds. This definition includes, but is not limited to
patios, walkways, steps, and other paved areas on the ground.
B. “Hearing body” means the body designated by the city council to preside over an open-
record hearing or closed-record appeal.
C. "Hearing Examiner" means the person appointed pursuant to MMC 2.78.020 with the
powers and duties prescribed in Chapter 2.78 MMC.
D. “Height” means a vertical distance measured between two points.
E. “Household staff” means individuals who spend more than 50 percent of their working
time employed at the residence site and in no event work less than 20 hours per week,
including caregivers. For the purpose of this chapter, “household staff” includes the
spouse and children of such an employee.
F. “Hot tub” means a hydro-massage pool, or tub for recreational or therapeutic use
designed for immersion of users, and usually having a filter, heater, and motor-driven
blower.
G. “Horticulture” means the occupation of cultivating plants, especially flowers, fruit, and
vegetables.
20.12.100 “I” definitions.
A. “Impervious surface” means any hard surface area which either prevents or retards the
entry of water into the soil mantle as it would otherwise enter under natural conditions
preexisting to development, or any hard surface area which causes water to run off the
surface in greater quantities or at an increased rate of flow as it would otherwise under
natural conditions preexisting to development. Examples include impenetrable materials
such as asphalt, concrete, brick, stone, wood and rooftops.
B. “Impervious surface area” means the total square feet of impervious surfaces located on
a lot.
Attachment A
20.12.130 “L” definitions.
A. “Landscape” means plant materials, topography, and other natural physical elements
combined in relation to one another and to man-made structures.
B. “Landscaping” means the planting, removal and maintenance of vegetation along with
the movement and displacement of earth, topsoil, rock, bark and similar substances
done in conjunction with the planting, removal and maintenance of vegetation.
C. “Lane, private” means a developed private right-of-way which provides vehicle access to
more than one lot abutting thereon. (See Chapter 20.91 MMC.)
D. “Lattice tower” means a support structure characterized by an open framework of lateral
cross members which stabilize the structure.
E. "Lot" means (1) a fractional part of divided lands having fixed boundaries being of
sufficient area and dimension to meet the minimum and maximum underlying zoning
district requirements for width, area and street frontage; (2) land having fixed boundaries
used as a “building site.” The term includes parcels and tracts.
F. “Lot area” means the dry land area of a lot, which is further defined as land area
exclusive of shorelands, except those which by recession of water or bulkhead have
become dry land above the high water level.
G. “Lot area, gross” means all areas within the boundaries of a lot.
H. “Lot area, net” means the lot area exclusive of the area of any vehicular private lane,
vehicular right-of-way, vehicular access easement, or any areas unbuildable due to the
presence of critical areas as defined in Chapter 18.12 MMC.
I. “Lot, corner” means a lot situated at the intersection of, and abutting upon, the
intersection of two or more streets, or the intersection of a street and a private lane, or
upon two parts of the same street, provided the interior angle of intersection is not more
than 135 degrees. In the case of a curved corner, the tangents at the street extremities
of the side lot lines shall be used for forming the angle.
J. “Lot, through” means a lot bounded on two opposite sides by streets, provided, however,
that if any lot qualifies as being both a corner lot and a through lot, such lot shall be
deemed to be a corner lot for the purposes of the zoning code.
K. “Lot line adjustment” means a minor movement of a property line between two or more
adjoining parcels. Lot line adjustments are used to correct minor trespasses (such as
building a shed over a property line) or to add acreage to a parcel for the owner’s
convenience.
20.12.140 “M” definitions.
A. "Manufactured home" means a single-family dwelling required to be built in accordance
with regulations adopted under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).
B. “Mechanical equipment” means any machine or system containing moving parts such as
motors, valves, relay switches, compressors, fans or similar components, including, but
not limited to those used to circulate and/or condition air, water, refrigerant, effluent or
products of combustion.
C. “MMC” means Medina Municipal Code as adopted pursuant to Chapter 1.01 of the
Medina Municipal Code.
D. “Monopole” means a single upright pole, engineered to be self -supporting that does not
require lateral cross supports and is sunk into the ground and/ or attached to a
foundation.
Attachment A
20.12.150 “N” definitions.
A. “Net lot area” means: See definition of “lot area, net”.
B. “Nonconforming lot” means a lot that does not meet the lot area, width, or street frontage
requirements of the zone in which it is located, but was lawfully created prior to the
effective date of the zone or subsequent amendments thereto.
C. “Nonconforming structure” means any structure that does not comply with the required
setbacks, height, structural coverage and other development regulations in which it is
located, but was lawfully constructed prior to the effective date of the development
regulation, or subsequent amendments thereto, and was continually maintained without
abandonment as defined in this chapter. This term applies whether or not the
nonconformity was permitted by a variance.
D. “Nonconforming use” means any activity, development, or condition that by the zone in
which it is located is not permitted outright or permitted as an accessory use, or is not
permitted by a conditional use permit or other special permitting process, but was
lawfully created prior to the effective date of the zone, or subsequent amendments
thereto, and was continually maintained without abandonment as defined in this chapter.
A nonconforming use may or may not involve structures and may involve part of, or all
of, a structure or property.
20.12.160 “O” definitions.
A. “Occupancy” means the purpose for which a building is used or intended to be used.
The term shall also include the building or room housing such use. Change of
occupancy is not intended to include change of tenants or proprietors.
B. “Offsite” means an activity or use that is related to a specific principle use, but is not
located on the same site as the principle use.
C. “Onsite” means an activity or use that is related to a specific principle use, and is located
on the same site as the principle use.
D. “Open-record appeal hearing” means an open-record hearing held on an appeal when
no pre-decision hearing has been held on the project permit application.
E. “Open-record hearing” means a hearing that creates the city’s record through testimony
and submission of evidence and information, under procedures prescribed by the city by
ordinance or resolution. An open-record hearing held prior to the city’s decision on a
project permit application shall be known as a “pre-decision hearing.”
F. “Outdoor mechanical equipment” means mechanical systems, including, but not limited
to compressors, generators, heating systems, cooling systems, and similar mechanical
devices that are located outside of a building.
G. “Overlay zone” means a set of zoning requirements that is mapped and is imposed in
addition to those of the underlying zoning district.
H. “Owner” means one who has legal title to ownership, or an authorized agent of the
owner who has written authorization to act on behalf of the owner, or a purchaser under
a contract for the sale of real property.
20.12.170 “P” definitions.
A. “Parcel” means: see definition of lot.
B. “Park, public” means a natural, landscaped, or developed area, which may or may not
contain structures, that is provided by a unit of government to meet the active or passive,
outdoor or indoor, recreational needs of people.
Attachment A
C. “Parking area” means any area designed and/or used for parking vehicles and other
motorized transportation.
D. “Parking space” means an area which is improved, maintained and used for the sole
purpose of temporarily accommodating a motor vehicle that is not in use.
E. “Parties of record” means:
a. The applicant and any appellant;
b. The property owner, if different than the applicant;
c. The city;
d. Any person or public agency who individually submitted written comments to the city
prior to the closing of the comment period provided in a legal notice;
e. Any person or public agency who individually submitted written comments for or
testified at a pre-decision hearing;
f. Any person or public agency who submitted to the city a written request to
specifically receive the notice of decision or to be included as a party of record prior
to the closing of an open-record pre-decision hearing.
g. A party of record does not include a person who has only signed a petition. (See
MMC 20.80.160.)
F. “Patio” means a hard surfaced area of the ground beyond a building designed,
established and/or installed to provide for outdoor living, cooking and recreation, some
sides of which are open and which may or may not have a permanent overhead
covering.
G. “Permit fee” means a payment of money imposed upon development as a condition of
application for or approval of development to cover the costs of processing applications,
inspecting and reviewing plans or other information required to be submitted for purpose
of evaluating an application, or inspecting or monitoring development activity.
H. “Person” means, as used in this title, any individual, partnership, association,
corporation, unit of government or any other legal entity.
I. “Personal wireless services” means the same as that phrase is given meaning pursuant
to 47 USC §332(c)(7)(C)(i).
J. “Personal wireless service facilities” means the same as that phrase is given meaning
pursuant to 47 USC §332(c)(7)(C)(ii).
K. “Planned Land Use Development (PLUD)” means the provisions for varying zoning
requirements adopted by Ordinance No. 213 and repealed by Ordinance No. 435.
L. "Plat" means a map or representation of a subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, streets and alleys, or other divisions and
dedications.
M. "Plat certificate" means a title report or subdivision guarantee that is prepared by a title
company for the property contained in a proposed short subdivision, subdivision or
binding site plan, to include, as a minimum, all owners of record, easements and
encumbrances affecting said property.
N. "Plat, final" means the final drawing of the subdivision and dedication prepared for filing
for record with the County Auditor and containing all elements and requirements set forth
in this chapter and Chapter 58.17 RCW.
O. "Plat, preliminary" means a neat and approximate drawing of a proposed subdivision
showing the general layout of streets and alleys, lots, blocks, and other elements
consistent with the requirements of this chapter. The preliminary plat shall be the basis
for the approval or disapproval of the general layout of a subdivision or short subdivision.
P. "Plat, short" means the map or representation of a short subdivision.
Q. “Porch” means a structure abutting a main wall of a building having a roof, but with walls
that are generally open and unenclosed and with direct access to or from a building. An
Attachment A
uncovered porch is similar to an uncovered deck, but provides main access to or from a
building. (See Deck and Veranda.)
R. “Premises” means the same as the definition in MMC 8.04.010(D).
S. “Profit” means the value difference in what a building or structure is worth as a result of
improvements made to the building or structure, and the cost of replacement of the
building or structure. For the purpose of this chapter “profit” shall be an estimate.
T. “Property line” means the legal boundary of a parcel of land.
U. “Property line, front” means, unless otherwise set forth in this title, the property line
contiguous with the street right-of-way.
V. “Property line, rear” means, unless otherwise set forth in this title, any property line other
than the front property line which is parallel to the front property line or within 45 degrees
of being parallel to the front property line.
W. “Property line, side” means any property line that is not a front or rear property line.
X. “Project permit” or “project permit application” means any land use or environmental
permit or license required from the city for a project action, including but not limited to
building permits, subdivisions, conditional/special uses, shoreline permits, site plan
review, permits or approvals required by critical area ordinances, site-specific rezones
authorized by a comprehensive plan, tree removal permits, and right-of-way permits, but
excluding the adoption or amendment of a comprehensive plan, subarea plan, or
development regulations.
Y. “Public meeting” means an informal meeting, hearing, workshop, or other public
gathering of persons to obtain comments from the public or other agencies on a
proposed project permit prior to the city’s decision. A public meeting does not include an
open-record hearing. The proceedings at a public meeting may be recorded and a report
or recommendation may be included in the city’s project permit application file.
Z. “Public safety use” means police, fire and similar emergency services provided by a
public entity.
20.12.190 “R” definitions.
A. “Reconstruction” means to undertake construction within and/ or on an existing structure
which has a valid construction permit with fair-market construction costs greater than 60
percent of the replacement cost of the existing structure being enlarged, extended,
repaired, remodeled, or structurally altered. All project phases necessary to result in a
habitable building must be included. The calculation for fair market construction costs
shall include all costs of construction associated with the structure for a period beginning
on the date of permit issuance and ending 18 months after the date the permit is
finalized by the City.
B. “Recreational facility” means a place designed and equipped for the conduct of sports,
leisure time activities and other customary and usual recreational activities.
C. “Religious facility” means an establishment for the purpose of public worship where the
principal building or other structure contains the sanctuary or principal place of worship,
and which includes related accessory uses.
D. “Replacement cost” means the square footage of the structure multiplied by local
building costs per square foot for the type of structure, or a similar method of calculation.
E. “Residential use property” means all portions of any property which contain a residence
and all portions of any vacant property which is zoned for residential use, including
property located in adjoining jurisdictions.
F. “Responsible person” means the same as “person responsible for a violation” set forth in
MMC 1.15.020(B).
G. “Retaining wall” means a structure constructed to hold back or support an earthen bank.
Attachment A
H. “Right-of-way” means a public or private area that allows for the passage of people or
goods. Right-of-way includes passageways such as freeways, streets, bike paths,
alleys, and walkways. A public right-of-way is a right-of-way that is dedicated or deeded
to the public for public use and under the control of a public agency.
I. “Rockery” means a soil retaining or stabilizing structure composed of stacked rock that is
not attached together by any bonding agent, such as mortar.
20.12.200 “S” definitions.
A. “School” means a school operation with 13 or more attendees at any one time, not
including immediate family members who reside in the school or employees.
B. “School operation” means any institution of learning, excluding those offering post -
secondary education, offering instruction in the several branches of learning and study
required by the Basic Education Code of the State of Washington to be taught in the
public, private and parochial school.
C. “Security barrier” means an obstruction, such as fences, walls, vegetation and similar
elements that restricts public access.
D. “SEPA” means: See definition of “State Environmental Policy Act”.
E. “Service area” means the vicinity around a wireless communication facility that
effectively receives signals from and transmits signals to the facility.
F. “Setback” means the minimum distance from the property line to where a structure may
be built. (See 20.22.030.)
G. “Setback area” means the area of a lot or building site between the property line and the
limits set by City regulations within which no permanent structure may intrude unless
allowed otherwise by law.
H. “Sign” means any medium visible to the public including its structure and component
parts which is used or intended to be used out of doors to convey a message to the
public or otherwise attract attention to its subject matter, for advertising or any other
purposes.
I. “Sign area” means all faces of a sign which include a message, logo or other
identification.
J. “Sign, permanent; permanent sign” means any sign which is affixed, directly or indirectly
to the ground or to any permanent structure or building, including fences, in such a
manner that it cannot be moved or transported with ease, and which is intended to
remain in one location and position for an extended period of time.
K. “Sign, temporary; temporary sign” means any sign which is not permanently affixed,
directly or indirectly, to the ground or any permanent structure or building and which is
capable of being moved or transported with ease.
L. “Significant gap in service coverage” means a large geographical service area in which a
large number of remote user subscribers are unable to connect or maintain a connection
to the national telephone network through a telecommunication carrier’s wireless
communication network. A “dead spot” (defined as small areas within a service area
where the field strength is lower than the minimum level for reliable service) does not
constitute a significant gap in services.
M. “Single-family dwelling” means a detached dwelling house that is limited in design to the
accommodation of one family, its household staff and guests. A single-family dwelling
may have accessory recreational buildings in addition to a detached garage which may
include a beach and/or playhouse and having no more than one room plus a bathroom
and otherwise not designed for habitation. A single-family dwelling may be occupied by
the members of one family alone, its guests and household staff; provided, however, that
it is not a violation of this title for the renter or owner of any dwelling to provide lodging
Attachment A
for persons not attached to the renter’s or owner’s family so long as such use is
incidental to the use of the dwelling for residence purposes.
N. “Spa” means see definition under “Hot Tub”.
O. “Sport court” means an area of ground defined by permanent surfacing, equipment
and/or fencing for the purpose of playing tennis, badminton, basketball and similar social
games.
P. "State Environmental Policy Act (SEPA)" means environmental review procedures
required under Chapter 43.21C RCW , Chapter 197-11 WAC, and Chapter 18.04 MMC.
Q. “Story” means that portion of a building included between the upper surface of any floor
and the upper surface of the floor next above, except that the topmost story shall be that
portion of a building included between the upper surface of the topmost floor and the
ceiling or roof.
R. “Street” means a right-of-way, opened or unopened, that is intended for motor vehicle
travel or for motor vehicle access to abutting property. Street includes all the area within
the right-of-way, such as roadways, parking strips, and sidewalks. For the purposes of
the zoning code, street shall not include private lanes.
S. “Street frontage” means the property line abutting streets.
T. “Structural coverage” means the area of a lot covered by structures. (See MMC
20.23.030.)
U. “Structure” means that which is erected, built or constructed, including an edifice or
building of any kind, or any piece of work artificially built up or composed of parts joined
together in some definite manner.
V. "Subdivision" means the division or re-division of land into five or more lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
W. “Subdivision, accumulative short” means multiple short subdivisions of contiguous
existing lots held under common ownership, which would result in the creation of five or
more lots within a five-year period of the initial short subdivision approval. “Ownership”
for the purpose of this definition means ownership as established at the date of the initial
short subdivision approval.
X. "Subdivision, short" means the division or re-division of land into four or fewer lots,
tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Y. “Substantial destruction” means to remove more than 60 percent of the existing exterior
wall framing of a structure, as measured by the horizontal linear length of all existing
exterior walls. Any partial removal of existing framing shall count towards the
measurement of horizontal linear length the same as if the entire framing within that
horizontal linear length was removed, except partial removal shall not include
replacement of windows or doors when no beams or struts are removed. For the
purpose of substantial destruction, existing exterior walls shall exclude exterior walls
built less than 18 months prior to submittal of a building permit application. The
calculation of the 18 months shall include to the time after the date the last permit
involving construction of a new exterior wall was finalized by the City.
Z. “Substantially” means significant in the size or amount and has a noticeable impact on
the current situation to a degree that would satisfy a reasonable person as significant.
AA. “Support structures” means the structure to which antennas and other necessary
associated hardware are mounted, including, but not limited to lattice towers,
monopoles, utility support structures, and existing nonresidential buildings.
BB. “Swimming pool” means any artificially constructed water-holding device that has a
minimum depth of 42 inches and is of sufficient size for swimming, wading, immersion,
or therapeutic purposes.
Attachment A
20.12.210 “T” definitions.
A. “Temporary public facility” means a land use and/or facilities owned, operated, and
maintained temporarily by a City government agency, a public or nonprofit school, or
religious organization.
B. “Terrace” means a level platform or shelf of earth supported on one or more faces by a
wall, bank of turf, stable inclined grades, or the like.
C. "Title report" means the written analysis of the status of title to real property, including a
property description, names of titleholders and how title is held (joint tenancy, etc.),
encumbrances (mortgages, liens, deeds of trusts, recorded judgments), and real
property taxes due.
D. "Tract" means an extended area of land reserved exclusively for a special use such as
open space, surface water retention, utilities, or access. Tracts reserved for a special
use are not considered building sites.
E. “Treasure, County” means the person defined in Chapter 36.40 RCW, or the office of the
person assigned such duties under the King County Charter.
F. “Truck gardening” means the same as “market gardens”, which is the small-scale
production of fruits, vegetables and flowers, frequently sold directly to consumers.
20.12.220 “U” definitions.
A. “UDC” means Unified Development Code as set forth in Title 20 MMC.
B. “Uncovered” means, when used in conjunction with a structure such as decks, stairs,
patios, etc., means open above and without cover.
C. “Use” means any activity, occupation, business or operation carried out, or intended to
be carried on, in a building or other structure or on a parcel of land.
D. “Use, accessory” means: See definition of “Accessory”.
E. “Use, principle” means the main or primary purpose for which a building, other structure
and/ or lot is designed, arranged, or intended, or for which may be used, occupied or
maintained under the Medina Municipal Code.
F. “Utility support structure” means poles that support street lights, and poles used to
supporting electrical, telephone, cable or other similar facilities. These poles are
typically constructed of wood, steel, concrete and composite materials.
20.12.230 “V” definitions.
A. “Valuation” means the determination of value made by the building official or designee of
the total work, including materials, labor, overhead and profits for which a permit is
issued, such as electrical, gas, mechanical, plumbing equipment and permanent
systems.
B. “Vegetation” means any organism of the vegetable kingdom, including grasses, herbs,
shrubs, and trees. Weeds are excluded from the definition of “vegetation.”
C. “Veranda” means an open-roofed platform projecting from the exterior wall of a building.
See definitions for “deck” and “porch”.)
D. “View-shed” means the environment that is visible from one or more viewing points.
20.12.240 “W” definitions.
A. “Wall framing” as used when applied to nonconformity, means the assemblage of beams
and struts that provide a support structure to which interior and exterior wall coverings
Attachment A
are attached. Wall framing shall not include the horizontal ceiling joists and sloping
rafters used for the roof.
B. “Weed” means plants considered unwanted, undesirable, or troublesome.
C. “Wireless communication facility” means a facility designed and used for the purpose of
transmitting, receiving, and relaying voice, video and data signals from various wireless
communication devices. This may include any combination of antennas, ancillary
facilities, equipment housing structures, support structures, and security barriers.
20.12.270 “Z” definitions.
A. “Zero-elevation surface” means a vertical reference point such as sea level to which
heights of various points are referred in order that those heights are in a consistent
system.
B. “Zone; zoning” means an area delineated on the “Official Zoning Map” which in
accordance with the provisions of this ordinance, certain uses of lands, buildings and
structures are permitted and prohibited, and which certain requirements are
established for uses, buildings and structures. (See Chapter 20.20 MMC.)
Attachment A
Chapter 20.14
Development Permit Fees
Sections:
20.14.010 Purpose.
20.14.020 Applicability.
20.14.030 General provisions.
20.14.040 Fee schedule.
20.14.050 Building and structure valuation.
20.14.060 Consultant Costs.
20.14.070 Advanced deposit for consultant services.
20.14.080 Disputes.
20.14.010 Purpose.
The purpose of this chapter is to prescribe reasonable fees and fee collection to cover the
cost of services associated with the processing of development applications, inspecting, and
reviewing plans, and conducting environmental review.
20.14.020 Applicability.
Development permit fees shall compensate the City for building, engineering and land use
services associated with the processing, review and inspection of:
A. Residential and commercial building permit applications;
B. Grading and drainage permit applications;
C. Right-of-way permits;
D. Tree removal permits;
E. Shoreline permit applications and exemptions;
F. State Environmental Policy Act (SEPA) compliance;
G. Critical areas review;
H. Preliminary and final subdivisions and short subdivisions;
I. Lot line adjustments;
J. Variances and minor deviations, conditional and special use permits, zone
reclassifications, temporary use permits;
K. Site plan review;
L. Code of conduct and tailored construction mitigation plans;
M. Amendments to the comprehensive plan or shoreline master program;
N. Code amendments and amendments to the Official Zoning Map;
O. Other project-permits listed in the tables set forth in MMC 20.80.060; and
P. Other permits or approvals that reference this chapter.
20.14.030 General provisions.
A. The Director may establish administrative rules to implement the provisions of this
chapter.
B. Fees are due and payable at the time of application for services or the due date stated
on the City’s invoice.
C. A late penalty payment equal to one percent of the delinquent unpaid balance,
compounded monthly, may be assessed on any delinquent unpaid balance.
D. Unless otherwise required by law, development permit and environmental review fees
shall be assessed at the fee rate in effect at the time the fee is collected.
Attachment A
E. Administrative fees are not refundable. Other service fees are refundable in proportion
to the amount of work performed as of the date an application is withdrawn by an
applicant.
F. Whenever a planning, building or engineering plan review or inspection results in more
than one correction notice, second and subsequent corrections shall be charged a fee
for additional services at an hourly rates established by the fee schedule.
G. Waivers from development fees may be granted to qualifying applicants pursuant to
Chapter 3.60 MMC.
20.14.040 Fee schedule.
A. Development permit fees shall be set in a manner to reasonably cover as close as
possible the actual cost of providing the services prescribed in MMC 20.14.020. This
shall include consultant costs.
B. The Director has authority to establish a fee schedule and to increase or decrease fees
consistent with the provisions of this chapter to compensate the City for services related
to development and conducting environmental review.
C. The fee schedule and any modifications thereto shall be submitted to the City Council for
consideration. The City Council shall review the fee schedule and may approve, reject
or modify the proposed fee schedule or any modifications thereto.
20.14.050 Building and structure valuation.
Fees for the review of buildings and structures, including additions and modifications, shall
be calculated using the fee rate table adopted in the fee schedule pursuant to MMC
20.14.040 and the following methods of determining permit valuation:
A. Valuation for new construction and/ or additions for Group R, Division 3 Occupancy
Residential one- and two-family) shall be based on Table 20.14.050, except as provided
in MMC 20.14.050(B):
Table 20.14.050 Valuation Table
Range for Value per Square Foot
Middle Lower
Main Floor Area $336 $250
Upper Floor Area $336 $250
Lower Floor Area $336 $250
Storage/ Unconditioned
Garage Area
125 $105
Unfinished Space $323 $227
Finished Basement Area $359 $283
Porch Area – Uncovered $76 $71
Porch Area– Covered $160 $145
Decking Area – Uncovered $35 $25
Decking Area – Covered $100 $75
1. The applicable value shall be applied based on the type of construction and work
being performed.
2. The building official must approve which value in the table to apply in calculating
valuation.
Attachment A
B. When a permit for Group R, Division 3 Occupancy (Residential one- and two-family) new
construction or addition has a valuation greater than $2.5 million, it shall have the
valuation determined pursuant to MMC 20.14.050(C).
C. For those items not covered by the valuation table in MMC 20.14.050, including all areas
of remodel, the valuation shall be determined by the applicant providing an estimate
value at the time of application. All fair-market value for labor and materials, equipment;
architectural and engineering design work, contractor management expenses, agent
administration expenses, profit, and overhead necessary to complete the project shall be
included in the estimate. Sales tax and permit fees shall not be included.
D. Final valuation shall be set by the building official consistent with the provisions of this
chapter. If, in the opinion of the building official, the valuation provided by the applicant
is underestimated on the application, or if subsequently the application is changed in a
manner that significantly affects valuation, the building official may require a detailed
estimate, or may require a new valuation estimate that must be approved by the building
official.
E. Permit fees based on valuation shall use final valuation for assessing fees to be paid.
20.14.060 Consultant Costs.
In addition to City staff, the City utilizes the services of consultants in the processing of
development applications, inspecting, and reviewing plans, and conducting environmental
review.
A. When referred to in the fee schedule, consulting costs shall include all costs incurred by
the City for services for consultants retained by the City in relation to permits.
B. Costs shall include the hourly cost to the City for the consultants’ services plus any
administrative costs and incidental costs associated with the consultant’s services.
C. Consultant costs may also include those costs incurred when an applicant requests a
pre-development meeting, or when requesting assistance in clarifying the status or
permitted use of property or easement.
D. The general provisions set forth in MMC 20.14.030 for development fees shall apply to
consultant costs where applicable.
20.14.070 Advanced deposit for consultant services.
A. The City may require an applicant to pay in advance a deposit for consultant services.
B. The City shall, within a reasonable time, provide to the applicant the fee estimate for
consultant services upon which the deposit will be based.
C. The deposit shall not exceed 100 percent of the total actual or estimated cost of the
review and inspection of a permit application.
D. The City may withdraw funds from the deposit to compensate for the cost of consultant
services as those consultant costs are incurred by the City.
E. The City may require the applicant to provide additional payments to the deposit
whenever the cost to complete review and inspection on a permit is anticipated to
exceed the available funds in the deposit. The provision set forth in MMC 20.14.070(C)
shall apply to subsequent payments.
F. The City may refuse to issue or continue processing any permit, or perform any
inspection, if a requested deposit payment remains unpaid.
G. The City shall not be obligated to pay interest on deposits. Any unspent funds remaining
after all permits and approval on a project are final shall be refunded to the applicant.
Attachment A
20.14.080 Disputes.
A. An applicant disputing a fee estimate or the payment of fees shall first attempt to resolve
the matter with the Director. The applicant shall submit the dispute in writing and the
Director shall issue a decision on the dispute in writing.
B. If the applicant is aggrieved by the Director’s decision, they may appeal the decision to
the hearing examiner pursuant to MMC 20.80.220.
C. The burden is on the applicant to demonstrate that the fee estimate or estimate revision
is unreasonable. The hearing examiner shall affirm the Director’s decision unless the
examiner determines that the decision was unreasonable.
D. If the hearing examiner determines the fee estimate or payment of certain fees was
unreasonable, the hearing examiner may modify the fee estimate, or provide other relief
as reasonably necessary. The hearing examiner’s decision is final.
E. If the hearing examiner determines that the applicant is the substantial prevailing party,
the City shall refund the appeal fee.
F. An appeal of fee under this chapter shall be limited only to the City’s application of
permit fees to the applicant’s permit and approval. An applicant may not challenge in an
appeal under this chapter the permit fees as adopted in the fee schedule, or any other
code requirements.
Attachment A
Chapter 20.16
Enforcement
Sections:
20.16.010 Scope of unlawful activity.
20.16.020 Violations and enforcement.
20.16.030 Prohibition of further permits or approvals.
20.16.010 Scope of unlawful activity.
A. This title shall be enforced for the benefit of the health, safety, and welfare of the general
public, and not for the benefit of any particular person or class of persons.
B. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair,
move, remove, convert, demolish, use, occupy, or maintain any structure or use of land,
or any portion, in violation of the provisions of this title. The violation shall exist until the
unlawful act and/or unlawful use has been remedied or abated.
20.16.020 Violations and enforcement.
It is the duty of the Director to enforce the provisions of this title, except where specified
otherwise by law.
A. Violation of any provision of this title shall constitute a civil or criminal violation subject to
the enforcement provisions set forth in Chapter 1.15 MMC for which a monetary penalty
may be assessed and abatement may be required
B. In addition to the procedures prescribed in Chapter 1.15 MMC, enforcement actions may
include one or more of the following:
1. Withhold or revoke land use and shoreline permits or approvals;
2. Withhold or revoke building permits for construction or alteration of a structure,
3. Withhold or revoke other approvals set forth in this title; and/ or
4. Abatement action pursuant to Chapter 8.04 MMC.
20.16.030 Prohibition of further permits or approvals.
A. The City shall not accept, process, or approve any application for a permit or approval,
or issue a certificate of occupancy for property on which a violation of this title has
occurred until the violation is cured by restoration or other means accepted by the
Director and by payment of any penalty imposed for the violation.
B. This prohibition on further permits or approvals does not apply to those permits or
approvals that involve curing the violation.
Attachment A
Subtitle 20.2
Land Use
Chapter 20.20
Establishment of Zoning
Sections:
20.20.010 Comprehensive plan and zoning.
20.20.020 Adoption of Official Zoning Map.
20.20.030 Zoning map Interpretations.
20.20.010 Comprehensive plan and zoning.
A. The comprehensive plan establishes a community vision for a high-quality single-family
residential setting and the coordinating goals and policies that support this vision.
Development regulations implement the comprehensive plan by specifying how and for
what purpose each parcel of land may be used.
B. Table 20.20.010 prescribes the relationship between the comprehensive plan and
zoning designations by identifying the comprehensive plan land use designation and the
corresponding implementing zoning designations.
Table 20.20.010: Comprehensive Plan and Zoning
Comprehensive
Plan Land Use
Designation
Implementing Zone Designations
Single Family
Residential
Single-family Residence – R16
Single-family Residence – R20
Single-family Residence – R30
Suburban Gardening Residential SR30
Local Business
Single-family Residence – R16
Suburban Gardening Residential SR30
Neighborhood Auto Servicing
Public Facility Single-family Residence – R16
Parks and Public Places
School/ Institution Parks and Public Places
Utility All
Park All
Open Space All
20.20.020 Adoption of Official Zoning Map.
A. The land use and circulation map, amended as of March 9, 1992, and adopted by
Ordinance 555, including amendments thereto, shall serve as the City of Medina Official
Zoning Map. Said map and all notations, references, data and other information shown
on the Official Zoning Map are adopted and made part of the UDC.
B. The City is divided into the following zoning districts, which are shown on the Official
Zoning Map:
1. Single-family Residence R16 (R-16);
2. Single-family Residence R20 (R-20);
3. Single-family Residence R30 (R-30);
Attachment A
4. Suburban Gardening Residential SR30 (SR-30);
5. Neighborhood Auto Servicing (N-A); and
6. Park and Public Places (Public).
C. The following special zoning map overlays are established and shown on the Official
Zoning Map:
1. Neighborhood Character Preservation District – Medina Heights (Medina Heights) as
adopted by Section 1 and Section 2 of Ordinance No. 624; and
2. Planned Land Use Development (PLUD).
D. In addition to the zoning districts and special zoning map overlays, a Primary State
Highway designation shall apply to the SR 520 right-of-way and shown on the Official
Zoning Map.
20.20.030 Zoning map Interpretations.
The Director shall use the following criteria to interpret the official zoning map:
A. Where a zone boundary is indicated as approximately following a property line, the
property line is the zone boundary;
B. Where a zone boundary is indicated as following a street or other right-of-way, the
centerline of the street or right-of-way is the zone boundary;
C. Where a zone abuts or extends into a lake, the zone boundary extends into that body of
water to the full limit and territorial extent of the jurisdiction and control of the City; and
D. Where a zone boundary is not indicated to follow a property line, street, or other right -of-
way, the boundary line is as drawn, based on the scale shown on the Official Zoning
Map.
Attachment A
Chapter 20.21
Use and Occupancy Development Regulations
Sections:
20.21.010 Purpose.
20.21.020 Permitted uses, prohibited uses.
20.21.030 Use table.
20.21.040 Accessory uses.
20.21.050 Similar uses.
20.21.010 Purpose.
This chapter establishes the use and occupancy of premises that are permitted in each
zoning district.
20.21.020 Permitted uses, prohibited uses.
Uses listed in Table 20.21.030 are subject to the following:
A. Uses listed with a “P” are permitted outright, subject to applicable development
regulations;
B. Uses listed with an “L” are limited uses and are permitted subject to the applicable
regulations in Chapter 20.31 MMC and other applicable development regulations;
C. Uses listed with an “A” are administrative uses and are permitted subject to an
Administrative Special Use Permit or Administrative Conditional Use Permit and
applicable development regulations;
D. Uses listed with a “SU” are special uses and are permitted subject to a Non-
administrative Special Use Permit and applicable development regulations;
E. Uses listed with a “CU” are conditional uses and are permitted subject to a Non-
administrative Conditional Use Permit and applicable development regulations;
F. Uses listed with an “H” are historical uses and are permitted subject to a Historical Use
Permit and applicable development regulations;
G. Uses listed in the table, but are shown as blank in the column under a specific zone, are
prohibited in that zone;
H. Uses not listed in the table are prohibited, except as may be allowed by MMC 20.21.040
or MMC 20.21.050;
I. Review procedures for deciding project permit applications are found in Chapters 20.70
through 20.72 MMC.
20.21.030 Use table.
Table 20.21.030 establishes those uses which are permitted, those uses subject to specific
development standards, and those uses requiring special approval and that are prohibited
within each zoning district.
Attachment A
Table 20.21.030: Land Use Table
Uses
R-
16
Z
o
n
e
R-
20
Z
o
n
e
R-
30
Z
o
n
e
SR
30
Z
o
n
e
NA
Z
o
n
e
Pu
b
l
i
c
Z
o
n
e
Residential Uses
Accessory Dwelling Units P P P P P P
Accessory Recreational Facilities A A A A A A
Accessory Recreational Facilities – Minor L L L L L L
Accessory Uses – On-site P P P P P P
Accessory Uses – Off-site L L L L L L
Adult Family Home L L L L L L
Detached, Single-family Dwelling P P P P P P
Family Day Care Home L L L L L L
Manufactured Home L L L L L L
Non-residential Uses
Automobile Service Station L
Automobile Mechanical Repair L
Commercial Horticulture/ Truck Gardening/
Agriculture, excluding the raising of animals L
Clubhouse Public/ Private SU SU
Golf Course SU
Historical Use H H
Home Business L L L L P P
Public & Institutional Uses
City Government Facilities CU
Post Office SU
Public Safety CU
Public Park P P P P P P
Electrical Power & Utility Substation SU SU SU SU SU SU
Accessory recreational facilities – public P P P P P P
Religious Facility SU SU SU SU SU SU
School public/ private (preschool to grade 12) SU
Temporary City Government Facilities L L L L P P
Wireless Communication Facilities SU SU SU SU SU
Shoreline Uses
See Chapter 20.62 MMC for a list of uses within the shoreline jurisdiction
See MMC 20.21.020 for explanation of “P”, “L”, “A”, “SU”, “CU”, and “H”.
Attachment A
20.21.040 Accessory uses.
A. Accessory uses listed in Table 20.21.030 and elsewhere in the UDC are allowed
consistent with MMC 20.21.020 and Table 20.21.030.
B. Accessory uses not listed in Table 20.21.030 or elsewhere in the UDC may be allowed
provided the Director determines the accessory use is a customary and incidental use to
the principal use.
C. Except where expressly provided for otherwise in Table 20.21.030, accessory uses shall
be permitted the same as the principal use. The Director may waive this for an
accessory use established after the time the principle use is established involving a
SU”, “CU” or “H” from the table if:
1. The principal use complies with the permit requirement in Table 20.21.030;
2. The accessory use is within the scope and intent of the original permit as determined
by the Director; and
3. The addition of the accessory use will not result in the use of the land as a whole to
have a detrimental effect on neighboring properties and streets due to noise, lighting,
off-site traffic generation, and similar negative impacts.
D. There is no limit on the number of accessory uses that may be associated with a
principal use, subject to other limitations in the Medina Municipal Code.
E. Except where expressly allowed off-site in MMC 20.34.030, accessory uses shall be
located on the same lot as the principal use.
20.21.050 Similar uses.
A. Whenever a proposed use is not listed in Table 20.21.030, it may be allowed if the
Director determines the proposed use is a similar use to that of a use listed in Table
20.21.030 for that particular zone.
B. A request for a determination of similar use shall be submitted to the City in writing. The
determination of similar use shall be processed as a Type 1 decision pursuant to the
review procedures in Chapter 20.80 MMC.
C. The Director shall consider the scale, visual impacts, traffic generation, relationship to
surrounding uses, and other factors which influence and/ or define the nature of the use
in making a determination.
D. If the Director determines the proposed use is similar to a use in Table 20.21.030, the
proposed use shall be allowed subject to the same requirements as the use in Table
20.21.030 it is found to be similar too.
Attachment A
Chapter 20.22
Lot Development Standards
Sections:
20.22.010 Purpose.
20.22.020 Lot development standards.
20.22.030 Building and structure setbacks.
20.22.040 Protrusions into setback areas.
20.22.050 Corner lot optional setback.
20.22.060 Property lines defined as rear and side.
20.22.010 Purpose.
This chapter establishes development standards applicable to lots and setbacks.
20.22.020 Lot development standards.
A. The pertinent requirements for minimum net lot area, minimum lot width, and minimum
street frontage applicable to each lot is determined by the zoning district in which the lot
is located and the corresponding standards in Table 20.22.020.
Table 20.22.020: Lot Development Standards
Zoning
District
Minimum
Net Lot Area
Minimum
Lot Width
Minimum
Street
Frontage
R-16 16,000 sq. ft. 70 ft. 70 ft.
R-20 20,000 sq. ft. 70 ft. 70 ft.
R-30 30,000 sq. ft. 90 ft. 90 ft.
SR-30 30,000 sq. ft. 90 ft. 90 ft.
N-A 16,500 sq. ft. 135 ft. 135 ft.
Public None None None
B. The lot width is determined by calculating the average horizontal distance between the
side lot lines where the building envelope is located. If a lot has an irregular shape (i.e.:
less than two side property lines) or is a corner lot, lot width is determined by calculating
the average horizontal distance between the longer dimensional lot lines where the
building envelope is located.
C. The street frontage is determined by measuring the distance of the property line
adjoining a street subject to the following conditions:
1. Where a lot lies outside the curve of a street or private lane in such a manner as to
have a property line curved inward such as a cul-de-sac, the street frontage is
determined by calculating the average width of the lot measured parallel to the chord
of the arc of such frontage over the depth of such lot or the first 150 feet thereof,
whichever is less. (See Figure 20.22.020.)
Attachment A
Figure 20.22.020 Curved Street Frontage
2. Where a lot has a property line adjoining more than one street, the street frontage is
determined using the property line adjoining the greater street length; and
3. The requirements for street frontage shall not apply to flag lots, or lots located at the
terminal end of a street or private lane provided emergency vehicle access and
turnaround requirements are met.
4. The requirements for street frontage for lots fronting on a private lane are prescribed
in Chapter 20.91 MMC.
D. In the R-20 and R-30 zones, where a single lot contains high bank steep slopes and has
more than the minimum net lot area required in Table 20.22.020(A), the lot may be
divided to create two lots with one or both lots having less than the required minimum
net lot area provided:
1. Lots adjoining the single lot being divided are owned and/ or controlled by a person
or entity different then the owner of the subject single lot being divided;
2. No more than two lots result from the division;
3. Each lot has at least the greater between 85 percent of the minimum net lot area
required by the zoning district in which the lot is located, or 16,000 square feet;
4. There is a difference in elevation of at least 25 feet between the average elevations
of the area within the building envelope of each lot;
5. Restrictive covenants are recorded on each lot that state:
a. No structure or building on (insert legal description of the lot with the higher
average elevation here) shall be placed in a manner where the elevation of the
lowest point of the foundation above the ground surface is less than the elevation
of the highest point of an existing or future structure or building on the lot with the
lower average elevation; and
b. No structure or building on (insert legal description of the lot with the lower
average elevation here) shall be placed in a manner where the elevation of the
highest point of an existing or permitted future structure exceeds the elevation of
the lowest point of the foundation above the ground surface on the building or
structure on the lot with the higher average elevation; and
6. A non-administrative variance is approved pursuant to MMC 20.72.030, except the
conditions set forth in MMC 20.22.020(D)(1) through (5) shall be used in deciding the
variance.
Cul-de-sac
Cord
Average Width
Up to 150 feet
Width
Measurements
Width
Measurements
Property
Line
Property
Line
Attachment A
20.22.030 Building and structure setbacks.
A. Table 20.22.030 establishes the minimum distance required for any part of any building
or structure to be setback from the pertinent property line. The minimum setback
requirements are applied to each lot by the square footage of the lot area and the
corresponding setback standards in the table. (See definition of “lot area” and the
definitions of “property lines” in Chapter 20.12 MMC and Figures 20.22.030(B) and (C)
for establishing and delineating setbacks.)
Table 20.22.030: Minimum Building/ Structure Setbacks
Square Footage
of the Lot Area
Minimum setback from the:
Front
Property
Line
Rear
Property
Line
Side
Property
Line
Lake
Washington
Shoreline
Less than 10,001 25 feet 25 feet
10 feet
See MMC
20.63.030
From 10,001 to 13,000 26 feet 26 feet
From 13,001 to 15,000 28 feet 28 feet
From 15,001 to 20,000 30 feet 30 feet
Greater than 20,000 30 feet 30 feet
The greater
of 10 feet or
15% of the
lot width; not
to exceed 20
feet
B. Setbacks are measured as the distance between the property line and the closest point
of any part of the building or structure to the property line, including but not limited to
architectural elements, roof eaves, gutters and mechanical equipment. (See Figure
20.22.030(A).)
C. To determine compliance with the setback standards in Table 20.22.030, the setback is
measured along a horizontal plane consistent with MMC 20.22.030(B).
D. Where a lot adjoins a private lane and has less than 30 feet of public street frontage, the
front, rear and side property lines shall be determined as follows, except as provided in
MMC 20.22.030(E):
1. The side property lines shall generally correspond to the long dimension of the lot;
2. The front and rear property lines shall generally correspond to the shorter
dimensions of the lot;
3. If the dimensions of the lot form a square, the applicant may elect to designate the
front property line with the rear and side property lines designated consistent with the
definitions in Chapter 20.12 MMC.
E. Where a lot adjoining a private lane has a condition where the orientation of the dwelling
on the lot, or the orientation of dwellings on adjacent properties, logically suggests
setbacks that do not correspond to the longer and shorter dimensions of the lot, the
setbacks shall be established using the logical orientation rather than the dimensions of
the lot.
F. In addition to the setbacks prescribed by this section, if a lot adjoins a private lane, a
setback from the private lane easement is required pursuant to MMC 20.91.050.
Attachment A
Figure 20.22.030(A): Measuring Setbacks
Minimum
Setback
Distance
Building
Outer Edge of
Roof/ Gutter
Property Line
Property Line
Horizontal Plane
Ground
Closest
Point
Attachment A
Figure 20.22.030(B): Setback Property Line Designations (See “Property Line”
definitions in Chapter 20.12 MMC)
Figure 20.22.030(C): Setbacks at Step Shaped Property Line Intersections
St
r
e
e
t
Pr
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v
a
t
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a
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Side
Fr
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Re
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RearFr
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Side/ Rear
Fr
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Front
Side/ Rear
Si
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R
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a
r
Side/ Rear
Si
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rFront
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Fr
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Re
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Rear
Si
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Front
Fr
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Fr
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Street
Front
Rear
Si
d
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Si
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X feet
Y feet Radius = Y feet
Si
d
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Property
Line
Property Line
Front
Side/ Rear
Street
45°
45°
St
r
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e
t
Front
Attachment A
20.22.040 Protrusions into setback areas.
The following structures may be located within a setback area, excluding setbacks from
Lake Washington, which are subject to MMC 20.63.030:
A. Utilities which are located underground and accessory to a principal use, except the
requirement for undergrounding is not required if the limitation in MMC 18.12.390(F)
applies;
B. Walkways, 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 walls which comply with the requirements set forth in MMC 20.30.010;
E. Irrigation systems at or below finished grade, including yard hydrants, sprinkler heads
and similar features that do not exceed 36 inches above the finished grade;
F. Ramps and similar structures installed to a single-family dwelling to provide access for
elderly and/ or disabled persons;
G. Foundation footings where the footing structure does not protrude more than two feet
into the setback area and is located entirely below the ground surface;
H. Improved surface areas for off-street parking provided:
1. The protrusion is limited to the setback area from a front property line;
2. The parking area is designed in a manner that is clearly distinguishable from the
driveway;
3. A minimum 15-foot setback is maintained from the front property line;
4. The top of the parking surface does not exceed 30 inches above the existing or
finished grade, whichever is lower.
I. A chimney provided:
1. The protrusion is limited to the setback area from a side property line;
2. The maximum horizontal width of the chimney inside the setback area is five feet;
and
3. The chimney does not protrude more than two feet into the setback area.
J. Small accessory structures and outdoor mechanical equipment provided:
1. The protrusion is limited to the setback area from a rear property line;
2. The highest point of the accessory structure or outdoor mechanical equipment does
not exceed eight feet in height above the finished grade;
3. The accessory structure or outdoor mechanical equipment does not occupy a
footprint greater than 100 square feet;
4. A sight-obscuring landscaped strip is planted that screens the structure or
mechanical equipment from adjoining properties within two years; and
5. A minimum 15-foot setback from the rear property line is maintained.
K. Open play structures without roofs or walls provided:
1. The protrusion is limited to setback areas from a rear property line;
2. The maximum height of the play structure does not exceed ten feet above the
finished grade;
3. The play structure does not occupy a footprint greater than 100 square feet;
4. A minimum ten-foot setback from the rear property line is maintained.
L. Swimming pools, spas and hot tubs as provided for in MMC 20.34.060(F).
Attachment A
20.22.050 Corner lot optional setback.
On a corner lot, in lieu of the setback for a front property line set forth in Table 20.22.030, a
property owner may elect to apply a minimum 20-foot setback from one of the front property
lines and a minimum 30-foot setback from other front property lines, provided, however, that:
A. This option is not available for:
1. Lots with SR-30 zoning for which special requirements are elaborated;
2. Lots adjoining Evergreen Point Road between the SR 520 highway and Overlake
Drive West;
3. Lots adjoining Overlake Drive East and West between Evergreen Point Road and the
Medina-Bellevue city limits; and
B. The other setback requirements in Table 20.22.030 shall continue to apply.
20.22.060 Property lines defined as rear and side.
Where a property line can be defined both as a rear and a side property line, the property
owner may elect which definition to apply for purposes of setback requirements, provided
election of the side or rear property line does not create a new nonconformity or increase an
existing nonconformity.
Attachment A
Chapter 20.23
Bulk Development Standards
Sections:
20.23.010 Purpose.
20.23.020 Structural coverage and impervious surface standards.
20.23.030 Calculating structural coverage.
20.23.040 R-20, R-30 and SR-30 structural coverage bonus.
20.23.050 Maximum building and structure height standards.
20.23.060 Measuring building and structure height.
20.23.070 Building and structure height exceptions.
20.23.080 Determining original grade.
20.23.010 Purpose.
This chapter establishes the development standards applicable to the mass of buildings and
structures including height, structural coverage and impervious surface.
20.23.020 Structural coverage and impervious surface standards.
A. Table 20.23.020(A) establishes the total structural coverage and total impervious surface
allowed on a lot within the R-16 zone:
Table 20.23.020(A)
R-16 Zone Total Structural Coverage and Impervious Surface Standards
Square footage of
the lot Area
Maximum Structural
Coverage
Maximum Impervious
Surface
10,000 or less 30 percent 55 percent
10,001 to 10,500 29.58 percent 55 percent
10,501 to 11,000 29.17 percent 55 percent
11,001 to 11,500 28.75 percent 55 percent
11,501 to 12,000 28.33 percent 55 percent
12,001 to 12,500 27.92 percent 55 percent
12,501 to 13,000 27.5 percent 55 percent
13,001 to 13,500 27.08 percent 55 percent
13,501 to 14,000 26.67 percent 55 percent
14,001 to 14,500 26.25 percent 55 percent
14,501 to 15,000 25.83 percent 55 percent
15,001 to 15,500 25.42 percent 55 percent
15,501 to 15,999 25.21 percent 55 percent
16,000 or greater 25 percent 55 percent
B. Table 20.23.020(B) establishes the total structural coverage and the total impervious
surface allowed on a lot within the R-20, R-30 and SR-30 zones:
Attachment A
Table 20.23.020(B)
R-20, R-30 and SR-30 Zones Total Structural Coverage and Impervious Surface
Standards
Square Footage of
the Lot Area
Maximum Structural
Coverage
Maximum Impervious Surface
R-20 Zone R-30/ SR-30 Zones
16,000 or less 25 percent 52.5 percent 50 percent
16,001 to 16,500 24.5 percent 52.5 percent 50 percent
16,501 to 17,000 24 percent 52.5 percent 50 percent
17,001 to 17,500 23.5 percent 52.5 percent 50 percent
17,501 to 18,000 23 percent 52.5 percent 50 percent
18,001 to 18,500 22.5 percent 52.5 percent 50 percent
18,501 to 19,000 22 percent 52.5 percent 50 percent
19,001 to 19,500 21.5 percent 52.5 percent 50 percent
19,501 or greater 21 percent 52.5 percent 50 percent
C. The total maximum structural coverage and impervious surface area allowed on a lot
within the Parks and Public Places and the Neighborhood Auto zones shall be pursuant
to the special use provisions specified for uses within those zones. However, where
structural coverage or impervious surface maximums are not specified under the special
use provisions, the structural coverage and impervious surface area maximum for the R-
20 zone in Table 20.23.020(A) shall apply as applicable.
D. The maximum structural coverage and maximum impervious surface area allowed on a
lot is determined by multiplying the square footage of the lot area by the corresponding
structural coverage and impervious surface area maximum percentages specified in
Tables 20.23.020(A) and (B) for the zone in which the lot is located. (e.g., a 16,000
square foot lot zoned R-16 may have a maximum of 4,000 square feet (16,000 X 0.25 =
4,000) structural coverage and 8,800 square feet (16,000 X 0.55 = 8,800) impervious
surface area per Table 20.23.020(A)).
20.23.030 Calculating Structural Coverage.
A. Structural coverage is the total surface area of a lot covered by or beneath buildings and
structures including but not limited to buildings, roof eaves, patios, decks, sports courts,
swimming pools and spas, gazebos, gateways, and trellises.
B. The maximum structural coverage and maximum impervious surface area allowed on a
lot is determined by multiplying the square footage of the lot area by the applicable
percentages specified in Tables in MMC 20.23.020(A) and (B) for the zone in which the
lot is located.
C. When calculating the structural coverage on a lot, the following are excluded from the
structural coverage limits:
1. Any pervious surface areas beneath roof eaves such as areas with living vegetation,
but not including areas with pervious surfaces containing gravel, rocks or other
similar hardscape materials wherever such materials cover more than 25 percent of
the area directly below the roof eaves;
2. Areas beneath the roof eaves containing water features;
3. Areas beneath the roof eaves containing driveway surface that provides access to a
non-pedestrian garage door entrance provided:
a. The roof eave does not project more than two feet from the exterior wall of the
building; and
Attachment A
b. The driveway surface area not counted as structural coverage does not extend
more than two feet in each direction horizontally from the outer edges of the
garage door;
4. Uncovered structures, including, but not limited to, decks, patios, stairs and
walkways where the height of the uncovered structure does not exceed 30 inches
above the existing or finished grade, whichever is lower;
5. Structures located waterward of the ordinary high water mark as defined in RCW
90.58.030 and the Medina Shoreline Master Program;
6. Fences and walls where the greatest width dimension of the fence or wall, including
any features that are part of the wall or fence, does not exceed one foot (12 inches);
7. Retaining walls where the greatest width dimension of the structure, excluding
underground foundation footings, does not exceed one foot (12 inches);
8. Garden-type structures, such as gazebos, arbors, bowers, pergolas, trellises and
similar structures, provided the aggregate footprint of all such garden-type structures
do not exceed one percent of the lot area; and
9. Structures placed entirely underneath the existing grade of the earth surface of the
lot provided:
a. No part of the underground structure protrudes above the ground surface of the
finished grade, except:
i. Decks, patios, and walkways that are over the underground structure and for
which the height of such structures does not exceed 30 inches above the
existing or finished grade, whichever is lower; and
ii. Openings in the ground surface that are necessary to provide ingress and
egress to the underground structure and where such openings are the
minimum necessary to provide ingress and egress;
b. Provisions for impervious surface area continue to apply.
20.23.040 R-20, R-30 and SR-30 structural coverage bonus.
Lots located within the R-20, R-30 and SR-30 zones are allowed an additional two percent
structural coverage for uncovered decks, porches and verandas provided:
A. Roof eaves do not project more than two feet over the structure measured outward from
the exterior wall of the building; and
B. If decks, porches or verandas extend outward from above the first story of a building or
from the floor above the day-lighted parts of a basement, the space underneath the
structure must remain unenclosed and without hardscape.
20.23.050 Maximum building and structure height standards.
A. Application of maximum height standards.
1. Table 20.23.050(A) establishes the maximum height standards for buildings and
structures within each zone.
2. Areas not identified in Table 20.23.050(A) are subject to the height standards
specified for the R-20/ R-30 zone.
3. Where Table 20.23.050(A) specifies eligibility for a height bonus, a property owner
may elect to apply the height standards in MMC 20.23.050(C) in lieu of the height
standards in Table 20.23.050(A) provided that:
a. The total structural coverage on the lot does not exceed 13 percent, excluding
the structural coverage bonus set forth in MMC 20.23.040; or
b. If the lot area is 16,000 square feet or less, the total structural coverage on the lot
does not exceed 17 ½ percent, excluding the structural coverage bonus set forth
in MMC 20.23.040.
Attachment A
Table 20.23.050(A): Maximum Height Standards
Measurement
Points
Zoning / Height Overlay Maximum Height
R-16 R-20/ R-30 SR-30 N-A Public Medina
Heights
Original
Grade
High Point 25 feet N/A* N/A* None None N/A*
Low Point 25 feet 25 feet 20 feet
Finished
Grade
High Point 28 feet N/A* N/A* 30 feet 35 feet N/A*
Low Point 28 feet 28 feet 23 feet
Eligible for Height
Bonus No Yes Yes No No No
Not applicable.
B. Maximum height is determined by the zone or height overlay where the building or
structures is located and the corresponding unit of height specified for original and
finished grade prescribed in the tables.
C. A property owner electing to apply the height bonus allowed pursuant to MMC
20.23.050(A)(3) shall apply the height limits specified in Table 20.23.050(C).
Table 20.23.050(C): Bonus Height Standard
Measurement Points Maximum Height
Original
Grade
High Point 30 feet
Low Point 36 feet
Finished
Grade
High Point 30 feet
Low Point 36 feet
D. The methods for measuring the height of buildings and structures are set forth in MMC
20.23.060.
E. Exemptions from maximum height requirements are set forth in MMC 20.23.070.
20.23.060 Measuring building and structure height.
This section establishes methods required for applying height standards and is applied in
conjunction with the height standards prescribed in MMC 20.23.050.
A. Where multiple buildings and structures are located on the same lot, and are detached
from each other, the height of each building or structure shall be measured
independently from the others, except:
1. Excluding trellises, arbors and similar open structures, if the distance between any
buildings and/ or structures are less than six feet, the buildings and structures that
are less than six feet apart shall be considered attached for purposes of measuring
height;
2. If buildings are connected by a breezeway or similar types of structures, the buildings
shall be considered attached for purposes of measuring height.
B. In the R-16 zone, height shall be measured as shown in Figure 20.23.060(B) and as set
forth in the following procedures:
1. The original grade shall be established as set forth in MMC 20.23.080;
2. The base for measuring height shall be established as follows:
a. Base elevations shall be taken at four points where the outside of the exterior
walls/ sides of the building or structure intersect the following:
i. The lowest point of the original grade;
ii. The highest point of the original grade;
iii. The lowest point of finished grade; and
Attachment A
iv. The highest point of finished grade;
b. The lower grade between original and finished grade shall be used for measuring
height, which is determined as follows:
i. Starting at the two highest original and finished grade elevations determined
under MMC 20.23.060(B)(2)(a)(ii) and (iv), a vertical line shall be extended by
the applicable maximum height prescribed in Table 20.23.050(A);
ii. The grade (original or finished) whose vertical line has the lower upper
elevation (measured from a zero-elevation surface) shall be designated the
lower grade” to be used for measuring height;
3. Maximum height shall be measured by extending a vertical line from the lowest and
highest base elevations established in MMC 20.23.060(B)(2)(a) of the lower grade by
the distance of the applicable maximum height prescribed in Table 20.23.050(A);
4. Maximum height shall be a plane essentially parallel to the lower grade drawn by a
line intersecting the upper elevation of the two vertical lines extending from the lower
grade;
5. An additional height limitation shall apply to buildings and structures on sloping
grades established as follows:
a. A vertical line shall be extended a distance of 36 feet from the lowest point of
original grade ascertained in MMC 20.23.060(B)(2)(a)(i);
b. A horizontal plane shall be extended perpendicular from the top of the 36-foot
vertical line;
6. The maximum height envelope shall be the area between the lower grade and the
two height planes established in this section and shown in Figure 20.23.060(B);
7. No part of the building or structure, including roof lines, shall protrude above the
maximum height envelope, except as allowed otherwise by law.
8. See MMC 20.23.060(E) for establishing height plane parameters, MMC 20.23.060(F)
for establishing the orientation of the height plane, and MMC 20.23.060(G) for height
calculation exemptions.
Figure 20.23.060(B): R-16 Height Measurements
Original Grade
Finished Grade
Original/
Finished Grade
Low Points
Original/
Finished Grade
High Points
Horizontal Height Plane
Perpendicular to Top of
36-foot Vertical Line)
28-foot Finished Grade Height
25-foot Original Grade Height
Maximum Height Envelope
Essentially Parallel Plane (Intersects
Upper Elevation of Low and High
Vertical Lines of Lower Grade)
25-foot Original
Grade Height
36 feet
Lower Grade
Vertical Line
Original/ Finished
Grade Vertical Lines
Attachment A
C. In the R-20, R-30, and SR-30 zones (except where the bonus height standards in Table
20.23.050(C) are used) and in the Medina Heights Overlay, height shall be measured as
shown in Figure 20.23.060(C) and as set forth in the following procedures:
1. The original grade shall be established as set forth in MMC 20.23.080;
2. The base elevation for measuring height shall be taken at two points where the
outside of the exterior walls/ sides of the build or structure intersect the following:
a. The lowest point of original grade;
b. The lowest point of finished grade;
3. Starting at the two base elevation points ascertained under MMC 20.23.060(C)(2), a
vertical line shall be extended by the distance of the applicable maximum height
prescribed in Table 20.23.050(A);
4. The grade (original or finished) and corresponding vertical line established under
MMC 20.23.060(C)(3) that has the lower upper elevation (measured from a zero-
elevation surface) shall be used to measure maximum height;
5. Maximum height shall be a horizontal plane interesting the upper elevation of the
vertical line established in MMC 20.23.060(C)(4) for measuring maximum height and
shall be perpendicular to the same vertical line as shown in Figure 20.23.060(C);
6. The maximum height envelope shall be the area between the applicable grade
original or finished) and the horizontal height plane established in this section and
shown in Figure 20.23.060(C);
7. No part of the building or structure, including roof lines, shall protrude above the
maximum height envelope, except as allowed otherwise by law;
8. See MMC 20.23.060(E) for establishing the height plane parameter and MMC
20.23.060(G) for height calculation exemptions.
Figure 20.23.060(C): R-20, R-30, SR-30, & Medina Heights, Height Measurements
Original/
Finished Grade
Low Points
25-foot or 20-foot Original
Grade Height
28-foot or 23-foot Finished
Grade Height
Original Grade
Finished Grade
Horizontal Height Plane
Perpendicular to Lowest Upper
Elevation of Vertical Lines)
Maximum Height Envelope
Original/
Finished Grade
Vertical Lines
Attachment A
D. Where the bonus height standards in Table 20.23.050(C) are used, height shall be
measured as shown in Figure 20.23.060(D) and as set forth in the following procedures:
1. The original grade shall be established as set forth in MMC 20.23.080;
2. The base elevation for measuring height shall be taken at four points where the
outside of the exterior walls/ sides of the building or structure intersect the following:
a. The lowest point of the original grade;
b. The highest point of the original grade;
c. The lowest point of finished grade; and
d. The highest point of finished grade;
3. Starting at the four base elevation points ascertained under 20.23.060(D)(2), a
vertical line shall be extended by the distance of the applicable maximum height
prescribed in Table 20.23.050(C);
4. The grade (original or finished) and corresponding vertical line established under
MMC 20.23.060(D)(3) that has the lower upper elevation (measured from a zero-
elevation surface) shall be used to measure maximum height;
5. Maximum height shall be a horizontal plane intersecting the upper elevation of the
vertical line established in MMC 20.23.060(D)(4) for measuring maximum height and
shall be perpendicular to the same vertical line as shown in Figure 20.23.060(D);
6. The maximum height envelope shall be the area between the applicable grade
original or finished) and the horizontal height plane established in this section and
shown in Figure 20.23.060(C);
7. No part of the building or structure, including roof lines, shall protrude above the
maximum height envelope, except as allowed otherwise by law;
8. See MMC 20.23.060(E) for establishing the height plane parameter and MMC
20.23.060(G) for height calculation exemptions.
Figure 20.23.060(D): Bonus Height Measurements
30-foot Finished Grade Height
30-foot Original Grade Height
Original Grade
Finished Grade
36-foot Finished Grade Height
36-foot Original Grade Height
Original/
Finished Grade
Low Points
Original/
Finished Grade
High Points
Horizontal Height Plane
Perpendicular to Lowest Upper
Elevation of Vertical Lines)
Maximum Height Envelope
Original/
Finished Grade
Vertical Lines
Original/ Finished Grade
Vertical Lines
Attachment A
E. The parameters of a maximum height plane shall be parallel to a parameter created by
the smallest rectangle that can be drawn around the footprint of the building or structure.
See Figure 20.23.060(E).
Figure 20.23.060(E): Height Plane Parameters
F. Where a building or structure is placed within the R-16 zone on a slope, the property
owner may elect for the slant of the essentially parallel height plane to be in the direction
of either:
1. The front façade of the building where the primary entrance of the building is located;
or
2. The building façade facing a public street or private lane.
3. Figure 20.23.060(F) provides further direction on determining the orientation of the
height plane slant.
Figure 20.23.060(F) Direction of Slant for Essentially Parallel Height Plane
Height Plane
Smallest rectangle around the building
footprint
Maximum Height Plane
Building Footprint
Height Parameter
Street
Low
Point
High
Point
Direction
of Height
Plane
Slant
Direction of Height
Plane Slant
Front
Facade
High
Point
Low
Point
BuildingBuilding
Attachment A
G. The following shall be excluded as part of the outside exterior wall/ side of a building or
structure for purposes of measuring height:
1. Walls adjoining window wells where the area inside of the window well does not
exceed 15 square feet of open surface area;
2. Attached structures (e.g., uncovered decks, porches, steps, etc.), not exceeding 30
inches above original or finished grade, whichever, is lower
3. Uncovered decks, porches, and verandas not qualifying for the exemption in MMC
20.23.060(G)(2) where the space below the structure is not enclosed and not more
than 25 percent of the ground surface below the structure is hardscape; and
4. Areas under roof eaves and areas under balconies provided they extend 24 inches
or less from the exterior wall.
20.23.070 Building and structure height exceptions.
The following are exempt from the height standards in MMC 20.23.050:
A. Spires, belfries and domes of religious facilities not intended for human occupancy
provided the height is approved as part of the Non-administrative Special Use Permit for
the religious facility;
B. Flag poles, provided the pole does not exceed:
1. A height of 45 feet above the existing grade; and
2. A width of 12 inches diameter at the widest point of the pole;
C. Chimneys, chase, mechanical equipment, vents or other essential building elements
required by the building codes provided:
1. The structure or equipment does not project more than three feet above the
maximum height otherwise allowed on the lot;
2. The structure or equipment does not exceed five feet in horizontal width above the
maximum height otherwise allowed on the lot;
D. Wireless communication facilities approved pursuant to Chapter 20.37 MMC; and
E. Exceptions specifically granted elsewhere in the Medina Municipal Code.
20.23.080 Determining Original Grade.
The following outlines the general procedures to establish the original grade on a lot. These
procedures may be administratively modified by the Director pursuant to MMC 20.23.080(H)
on a case-by-case basis to fit unique circumstances.
A. The placement of proposed exterior walls/ sides of the building/ structure on the lot is
identified first and these locations are marked on the property. It is preferred, but not
required, that a surveyor stake the proposed exterior wall corners of the building or
structure.
B. A soils expert shall conduct a preliminary investigation of the soils along the parameters
of the proposed exterior walls/sides to determine the elevations of the original grade:
1. The investigation should include exploring and testing a reasonable number of test
pits to substantiate the findings of the soils expert; and
2. Based on the findings of the soil investigation, the soils expert shall determine an
assumption of the original grade underneath the entire building or structure.
C. A surveyor shall set the vertical elevations of the applicable low and high base points
required to measure height using the assumption of original grade by the soils expert;
Attachment A
Figure 20.23.080 Assumption of Original Grade
D. A written report of the assumption of original grade shall be prepared by the soil expert
for submission to the City. The content of the report shall at a minimum include the
following:
1. The applicant’s and property owner’s name and contact information;
2. Project location (include parcel number);
3. Written narrative regarding the scope of work for which the original grade
determination is being made;
4. The name and qualification of the persons preparing the report;
5. Written narrative of the investigation and findings;
6. A site plan showing:
a. An outline of the footprint of the building or structure on the lot;
b. The locations of the test pits where the soil exploration was performed;
c. The location and vertical elevation of the assumed high and low base points of
the original grade, as applicable, for measuring height; and
d. Topographical information including contour intervals of five feet or less, as
appropriate; and
7. Other pertinent information determined to be necessary by the Director in supporting
an original grade determination.
E. The applicant must obtain approval from the City for an assumption of original grade
determination. An approved assumption of original grade report shall be used in
determining plan review compliance with height standards prior to issuing construction
permits.
F. After excavation work has exposed the soils where the proposed building or structure
will be located, the soils expert shall re-investigate the soils to determine if the
assumption of original grade is valid. Findings from the soils expert’s re-investigation
shall be transmitted to the City.
G. If the assumption of original grade is incorrect, a corrected original grade determination
with a surveyor’s new set of vertical elevations shall be provided to the City.
H. The Director may approve modifications to these procedures if:
1. The modification is evaluated and applied on a case-by-case basis;
2. The modification is to address a unique circumstance on the property such as an
inability to conduct site investigation due to existing buildings and structures;
3. Modifications are based on accepted methods and/ or practices found within the soils
expert’s profession;
4. The applicant requests the modification in writing to the Director and provides
justification for the modification; and
5. The modification is processed as a Type 1 decision pursuant to the review
procedures in Chapter 20.80 MMC.
Building Corner Stakes
Low Point
Test Pits
High Point
Exterior Wall/ Side
Elevation Contours
Attachment A
Subtitle 20.3
Special Development Standards
Chapter 20.30
City-wide Uses
Sections:
20.30.010 Fences, walls and gates.
20.30.020 Signs.
20.30.030 Reconstruction, remodeling, expansion of non-residential uses.
20.30.040 Works of art.
20.30.050 Residential off-street parking.
20.30.010 Fences, walls and gates.
A. General Provisions.
1. Fences, walls and gates may be located within a setback area provided the fence,
wall or gate does not exceed the maximum height requirements set forth in MMC
20.30.010(B). Walls, as referred to in this chapter, include freestanding walls,
retaining walls, rockeries and similar types of structures.
2. Fences, walls and gates shall be located entirely inside the property lines of a lot,
unless both property owners agree the wall or fence may be placed on a common
property line.
3. The property owner is responsible for confirming all fences, walls and/or gates are
placed inside the property lines on their property.
4. Gates located near an opened street right-of-way shall be setback from the edge of
the pavement pursuant to MMC 20.40.125.
5. All lighting devices shall be subject to the height limitations prescribed by this
section.
6. Where a permit is required pursuant to MMC 20.30.010(G), the City may require the
property owner to have a land survey performed to identify the property boundaries
if:
a. The fence, wall or gate is adjacent to a street right-of -way; or
b. In the opinion of the Director, it is not clear the proposed fence or wall is located
entirely within the property lines on the owner’s property.
B. Height (see Figures 20.30.010(B)(1), (2) and (D)).
1. The maximum height of a fence, wall, combination of fence and wall, or gate shall
not exceed four feet if the structure is located:
a. Within a horizontal distance of five feet from a front property line that adjoins a
public street not designated as a collector or minor arterial street pursuant to
Chapter 10.08 MMC; and
b. Within a horizontal distance of five feet from any property line that intersects a
front property line that adjoins a public street as described in MMC
20.30.010(B)(1)(a) and extending 30 feet from the front property line.
2. Except as provided in MMC 20.30.010(B)(1), the maximum height of a fence, wall,
combination of fence and wall, or gate shall not exceed six feet in all other setback
areas.
3. Fences, walls and gates not located within setback areas may be constructed to the
height limitations of other buildings and structures in the same zone.
4. For purposes of the height maximums set forth in this section, height shall be
measured at the exterior side of the fence or wall facing outward from the property,
Attachment A
from the lower of the existing or finished grade to the highest point of the fence or
wall (including any light fixtures, caps, or other objects mounted on the top of the
fence or wall.
5. Fences and walls shall be considered combined for the purpose of measuring height
where the horizontal separation is five feet or less between the closest points of the
fence and wall; except, if a property line is located between the fence and wall, the
fence and wall shall not be considered combined. These requirements shall also
apply to gates and walls.
Figure 20.30.010(B)(1) Height Limits for Fences and Walls
Figure 20.30.010(B)(2) Measuring Fence/ Wall Height
Height Measurement Combined Height Measurement Not Combined
30-foot
Front Property Line
5-foot
Intersecting
Property Line
4-foot Maximum Height
Area (where applicable)
6-foot Maximum Height in
Setback Areas
X > 5 footX 5 foot
Fence/ Wall
Exterior Side Lower of Existing or
Finished Grade
Height
Highest Point (includes
post/ cap/ light)
Fence/
Wall
Fence/
Wall
Wall Wall
Height
Height
Height
Lower Grade Lower Grade
Attachment A
C. Fence and wall height exception. The placement of a guard rail on top of a retaining wall
may exceed the maximum height for fences and walls by up to four feet provided:
A. The building official determines a guard rail is required pursuant to the building codes
set forth in Chapter 20.40 MMC; and
B. The solid component parts of the guard rail are evenly distributed and cover no more
than 50 percent of the total surface area of the side elevation of the guard rail.
D. Limitations.
1. The following are prohibited:
a. The use of barbed wire with a fence or wall;
b. Electric fences; and
c. Chain-link fences located within five feet of a property line that adjoins a public
street designated as a collector or minor arterial street pursuant to Chapter 10.08
MMC.
2. No person may construct a berm upon which to build a fence, wall or combination of
a fence and wall, unless the total height of the berm plus the fence or wall does not
exceed the maximum height allowable for the fence or wall if the berm was not
present. (See Figure 20.30.010(D).)
3. No gate or portion thereof shall be located within any public right-of-way or any
easement for a private lane or private lane turnaround.
Figure 20.30.010(D) Fence/ Wall with Berm
Height Measurement Combined
E. Appearance. The more completely detailed or finished side of a fence or wall shall face
outward from the property on which the fence or wall is located, except joint projects
may have the more finished side oriented as agreed to between the two property
owners.
F. Bulkheads. The design and construction of a bulkhead shall be in compliance with the
requirements of the building code and the Medina Shoreline Master Program.
G. Permits. A building permit is required to be obtained from the City prior to construction
or repair of a fence, wall or gate, unless exempt pursuant to MMC 20.40.050.
H. Requirement for gates.
1. Every gate blocking vehicular access to a residence must have a “KNOX Box” or
similar device approved by the fire marshal and chief of police allowing access to
emergency vehicles and personnel. In addition, each gate which relies on electricity
to open the locking mechanism or the gate itself must have a manual release
mechanism which is activated by a power failure, or another method of assuring
entry in event of a power failure, which is approved by the fire marshal and the chief
of police.
2. Gates and barriers associated with fire apparatus access roads shall meet the
requirements in MMC 20.40.125.
Fence/
Wall
Berm
Height
Attachment A
20.30.020 Signs
A. No sign or signs of any kind shall be erected and/or displayed or maintained within the
City except as provided in this section.
B. The following signs or displays are exempt from the requirements of this section:
1. Signs or notices required by federal or state statutes or regulations;
2. Informational or warning signs in the nature of “telephone,” “restrooms,” “danger,” “no
parking,” “private,” “cashier,” “refreshments,” and other informational or warning
signs, which may not exceed two square feet in sign area;
3. Signs attached to product dispensers or product display apparatus, which do not
exceed two square feet in sign area;
4. Window posters in a business establishment that do not exceed six square feet in
sign area each, or two in number per establishment;
5. Signs designating owner’s name, address, emergency telephone, business hours, or
open” or “closed”; provided, however, that such signs shall not exceed two square
feet in sign area.
C. Subdivision and neighborhood signs. In a subdivided area or neighborhood involving
eight or more homes, one freestanding permanent sign may be erected for the purpose
of identifying the subdivision or neighborhood.
1. Temporary subdivision or neighborhood signs are prohibited.
2. Subdivision and/or neighborhood signs shall contain the name of the plat,
subdivision or neighborhood only.
3. Subdivision and/or neighborhood signs shall be placed only on private property at or
near the main point of entry for vehicles to the subdivision or neighborhood, except
that such a sign may be placed in the unpaved portion of City street right-of-way
pursuant to Chapter 12.32 MMC, on such terms and conditions as the City deems
appropriate.
4. Subdivision and/or neighborhood signs shall be constructed of wood or natural
stone, or a combination thereof (exclusive of fastening, pipes, etc., used to attach the
sign to the ground or its base) provided:
a. The sign area does not exceeding 12 square feet;
b. The height of the sign does not exceed four feet, measured at the highest point
of the sign from the lowest point of the natural existing grade directly below the
sign or any part thereof.
5. Subdivision or neighborhood signs shall be maintained in good condition and repair
at all times. If such signs are not properly maintained the City may, upon 30 days’
written notification by the City or its authorized representative or employee to the
owner of the property underlying the sign, or to the owner of the adjacent property if
the sign is located in a City right-of-way, repair or remove the signs at the expense of
the owner. If the costs incurred by the City to repair or remove the sign are not paid
within 30 days of presentation of an invoice to the property owner or resident of the
subject property, the City may file a lien on the property which may be foreclosed as
a mortgage to recover such costs, plus costs and attorneys’ fees.
6. Subdivision and neighborhood signs shall not contain any advertising, phone
number, name of developer, architect or other person or entity.
7. Subdivision or neighborhood signs may not be affixed to any building, garage, fence
or other structure incidental to a residential dwelling.
8. Subdivision or neighborhood signs shall not be placed closer than five feet to any
paved portion of a public right-of-way as measured at the closest point.
9. Illuminated subdivision or neighborhood signs are prohibited whether illuminated
internally or otherwise.
Attachment A
10. No permanent subdivision or neighborhood sign permitted under this subsection
shall be erected without first obtaining a Non-administrative Conditional Use Permit.
D. Political signs.
1. Political signs may be placed on private property or in the street right-of-way with
permission of the abutting property owner. The owner thereof shall be responsible for
removal of the signs within 48 hours following the election to which they pertain.
2. Political signs must comply with the provisions of RCW 42.17.510 and any other
state statutes or regulations regulating campaign advertising as they may be enacted
or amended from time to time.
3. Political signs must be temporary signs and the area of any sign may not exceed four
square feet.
4. No permit is required for a political sign otherwise complying with this section.
E. Residents’ signs.
1. Any permanent sign which contains no more than the name and/or address of the
owner or tenant of a residential dwelling shall be allowed. No such sign or signs
shall be larger than two square feet in sign area for each residential dwelling unit.
a. Residents’ permanent signs for homes served by private lanes may be combined
into a single sign of not more than eight square feet in sign area adjacent to the
main vehicular entrance to the residences from a City street or right-of-way
provided:
i. The total square footage of the sign area shall not exceed one square foot for
each residence served by the private lane; and
ii. Two or more separate signs erected on one or more common poles or
mountings shall be considered one sign.
b. Signs of a safety or traffic-control nature may be erected immediately adjacent to
private lanes provided:
i. No such sign shall exceed three square feet in sign area; and
ii. No such sign may be erected on another person’s property without
permission; and
iii. Two or more common poles or mountings shall be considered one sign.
c. A “No Trespassing,” “No Peddlers” or “No Soliciting” sign may be placed on
private property or in the street right-of-way by the owner of the abutting property.
No such sign shall exceed one square foot in sign area.
2. Residents’ temporary signs.
a. Residents of a dwelling unit may erect a single temporary sign in connection with
a garage sale or similar event provided,
i. The sign does not exceeding six square feet in sign area;
ii. The sign is located immediately adjacent to the vehicular entrance to the
resident’s dwelling; and
iii. The sign is erected only when the garage sale or similar event is actually in
progress and attended, and is removed between the hours of 6:00 p.m. and
8:00 a.m.
b. Residents of a dwelling unit may erect three off-site temporary signs in
connection with a garage sale or similar event provided:
i. Each sign does not exceeding two square feet in sign area;
ii. The signs are utilized during the same period as MMC 20.30.020(D)(2)(a)(iii);
iii. Any such signs placed on private property are done so with the consent of
the owner; and
iv. Any such signs placed in the street right-of-way do not create a vehicle safety
or other hazard.
3. No permit is required for residents’ signs otherwise complying with this subsection.
Attachment A
F. Commercial signs.
1. Commercial signs shall not be permitted in the City except as hereinafter provided.
2. Moving signs and sign structures, animated signs, whirligigs, pennants, flashing lights
and flags (other than two government flags) are prohibited.
G. Commercial Signs for Business Establishments. Each business establishment permitted
by applicable zoning regulations and licenses to conduct business in the City may erect
signs only as follows:
1. Only one permanent sign identifying such business shall be permitted for each public
street frontage.
2. Size, location and illumination of such permanent signs are limited as follows:
a. No more than one-half square foot of sign area for each lineal foot measured
along the property line adjoining the public street, not to exceed 24 square feet;
b. Not be placed in any street right-of-way;
c. Not exceeding 25 feet in height; and
d. Illuminated only by a steady light source and during hours when service is
offered; any illumination, including that of buildings, to be such as present no
glaring light source to passing vehicular traffic or neighboring property zoned for
residential use.
3. No signs are permitted for home occupations.
4. One temporary sign not exceeding four feet in height from the ground and three feet
in width shall be permitted for each street fronted.
5. No permanent commercial sign permitted under this subsection shall be erected
without first obtaining a Non-administrative Conditional Use Permit. No permit is
required for temporary commercial signs otherwise complying with this subsection.
6. No temporary commercial sign shall be placed in any public right-of-way where it will
interfere with the free passage of vehicles or pedestrians.
H. Commercial Real Estate Signs.
1. No permanent commercial real estate signs are permitted within the City.
2. One temporary sign shall be allowed on each parcel, tract, lot, site or home, the
boundaries of which have previously been established as a matter of record in the
office of the King County auditor either by the filing of an approved plat or by any
method of real property conveyance from one party to another as authorized by the
laws of the state, for the purpose of advertising it for sale or rent. Such sign may be
located in the street right-of -way abutting the property being advertised provided:
a. The sign is at least ten feet from the edge of the pavement except as provided for
in MMC 20.30.020(H)(2)(c); and
b. The sign does not interfere with vehicular traffic or driver vision, impede
pedestrian traffic or otherwise present a safety hazard.
c. The Director may authorize a temporary commercial real estate sign to be
located within ten feet of the edge of the pavement, if the topography or
landscaping of the City street right-of-way or abutting property would otherwise
cause the sign to be significantly obscured from the street. Any such
authorization shall be in writing and shall specify the revised minimum distance
from the edge of the pavement.
3. Commercial real estate signs shall have dimensions no larger than four square feet
in sign area and shall be for the sole purpose of advertising the parcel, tract, lot, site
or home for rent or sale, which must be written for the sign.
a. The signs may contain the words “for rent” or “for sale,” and/or “exclusively,” the
name of the owner or of the listing real estate office and agent and telephone
numbers.
b. No additional information shall be allowed on the sign.
Attachment A
4. Commercial real estate signs must be removed within three days of the rental or the
closing of the sale of the property.
5. The top of the signs, including any structure and component parts shall be no more
than six feet above ground.
6. In the case of waterfront property, a second conforming sign will be allowed either at
the end of the dock or at the lakefront.
7. No more than two portable temporary signs bearing the words “open house” only
may be used while an open house is being conducted by the owner or his agent.
a. Each sign shall show the address of the property for sale.
b. Said signs are only allowed while the owner or his agent is present within the
residence, during daylight hours and on Saturdays and Sundays.
c. Said signs may be single-sided or double-sided; however, no side shall be larger
than 30 inches by 30 inches.
8. Signs not meeting the requirements of this subsection may be removed by the City
or its authorized representative or employee at the expense of the owner of the
underlying property or his agent. This shall be in addition to any penalty for erecting
a sign in violation of this section.
9. No permit is required for temporary commercial real estate signs otherwise
complying with this subsection.
10. In addition to signs otherwise allowed under this subsection, each parcel, tract, lot,
site or home which does not adjoin any public street and which can only be accessed
via a private lane shall be allowed one additional temporary sign for the purpose of
advertising it for sale or rent provided:
a. The dimensions of the sign are no larger than eight inches by 24 inches; and
b. The sign is placed on a single stake or post at or near the point at which said
private lane meets the City street right-of-way.
I. Signs for schools, churches and clubs.
1. Schools, churches and clubs may erect one freestanding permanent sign located on
their property, which shall conform to the construction size, height and maintenance
requirements, including the prohibition of sign illumination for subdivisions and
neighborhood signs set forth in MMC 20.30.020(C).
2. In addition, clubs shall be allowed one permanent off-site sign for directional
purposes and containing only the name of the club. Such sign shall not exceed eight
square feet in area, shall not be lighted, and may be erected only on private property,
with the consent of the owner, or a City street right-of-way, pursuant to Chapter
12.32 MMC.
3. No sign permitted under this subsection shall be erected without first obtaining a
Non-administrative Conditional Use Permit.
J. Municipal signs. Nothing in this section shall restrict the posting of signs by the City or
its authorized representatives for the safety, convenience or information of its citizens.
K. Miscellaneous provisions.
1. No signs shall be erected or maintained on parks, other public property or rights-of-
way, except as specifically permitted in this chapter. No sign shall be erected or
maintained on private property without the consent of the owner thereof.
2. No signs of any kind shall be posted on traffic or safety sign posts.
3. No signs may be placed in or on vehicles visible from any public property or right-of-
way, except one sign per vehicle, not exceeding one square foot, advertising such
vehicle for sale.
3. Temporary signs for community, religious or educational purposes may be erected
with the permission of the Director for a period not to exceed 15 days. Such signs
Attachment A
may not exceed 12 square feet in area and five in number. The permission of the
Director must be obtained in writing. No permit fee is required for such signs.
4. Applications for permanent signs shall include a photograph of each sign erected,
which the applicant shall file with the City within ten days following its erection.
L. Nonconforming signs.
This section shall not apply to permanent signs in place on or before June 1, 1989, and
erected in conformity with then-applicable ordinances and regulations, unless the user of
the sign wishes to change the location, shape, dimensions or content of this sign, or fails
to keep it in good repair; in such cases, the sign as changed must comply with the
applicable provisions of this chapter, including requirement that a permit be obtained;
provided all requirements for maintenance imposed by this chapter shall apply to
existing signs.
20.30.030 Reconstruction, remodeling, expansion of non-residential uses.
Existing non-residential uses requiring expansion, modification or rebuilding and exceeding
50 percent of the present value of the structure shall require obtaining a Non-administrative
Conditional Use Permit pursuant to MMC 20.72.010, unless the reconstruction, remodeling,
or expansion involves a use requiring a Non-administrative Special Use Permit, in which
case a Non-administrative Special Use Permit, or amendment thereto shall be required.
20.30.040 Works of art.
Works of art are not defined as accessory structures and are subject to all applicable
setback requirements of the Medina Municipal Code.
20.30.050 Residential off-street parking.
Off-street parking for each single-family dwelling shall be provided as follows:
A. If a lot has access from a street, a minimum of two onsite parking spaces is required;
B. If a lot has access from a private lane, onsite parking spaces shall be required as
follows:
1. The surface area of each parking space shall be at least 250 square feet; and
2. The minimum number of parking spaces shall be:
a. In the R-16 zoning district: three spaces;
b. In the R-20 zoning district: four spaces;
c. In the R-30 zoning district: five spaces;
3. Such off-street parking areas shall be separate and distinct from the easement or
turnaround required for the private lane;
C. Additional off-street parking spaces, which are not required, may be located on-site or
off-site as allowed in MMC 20.34.030; and
D. Parking areas shall not be located within setback areas, except as allowed otherwise by
law.
Attachment A
Chapter 20.31
Limited Uses
Sections:
20.31.010 Home business.
20.31.020 Adult family homes and family day care homes.
20.31.030 Manufactured homes and trailers.
20.31.040 Automobile-related service uses.
20.31.050 Commercial horticulture, truck gardening, and agriculture uses.
20.31.010 Home business.
A. Home businesses are permitted within a single-family dwelling and are limited to those
which are customarily incidental and secondary to the use of the dwelling as a
residence.
B. Storage of equipment, materials or any commodity for use in any home business,
including home businesses which are conducted on a site other than that where the
equipment, materials or commodities are stored, shall be considered a home business.
C. A home business is not allowed:
1. If any structure, in addition to normal residential structures common to the
neighborhood, is used for said home business; or
2. If more than one person is employed who is not a family member residing in the
residence; or
3. If any signs or commercial names are used or exhibited; or
4. Unless all employees, clients and family members are required to, and do at all
times, use off-street parking exclusively, and unless not more than two vehicles
owned and operated by employees and clients are allowed to be parked on the
premises at any time; and
5. If any equipment, materials or commodities which are stored for use in any home
business are visible from any public or private vantage point outside of the premises
on which said items are stored.
20.31.020 Adult family homes and family day care homes.
A. Adult family homes are a permitted use in any zone allowing a single-family dwelling
provided the adult family home complies with underlying zoning requirements and the
requirements set forth in Chapter 70.128 RCW.
B. Family day care homes are a permitted use in any zone allowing a single-family dwelling
provided they have obtained a permit for operation from the City. Permits shall be
issued by the City, at no cost, upon proof that the family day care home has obtained all
necessary licenses and approvals from the state to operate such a facility.
20.31.030 Manufactured homes and trailers.
A. Manufactured homes are permitted pursuant to RCW 35A.21.312 provided:
1. At the time of installation, the manufactured home is new;
2. The manufactured home is placed upon a permanent foundation, as specified by the
manufacture, and that the space from the bottom of the home to the ground be
enclosed by concrete or an approved concrete product which can be either load
bearing or decorative;
Attachment A
3. The manufactured home shall comply with all zoning requirements such as structural
coverage, lot area, setbacks, and height;
4. The manufactured home is thermally equivalent to the state energy code; and
5. The manufacture home meets all other requirements for a designated manufactured
home as defined in RCW 35.63.160.
B. Trailers for temporary occupancy. The owner of a parcel of land where no single-family
dwelling is situated may occupy one trailer as a temporary dwelling during the
construction of a new dwelling thereon provided:
1. A valid building permit for construction of a single-family dwelling has been issued
and a good faith effort is being made to start construction of said dwelling
immediately, and work is pursued with diligence;
2. The trailer is located in a manner so as to not in any way impede egress or ingress to
people traveling over joint roads or easements to other properties;
3. All City and state regulations relating to sanitation, garbage and trash disposal, water
and other utilities are met to the satisfaction of the City;
4. A Temporary Use Permit is issued pursuant to MMC 20.35.040; and
5. The trailer does not reduce the number of parking spaces below three required for
construction vehicles.
C. Construction trailers erected during the construction phase of a project are allowed
provided the trailer is removed prior to the completion of the project. Construction
trailers may be located within zoning setback areas provided they are screened from
abutting properties, however, they are not allowed within shoreline setback areas.
20.31.040 Automobile-related service uses.
This section establishes the development criteria that apply to automobile-related service
uses, including accessory uses.
A. The minimum setbacks for buildings and structures shall be as follows:
1. From front property lines: 30 feet;
2. From rear property lines: 30 feet;
3. From side property lines: 15 feet, except where the lot abuts a residentially zoned
property then the minimum setback shall be 30 feet.
B. Requirements for parking:
1. Minimum off-street parking shall be provided as follows:
a. One space for each employee on duty at any time; plus
b. One space for each 1,000 square feet of the gross floor area of the principle
building; and
c. Six spaces for vehicle storage, which may be covered or uncovered;
2. At least one additional off-street parking space per building shall be provided and
designated as a load/ unload area;
3. Design standards for parking spaces:
a. Spaces may be covered or uncovered;
b. Minimum 250 square feet of surface area per parking space;
c. Spaces shall be improved with an all-weather surface such as asphalt or
concrete, but not gravel, and shall include facilities for surface water runoff;
d. Spaces shall be arranged and marked in a manner that does not impede access
to the lot.
C. Minimum landscaping and screening requirements:
1. Where the automobile-related service use abuts along residentially zoned property,
either a six-foot in height fence, or minimum four-foot in height vegetative hedge
Attachment A
shall be provided that creates a sight-obscuring screen from the abutting residential
lots;
2. Where the automobile-related service use abuts public street right-of-way, the
following shall apply:
a. At least 30 percent of the frontage abutting the street shall be vegetated with
plantings including shrubs and undergrowth plantings; and
b. The height of the vegetation shall be maintained in a manner that does not
obscure clear views for traffic safety.
D. Access requirements:
1. Access to an automobile-related services use shall be restricted to marked
driveways at locations approved by the City engineer as appropriate to ensure safe
and efficient traffic movement;
2. Driveway entrances shall not exceed 35 feet in width for each 60 feet of street
frontage.
E. Allowances for signage shall be pursuant to MMC 20.30.020.
F. Automobile storage is allowed provided that:
1. The use is accessory to a principle automobile-related serve use on the same lot;
2. The number of motor vehicles parked on the property shall be limited to what can be
accommodated under cover or in marked off-street parking, or loading spaces;
3. No motor vehicle shall be parked that is:
a. Exposed in a partly disassembled or significantly damaged condition;
b. Exposed for more than 30 days unless the exposure time is interrupted by
periods of at least ten consecutive days; and
c. Parked, including trailers, for display to sell, rent, or as a prize.
G. Operation and displays shall meet the following requirements:
1. All operation and displays, including those of merchandise, shall be within an
approved structure, except those directly required to dispense gasoline, water, air, and
motor oil;
2. No accumulation of tires or other automotive materials outside approved structures is
permitted; and
3. Trade-inducing prizes shall be deemed merchandise.
20.31.050 Commercial horticulture, truck gardening, and agriculture uses.
This section establishes the development criteria that apply to commercial horticulture, truck
gardening and agriculture uses, including accessory uses.
A. Structures may include, but are not limited to such uses as hot houses, greenhouses,
storage sheds, heating plants, and similar accessory uses associated with horticulture,
truck gardening, and agriculture uses.
B. Agriculture uses shall exclude the raising of animals.
C. Any retail sales activity arising out of the commercial horticulture, truck gardening and
agriculture uses shall be limited to the sale of products, in season, grown upon the
property.
Attachment A
Chapter 20.32
Special Uses
Sections:
20.32.010 General Provisions.
20.32.020 Religious Facilities.
20.32.030 Schools.
20.32.040 Electrical power and utility substations.
20.32.050 Clubhouse – Public and Private.
20.32.060 Satellite receiving systems.
20.32.070 Golf course.
20.32.080 Special planning areas.
20.32.010 General Provisions.
A. This chapter establishes special development standards that apply to specific uses that
are designated as special uses.
B. The special development standards prescribed by this chapter shall be applied in
conjunction with other development regulations applicable to the property.
C. Where this chapter imposes a requirement that differs from the same development
standard found elsewhere in this title, the requirement set forth in this chapter shall
prevail.
20.32.020 Religious Facilities.
This section establishes the development criteria that apply to religious facilities, including
accessory uses.
A. The minimum lot area for the religious facilities use is three acres.
B. Minimum setbacks:
1. The setback for all parts of a building housing a religious facilities use, including
attached structures, shall be at least 50 feet from all property lines;
2. The setback for all other detached buildings and structures, excluding towers used
for religious purposes and domes not intended for human occupancy, shall be the
same as those set forth for the zone in Table 20.22.030;
3. Towers used for religious purposes and domes not intended for human occupancy
shall be setback from all property lines a distance of at least twice the height
distance of the tower.
C. Maximum height:
1. The height of all buildings and structures on the lot, excluding towers for religious
purposes and domes not intended for human occupancy, shall not exceed 35 feet
using the same method of measuring height as set forth in MMC 20.23.070(C),
except the measurement of height shall be taken from the low point of the existing
grade; and
2. The maximum height of towers for religious purposes and domes not intended for
human occupancy, including spires and belfries, shall be based on the setback
distance set forth in MMC 20.32.020(B)(3).
D. Maximum structural coverage and impervious surface area:
1. Total structural coverage on the lot shall not exceed 35 percent of the lot area; and
2. Total impervious surface area on the lot shall not exceed 52½ percent of the lot area.
Attachment A
E. Landscaping: a sight-obscuring vegetative buffer consisting of trees, shrubs and other
vegetation shall be installed and maintained along property lines adjoining residentially
zoned properties.
F. Parking: Off-street parking spaces shall be provided at a minimum of one space for
every 50 square feet of gross assembly floor area, as assembly occupancy is defined by
the building code, plus one space for every 300 square feet of gross office floor area, as
office occupancy is defined by the building code.
G. Access requirements:
1. Ingress and egress of the site shall be by separate entry and exit access ways,
which must be approved by the City Engineer; and
2. Where the lot fronts on more than one street, the entry and exit access ways shall be
located on the lesser traveled street.
H. The approval criteria for a Non-administrative Special Use Permit must be satisfied
pursuant to MMC 20.72.010.
20.32.030 Schools.
This section establishes the development criteria that apply to schools, including accessory
uses.
A. The location of schools shall be limited to lots designated as “School and Institution” on
the Medina Comprehensive Plan Land Use Map.
B. Development standards:
1. Minimum setbacks: The setback of all parts of any buildings and accessory buildings
shall be at least 40 feet from all property lines, except where the school adjoins lots
zoned residential, the setback shall be at least 60 feet;
2. Maximum height: The maximum height of all buildings and structures shall not
exceed 35 feet from the low point of original or finished grade using the same
method of measuring height as set forth in MMC 20.23.070(C);
3. Maximum structural coverage and impervious surface area:
a. The total structural coverage on the lot shall not exceed 35 percent of the lot
area;
b. The requirements for impervious surface area set forth in Table 20.23.020 shall
apply; and
4. Minimum lot area:
a. Except as provided for in MMC 20.32.030(B)(4)(c), an elementary school shall
have a lot area of at least five acres for the first 100 students, plus one-half acre
for each additional 100 students, or fraction thereof;
b. A middle or senior high school shall have a lot area of at least ten acres, plus
one-half acre for each additional 100 students, or fraction thereof;
c. Where an elementary school is a secondary use to a religious facilities use on
the same lot, the minimum lot area may be satisfied by using the combined land
area for both the school and the religious facilities use, and the minimum lot area
for the first 100 students shall be three acres, plus one-half acre for each
additional 100 students, or fraction thereof.
C. Building massing:
1. The design of buildings shall incorporate features that minimize the amount of three-
dimensional bulk on the building façade facing towards existing residences;
2. Features that may be incorporated include but are not limited to pitch roofs, building
step-backs or other architectural design techniques that reduce the perceived height
of the building, and building horizontal and vertical modulation that breaks up solid
facades.
Attachment A
D. Landscaping:
1. Landscaping is required that provides vegetative buffers that adequately mitigate
visual and noise impacts on surrounding residences;
2. A landscaping plan must obtain approval from the City that at a minimum includes
the following:
a. Detailed information on the location and species of proposed trees and
vegetation;
b. Include use of year-round foliage patterns as appropriate;
c. Provide lines of sight necessary for safe school operation; and
d. Provide landscaping that reduces visual impacts from public streets while
minimizing impacts to safety-required lines of sight.
E. Traffic and parking requirements:
1. A pedestrian and vehicular circulation plan is required that emphasizes safety and
efficiency;
2. The pedestrian and vehicular circulation plan shall at a minimum include the
following:
a. Traffic generation estimates;
b. School bus loading and unloading operations;
c. Student drop off and pick-up operations;
d. Deliveries; and
e. Mitigation measures to address traffic impacts to streets;
3. A parking plan is required that includes adequate off-street parking for staff and
visitors, and loading and unloading zones; and
4. The City may require that traffic and parking studies be provided that are prepared
by a qualified professional traffic engineer that supports the circulation and parking
plans.
F. Lighting requirements: A lighting plan is required that includes:
1. Consideration for pedestrian safety;
2. Overall lighting levels, which shall not negatively impact surrounding residences; and
2. Lighting that is directed towards school property only.
G. The approval criteria for a Non-administrative Special Use Permit must be satisfied
pursuant to MMC 20.72.010.
20.32.040 Electrical power and utility substations.
This section establishes the development criteria that apply to electrical power and utility
substations.
A. Electric power and utility substations shall be limited to lots and tracts designated as
Utility” on the comprehensive plan land use plan map.
B. All uses shall be in buildings and structures and/or may be required to be enclosed with
a fence at least six feet in height.
C. The fence shall be located in a manner that minimize visual and noise impacts to
adjoining properties and streets and may be required to be setback at least 30 feet from
all property lines.
D. A sight-obscuring landscaped buffer consisting of evergreen trees, shrubs and other
vegetation shall be planted adjacent to the fence for a depth of up to 20 feet.
E. The height of structures shall be limited to 25 feet using the same method of measuring
height set forth in MMC 20.23.070(C), except the measurement of height shall be taken
from the low point of the existing grade.
F. The approval criteria for a Non-administrative Special Use Permit must be satisfied
pursuant to MMC 20.72.010.
Attachment A
20.32.050 Clubhouse – public and private.
This section establishes the development criteria that apply to public and private clubhouse
uses.
A. A clubhouse may include such activities that provide services to the association, but
shall not provide business activity to customers not associated with the association.
B. Parking requirements: Off-street parking shall be provided at the rate of 300 square feet
of paved and drained parking area for each 100 square feet of internal building floor area
for meeting and assembly rooms.
C. Traffic Requirements:
1. Traffic generated from clubhouse activity shall not adversely impact streets; and
2. A traffic analysis may be required to evaluate traffic impacts on surrounding streets
and conditions necessary to mitigate for such impacts may be attached to any permit
approvals.
D. Clubhouses shall be limited to properties containing an existing non-residential use
identified in the comprehensive plan.
E. Structural Coverage: Not more than 35 percent of the lot area shall be covered by
buildings housing a clubhouse use and associated accessory uses.
F. The approval criteria for a Non-administrative Special Use Permit must be satisfied
pursuant to MMC 20.72.010.
20.32.060 Satellite receiving systems.
This section establishes the development criteria that apply to satellite receiving systems.
A. The purpose of this section is to minimize the adverse visual and physical impact of
satellite receiving systems in the community without disrupting signal reception for the
user. All other antennas are exempt from this section but may be covered by other
provisions of the Medina Municipal Code.
B. The following criteria shall be applied in locating and screening satellite receiving system
hereafter refer to as “antenna”) from adjacent properties:
1. Aluminum mesh antennas shall be used whenever possible instead of the solid
fiberglass type;
2. Antennas shall be painted colors that will blend with the background;
3. Antennas shall not be greater than 12 feet in diameter;
4. Ground-mounted antennas, including their bases, shall be no higher than 15 feet, at
their highest point, above the existing grade;
5. Antennas larger than 36 inches in any dimension shall be screened with landscaping
if visible from streets or surrounding properties within 500 feet;
6. Antennas shall not be located on any easements;
7. Installations shall meet all applicable construction codes;
8. If guy lines are used, they should be confined within a fenced area;
9. Antennas shall comply with all applicable federal or state statutes and regulations;
10. Antennas greater than 36 inches in any dimension shall not be roof-mounted unless
the antenna will not be visible from any streets or surrounding properties within 500
feet;
11. Antennas shall not be located in the front yard of any residential site; and
12. Antennas shall meet setback requirements of the underlying lot with the setback
measured from the part of the antenna or its base nearest the property line.
C. In addition to the requirements set forth in this section, the approval criteria for a Non-
administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010.
Attachment A
20.32.070 Golf course.
This section establishes the development criteria that apply to golf courses and associated
accessory uses.
A. Site development standards:
1. The minimum gross area required for a golf course is 130 contiguous acres;
2. No buildings, except open shelters shall be constructed within 100 feet of the outer
boundaries of the golf course adjoining properties containing residential uses; and
3. Underlying zoning and development standards shall apply, except setback
requirements may be waived by the City for property lines located interior to the
outer boundaries of the golf course.
B. Parking requirements:
1. Off-street parking spaces shall be provided based on a parking study that evaluates
anticipated parking demand with an adequate number of spaces being provided to
prevent spill-over parking onto neighboring properties and streets during peak
demand periods;
2. The parking study shall be prepared by a qualified professional and must
demonstrate the parking complies with the criteria in MMC 20.32.070(B)(1);
3. In determining the minimum number of required parking spaces, a comprehensive
transportation management plan acceptable to the City may be utilized to reduce the
anticipated demand for parking;
4. The approved transportation management plan shall be recorded with the property;
5. Unobstructed vehicular access to and from public or private streets shall be provided
for all off-street parking spaces; and
6. Accessible parking spaces shall be provided consistent with state building code
requirements.
C. Traffic requirements:
1. A comprehensive traffic study containing an evaluation of traffic generation estimates
and traffic impacts to City streets shall be provided to the City; and
2. The traffic study shall be prepared by a qualified professional traffic engineer and
shall include measures for mitigating traffic impacts to streets.
D. The City may at its discretion require a technical review as part of a process for
approving the use. The selection of a qualified person or party to conduct the review
shall be at the discretion of the City with the cost borne by the applicant. The review
shall address the following:
1. The accuracy and completeness of the submission;
2. The applicability of analysis techniques and methodologies;
3. The validity of conclusions reached; and
4. Any specific engineering or technical issues designated by the City.
E. The following uses are considered typical accessory uses of a golf course and may be
permitted on the grounds of the golf course:
1. Clubhouse with locker rooms and food services with the sale of alcoholic beverages
for members who use the golf course (see MMC 20.32.050);
2. Pro-shop including snack bar and retail items associated with recreational activities
on the golf course marketed for members who use the golf course;
3. Sports courts and swimming pool for use by members who use the golf course;
4. Maintenance, operational and storage buildings, including golf cart storage; and
5. Other uses typically associated with a golf course use.
F. In addition to the requirements set forth in this section, the approval criteria for a Non-
administrative Special Use Permit must be satisfied pursuant to MMC 20.72.010.
Attachment A
G. As a condition of approving a Non-administrative Special Use Permit, the City may
require the applicant to provide information and attach such conditions to address
impacts from the holding of large events.
20.32.080 Special planning areas.
A. Following receipt of the applicant’s master plan, the City shall undertake an analysis of
the proposed facility’s impact on City finances, both during the construction period and
after completion. The City shall also undertake an analysis of the impact that the facility
will have on neighboring properties and the City as a whole.
B. No special use permit shall be issued for facilities (including essential public facilities)
located in special planning areas or for modifications to existing facilities located in
special planning areas, unless the hearing examiner finds:
1. If the application is for an essential public facility, such facility is included within an
adopted state or regional plan and meets the requirements of RCW 36.70A.200;
2. The facility will have no materially detrimental impact on neighboring properties or on
the City as a whole, during the construction process or following completion, due to
excessive noise, lighting, impact on the environment or other interference with
peaceful use, possession and enjoyment of property; or its detrimental impacts on
neighboring properties and the City as a whole are effectively mitigated; or a
package of incentives, including mitigation measures, has been proposed by the
applicant, which would render the impact of the facility on the City as a whole
effectively mitigated, when considered together with such incentives and mitigation;
3. The applicant has complied with all applicable federal, state and county siting and
permitting requirements; and
4. The facility will be consistent with the policies expressed in the comprehensive plan.
C. In making its determination under MMC 20.32.080(B), the hearing examiner may
consider the likelihood of additions, expansions or further activity related to or connected
with a proposed facility and may request that the master plan be amended to include any
additions, expansions or further activity being planned by the applicant.
D. The hearing examiner may apply such conditions as it deems necessary to effectively
mitigate the detrimental impacts of the facility on neighboring properties and the City as
a whole. This may include, but shall not be limited to, sound-absorbing barriers;
landscaping; sight-obscuring fencing and/or landscaping; landscaped lids; enhanced
vehicular, transit and pedestrian amenities; public access to the Lake Washington
shoreline; adequate maintenance; and other mitigation as appropriate.
E. Buildings, wireless communication facilities, satellite receiving systems, fences, walls
and bulkheads installed within a special planning area shall be consistent with the
master plan and shall meet all applicable City regulations unless otherwise noted in the
master plan and specifically referenced in the special use permit. The height of any
structure within a special planning area shall not exceed 35 feet measured from the low
point of original grade or finished grade, whichever is less, using the same method of
measuring height set forth in MMC 20.23.070(C).
Attachment A
Chapter 20.33
Historical Uses
Sections:
20.33.010 Historical uses - limitations.
20.33.020 General requirements.
20.33.030 Variances.
20.33.040 Approval process.
20.33.010 Historical uses - limitations.
A. This chapter establishes the development criteria that apply to historical uses.
B. Historical uses are limited to non-residential uses which were in existence at the date of
incorporation of the City (August 19, 1955).
C. Historical uses shall not be allowed on any lot where the use was not operated at the
date of incorporation.
20.33.020 General requirements.
A. A building or structure containing or used in support of a historical use may be ordinarily
maintained and repaired to its original condition, and for the historical use, with like
materials and construction methods, but may not be altered, improved, enlarged,
expanded or reconstructed without approval granted through the Historical Use Permit
process of the City.
B. Ordinary maintenance and repair shall not exceed 25 percent of the true value of the
building or structure in any one calendar year, unless approved and granted through the
Historical Use Permit process of the City.
C. Whenever a building or structure containing or used in support of a historical use is, by
ruling of the building official, destroyed, damaged or deteriorated to the point where
repairs would cost in excess of 60 percent of its true value, any subsequent use of the
building or structure to contain or support the historical use is not permitted without
approval granted through the Historical Use Permit process of the City.
20.33.030 Variances.
Deviations to any rules, regulations or provisions of the zoning regulations may be
authorized pursuant to the requirements for a Historical Use Permit set forth in MMC
20.72.020.
20.33.040 Approval process.
Approval of a historical use is pursuant to the requirements for a Historical Use Permit set
forth in MMC 20.72.020.
Attachment A
Chapter 20.34
Accessory Uses
Sections:
20.34.010 General Provisions.
20.34.020 Accessory dwelling units.
20.34.030 Off-site – accessory uses.
20.34.040 Accessory recreational facilities.
20.34.010 General Provisions.
A. This chapter establishes special development standards that apply to specific uses.
B. The special development standards prescribed by this chapter shall be applied in
conjunction with the accessory use provision set forth in MMC 20.21.040 and other
development regulations applicable to the property.
C. Where this chapter imposes a different standard than specified elsewhere in the Medina
Municipal Code, the special development standards set forth in this chapter shall prevail.
20.34.020 Accessory dwelling units.
This section establishes the development criteria that apply to accessory dwelling units.
A. Accessory dwelling units meeting the requirements of this section are excluded from
density and minimum lot area requirements.
B. Accessory dwelling units shall be fully contained within and attached to a single-family
dwelling, or must be located within a detached accessory building containing another
permitted accessory use.
C. Accessory dwelling units are prohibited as the only use in a detached accessory
building.
D. Only one accessory dwelling unit may be permitted on a lot per each single-family
dwelling located on the same lot.
E. The property owner of record must occupy either the single-family dwelling or the
accessory dwelling unit as a legal residence. Legal residency must be evidenced by
actual residency. Legal residency shall terminate by reason of absence in excess of one
year. Legal residency shall immediately terminate upon the payment or receipt of rent for
both units.
F. Development standards:
1. The accessory dwelling unit shall comply with the development standards of the
zoning where the accessory dwelling unit is located;
2. The accessory dwelling unit shall contain not less than 300 square feet of gross floor
area;
3. The accessory dwelling unit shall contain no more than the lesser of 1,000 square
feet of gross floor area, or 40 percent of the total square footage of the gross floor
area of the single-family dwelling and accessory dwelling unit combined;
4. All of the structures on the property shall have the appearance of a single-family
dwelling and any other permitted accessory structures;
5. The entry door to the accessory dwelling unit shall be screened from the street by
portions of the structure or by dense evergreen vegetation;
6. There shall be no sign or other indication of the accessory dwelling unit’s existence
other than an address sign and a separate mail box;
7. The exterior finish of the accessory dwelling unit shall be identical to the residence or
accessory structure in which it is contained; and
Attachment A
8. A certification by City of Bellevue Utilities is required indicating that water supply and
sanitary sewage are available to adequately serve the accessory dwelling unit.
G. There shall be one off-street parking space provided for the accessory dwelling unit,
which shall be in addition to any off-street spaces required for the principle single-family
dwelling.
H. Garage space may be converted into an accessory dwelling unit only if the number of
covered spaces eliminated by the conversion is replaced by the same number of
covered spaces elsewhere on the property.
I. An accessory dwelling unit must contain:
1. Bathroom facilities that include a toilet, sink and a shower or bathtub; and
2. Kitchen or food storage and preparation facilities and a sink.
J. A property owner seeking to establish a legal accessory dwelling unit shall apply to
register the dwelling unit with the City pursuant to MMC 20.70.070. The application shall
include an agreement by the property owner to occupy either the single-family dwelling
or the accessory dwelling unit and to maintain the accessory dwelling unit in compliance
with the standards set forth in this section.
K. After the accessory dwelling unit is approved, a registration form signed by the record
holders of the property shall be recorded with the King County Auditor’s office. Said
registration form shall contain:
1. The street address and legal description of the property;
2. Description of the requirement for owner occupancy; and
3. The requirement for maintaining the accessory dwelling unit in compliance with the
requirements of this section.
L. The registration of the accessory dwelling unit may be canceled pursuant to MMC
20.70.070 by the property owner by recording a certificate of cancellation in a form
satisfactory to the City with the King County department of records and elections. The
City may record a notice of cancellation upon failure to comply with the standards set
forth in this section.
20.34.030 Off-site accessory uses.
This section establishes development criteria that apply to accessory uses that are located
off-site from a principal use.
A. The following accessory uses may be exempt from the requirement to locate an
accessory use on the same lot as the principal use set forth in MMC 20.21.040(C)
provided the conditions in MMC 20.34.030(C) are satisfied:
1. Accessory recreational facilities prescribed in MMC 20.34.040;
2. Improved surface off-street parking areas and detached garages;
3. Buildings containing gardening and similar types of uses;
4. Storage sheds; and
5. Playhouse, cabana, beach house and similar accessory uses;
B. Accessory uses not listed in MMC 20.34.030(A) must be located on the same lot as the
lot containing the associated principal use.
C. The following conditions must be present for an accessory use to be located off-site:
1. The use must be incidental to an existing single-family dwelling;
2. The lot containing the accessory use must adjoin and be under the same ownership
as the lot containing the single-family dwelling; and
3. No more than two accessory buildings/uses may be located off-site from the principal
use;
4. The development standards in MMC 20.34.030(D) are complied with.
Attachment A
D. In addition to other development requirements prescribed by the Medina Municipal
Code, the following shall apply to accessory uses located off-site from the principal use:
1. The maximum height of structures shall be 15 feet above the low point of the existing
grade using the methodology for measuring height set forth in MMC 20.23.060(C);
2. The gross floor area of buildings and structures shall not exceed 1,000 square feet;
3. Roof eaves shall not protrude more than two feet from the exterior walls of a building;
and
4. Total impervious surface area, excluding the footprint of the building or structure
housing the accessory use, shall not exceed 2,000 square feet.
E. In order to inform subsequent purchases of real property about the existence of the
condition requiring the property containing the off-site accessory use to be under the
same ownership as the property containing the principal single-family dwelling:
1. The property owner shall file for record a notice on the title of the property containing
the off-site accessory use a statement of this condition; and
2. The notice on the title shall be recorded with King County and include a statement
that a breach of this condition is a violation of the Medina Municipal Code subject to
enforcement action prescribed by the Medina Municipal Code.
The notice shall run with the land and may be removed if transfer of ownership in the
property would not cause a violation of the Medina Municipal Code to occur.
F. Failure by a property owner to provide notice as prescribed by this section to a
purchaser of the subject property prior to the transferring of interest in the property shall
be a violation of the Medina Municipal Code subject to enforcement action prescribed
under Chapter 20.16 MMC.
20.34.040 Accessory recreational facilities
This section establishes the development criteria that apply to accessory recreational
facilities, including minor accessory recreational facilities.
A. Accessory recreational facilities are categorized as either major or minor pursuant to the
following:
1. Major accessory recreational facilities include the following and require approval of
an Administrative Special Use Permit pursuant to MMC 20.71.030:
a. Active sports courts such as tennis, paddle tennis, basketball, and similar
facilities;
b. Swimming pools;
c. Hot tubs and spas, except as allowed in MMC 20.34.040(B); and
d. Other similar sports facilities that provide active outdoor recreational activity and
with similar impacts on adjoining properties.
2. Minor accessory recreational facilities such as a basketball hoop and temporary
game nets do not require approval of an Administrative Special Use Permit provided:
a. Installation of the facility does not require additional paved surface area;
b. No illumination beyond normal house lighting is installed for use of the facility;
c. The facility is not located inside any setback areas; and
d. Maximum noise level requirements in Chapter 8.06 MMC are followed.
B. Hot tubs and spas do not require approval of an Administrative Special Use Permit
where:
1. If the hot tub and/ or spa is permanent:
a. The facility is located within 20 feet of a single-family dwelling;
b. Special outdoor lighting is not installed other than in-water low-light illumination
directed away from any adjoining properties;
Attachment A
c. Pump and mechanical equipment are located inside of the residential structure or
enclosed by sound attenuating structure;
d. A barrier is provided as prescribed by the building code;
e. The facility is not located inside any setback areas; and
f. The hot tub/ spa drains into the sanitary sewer system.
2. If the hot tub and/ or spa is temporary:
a. It is not erected for more than seven days during any one month period;
b. It meets the criteria in MMC 20.34.040(B)(1)(a) through (e).
C. Development standards:
1. Major recreational facilities shall comply with the development requirements of the
zone in which the recreational facility is located, except as provided in MMC
20.34.040(C)(3);
2. Swimming pools, spas and hot tubs shall have the setback measured from the
property line to the outside edge of the structural rim of the vessel (see Figure
20.23.040(C)(2));
3. Swimming pools, spas and hot tubs not exceeding two feet in height may protrude
into a setback area from a rear property line provided:
a. At least a 15-foot setback is maintained from the rear property line; and
b. All other setbacks from front property lines, side property lines, Lake Washington,
and private lanes are followed;
4. The height of a swimming pool, hot tub or spa is measured from the lowest point of
original grade or finished grade, whichever grade is lower, underneath the parameter
of the facility to the highest point of the structural rim of the vessel. (See Figure
20.23.040(C)(4).)
Figure 20.34.040(C)(2)
Measuring Setback for Swimming Pools, Hot Tubs and Spas
Walkway may be subject to other setback requirements.
Figure 20.34.040(C)(4)
Height of Swimming Pools, Hot Tubs and Spas
Original Grade
Finished Grade
Top of Rim
Height
Vessel
Lowest Point of Original
and Finished Grade
Structural
Rim
Vessel
Property Line
Setback
Walkway*
Attachment A
Chapter 20.35
Temporary Uses
Sections:
20.35.010 Purpose.
20.35.020 Applicability.
20.35.030 Placement requirements for a temporary public facility.
20.35.040 Placement requirements for temporary wireless communication facilities.
20.35.050 Waiver of zoning standards.
20.35.010 Purpose.
This chapter is intended to permit certain uses identified in this chapter that are inherently
temporary.
20.35.020 Applicability.
This chapter applies to the location of a temporary public facility as defined in MMC
20.12.210 when located within a residential zoning district, and the placement of temporary
wireless communication facilities.
20.35.030 Placement requirements for a temporary public facility.
A temporary public facility may be located in any residential zone provided:
A. An existing nonresidential use identified in the comprehensive plan occupies the property;
and
B. The public facility is a short-term use of property for a period not to exceed an 18
consecutive month period with the intent to discontinue such use upon the expiration of
the permitted time period;
C. The gross floor area of buildings and structures housing the public facility does not
exceed 3,500 square feet; and
D. A Temporary Use Permit is approved pursuant to MMC 20.70.060.
20.35.040 Placement requirements for temporary wireless communication
facilities.
A wireless communication facility temporarily placed on property may be exempted from the
requirements for wireless communication facilities prescribed in Chapter 20.37 MMC
provided:
A. The limitations on permitted locations set forth in MMC 20.37.050 shall continue to
apply;
B. The temporary wireless communication facility shall be placed on the property in a
manner that is the least intrusive impact on nearby residential properties;
C. Concealment techniques are incorporated that screen, hide, or disguise the facility in a
manner that makes the facility visually inconspicuous to the extent technically feasible to
surrounding properties and City streets;
D. The highest point of the wireless communication facility shall not exceed a vertical
distance of 45 feet measured from the existing grade directly below the facility;
E. The setbacks for the zone in MMC 20.22.030 and noise control requirements in Chapter
8.06 MMC shall apply;
F. Signage is prohibited;
Attachment A
G. The wireless communication facility is a short-term use of the property intended to be
discontinued after a period not to exceed six continuous months, except where allowed
otherwise by law;
H. The wireless communication facility is not moved to another location within the City or
replaced with another temporary wireless communication facility in order to circumvent
the time limitations set forth in MMC 20.35.040(G); and
I. A Temporary Use Permit is approved pursuant to MMC 20.70.060.
20.35.050 Waiver of zoning standards.
A. The requirements for minimum zoning setbacks from property lines and the
requirements for maximum structural coverage may be waived by the Director with the
approval of a Temporary Use Permit to allow for the placement of a temporary public
facility.
B. This section shall not apply to the placement of any wireless communication facility.
Attachment A
Chapter 20.36
Nonconformity
20.36.010 Declaration and Purpose.
20.36.020 Applicability.
20.36.030 Establishment of a legal nonconformity.
20.36.040 Nonconforming lots.
20.36.050 Nonconforming uses.
20.36.060 Nonconforming structures.
20.36.070 Nonconforming signs.
20.36.080 Unlawful uses and structures.
20.36.090 Abatement of public nuisance.
20.36.010 Declaration and Purpose.
A. The City recognizes there are lots, structures and uses of land which were lawful at the
time of their establishment, but which now do not conform with the development
regulations in effect. These nonconformities should eventually be converted to a
conforming status.
B. The purpose of this chapter is to:
1. Establish uniform provisions for the regulating of legal nonconformities consistent with
the following:
a. Avoiding undue hardship on property owners by permitting the nonconformity to
continue until such time that nonconforming property rights are abandoned; and
b. Encouraging the preservation of Medina’s existing residential housing stock by
allowing limited alterations and expansion of existing nonconforming residential
buildings.
2. Set forth the conditions under which changes to a nonconforming lot, structure, or
use of land shall constitute abandonment and require the conversion to conforming
status.
20.36.020 Applicability.
A. The requirements and thresholds established in this chapter shall apply to all
development regulated under Titles 18, and 20 of the Medina Municipal Code.
B. This chapter is intended to be applied in combination with other sections of the Medina
Municipal Code relating to nonconformity, including, but not limited to those prescribed in
the building and fire codes.
C. Nothing in this chapter shall prohibit the establishment of special regulations for specific
nonconformities regulated by other sections of the Medina Municipal Code.
20.36.030 Establishment of a legal nonconformity.
A party asserting the existence of a lawfully established nonconforming lot, structure or use
of land has the burden of proof that the lot, structure or use of land was not substandard in
meeting the development regulations in effect at its creation.
20.36.040 Nonconforming lots.
The following shall apply to all nonconforming lots:
Attachment A
A. A nonconforming lot may be developed and used in the same manner as a conforming
lot provided that the lot development or use complies with applicable development
regulations (other than those involving lot area, lot width, street frontage, or similar
dimensional standards applicable to lots) or a variance from applicable development
regulations is granted.
B. Modifications to the area and/ or dimensional standards of a nonconforming lot are
permitted provided a modification does not increase nonconformity or create new
nonconformity (example of increasing the nonconformity: taking an existing substandard
lot area and making it smaller).
C. A government agency may lawfully modify a lot in a manner that would result in
nonconformity, if the modification is for the purpose of acquiring property for a public use
or purpose, or is permitted otherwise by law.
20.36.050 Nonconforming uses.
The following shall apply to all nonconforming uses:
A. Any legally established nonconforming use may continue until such time that the rights
for the nonconforming use are abandoned pursuant to MMC 20.36.050(C).
B. A nonconforming use may not be expanded nor may the structure containing a
nonconforming use be enlarged, except as provided for existing nonresidential uses in
MMC 20.30.030.
C. A nonconforming use shall be determined abandoned and all rights to the
nonconforming use lost if:
1. The use is changed; or
2. The use is discontinued for a period of six consecutive months or more; or
3. The use is discontinued for a total of six months or more during a 12 consecutive
month period; or
4. A structure housing a nonconforming use experiences substantial destruction or
reconstruction, except as provided for in MMC 20.36.050(D).
D. A structure housing a nonconforming use, or used in support of a nonconforming use,
that experiences substantially destruction or reconstruction may have the nonconforming
use continued provided:
1. The substantial destruction and/ or reconstruction is the result of a fire or other
casualty not intentionally caused by any owner or tenant of the property, and a
complete building permit application is filed with the City within six months of such
fire, natural disaster, or casualty event; or
2. The nonconforming use is eligible for, and the property owner obtains, approval for a
Non-administrative Special Use Permit pursuant to the use table in MMC 20.21.030
and MMC 20.72.010, or a Non-administrative Conditional Use Permit pursuant to
MMC 20.30.030 and MMC 20.72.010.
3. The Director may grant up to a six month extension of the time limitation set forth in
MMC 20.36.050(D)(1) provided:
a. The property owner requests the extension in writing prior to the expiration of the
time limitation; and
b. The property owner demonstrates extenuating circumstances not of the property
owners own making that delay submission of a building permit application, such
as resolution of an insurance claim.
E. Ordinary maintenance and repair of a structure housing a nonconforming use, such as
painting or plumbing repair, shall be permitted provided:
1. The work is to maintain safe and sanitary conditions and does not enlarge or expand
the structure; and
Attachment A
2. The work does not result in substantial destruction or reconstruction.
F. A nonconforming use shall not be changed to another nonconforming use.
20.36.060 Nonconforming structures.
The following shall apply to all nonconforming structures:
A. Any legally established nonconforming structure may continue until such time that the
rights for the nonconformity are abandoned pursuant to MMC 20.36.070(D).
B. Where multiple structures exist on the same lot, the requirements of this section shall
apply to each structure independent of the other structure on the same lot; except where
the nonconformity is due to exceeding the applicable structural coverage maximum, the
requirements of this section shall apply to the combined structural coverage of all
structures on the same lot as if they were one structure (example: a nonconforming
structural coverage for a single-family dwelling and a detached garage would be
considered abandoned if the total exterior walls of the single-family dwelling plus the
exterior walls of the detached garage were demolished consistent with the threshold
established in MMC 20.36.060(D)).
C. A nonconforming structure may be enlarged, expanded, extended, repaired, remodeled,
or structurally altered provided the work does not increase the nonconformity as
specified in MMC 20.36.060(G), except nonconformity may be increased if:
1. A minor deviation is approved pursuant to Chapter 14.08 MMC to match an existing
nonconforming setback or nonconforming height; or
2. An intrusion into a setback, or additional structural coverage exceeding the zoning
maximum, is determined by the City to be (i) reasonably necessary and (ii) the
minimum necessary to improve access for elderly or disabled persons.
D. Except as provided for in MMC 20.36.060(F), a nonconforming structure shall be
determined to have its nonconformity abandoned and all nonconforming rights lost
where:
1. Any single-family dwelling, or any detached accessory building associated with a
single-family dwelling, experiences substantial destruction; or
2. A structure, not listed in MMC 20.36.060(D)(1), experiences either substantial
destruction or reconstruction.
E. Where the rights to a nonconforming structure have been abandoned, continuation of
the nonconformity shall cease and any subsequent repair, remodel, alteration, or
rebuilding shall require the entire structure to be brought into compliance with all
development regulations in effect.
F. A nonconforming structure that experiences substantial destruction or reconstruction
may maintain the condition of nonconformity provided that:
1. The substantial destruction and/ or reconstruction is the result of a fire, natural
disaster or other casualty not intentionally caused by any owner or tenant of the
property, and a complete building permit application is filed with the City within six
months of such fire or casualty event; or
2. The nonconforming structure, or portion thereof, was declared to be unsafe by the
City’s Building Official, and the property owner submits an application for a building
permit to reconstruct within six months of said determination.
3. The Director may grant up to a six month extension to the time limitation set forth in
MMC 20.36.060(F)(1) and (2) provided:
a. The property owner requests the extension in writing prior to the expiration of the
time limitation; and
Attachment A
b. The property owner demonstrates extenuating circumstances not of the property
owners making that delay submission of a building permit application, such as
resolution of an insurance claim.
4. In addition to the provisions set forth in MMC 20.36.060(F)(1) and (2), an existing
single-family dwelling, accessory patio and/ or accessory deck, not complying with a
zoning setback may experience substantial destruction or reconstruction while
preserving the right to the existing nonconforming zoning setback provided:
a. The replacement dwelling, patio or deck is reconstructed within the footprint of
the existing structure; and
b. Any expansion of the footprint, including any addition to the dwelling, or adding a
cover to an uncovered patio or deck, shall conform to the setbacks prescribed by
this title; and
c. A complete application for a building permit to construct a new dwelling, deck or
patio is submitted within six months following substantial destruction or
reconstruction of the structure; and
d. A patio not requiring a building permit is replaced immediately following
reconstruction.
G. A nonconforming structure that is enlarged, expanded, extended, repaired, remodeled,
or structural altered shall comply with the following:
1. All applicable development regulations including, but not limited to zoning and
building;
2. The work shall not add any new structure size or area to those parts of the existing
structure that is the cause of the nonconformity as shown in Figure 20.36.060, unless
otherwise allowed by law;
3. Upper level additions to a structure, where the total structural coverage on the lot the
structure is located exceeds the maximum structural coverage allowed on the lot, are
permitted provided:
a. The total footprint of the upper level including modifications does not exceed the
maximum structural coverage prescribed for the lot; and
b. The maximum height of the structure shall be limited as follows:
i. If the structure is located in the R-20, R-30 or SR-30 zone, the maximum
height of the structure shall be the lower of 25 feet above original grade or 28
feet above finished grade as measured pursuant to MMC 20.23.060(C); or
ii. If the structure is located in a zone other than those set forth in MMC
20.36.060(G)(3)(b)(i), the maximum height shall be pursuant to the height
standards prescribed by the zone where the structure is located;
Figure 20.36.060 Making Up the Nonconformity
Setback:
Setback Area
Part of Building in
Setback Area*
Attachment A
Structural Coverage:
Height:
Part of Structure Causing the Nonconformity
20.36.070 Nonconforming signs.
Refer to MMC 20.30.020 for regulations pertaining to nonconforming signs.
20.36.080 Unlawful uses and structures.
A. Uses and structures that did not comply with applicable development regulations in
effect at the time of its establishment are determined illegal and subject to enforcement
as prescribed by law.
B. Nothing in this Chapter shall be interpreted as granting any right to continue occupancy
of property containing an illegal use or structure.
C. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to
establish the existence of a nonconforming use and/ or structure.
20.36.090 Abatement of public nuisance.
Regardless of any provisions in this Chapter, any nonconformity found to be a public
nuisance, pursuant to Chapter 8.04 MMC, shall be terminated.
Total Structural
Coverage Allowed
Part of Building Exceeding
Maximum Structural
Coverage Allowance*
Maximum Height
Part of Building Exceeding
Maximum Height*
Attachment A
Chapter 20.37
Wireless Communication Facilities
Sections:
20.37.010 Purpose.
20.37.020 Nondiscrimination.
20.37.030 Applicability.
20.37.040 Licensed amateur (HAM) radio.
20.37.050 Permitted locations.
20.37.060 Parks and Public Places zoning – limitations.
20.37.070 Site requirements – outside of City rights-of-way.
20.37.080 Site requirements – City rights-of-way.
20.37.090 Security fencing.
20.37.100 Concealment.
20.37.110 Co-location.
20.37.120 Non-administrative special use permit required.
20.37.130 Application submittal requirements.
20.37.140 Requirement to demonstrate need for facility.
20.37.150 Radio frequency standards.
20.37.160 Assignment of subleasing.
20.37.170 Maintenance required.
20.37.180 Abandoned facilities.
20.37.010 Purpose.
The purpose of this chapter is to establish design, permitting, and placement standards for
wireless communication facilities that:
A. Provides adequate wireless communication coverage to the residents of the City, the
traveling public, and others within the City’s jurisdiction;
B. Ensures wireless communication facilities are consistent with the residential character of
the City;
C. Establishes development standards for wireless communication facilities that are least
intrusive and take into account the scale (height and mass), proximity to each other, and
the informal landscaping that contribute to the distinctive setting of the community;
D. Maximizes the use of any support structure and existing suitable structures and buildings
in order to reduce the need to construct or install new support structures; and
E. Protect the public health, safety and welfare.
20.37.020 Nondiscrimination.
The Federal Telecommunication Act (FTC) provides that the City shall not unreasonably
discriminate among providers of functionally equivalent services.
20.37.030 Applicability.
A. The provisions of this chapter shall apply to all new and expansion and/or alteration of
wireless communication facilities located within the boundaries of the City, except for the
following:
1. Those facilities used for the primary purpose of public safety by a public agency,
such as police, and 911 communications systems;
2. Incidental use of a support structure exempts under MMC 20.37.030(A)(1) by non-
public entities for the attachment of antennas and ancillary facilities;
3. Wireless radio utilized for emergency communications in the event of a disaster;
Attachment A
4. An antenna that is designed to receive television broadcast signals;
5. An antenna for receiving and sending of amateur radio devices or HAM radios
provided the criteria in MMC 20.37.040 are satisfied;
6. An antenna that is one meter or less in diameter or diagonal measurement, which is
designed to receive direct broadcast satellite services, including direct-to-home
satellite services and those subject to MMC 20.32.060;
7. An antenna that is one meter or less in diameter or diagonal measurement, which is
designed to receive video programming services via multipoint distribution services,
including multi-channel multipoint distribution services, instructional television fixed
services, and local multipoint distribution services.
B. It is the express intent of the City to impose all regulations in this chapter to all land
within the City, whether publicly or privately held including private property, City property,
state-owned right-of-way, and/ or church property, utility property and school property.
20.37.040 Licensed amateur (HAM) radio.
Antennas for the receiving and sending of amateur radio devices (HAM) shall be exempt
from the requirements of this chapter provided:
A. The height of the antenna, including any tower, does not exceed the maximum zoning
height applicable to the property;
B. The radio is owned and operated by a federally licensed amateur radio station operator,
or is used exclusively for “receive only” antenna;
C. No lights of any kind shall be attached to, and no direct or indirect means of artificial
illumination shall be employed, on the antenna or tower;
D. Concealment pursuant to MMC 20.37.100 shall be incorporated into the antenna and
tower to the extent allowed under the requirements set forth by the Federal Aviation
Administration (FAA);
E. Towers shall not be located within any setback areas and must be placed a distance
from all property lines and existing residential structures equal to, or greater than, its
height (not including the antenna);
F. No signs shall be permitted except as required by federal regulations, where such a sign
shall be limited to one in quantity and no larger than 8 ½ inch by 11 inches;
G. The tower shall not be used for commercial purposes; and
H. Towers must meet all applicable state and federal statues, rules and regulations,
including obtaining a building permit from the City, if necessary.
20.37.050 Permitted locations.
Wireless communication facilities may be permitted at the following locations:
A. Properties zoned R-16 District, R-20 District, and SR-30 District containing a
nonresidential use identified in the Land Use Inventory set forth in the Medina
Comprehensive Plan; and
B. Properties zoned Neighborhood Auto and Primary State Highway; and
C. Properties zoned Parks and Public Places, subject to the limitations set forth in MMC
20.37.060; and
D. All opened and un-opened City rights-of-way, regardless of the underlying zoning
district.
E. All other locations within the City’s jurisdiction are prohibited.
Attachment A
20.37.060 Parks and Public Places zoning – limitations.
A. Wireless communication facilities are prohibited in all portions of City parks, except:
1. Those portions of Fairweather Nature Preserve which are non-forested and adjacent
to the state highway right-of-way;
2. Ancillary facilities placed within the interior of a City-owned building; and
3. Antennas mounted on the exterior of City-owned buildings.
B. The determination of whether to allow or not allow the placement of wireless
communication facilities within City parks shall be governed by the provisions set forth in
Chapter 19.08 MMC, and such policies, procedures, or regulations adopted by the City
Council relating to the leasing of City property.
20.37.070 Site requirements – outside of City rights-of-way.
The following site requirements shall apply to wireless communication facilities that are
located pursuant to MMC 20.37.050(A), (B), and (C).
A. An antenna and ancillary facility may use an existing nonresidential building as a support
structure provided that:
1. Only one of the following may be mounted on the building:
a. One tubular panel antenna;
b. One whip antenna; or
c. One non-reflective parabolic dish antenna not more than one-foot in diameter.
2. More than one antenna may be mounted on the same nonresidential building when:
a. The added antenna is for the purpose of co-location as prescribed by MMC
20.37.110 provided each telecommunication carrier shall be limited to only one
antenna on the same nonresidential building; and/ or
b. The added antenna is for a Global Positioning System (GPS) antenna less than
12 inches at its greatest dimension.
3. Ancillary facilities may be located on- or off-site and shall be placed within the interior
of an existing nonresidential building or an equipment housing structure. This
provision shall not apply to conduit or cabling for power and/ or data.
4. The maximum height of the wireless communication facility, including the height of
the antenna, shall not exceed the lower of a height of 35 feet above finished or
original grade, whichever is lower, or:
a. Six feet, eight inches, measured to the top of a tubular antenna above the roof
proper at the point of attachment;
b. Ten feet measured to the tip of whip antenna above the roof proper at the point
of attachment;
c. Five feet measured to the top of a parabolic dish above the roof proper at the
point of attachment.
5. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties, except
when located in an existing non-residential building, the existing setbacks of the non-
residential building shall apply.
6. In addition to the provisions prescribed by this subsection, if a support structure is
attached to an existing nonresidential building, the provisions set forth in MMC
20.37.070(B) shall apply where applicable.
7. Concealment consistent with MMC 20.37.100 is incorporated to minimize visual
impacts and provide appropriate screening.
8. Buildings containing a residential occupancy as defined by the building code shall
not be utilized as a support structure.
Attachment A
B. An antenna may be mounted to a support structure such as a lattice tower, monopole
and similar freestanding structures provided that:
1. The support structure shall be designed and placed on the site in a manner that uses
existing trees, mature vegetation, and existing structures to:
a. Screen as much of the total facility from prevalent views;
b. Provide background in a manner that the total facility blends to the maximum
extent feasible into the background with increased sight distances; and
c. Integrates the existing trees and mature vegetation to the maximum extent
feasible with concealment requirements.
2. The maximum height of the wireless communication facility, including the height of
the antenna, shall not exceed 35 feet above original or finished grade, whichever is
lower.
3. The maximum height in MMC 20.37.070(B)(2) may be increased up to 80 feet
without a variance if:
a. The wireless communication facility is located in Fairweather Nature Preserve
consistent with MMC 20.37.060(A); and
b. The increase in height is the minimum necessary to avoid a significant gap in
service coverage on the SR 520 floating bridge; and
c. The increase in height supports future co-location on the support structure
pursuant to MMC 20.37.110; and
d. All other applicable provisions of this chapter are followed.
4. Wireless communication facilities, except for security barriers, shall be set back a
distance of at least 500 feet from the property line of all residential properties.
5. Ancillary facilities may be located on- or off-site and shall be placed within the interior
of an existing nonresidential building or an equipment housing structure. This
provision shall not apply to conduit or cabling for power and/ or data.
6. Concealment consistent with MMC 20.37.100 is incorporated to minimize visual
impacts and provide appropriate screening.
20.37.080 Site requirements – City rights-of-way.
The following site requirements shall apply to wireless communication facilities that are
located pursuant to MMC 20.37.050(D).
A. Antennas shall be mounted to an existing utility support structure, except as provided in
MMC 20.37.080(E).
B. The maximum height of the wireless communication facility shall not exceed the height
of the existing utility support structure, except up to 15 additional feet of height may be
permitted above the existing utility support structure, without a variance, provided:
1. Either the increase in height is established by the applicant as the minimum
necessary to eliminate a significant gap in service coverage, or the increase in height
is established by the applicant as the minimum necessary to separate components of
the wireless communication facility from the electrical primary lines; and
2. Negative visual impacts on adjacent properties are minimized by incorporating
concealment and screening; and
3. The measurement for maximum height of the existing utility support structure shall
not include replacements pursuant to MMC 20.37.080(D).
4. The City may at its discretion require an engineering and technical review as part of
a process for approval of the height increase. The selection of a qualified person or
party to conduct the engineering and technical review shall be at the discretion of the
City with the cost of the engineering and technical review to be borne by the
applicant. The engineering and technical review shall address the following:
a. The accuracy and completeness of the submission;
Attachment A
b. The applicability of analysis techniques and methodologies;
c. The validity of conclusions reached; and
d. Any specific engineering or technical issues designated by the City.
C. The placement of wireless communication facilities on utility support structures in the
City rights-of-way shall be subject to the following requirements:
1. No minimum setback distance from property lines is required;
2. The applicant must demonstrate the selected location, support structure, and
wireless communication facilities will have the least intrusive impact on the high-
quality residential setting of the community as described in the Medina
Comprehensive Plan after considering technical, engineering, and other pertinent
factors.
3. Utility support structures containing wireless communication facilities owned and/ or
operated by the same entity or person, or by entities or persons having common
ownership or control, shall be separated by a distance of at least 750 feet, or by a
distance where no additional wireless communication facilities are visible within the
view-shed of the subject pole, whichever distance is less.
a. Distance shall be measured in a straight line between the bases of the subject
poles.
b. This subsection shall not be construed as granting an exclusive right to any
person or entity that would exclude competitors from locating wireless
communication facilities in the City rights-of-way. The minimum distance
required for separation shall not be applied between wireless communication
facilities that are functionally separate and owned and/ or operated by different
entities having no common ownership or control.
4. Antennas shall meet the following requirements:
a. Antennas mounted on top of a utility support structure shall not extend outside of
the circumference of the pole as measured at the base, except:
i. Antennas placed inside of a shroud may extend outside the circumference of
the pole provided the diameter of the shroud does not exceed 1.25 multiplied
by the diameter of the pole as measured at the base; or
ii. Omni-directional antennas not exceeding four inches in width with a volume
of 905 cubic inches or less each may be mounted on a single cross arm
attached to the pole provided each antenna is separated from the nearest
antenna by a horizontal airspace distance of at least three times the width of
the larger antenna.
b. Antennas mounted to the side of a utility support structure shall:
i. Not have the furthest point of any antenna (including mounting brackets)
extend more than one-foot outside of the circumference of the pole measured
at the point of attachment, except:
ii. Omni-directional antennas may be mounted on a cross arm subject to the
limitations set forth in MMC 20.37.080(C)(4)(a)(ii).
c. More than one antenna may be mounted to a utility support structure.
d. Concealment is incorporated pursuant to MMC 20.37.100.
5. Conduit required for power and cabling attached to the outside of a utility support
structure shall be limited to four inches in diameter per conduit and the total combine
diameter of conduit for all wireless communication users at any individual location
shall not exceed 16 inches.
6. The hearing examiner may approve deviations from the standards in MMC
20.37.080(B), 20.37.080(C)(3),(4) and (5), and MMC 20.37.080(E) under a Non-
administrative Special Use Permit provided the applicant can demonstrate the
deviation will satisfy the following criteria:
Attachment A
a. There exists an actual (not theoretical) significant gap in service coverage;
b. The proposed deviation will be designed and located to remove the significant
gap in service coverage in a manner that is, in consideration of the values,
objectives, and regulations set forth in this chapter, including MMC
20.37.080(C)(2), the zoning code, and the comprehensive plan, the least
intrusive upon the surrounding area;
c. The granting of the deviation will not be detrimental to the public welfare;
d. The proposed least intrusive deviation is the minimum deviation necessary to
resolve the significant gap in service coverage;
e. No other less intrusive and feasible, alternative technologies, existing support
structures, or alternative sites are available that will allow the applicant to resolve
the significant gap in service coverage without a deviation from the standard.
7. Ancillary facilities may be located on- or off-site and shall be placed within the interior
of an existing nonresidential building or an equipment housing structure. This
provision shall not apply to conduit or cabling for power and/ or data.
8. Concealment, consistent with MMC 20.37.100, is incorporated to minimize visual
impacts and provide appropriate screening.
9. The purpose statements set forth in MMC 12.32.010 for structures in the unimproved
portions of the public’s right-of-way are applied as applicable.
D. For purposes of MMC 20.37.080(A), an existing utility support structure shall include a
utility pole that replaces an existing utility pole provided:
1. The replacement is consistent with standard utility pole replacement practices for
maintenance or emergencies; or
2. The replacement is for the purpose of accommodating additional wireless
communication facilities provided the diameter width of the replacement is not more
than 1.5 multiplied by the diameter of the base of the existing pole; or
3. The replacement is for the purpose of accommodating street improvements required
by the City; and
4. Except for MMC 20.37.080(D)(3), the replacement pole shall not be moved more
than ten feet from the location of the existing pole (measured from the pole center
point of the existing and new pole location).
E. When an existing utility support structure is unavailable due to utilities being located
underground, an alternative support structure may be approved by a Non-administrative
Special Use Permit provided:
1. Placement is consistent with the provisions set forth in MMC 20.37.080(C);
2. The height of the wireless communication facility does not exceed a height of 45 feet
above the existing grade, except within the Neighborhood Character Preservation
District Overlay the maximum height shall be the lower of:
a. Thirty-five feet above the existing grade; or
b. The elevation at the highest point of the roof of the nearest single-family dwelling
located on the higher elevation side of the support structure.
3. The wireless communication facility is designed in accordance with the following:
a. The antenna and ancillary facilities are incorporated into the interior of the
support structure or concealed so as not to be visible from any City street or
surrounding neighborhood properties; and
b. The support structure is disguised to appear as a decorative or attractive
architectural or natural feature, such as a decorative street light, artwork, tree,
bush, or similar feature.
c. Concealment, consistent with MMC 20.37.100, is incorporated to minimize visual
impacts and provide appropriate screening.
Attachment A
20.37.090 Security barrier.
If a security barrier is installed that includes a fence, wall or similar freestanding structure,
the following shall apply:
A. The height of the structure shall not exceed six feet measured from the point of existing
or finished grade, whichever is lower at the exterior side of the structure to the highest
point of the structure.
B. A sight-obscuring vegetated landscaped barrier shall be installed and maintained to
screen the structure and facilities from adjoining properties and City rights-of -way.
1. Placement of landscape vegetation shall include areas outside of the barrier and
shall obscure the site within 12 months.
2. Landscaping and the design of the barrier shall be compatible with other nearby
landscaping, fencing and freestanding walls.
C. If a chain-linked fence is used, it shall be painted or coated with a non-reflective color.
D. The limitations set forth for walls and fences in MMC 20.30.010 shall apply. The
limitation for a chain-link fence shall not apply if the wireless communication facility is
located in the City rights-of-way.
20.37.100 Concealment.
All wireless communication facilities must incorporate concealment techniques consistent
with this section that screen, hide, or disguise facilities in a manner that makes them visually
inconspicuous to the extent technically feasible to surrounding properties and City streets.
A. For building mounted installations the following concealment techniques must be
applied:
1. Screening materials matching color, size, proportion, style, and quality with the
exterior design and architectural character of the structure and the surrounding visual
environment;
2. Antennas must be mounted inside of the building or behind screening whenever
possible;
3. Ancillary facilities, except conduits or cabling for power and/ or data, must be
concealed by locating the equipment inside an existing nonresidential building, or in
an equipment housing structure, meeting the requirements set forth in MMC
20.37.100(D);
4. Other techniques that prevent the facility from visually dominating the surrounding
area.
B. For support structure mounted installations, such as a lattice tower, monopole and
similar freestanding structures, the following concealment techniques must be applied:
1. All components associated with the wireless communication facility mounted on the
exterior side of the structure shall be painted to match the predominant color of the
support structure;
2. The support structure shall be painted in a non-reflective color that matches the
predominate visual background and/ or adjacent architecture so as to visually blend
in with the surrounding development;
3. In certain conditions, such as locations that are readily visible from a large number of
residential properties or public spaces, the City may require additional concealment
such as disguising the support structure to appear as an attractive architectural or
natural feature;
4. Ancillary facilities, except for conduits or cabling for power and/ or data, must be
concealed by locating the equipment inside an existing nonresidential building, or in
an equipment housing structure, meeting the requirements set forth in MMC
20.37.100(D);
Attachment A
5. Other techniques that prevent the facility from visually dominating the surrounding
area.
C. For utility support structure installations the following concealment techniques must be
applied:
1. Except for antennas mounted on top of a pole, all components associated with the
wireless communication facility mounted on the exterior of the pole shall be painted
to match the predominant color of the pole or utility attachments to the pole;
2. Antennas mounted on top of the pole may be painted to match the pole, or may be
painted to blend into the background;
3. Ancillary facilities, except conduits or cabling for power and/ or voice, video, or data
lines must be concealed by locating the equipment inside an existing nonresidential
building, or in an equipment housing structure, meeting the requirements set forth in
MMC 20.37.100(D); and
4. Other techniques that prevent the facility from visually dominating the surrounding
area.
D. Equipment housing structures shall employ the following concealment techniques:
1. Except as provided for in MMC 20.37.100(D)(2), equipment housing structures shall
be placed underground and subject to the following:
a. Up to five inches may be located above the finished or original grade, whichever
is lower;
b. All visible portions of the structure shall be screened from the view of neighboring
properties and public places by dense vegetation approved by the City; and
c. The location of the facility must not interfere with existing uses of public land
2. Up to two small equipment housing structures containing ancillary facilities may be
mounted to the outside of a support structure provided:
a. It is not technically or economically feasible to locate ancillary facilities within the
interior of the support structure;
b. Each equipment housing structure shall not exceed 4.5 cubic feet in volume, nor
protrude more 18 inches as measured perpendicular from the tangent point or
surface where the equipment housing structure attaches to the support structure;
and
c. A minimum clearance of ten feet is maintained between the bottom of the
equipment housing structure and the ground or sidewalk below.
20.37.110 Co-location.
A. An applicant shall, to the extent commercially reasonable, cooperate with owners of
existing wireless communication facilities in co-locating additional antennas on support
structures.
B. Applicants shall demonstrate that they have made a good-faith effort to co-locate with
other support structures currently used for wireless communication facilities, and that no
commercially reasonable co-location opportunities that meet the requirements of this
code are available.
C. An applicant shall be considered to have demonstrated a good-faith effort when they can
demonstrate that:
1. No existing or approved (but not built) support structures are available within the
service area meeting the applicant’s engineering requirements;
2. No existing support structures are available which provide or may be practically
modified to provide sufficient height to meet the applicant’s engineering
requirements;
Attachment A
3. No existing support structures are available which provide or may be practically
modified to provide sufficient structural strength to support the applicant’s proposed
antenna and related equipment; and
4. The applicant’s proposed antenna would cause electromagnetic interference with
existing antennas on the support structure, or the existing antennas would cause
electromagnetic interference with the applicant’s antenna if it is located on the
support structure when properly maintained and operated according to applicable
law and manufacturer’s guidelines.
5. Other limiting factors are present that render existing support structures unsuitable.
D. In the event a dispute arises as to whether an applicant has exercised good-faith in
determining co-location opportunities, the City may at its discretion require an
engineering and technical review, at the applicant’s sole cost and expense, as part of a
process for approval of the height increase pursuant to MMC 20.37.080(B)(4).
E. Failure to comply with the co-location requirements of this section may result in the
denial of an application or revocation of an existing permit.
F. The City may require new support structures to be constructed so as to accommodate
future co-location, based on expected demand for support structures in the service area,
provided this requirement would not cause the application to be rejected by the City.
20.37.120 Non-administrative special use permit required.
Approval of a Non-administrative Special Use Permit is required for all wireless
communication facilities pursuant to MMC 20.72.010.
A. An approved Non-administrative Special Use Permit shall become null, void and
nonrenewable if the wireless communication facility is not constructed within one year of
the date the decision on the Non-administrative Special Use Permit becomes final.
B. The Director may grant a six-month extension, if construction has commenced before
expiration of the one year deadline and an extension fee is paid prescribed by the City’s
fee schedule.
C. The applicant shall maintain the facility to the standards that may be imposed by the
Non-administrative Special Use Permit.
D. In addition to the Non-administrative Special Use Permit, construction permits and
construction mitigation may also apply.
E. The requirement for a Non-administrative Special Use Permit shall not apply to routine
maintenance, repair and replacement of wireless communication facilities provided:
1. A Non-administrative Special Use Permit has previously been approved for the
wireless communication facility; and
2. The repair and maintenance work excludes changes in height or dimensions of
antennas, towers, or buildings; and
3. Any change of antennas has the same area or less than those removed and the
replacement antennas are compliant with the requirements of the Non-administrative
Special Use Permit and this code, including by way of example and not limitation,
requirements for concealment.
F. The placement of additional electronic equipment within an approved equipment housing
structure shall not require a Non-administrative Special Use Permit provided there is no
expansion of the equipment housing structure.
G. If a Non-administrative Special Use Permit is for the transfer of ownership or lease and
involves no physical changes to the appearance of the wireless communication facility,
and the transfer will not modify the conditions of approval prescribed by the Non-
administrative Special Use Permit, the Director may approve the Non-administrative
Special Use Permit as a ministerial decision without the requirement of new noticing.
Attachment A
20.37.130 Application submittal requirements.
In addition to other submittal requirements prescribed by code, all applications for wireless
communication facilities shall include at least one original and four copies, unless specified
otherwise, of the following information.
A. A copy of the FCC license and any other applicable licenses applicable to the intended
use of the wireless communication facilities.
B. A complete description of the proposed facility, including preliminary or conceptual
drawings showing dimensions and other relevant information in which to evaluate the
facility’s compliance with this chapter. All plans shall include the maximum build-out of
the proposed facility as anticipated by the applicant at the time of the application.
C. Maps showing the coverage area of the proposed facility and explanation of the need for
that facility. This includes documentation demonstrating a need for the facility pursuant
to MMC 20.37.140.
D. Area map showing the service area and the location of all sites currently operated by the
applicant and the carrier provider within the City and a one-mile radius from the City
boundaries. Information on each site’s targeted area and capability of providing service
shall be included.
E. An evaluation of the view-shed including, but not limited to:
1. A diagram or map showing the view-shed from a site plan perspective;
2. Photo simulations with graphics showing the views and appearance of the
components of the wireless communication facility before and after installation; and
3. The views shall be shown from at least four points, which are mutually agreed upon
by the Director and the applicant, within the impacted vicinity.
F. A site and landscaping plan showing:
1. The location of all existing and proposed wireless communication facilities on the
site;
2. Existing structures, trees and other significant site features;
3. Information on the proposed vegetative planting; and
4. Information on the proposed concealment that will be employed.
G. Documentation demonstrating compliance with non-ionizing electromagnetic radiation
NIER) emissions standards adopted by the Federal Communication Commission.
H. Documentation showing that the proposed facility will not cause interference with other
wireless communication facilities and telecommunication devices.
I. Signed statements indicating the following:
1. The applicant agrees to allow for the potential co-location of additional wireless
communication facilities by other providers on the applicant’s structure or within the
same site location:
a. Provided all safety and structural requirements are met; and
b. Any future owners or operators will allow co-location.
c. If the applicant does not own the support facility, a consent agreement by the
owner is required granting access to other users for the same structure or facility.
2. The applicant agrees to remove the wireless communication facility within 90 days
after that site’s use is discontinued
J. A lease agreement with the landholder, or franchise agreement if in a right-of-way, that:
1. Allows the landholder to enter into leases with other providers; and
2. Specifies that if the applicant fails to remove the facility upon 90 days of its
discontinued use, the responsibility for removal falls upon the landholder.
K. Application permit fee set forth in the fee schedule.
Attachment A
20.37.140 Requirement to demonstrate need for facility.
A. All applicants are required to demonstrate a need and submit satisfactory evidence that
the wireless communication facility is designed for and will provide personal wireless
services primarily for residents of Medina and/ or visitors within the City’s jurisdiction.
Wireless communication facilities may be designed to provide personal wireless services
for people outside of the City limits provided that satisfactory evidence is provided that
the facility is needed to complete a regional network.
B. In demonstrating need for the facility; the applicant must provide satisfactory evidence
that:
1. They are a carrier of personal wireless services, or the applicant has a binding
agreement with one or more carriers who provide personal wireless services; and
2. The types of facilities chosen are the least intrusive on the residential setting of the
community.
C. To demonstrate need, the applicant must provide information that documents the
following:
1. The need for the carrier providing the personal wireless services to complete a
network of local or regional services;
2. The inability of the carrier providing the personal wireless services to provide
personal wireless services to Medina residents and/ or visitors using other facilities,
either existing or planned that are inside and outside of the City limits;
3. The inability of the carrier providing the personal wireless services to fulfill the need
for the facility with other sites available outside of the City limits; and
4. How the types and location chosen for the wireless communication facility needed in
completing a local or regional network for personal wireless services are the least
intrusive upon the surrounding area.
D. Documentation shall include propagation studies and maps that support the need for the
wireless communication facility. If capacity is included in demonstrating need,
documentation must include usage and forecasted or present blockage, call volume,
drive-test data results including date of test, location of tests, signal strength results, and
any other technically pertinent information that supports a need for the wireless
communication facility.
20.37.150 Radio frequency standards.
A. The wireless communication facility shall comply with federal standards for radio
frequency emissions. As a condition of approving a Non-administrative Special Use
Permit, the City may require monitoring reports showing compliance. If after review of a
report the City finds that the facility does not meet federal standards, the City may
revoke or modify the conditions of the Non-administrative Special Use Permit.
B. The applicant shall be responsible to ensure that the wireless communication facility
does not interfere with the reception of area television or radio broadcasts. If evidence is
found that the wireless communication facility is interfering with such reception, upon
receiving written notice from the City, the applicant shall have 60 days to correct the
problem, or the City may revoke or modify the special use permit.
20.37.160 Assignment of subleasing.
A. A Non-administrative Special Use Permit for a wireless communication facility may not
be transferred or assigned to another owner or lessee unless until the assignee obtains
a Non-administrative Special Use Permit for the wireless communication facility.
Attachment A
B. No sublease shall be entered into by a provider until the sub-lessee has obtained a Non-
administrative Special Use Permit for its facility.
C. An assignee or sub-lessee seeking a permit shall submit all data required for an original
permit.
20.37.170 Maintenance required.
The applicant shall maintain the wireless communication facility consistent with the
provisions of this chapter and any conditions imposed by the Non-administrative Special
Use Permit. Such maintenance shall include, but is not limited to, maintenance of the paint,
structural integrity and landscaping. If the applicant fails to maintain the facility, the City may
undertake the maintenance at the expense of the applicant or may revoke the special use
permit pursuant to MMC 1.15.540 for noncompliance with the Medina Municipal Code.
20.37.180 Abandoned facilities.
A wireless communication facility that is unused for more than 90 consecutive days is
hereby declared abandoned. Abandoned facilities shall be removed no later than 90 days
from the date of abandonment. Failure to remove an abandoned facility is declared a public
nuisance and is subject to abatement actions and penalties set forth in chapters 1.15 and
8.04 MMC.
Attachment A
Chapter 20.91
Private Lanes
Sections:
20.91.010 Access by private lane authorized.
20.91.020 Easement required.
20.91.030 Minimum construction standards.
20.91.040 Private lane maintenance.
20.91.050 Minimum frontage requirements.
20.91.060 Setbacks.
20.91.070 Number of dwellings permitted.
20.91.080 Private lanes, turnaround.
20.91.090 Access to utilities.
20.91.100 Compliance with International Fire Code.
20.91.010 Access by private lane authorized.
Notwithstanding the provisions of this title requiring minimum frontage on a dedicated and
improved street, vehicular access may be provided between a lot and a public street via a
private lane satisfying the requirements enumerated in this chapter.
20.91.020 Easement required.
A. An easement at least 16 feet wide is required extending from the public street to the
property line of the lots the private lane provides access too.
B. The easement shall be in a form approved by the City, and shall at a minimum provide
ingress and egress for vehicular and pedestrian traffic, and may include access for
utilities. The easement shall be recorded with the King County auditor’s office and a
copy of this recording provided to the City.
C. The easement shall include maintenance provisions for maintaining the private lane.
20.91.030 Minimum construction standards.
A. The driving surface of a private lane shall be constructed of all-weather surface materials
such as concrete or asphalt and shall include drainage facilities meeting the
requirements in Chapter 13.06 MMC. The design of the roadway shall support
emergency vehicle access and must be approved by the Director.
B. The minimum width of the roadway surface shall be 12 feet, unless a greater width is
required for emergency vehicle access.
C. The applicant for a building permit on a site proposed to be served by a private lane
shall post a bond or a construction completion agreement satisfactory to the city
assuring compliance with these construction standards.
D. Turnouts may be required, 50 feet in length, with a total pavement width of 16 feet
wherever deemed necessary by the City Engineer due to topography, lot configuration or
other factors affecting public safety.
E. Provided that a private lane was in existence that met the required construction
standards prior to the amendments contained in Ordinance No. 663, a property owner
seeking a permit to develop his property shall only be required to improve that portion of
the private lane which is on his property to the extent necessary to meet the revised
standards.
Attachment A
20.91.040 Private lane maintenance.
All owners of property containing a private lane shall be responsible to keep the full width of
the paved surface area clear of vegetation, parked vehicles or other obstructions which
impair access of emergency vehicles. This provision shall also apply to any turnaround
located on the property.
20.91.050 Minimum frontage requirements.
A. In lieu of the minimum street frontage requirements set forth in Table 20.22.020, lots on
a private lane shall have the following minimum frontage adjoining the private lane:
1. In the R-16 zoning district, 70 feet;
2. In the R-20 zoning district, 70 feet;
3. In the R-30 zoning district, 90 feet.
B. The other provisions for street frontage in MMC 20.22.020(C) shall apply to private
lanes.
20.91.060 Setbacks.
In addition to all other setbacks required by the Medina Municipal Code, all buildings and
structures shall be setback at least 10 feet from the interior easement line of any private
lane.
20.91.070 Number of dwellings permitted.
A maximum of nine lots may be served by any one private lane. Where a lot abuts a public
street and a private lane, the private lane shall be used for access in order to reduce the
number of accesses on a public street.
20.91.080 Private lanes, turnaround.
The terminus of private lanes shall be provided with a turnaround suitable for emergency
vehicles, the plan of which must be approved by the city engineer and fire official based on
the fire apparatus access road requirements set forth in Chapter 20.40 MMC.
20.91.090 Access to utilities.
No building permit shall issue upon a building site created by a division of land, any portion
of which is to be qualified for building with access via private lane, unless access to utilities
adjacent to the land divided is assured each building site by suitable easement or covenant
running with the land.
20.91.100 Compliance with International Fire Code.
All residences constructed on private lanes must comply with the International Fire Code as
adopted in Chapter 20.40 MMC. Where compliance with the minimum requirements of this
chapter for the width of easement and paved services will not result in compliance with the
International Fire Code fire apparatus access requirements, additional or alternative fire
safety features, such as sprinkling, may be required.
Attachment B
Subtitle 20.7
Permits and Approvals
This subtitle contains provisions for permits and approvals applicable to development. The
requirements set forth in Chapters 20.70, 20.71 and 20.72 MMC are applied in conjunction with
the procedures set forth Chapter 20.80 MMC in establishing the appropriate review procedures
and criteria by which permits and approvals are reviewed and decisions rendered.
Chapter 20.70
Administrative Approvals
20.70.010 Building permit.
20.70.020 Right-of-way permit.
20.70.030 Construction code of conduct.
20.70.040 Substantial development permit exemption.
20.70.050 Administrative tree removal permit.
20.70.060 Temporary use permit.
20.70.070 Accessory dwelling unit registration.
20.70.010 Building permit.
A. Applicant: Any owner may submit an application for a building permit.
B. Procedures: Building permits are processed as a Type 1 decision, unless a SEPA threshold
determination is required in which case the application is processed as a Type 2 decision
pursuant to the review procedures set forth in Chapter 20.80 MMC.
C. Applicability: This section applies to all permits required under Chapter 20.40 MMC (Building
Codes).
D. Criteria for approval: The codes and standards referenced in Chapter 20.40 MMC and other
applicable ordinances and regulations as they currently exist or are hereafter amended set
forth the criteria for approving building permits.
E. Conditions of approval: The Decision Authority may attach such conditions as reasonably
necessary to safeguard the public health, general welfare, and safety.
F. Lapse of approval: Building permits shall expire as prescribed in Chapter 20.40 MMC.
20.70.020 Right-of-way permit.
A. Applicant: Any owner may submit an application for a right-of-way permit.
B. Procedures: Right-of-way permits are processed as a Type 1 decision pursuant to the
review procedures set forth in Chapter 20.80 MMC.
C. Applicability:
1. This section applies to uses and activities within the city rights-of-way as prescribed in
Title 12 MMC (Streets, Sidewalks and Public Places) requiring a right-of-way permit; and
2. The Decision Authority may waive the requirement for a right-of-way permit for work
performed by employees of the city, or by any contractor of the city performing work for
and on behalf of the city.
D. Criteria for approval: The codes and standards referenced in Chapters 12.04 through 12.12
MMC, and MMC 12.32 MMC, and other applicable ordinances, regulations as they currently
exist or are hereafter amended set forth the criteria for approving right-of-way permits.
E. Conditions of approval: The Decision Authority may attach such conditions as reasonably
necessary to safeguard the public health, general welfare, and safety.
Attachment B
F. Expiration: A right-of-way permit shall expire after 12 months from the date of issuance of
the permit or upon expiration of a building permit associated with the right-of-way work,
whichever occurs later.
20.70.030 Construction code of conduct.
A. Applicant: Any owner may submit an application for a Construction Code of Conduct.
B. Procedures:
1. Construction Code of Conducts are processed as a Type 1 decision pursuant to the
review procedures set forth in Chapter 20.80 MMC; and
2. Before the City issues permits authorizing grading, demolition or construction activity,
the property owners, designated agent, and contractor shall sign the Construction Code
of Conduct.
C. Applicability: This section applies to where a Construction Code of Conduct is required
pursuant to MMC 15.20.010.
D. Limitations: The Construction Code of Conduct is a construction mitigation plan prepared by
the City that establishes prescriptive measures for reducing construction impacts on
neighboring properties and streets. Compliance with the measures set forth in a
Construction Code of Conduct are binding on the signatories required in MMC
20.70.030(B)(2).
E. Criteria for approval: The evaluation criteria set forth in MMC 15.20.040 as they currently
exist or are hereafter amended constitute the criteria for approving a Construction Code of
Conduct.
F. Conditions of approval: The Decision Authority may attach to a Code of Conduct on a case-
by-case basis such reasonable mitigation measures as necessary to protect the public
health, general welfare and safety from the negative impacts of construction activity.
20.70.040 Substantial development permit exemption.
A. Applicant: Any owner may submit a request for a written exemption from the requirement for
a Substantial Development Permit.
B. Procedures: An exemption from a Substantial Development Permit is processed as a Type 1
decision pursuant to the review procedures set forth in Chapter 20.80 MMC.
C. Applicability: This section shall apply to activities defined as development pursuant to RCW
90.58.030(3)(a), and located within the shoreline jurisdiction as defined by the Shoreline
Management Act, and implements the provisions set forth in WAC 173-27-040 as they
currently exist or are hereafter amended.
D. Limitations:
1. Exemptions are to be construed narrowly and only development that meets the precise
terms of one or more of the listed exemptions may be granted an exemption; and
2. If any part of a proposed development is not eligible for one of the listed exemptions,
then an exemption shall not be granted.
E. Criteria for approval:
1. The development for which the exemption is sought must meet one or more of the
conditions set forth in WAC 173-27-040(2); and
2. The development must comply with and be consistent with the Medina Shoreline Master
Program (Chapters 20.60 through 20.67 MMC), WAC 173-27 (Shoreline Management
Permit and Enforcement Procedures), and RCW 90.58 (Shoreline Management Act).
F. Conditions of approval: The Decision Authority may attach conditions as necessary to
prevent undesirable effects on the shoreline area and carry out the spirit and purpose of the
Attachment B
regulations set forth in the Medina Shoreline Master Program and the Shoreline
Management Act.
20.70.050 Administrative tree removal permit.
A. Applicant: Any owner may submit an application for an Administrative Tree Removal Permit.
B. Procedures: Administrative Tree Removal Permits are processed as a Type 1 decision
pursuant to the review procedures set forth in Chapter 20.80 MMC.
C. Applicability: This section applies to the removal of significant trees as set forth in Chapter
12.28 MMC.
D. Criteria for approval: The criteria for approving an Administrative Tree Removal Permit are
those set forth in MMC 12.28.050 and 12.28.060 as they currently exist or are hereafter
amended.
E. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
F. Lapse of approval:
1. An Administrative Tree Removal Permit shall expire after 18 months from the later date
of the decision being issued or an appeal becoming final;
2. Expiration of the Administrative Tree Removal Permit is automatic and notice is not
required; and
3. No extension of the time period for the permit is allowed.
20.70.060 Temporary use permit.
A. Applicant: Any owner may submit an application for a Temporary Use Permit.
B. Procedures: Temporary Use Permits are processed as a Type 1 decision pursuant to the
review procedures set forth in Chapter 20.80 MMC.
C. Applicability: This section shall apply to those uses authorized as temporary uses pursuant
to Chapter 20.35 MMC.
D. Limitations: Only one Temporary Use Permit may be granted within a five-year time period
from the date the original Temporary Use Permit is issued, except a second Temporary Use
Permit may be granted if:
1. For temporary public facilities:
a. In the opinion of the Director, a significantly different public facility will occupy the use
of the property;
b. The second Temporary Use Permit is consistent with the requirements set forth in
this chapter; and
c. No additional Temporary Use Permit is approved for at least five years following
approval of the second Temporary Use Permit.
2. For temporary wireless communication facilities:
a. A complete Non-administrative Special Use Permit application has been submitted to
the city;
b. The extension of time, at the discretion of the Director, is necessary to allow for the
processing of permits and construction of facilities; and
c. No additional Temporary Use Permit is approved for at least five years following
approval of the second Temporary Use Permit.
E. Criteria for approval: The Decision Authority may approve a Temporary Use Permit only
when the following criteria are satisfied:
1. The temporary use will not materially be detrimental to the public health, safety, or
welfare, or injurious to property or improvements in the immediate vicinity;
Attachment B
2. For a temporary public facility, there is adequate parking within a sufficient proximity to
the site for employees, city vehicles and customers;
3. Except in the case of emergencies, the temporary use will not cause noise, light or glare
which adversely impacts surrounding uses; and
4. The temporary use shall comply with all codes applicable to development, such as
zoning and building codes, except as otherwise provided for in MMC 20.35.040 and
MMC 20.35.050.
F. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
20.70.070 Accessory dwelling unit registration.
A. Applicability. Any owner installing an Accessory Dwelling Unit (ADU) pursuant to MMC
20.34.020 shall apply for an accessory dwelling unit registration.
B. Review procedures: Approval of an accessory dwelling unit is processed as a Type 1
decision pursuant to the requirements set forth in Chapter 20.80 MMC.
C. Approval criteria. The Decision Authority may approve an ADU only when the following
criteria are met:
1. The ADU meets the requirements set forth in MMC 20.34.020;
2. The property owner enters into a written agreement with the City to occupy the primary
single-family dwelling, or the ADU pursuant to MMC 20.70.070(D); and
3. The property owner agrees to maintain the ADU in compliance with the requirements in
MMC 20.34.020.
D. Written agreement.
1. Before a certificate of occupancy is issued for the ADU, the property owner shall
complete, sign, have notarized, and record an ADU registration form.
2. The contents of the ADU registration form shall include the following:
a. The street address and legal description of the property where the accessory
dwelling unit is located;
b. The written agreement for occupancy as prescribed in MMC 20.70.070(C)(2);
c. The written agreement to maintain the ADU as prescribed in MMC 20.70.070(C)(3);
and
d. Any other relevant information determined necessary by the Decision Authority.
3. The property owner shall record the ADU registration with King County Recorder’s
Office. A copy of the recorded document and recording number shall be provided to the
city.
4. The ADU registration may be cancelled under the following conditions:
a. The property owner may cancel the ADU registration if:
i. The ADU is permanently removed from the property; or
ii. The property owner provides to the city evidence that the use has been removed
and obtains approval from the city to cancel the ADU registration; and
iii. The property owner records a certificate of cancellation with King County
Recorder’s Office and provides a copy of the recorded certificate of cancellation
to the city.
b. The City may cancel the ADU registration if the property owner fails to comply with
the general requirements in MMC 20.34.020. Cancellation of the ADU registration
shall be in accordance with the following procedures:
i. The City provides a notice of cancellation to the property owner who shall have a
right to appeal the decision to cancel pursuant to MMC 20.80.220 for a Type 1
decision;
Attachment B
ii. Once a decision to cancel becomes final, the City shall record a certificate of
cancellation with King County Recorder’s Office;
iii. A copy of the recorded certificate of cancellation shall be provided to the property
owner after which the use as an accessory dwelling unit shall cease.
E. Lapse of approval. Approval of an accessory dwelling unit shall expire if the building
permit for the accessory dwelling unit expires and substantial construction of the
accessory dwelling unit has not started. Approval of an accessory dwelling unit shall
also expire if the use is abandoned during its existence, or if a certificate of cancellation
is recorded.
Attachment B
Chapter 20.71
Administrative Discretionary Approvals
20.71.010 Minor deviation.
20.71.020 Administrative variance.
20.71.030 Administrative special use permit.
20.71.040 Level 1 Tailor Construction Mitigation Plan.
20.71.050 Administrative right-of-way tree trimming/ removal permit.
20.71.060 Administrative substantial development permit.
20.71.010 Minor deviation.
A. Purpose: The purpose of a Minor Deviation is:
1. To allow for minor departures from numeric development standards for remodeling
projects; and
2. To allow flexibility in design while preserving nonconforming conditions with respect to
setback requirements and maximum building heights.
B. Applicant: Any owner may submit an application for a minor deviation.
C. Procedures: Minor Deviations are processed as a Type 2 decision pursuant to the review
procedures set forth in Chapter 20.80 MMC.
D. Applicability: A Minor Deviation may be approved for the following:
1. Departures by five percent or less from any numeric development standard provided:
a. If the numeric development standard is expressed as a percentage, the five percent
is calculated as the numeric percentage multiplied by 1.05; and
b. Requests for departures may include qualifying conditions such as structural
coverage bonuses and height bonuses.
2. Departures from building height and zoning setback standards to allow a building
addition to match an existing nonconforming building height or setback that was legally
established provided:
a. Matching a nonconforming building height means a building addition extending
above the maximum zoning height applicable to the building, but the highest point of
the addition does not exceed the highest point of the roof of the existing building; or
b. Matching a nonconforming zoning setback means a building addition extending into
the setback area, but the addition does not extend closer to the property line than the
closest point of the existing building, excluding gutters; and
c. The total above-ground bulk of the building located within the nonconforming height
or setback envelope does not occupy more than 60 percent of the maximum possible
above-ground bulk that could otherwise be built within the nonconforming building
height or setback envelope with approval of a minor deviation.
E. Limitations: A Minor Deviation shall not be approved for the following:
a. Where the request is to obtain final approval of a structure that compliance with the
numeric development standard was represented in the building permit application,
but subsequent construction is noncompliant; or
b. Where the project consists of a building alteration or improvement that was
completed at any time within the previous five years; or
c. Where the request is to increase the amount of bulk inside a setback area, or above
a height limitation, and the lot area of the site is 16,000 square feet or greater.
F. Criteria for approval: The Decision Authority may approve a Minor Deviation only if the
following criteria are satisfied:
Attachment B
1. The minor deviation does not constitute a granting of special privilege inconsistent with
the limitation upon uses of other properties in the vicinity and zone in which the subject
property is located; and
2. The granting of such minor deviation will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in which the
subject property is situated; and
3. The proposed development will not substantially reduce the amount of privacy enjoyed
by adjoining property owners than if the development was built as specified by the
Zoning Code; and
4. For departures set forth in MMC 20.71.010(D)(1), the minor deviation is necessary,
because of special circumstances relating to the size, shape, topography, location or
surroundings of the subject property, to provide it with use rights and privileges permitted
to other properties in the vicinity and in the zone in which the subject property is located.
G. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
H. Lapse of approval:
1. An approved Minor Deviation shall expire after one year from the later date of the
decision being issued or an appeal becoming final unless a complete building permit
application is submitted; and
2. Expiration of the Minor Deviation is automatic and notice is not required; and
3. The Director may grant a single six month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension.
20.71.020 Administrative variance.
A. Purpose: The purpose of Administrative Variances is to allow minor relief from specific
zoning standards.
B. Applicant: Any owner may submit an application for an Administrative Variance.
C. Procedures: Administrative Variances are processed as a Type 2 decision pursuant to the
review procedures set forth in Chapter 20.80 MMC.
D. Applicability: An Administrative Variance may be granted for the following:
1. Fences and walls less than eight feet in height; or
2. Structural coverage increases provided:
a. The increase is for less than one percent of the lot area; and
b. If existing structural coverage on the lot exceeds the Zoning Code, the total structural
coverage will not exceed the structural coverage increase permitted in MMC
20.71.020(2)(a) plus the lesser amount between the existing structural coverage on
the lot and the structural coverage on the lot on the date the structure became
nonconforming with regards to structural coverage.
E. Criteria for approval: The Decision Authority may approve an Administrative Variance only if
the following criteria are satisfied:
1. The variance does not constitute a granting of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and zone in which the subject
property is located; and
2. The variance is necessary, because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property, to provide it with use rights
and privileges permitted to other properties in the vicinity and in the zone in which the
subject property is located; and
Attachment B
3. The granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject
property is situated; and
4. The variance is the minimum necessary to provide reasonable relief.
F. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
G. Lapse of approval:
1. An approved Administrative Variance shall expire after one year from the later date of
the decision being issued or an appeal becoming final unless a complete building permit
application is submitted; and
2. Expiration of the Administrative Variance is automatic and notice is not required; and
3. The Director may grant a single six month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension.
20.71.030 Administrative special use permit.
A. Purpose: The purpose of Administrative Special Use Permits is to allow certain uses, which
by their nature can have an undue impact upon other uses of land, but also by their nature
warrant a less cumbersome approval process than a Non-administrative Special Use Permit.
B. Applicant: Any owner may submit an application for an Administrative Special Use Permit.
C. Procedures: Administrative Special Use Permits are processed as a Type 2 decision
pursuant to the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: This section shall apply to uses and activities listed or referenced as requiring
an Administrative Special Use Permit.
E. Criteria for approval: The Decision Authority may approve an Administrative Special Use
Permit only if the following criteria are satisfied:
1. The use is compatible with and meets the spirit of the comprehensive plan;
2. The use is designed to minimize detrimental effects on neighboring properties;
3. The use satisfies all requirements specified for the use;
4. The use complies with all applicable zoning and development standards and
requirements; and
5. The use will have no materially detrimental effects on neighboring properties due to
excessive noise, lighting, off-site traffic generation, or other interferences with the
peaceful use and possession of said neighboring properties.
F. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
G. Lapse of approval:
1. An approved Administrative Special Use Permit shall expire after one year from the later
date of the decision being issued or an appeal becoming final unless a complete building
permit application is submitted; and
2. Expiration of the Administrative Special Use Permit is automatic and notice is not
required; and
3. The Director may grant a single six month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension.
Attachment B
20.71.040 Level 1 Tailored Construction Mitigation Plan.
A. Purpose: The purpose of a Level 1 Tailored Construction Mitigation Plan is to mitigate the
adverse effects on adjacent properties and public streets caused by major construction
projects.
B. Applicant: Any owner may submit an application for a Level 1 Tailored Construction
Mitigation Plan.
C. Procedures:
1. Level 1 Tailored Construction Mitigation Plans are processed as a Type 2 decision
pursuant to the review procedures set forth in Chapter 20.80 MMC; and
2. Before the City issues permits authorizing grading, demolition or construction activity,
the property owners, designated agent, and contractor shall sign the Level 1 Tailored
Construction Mitigation Plan.
D. Applicability: This section applies to where a Level 1 Tailored Construction Mitigation Plan is
required pursuant to the criteria in Chapter 15.20 MMC.
E. Limitations: The Tailored Construction Mitigation Plan is a construction mitigation plan
consisting of both city-developed and applicant-proposed measures for reducing
construction impacts on neighboring properties and streets. The measures set forth in a
Level 1 Tailored Construction Mitigation Plan are binding on all of the signatories required in
MMC 20.71.040(C)(2).
F. Criteria for approval: The criteria for approval of a Level 1 Tailored Construction Mitigation
Plan are those set forth in MMC 15.20.040, as it currently exists or is hereafter amended.
G. Conditions of approval: The Decision Authority may attach reasonable mitigation measures
as necessary to protect the public health, safety and general welfare from the impacts of
construction activity.
H. Lapse of approval: A Level 1 Tailored Construction Mitigation Plan shall remain in effect until
such time all construction permits associated with the Level 1 Tailored Construction
Mitigation Plan expires.
20.71.050 Administrative right-of-way tree trimming/ removal permit.
A. Purpose: The purpose of an Administrative Right-of -way Tree trimming/ Removal Permit is
to authorize removal or pruning of trees and vegetative cover consistent with the Medina
Tree Code.
B. Applicant: Any owner may submit an application for an Administrative Right-of-way Tree
trimming/ Removal Permit, subject to the limitation in MMC 20.71.050(E).
C. Procedures: Administrative Right-of-way Tree trimming/ Removal Permits are processed as
a Type 2 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: This section shall apply to the following:
1. All trimming, pruning or removal of trees in a city right-of-way, except as provided in
MMC 20.71.050(D)(2);
2. The following tree trimming, pruning and removal activity shall be exempt from the
requirements of this section:
a. Trimming and pruning that:
i. Follows ANSI standards;
ii. Does not endanger the life of the tree as determined by the City;
iii. Limbs being removed do not exceed three inches in diameter; and
iv. Not more than 25 percent of the tree canopy is removed consistent with the other
criteria in this subsection;
b. Removal of trees that pose an immediate danger to life or property, or substantial fire
hazard, provided that prior consent by the Director is given; or
Attachment B
c. Trees rated as hazardous by the City Arborist consistent with the criteria in Chapter
12.28 MMC;
d. Any trimming, pruning or removal of trees performed by the city.
E. Limitation: Only owners immediately adjacent to the right-of-way area where the subject
tree is located may submit for an Administrative Right-of-way Tree trimming/ Removal
Permit.
F. Criteria for approval: The Decision Authority may approve an Administrative Right-of-way
Tree trimming/ Removal Permit only if the following criteria are satisfied:
1. The proposal is compatible with Chapter 3, Community Design Element, of the
comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. The tree trimming, pruning or removal will have no materially detrimental effects on
nearby properties;
4. Trees defined as significant trees are not removed unless removal is necessary to
provide access to a property or removal is for safety purposes (e.g., trees in danger of
falling or losing significant limbs, or to provide clear view lines of sight for drivers of
motorized vehicles);
5. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC
standards for removed trees;
6. Tree trimming or pruning is done in accordance with the following:
a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the
area, unless supported by ANSI Standard A300;
b. The trimming or pruning does not adversely affect adjoining and nearby properties
regarding erosion control, noise control, shade, or other existing landscaping within
the unimproved areas of the right-of-way; and
c. The trimming or pruning complies with ANSI Standard A300 and does not cause
unnecessary mutilation or damage to the tree.
G. The Decision Authority may attach reasonable conditions as necessary to safeguard the
public health, general welfare and safety.
H. Lapse of approval:
1. An Administrative Right-of-way Tree trimming/ Removal Permit shall expire after 18
months from the later date of the decision being issued or an appeal becoming final;
2. Expiration of the Administrative Right-of-way Tree trimming/ Removal Permit is
automatic and notice is not required; and
3. No extension of the time period for the permit is allowed.
20.71.060 Administrative substantial development permit.
A. Purpose: The purpose of an Administrative Substantial Development Permit is to regulate
developments and uses of water bodies and associated upland areas to protect human
health and the natural environment, but by the scope of the development warrant a less
cumbersome approval process.
B. Applicant: Any owner may submit an application for an Administrative Substantial
Development Permit.
C. Procedures: Administrative Substantial Development Permits are processed as a Type 2
decision pursuant to the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: This section shall apply to activities within the meaning of the term
development” as defined in RCW 90.58.030(3)(a), and located within the shoreline
jurisdiction as defined by the Shoreline Management Act, provided:
Attachment B
1. The development is not exempt from a Substantial Development Permit pursuant to
WAC 173-27-040 as it currently exists or is hereafter amended; and
2. The development does not include any dredging waterward of the ordinary high water
mark; and
3. The development does not include grading activity involving more than 500 cubic yards
of material within the shoreline jurisdiction, excluding fill material used specifically for fish
and wildlife habitat restoration; and
4. The total cost or fair-market value of the entire proposed development does not exceed
50,000 provided:
a. The calculation for total cost or fair-market value shall include all costs, excluding
permit fees and taxes, associated with development on the property during a period
beginning from the date an application for the Administrative Substantial
Development Permit is submitted and ending 18 months after the date all permits
issued by the City for the property are finalized; and
b. Development may not be divided into phases for the purpose of avoiding a higher
designation of decision type, except as provided in MMC 20.71.060(D)(4)(a).
E. Additional submittal requirements: In addition to the requirements set forth in MMC
20.80.080, the applicant shall provide the following with an Administrative Substantial
Development Permit:
1. A site plan containing the following:
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
d. A general description of the vicinity of the proposed project, including identification of
adjacent uses, structures and improvements, intensity of development and physical
characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location provided that for any development where a
determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark the mark shall be located precisely and
the biological and hydrological basis for the location as indicated on the plans
shall be included in the development plan;
ii. Where the ordinary high water mark is neither adjacent to or within the boundary
of the project, the site plan shall indicate the distance and direction to the nearest
ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/ or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source, and composition of all fill material that is placed on the site, whether
temporary or permanent;
5. Quantity, composition and destination of all excavated and/ or dredged material; and
6. Additional submittal information set forth in the Shoreline Master Program for the use.
F. Criteria for approval: The Decision Authority may approve an Administrative Substantial
Development Permit only if the following criteria are satisfied:
1. The proposed development is consistent with the policy and provisions of the State
Shoreline Management Act of 1971 (RCW 90.58);
Attachment B
2. The proposed development is consistent with the State Shoreline Management Permit
and Enforcement Procedures (WAC 173-27); and
3. The proposed development is consistent with the requirements of the Medina Shoreline
Master Program.
G. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to prevent undesirable effects of the proposed development and to assure
consistency of the development with the Shoreline Management Act and the Medina
Shoreline Master Program.
H. Revisions to permit: Revisions to an Administrative Substantial Development Permit shall
be consistent with WAC 173-27-100 as it currently exist or is hereafter amended.
I. Lapse of Approval. Administrative Substantial Development Permit shall expire as set forth
in WAC 173-27-090 and amendments thereto.
Attachment B
Chapter 20.72
Quasi-judicial Approvals
20.72.010 Non-administrative special use/ conditional use permit.
20.72.020 Historical use permit.
20.72.030 Variance.
20.72.040 Site plan review.
20.72.050 Reclassification of Zoning.
20.72.060 Reasonable use exception.
20.72.070 Public agency and utility critical areas exception.
20.72.080 Level 2 Tailor Construction Mitigation Plan.
20.72.090 Non-administrative right-of -way tree trimming/ removal permit.
20.72.100 Non-administrative tree removal permit.
20.72.110 Substantial development permit.
20.72.120 Shoreline conditional use permit.
20.72.130 Shoreline variance.
20.72.010 Non-administrative special use permit/ conditional use permit.
A. Purpose: The purpose of Non-administrative Special Use and Conditional Use Permits is to
allow certain uses which, by their nature, can have an undue impact upon other uses of land
within the zoning district, subject to the controls, limitations and regulations of a Non-
administrative Special Use Permit/ Conditional Use Permit.
B. Applicant: Any owner may submit an application for a Non-administrative Special Use Permit
or Conditional Use Permit.
C. Procedures: Non-administrative Special Use Permit/ Conditional Use Permits are processed
as a Type 3 decision pursuant to the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: Uses and activities listed or referenced as requiring a non-administrative
special use or a conditional use permit.
E. Criteria for approval. The Decision Authority may approve a Non-administrative Special Use
Permit or Non-administrative Conditional Use Permit only if the following criteria are
satisfied:
1. The use complies with the adopted goals and policies set forth in the comprehensive
plan;
2. The use is designed to minimize detrimental effects on neighboring properties;
3. The use satisfies all requirements specified for the use;
4. The use complies with all applicable zoning and development standards and
requirements; and
5. The use will have no materially detrimental effects on neighboring properties due to
excessive noise, lighting, off-site traffic generation, or other interferences with the
peaceful use and possession of said neighboring properties.
F. Conditions of approval: The Decision Authority may impose reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
G. Lapse of approval:
1. An approved Non-administrative Special Use Permit shall expire after one year from the
later date of the decision being issued or an appeal becoming final unless a complete
building permit application is submitted; and
2. Expiration of the Non-administrative Special Use Permit is automatic and notice is not
required; and
Attachment B
3. The Director may grant a single six month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension.
20.72.020 Historical use permit.
A. The purpose of Historical Use Permits is to serve as a mechanism for reestablishing a use
on a property where that use had historically existed at one time on the property, but
subsequently the rights to the use had ceased.
B. Applicant: Any owner may submit an application for a Historical Use Permit.
C. Procedures: Historical Use Permits are processed as a Type 3 decision pursuant to the
review procedures set forth in Chapter 20.80 MMC.
D. Applicability: Uses identified as a historical use requiring authorization to reestablish the use
pursuant to Chapter 20.33 MMC.
E. Deviations to zoning regulations authorized: Where unnecessary hardships or practical
difficulties are created for the historical use by application of specific zoning regulations,
deviations from the specific zoning regulation may be granted under the approval of a
Historical Use Permit.
F. Criteria for approval: The Decision Authority may approve a Historical Use Permit only if the
following criteria are satisfied:
1. The applicant demonstrates that the use was an established use on the date the city
incorporated;
2. The use will not have materially detrimental effects on neighboring properties due to
excessive noise, lighting or other interference with the peaceful use and possession of
said neighboring properties;
3. The use has been designed to minimize adverse effects on neighboring properties,
taking into account the historical use of the property; and
4. If a deviation pursuant to MMC 20.72.020(E) is requested, approval of the deviation
must relate to the use of the land or to structures containing the historical use.
G. Conditions of approval: The Decision Authority may impose reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
H. Lapse of approval:
1. An approved Historical Use Permit shall expire after one year from the later date of the
decision being issued or an appeal becoming final unless a complete building permit
application is submitted; and
2. Expiration of the Historical Use Permit is automatic and notice is not required; and
3. The Director may grant a single six month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension.
20.72.030 Non-administrative variance.
A. Purpose: The purpose for a Non-administrative Variance is to provide property owners relief
from certain provisions of this title where conditions justify such relief on a case-by-case
basis.
B. Applicant: Any owner may submit an application for a Non-administrative Variance.
C. Procedures: Non-administrative Variances are processed as a Type 3 decision pursuant to
the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: Circumstances where relief from a dimensional standard is sought subject to
the limitation set forth in MMC 20.72.030(E).
E. Limitations:
Attachment B
1. Non-administrative Variances may be granted where the application of a dimensional
standard would result in an unusual or unreasonable hardship due to physical
characteristics of the site;
2. Evidence of other variances granted under similar circumstances shall not be considered
in the granting of a Non-administrative Variance; and
3. No variance shall be granted for any of the following:
a. To alter any definition or interpretation of this title;
b. To alter any provision establishing a use within a zoning district; or
c. To alter any procedural provisions.
F. Criteria for approval: The Decision Authority may approve a Non-administrative Variance
only if the following criteria are satisfied:
1. The variance does not constitute a granting of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and zone in which the subject
property is located; and
2. The variance is necessary, because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property, to provide it with use rights
and privileges permitted to other properties in the vicinity and in the zone in which the
subject property is located; and
3. The variance is necessary to relieve a material hardship that cannot be relieved by any
other means such that the material hardship must relate to the land itself and not to
problems personal to the applicant; and
4. The granting of such variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject
property is situated; and
5. The variance is the minimum necessary to provide reasonable relief.
G. Conditions of approval: The Decision Authority may attach reasonable conditions to
safeguard the public health, general welfare and safety.
H. Lapse of approval:
1. An approved Non-administrative Variance shall expire after one year from the later date
of the decision being issued or an appeal becoming final unless a complete building
permit application is submitted; and
2. Expiration of the Non-administrative Variance is automatic and notice is not required;
and
3. The Director may grant a single six month extension if the applicant makes such a
request in writing prior to the expiration date and can show good cause for granting the
extension.
20.72.040 Site plan review.
A. Purpose: The purpose of Site Plan Review is to:
1. Encourage better site planning to help ensure certain new development enhances the
character of the city and sensitively fits into the neighborhood;
2. To protect the desirable aspects of natural landscape features of the city by minimizing
undesirable impacts on the physical environment by proposed new development;
3. Improve communication and mutual understanding early and throughout the review
process among developers, neighborhoods, and the city; and
4. Create a mechanism for addressing neighborhood impacts by the layout of the site
without unreasonably interfering with an applicant’s architectural goals; and
5. Be mindful of an applicant’s reasonable expectation of privacy and/ or security of their
property.
Attachment B
6. It is not the intent of Site Plan Review to regulate the architectural style or massing of a
proposed home.
B. Applicant: Any owner may submit an application for Site Plan Review.
C. Procedures:
1. Site Plan Reviews are processed as a Type 3 decision pursuant to the review
procedures set forth in Chapter 20.80 MMC;
2. Revisions to an approved site plan review are as follows:
a. Minor revisions consistent with the scope of work already approved in the site plan
review may be approved by the Director as a Type 1 decision; or
b. All other revisions shall be processed as follows:
i. The City issues notice consistent with a notice of application set forth in MMC
20.80.110, including sending notice to all previous parties of record of the original
site plan review;
ii. If no written objections to the revision are received during the public comment
period, the Director may decide the revision as a Type 2 decision;
iii. If written objections to the revision are received during the public comment
period, the revision shall be processed as a Type 3 decision, subject to the same
process requirements for a site plan review set forth in MMC 20.80.060(C),
except a new notice of application is not required.
D. Applicability:
1. The requirements for Site Plan Review set forth in this section shall apply if one or more
of the following conditions are present:
a. Construction of a new building, or expansion or alteration of an existing building
where the lot area of the building site is 80,000 square feet;
b. Construction of a new building, or expansion or alteration of an existing building
where the lot area of the building site is at least 40,000 square feet and the lot area
is at least 50 percent larger than the average lot area of all residentially developed
lots touching the property; or
c. Construction of a new building, or expansion or alteration of an existing building
where the lot area of the building site is at least 40,000 square feet and the lot area
is at least twice the size of the lot area of the smallest residentially developed lot
touching the subject site.
2. In no case shall the following types of development require Site Plan Review under this
section:
a. Interior remodels that do not conflict with a previously approved site plan or modify
the existing layout of the building site;
b. Modifications to the exterior façade of an existing building that do not:
i. Conflict with a previously approved site plan;
ii. Modify the existing layout of the building site; or
iii. Increase the exterior bulk of the building from the perspective of the adjacent
lots;
c. Building additions that do not enlarge the building footprint by more than a total of
200 square feet during any five consecutive year time period.
d. Reconstruction of an existing building within its existing surface area footprint;
e. Construction of new buildings with a gross floor area of 1,000 square feet or less and
that are setback at least 50 feet from the following:
i. Property lines that adjoin residentially developed properties; and
ii. Property lines that are only separated from a residentially developed property by
a city right-of-way.
3. The Director may waive the requirement for a Site Plan Review if all of following are
present:
Attachment B
a. The building site is constrained by the existence of critical areas or topography in a
manner that the Director determines a site plan review will have limited to no
benefits; and
b. The City issues notice consistent with the requirements set forth for a notice of
application in MMC 20.80.110 alerting recipients of the proposed project and the
matter of the applicability of site plan review to the proposed project; and
c. No written objection to waiving the requirement for site plan review is received during
the public comment period.
E. Departures from development regulations authorized: Departures from certain development
requirements may be permitted provided the following are satisfied:
1. The departure is for the purpose of minimizing an undesirable impact that cannot be
better achieved by a strict application of the code;
2. The departure meets the Site Plan Review purpose statements set forth in MMC
20.72.040(A);
3. The departure increases the project’s conformance with the approval criteria set forth in
MMC 20.72.040(H);
4. Approval of departures under Site Plan Review is limited to the following standards:
a. Minimum setbacks, excluding shoreline setbacks;
b. Maximum structural coverage, including bonus structural coverage;
c. Maximum building and structure height;
d. On-site parking spaces;
e. Fence and wall development standards; and
f. Requirements for tree replacement set forth in MMC 12.28.060.
F. Limitations:
1. In considering site plan review, the scope of the review is intended to evaluate the
placement of primary site features and reduce negative impacts to adjacent properties.
This may require setback distances from property lines greater than the zoning
requirements. Primary features include, but are not limited to all buildings, driveways,
decks, patios, and landscaping.
2. Site Plan Review shall not include changes in the shape of a building footprint unless
unique circumstances exist caused by the configuration of the subject lot and/ or
adjoining lots. In the case of unique circumstances, changes to the shape of the building
footprint may only be required if the criteria in MMC 20.72.040(H)(3)(a) and (b) cannot
be met solely by moving the placement of a building.
G. Additional application submittal requirements: In addition to the submittal requirements set
forth in MMC 20.80.080, the applicant shall provide the following with a site plan review
application:
1. A site analysis addressing site opportunities and constraints, the use of all adjacent
buildings, and the zoning of the site and adjacent properties;
2. A site plan drawing showing topography of the site and the location of structures and
prominent landscape elements on or abutting the site (including but not limited to all
trees that are at least 24 inches diameter breast height, with species indicated);
3. Preliminary building floor plans;
4. Photos showing the facades of adjacent development, trees on the site, general
streetscape character and territorial or other views from the site, if any;
5. A graphical depiction of the property’s zoning envelope – the three-dimensional space
confined by the maximum building height and all applicable setback requirements from
the zoning code;
6. A description of the proponent’s objectives with regard to site development;
Attachment B
7. Architectural renderings of the proposed primary residence from the perspective of each
home on an abutting property coupled with photographs of existing conditions supporting
these same perspectives.
H. Criteria for approval: The Decision Authority may approve a Site Plan Review only if the
following criteria are satisfied (See Figure 20.72.040):
1. Placement of the proposed development on the property minimizes the visibility of
buildings from the perspective of the adjacent lots;
2. Placement of the proposed development does not create significant privacy impacts for
adjacent property owners;
3. The existing landscape is preserved consistent with the following:
a. The natural topography of the building site is not substantially altered;
b. Existing trees 24 inches in diameter breast height and larger and other natural
landscaping on the property are preserved to a reasonable extent;
4. If applicable, site placement measures are incorporated to accommodate large
gatherings and mitigate impacts including, but not limited to traffic, parking, noise, and
exterior lighting on the neighborhood;
5. If applicable, measures to accommodate people such as domestic employees and
groundkeepers and mitigate impacts including, but not limited to traffic, parking, and
noise; and
6. Comply with all other applicable development requirements;
Figure 20.72.040 Example of Using Site Plan Review to Place a New Home
H. Conditions of approval: The Decision Authority may attach reasonable conditions and/ or
may modify the site plan that are determined necessary to safeguard the public health,
welfare and safety (e.g., additional screening, buffering measures, building location and
orientation, modified setbacks, paving, landscaping, vegetation removal, areas of grading,
etc.).
I. Lapse of approval:
1. An approved Site Plan Review shall expire two years after the later of the date the site
plan review was approved or the date a decision on an appeal becomes final, unless a
complete building permit application is submitted prior to the later of the two dates
specified herein; and
2. Expiration of the Site Plan Review is automatic and notice is not required; and
3. The Director may grant extensions if:
a. The applicant makes such a request in writing prior to the expiration date and can
show good cause for granting the extension;
Existing
Homes
Placement of
New Home
No
Yes
Existing
Homes
Placement of
New Home Yes
No
Attachment B
b. The Director determines there have been no significant changes to any aspect of the
project setting that were the basis of the site plan review approval.
20.72.050 Reclassification of Zoning.
A. Purpose. This section establishes a mechanism for site-specific reclassification of property
or properties from one zoning district to another zoning district. The new zone must be
consistent with the comprehensive plan and approval of such requests results in a change
to the Official Medina Zoning Map.
B. Applicant: Any owner may submit an application for a Site-specific Rezone.
C. Applicability. This section applies to amendments of the Official Medina Zoning Map that
are site-specific in nature and not involving an area-wide zoning map amendment as
prescribed in Chapter 20.82 MMC.
D. Procedures. Applications for a Site-specific Rezone are processed as a Type 3 decision
pursuant to the review procedures set forth in Chapter 20.80 MMC and the following:
1. The planning commission holds an open-record public hearing and makes a
recommendation in writing to the city council;
2. The planning commission shall issue its written recommendation within 45 calendar days
of the closing of the open record hearing;
3. The planning commission’s written recommendation shall include the following:
a. Statement of the facts presented that supports the recommendation;
b. A statement of the conclusions reached based on those facts;
c. Any conditions or restrictions that are recommended to be placed upon the rezone;
and
d. The date of issuance of the recommendation;
4. The city council shall consider the planning commission’s written recommendation no
later than their next regularly scheduled meeting after the planning commission issues
their recommendation;
5. The city council shall decide the Site-specific Rezone application at a closed record
meeting;
6. The 120-day processing timeline set forth in MMC 20.80.210 may be extended as
reasonably necessary to allow the city council to deliberate on the planning
commission’s recommendation at a regularly scheduled meeting.
E. Limitations: If a comprehensive plan amendment is required in order to satisfy MMC
20.72.050(F)(1), approval of the comprehensive plan amendment is required prior to or
concurrently with the granting of an approval on the rezone.
F. Approval criteria: The City Council may approve a Site-specific Rezone only if the following
criteria are satisfied:
1. The rezone is consistent with the comprehensive plan, or will be consistent with the
comprehensive plan if a comprehensive plan amendment is proposed to be approved
concurrently with the rezone approval;
2. The rezone bears a substantial relationship to the public health, general welfare and
safety;
3. The rezone is appropriate because:
a. The rezone will not result in a reclassification to a zoning district where the lot area of
the subject property is greater than 120 percent of the required minimum lot area of
the new zoning district. (e.g., a 20,000 square foot R-20 zoned lot could be rezoned
to R-30 (67 percent of the minimum 30,000 square feet lot size), but not to R-16 (125
percent of the minimum 16,000 square feet lot size)); or
b. The rezone will correct a zone classification or zone boundary that was inappropriate
when established; and
Attachment B
4. The rezone is not a spot rezone.
20.72.060 Reasonable use exception.
A. Purpose: The purpose for a Reasonable Use Exception is to permit development of a site
only when application of Chapter 18.12 MMC (Critical Areas) would deny all reasonable
uses of a site.
B. Applicant: Any owner may submit an application for a Reasonable Use Exception.
C. Procedures: Reasonable Use Exceptions are processed as a Type 3 decision pursuant to
the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: This section shall apply where applying the critical areas regulations set forth in
Chapter 18.12 MMC would deny all reasonable use of the subject property.
E. Additional application submittal requirements: In addition to the submittal requirements set
forth in MMC 20.80.080, the applicant shall provide the following with a Reasonable Use
Exception application:
1. Critical area report consistent with the requirements of MMC 18.12.150;
2. Mitigation plan consistent with the requirements in Chapter 18.12 MMC, if necessary;
3. Applications/ approvals from other agencies, as applicable;
4. Special studies prepared to support the reasonable use exception; and
5. SEPA documents.
F. Criteria for approval: The Decision Authority may approve a Reasonable Use Exception only
if the following criteria are satisfied:
1. The application of the critical areas regulations would deny all reasonable use of the
property;
2. The proposed development does not pose an unreasonable threat to the public health,
general welfare, or safety on or off the site, nor does it damage nearby public or private
property;
3. Any alteration of the critical area and/ or buffer is the minimum necessary to allow for
reasonable use of the property;
4. The inability of the applicant to derive reasonable use of the property is not the result of
actions by the applicant or their predecessors;
5. Any impacts permitted to the critical area and/ or buffer is mitigated in accordance with
MMC 18.12.160 and 18.12.180 to the greatest extent feasible;
6. The proposed development protects critical areas and/ or buffer functions and values
consistent with the best available science;
7. The proposed development is consistent with other applicable regulations and
requirements.
G. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
20.72.070 Public agency and utility critical areas exception.
A. Purpose: The purpose of a Public Agency and Utility Critical Areas Exception is to allow
development within a critical area by a public agency or public utility, which would otherwise
be prohibited by the critical areas regulations.
B. Applicant: An owner, or a federal, state or local agency, or a public utility, or their authorized
agents who has written authorization to act on their behalf may submit an application for a
Public Agency and Utility Critical Areas Exception.
C. Procedures: Public Agency and Utility Critical Areas Exceptions are processed as a Type 3
decision pursuant to the review procedures set forth in Chapter 20.80 MMC.
Attachment B
D. Applicability: This section shall apply where applying the critical areas regulations set forth
in Chapter 18.12 MMC would deny development by a public agency or public utility.
E. Additional application submittal requirements: In addition to the submittal requirements set
forth in MMC 20.80.080, the applicant shall provide the following with a Public Agency and
Utility Critical Areas Exception application:
1. Critical area report consistent with the requirements in MMC 18.12.150;
2. Mitigation plan consistent with the requirements in Chapter 18.12 MMC, if necessary;
3. Applications/ approvals from other agencies, as applicable;
4. Special studies prepared to support the reasonable use exception; and
5. SEPA documents.
F. Criteria for approval: The Decision Authority may approve a Public Agency and Utility Critical
Areas Exception only if the following criteria are satisfied:
1. There is no other practical alternative to the proposed development with less impact on
critical areas and/or buffers;
2. The application of the critical areas regulations would unreasonably restrict the ability to
provide utility services to the public; and
3. The proposal meets the following conditions:
a. It minimizes the impact on critical areas and/or buffers in accordance with MMC
18.12.170;
b. It does not pose an unreasonable threat to the public health, general welfare or
safety on or off the site, nor does it damage nearby public or private property;
c. Any impacts permitted to the critical area and/ or buffer is mitigated in accordance
with MMC 18.12.160 and 18.12.180 to the greatest extent feasible;
d. The proposal protects critical areas and/ or buffer functions and values consistent
with the best available science; and
e. It is consistent with other applicable regulations and requirements.
G. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to safeguard the public health, general welfare and safety.
20.72.080 Level 2 Tailored Construction Mitigation Plan.
A. Purpose: The purpose of a Level 2 Tailored Construction Mitigation Plan is to mitigate the
adverse effects on adjacent properties and public streets caused by major construction
projects.
B. Applicant: Any owner may submit an application for a Level 2 Tailored Construction
Mitigation Plan.
C. Procedures:
1. Level 2 Tailored Construction Mitigation Plans are processed as a Type 3 decision
pursuant to the review procedures set forth in Chapter 20.80 MMC; and
2. Before the City issues permits authorizing grading, demolition or construction activity,
the property owners, designated agent, and contractor shall sign the Level 2 Tailored
Construction Mitigation Plan.
D. Applicability: This section applies to where a Level 2 Tailored Construction Mitigation Plan is
required pursuant to the criteria in Chapter 15.20 MMC.
E. Limitations: The Level 2 Tailored Construction Mitigation Plan is a construction mitigation
plan consisting of both city-developed and applicant-proposed measures for reducing
construction impacts on neighboring properties and streets. The measures set forth in a
Level 2 Tailored Construction Mitigation Plan are binding on all of the signatories required in
MMC 20.72.080(C)(2)..
F. Criteria for approval: The evaluation criteria set forth in MMC 15.20.040 shall serve as the
criteria for approving a Level 2 Tailored Construction Mitigation Plan.
Attachment B
G. Conditions of approval: The Decision Authority may attach such mitigation measures as
necessary to protect the public health, safety and general welfare from the impacts of
construction activity.
H. Lapse of approval: A Level 2 Tailored Construction Mitigation Plan shall remain in effect until
such time all construction permits associated with the construction mitigation plan expires.
20.72.090 Non-administrative right-of-way tree trimming/ removal permit.
A. Purpose: The purpose of a Non-administrative Right-of-way Tree Trimming/ Removal Permit
is to authorize removal or pruning of trees and vegetative cover in the public right-of-way
consistent with the Medina Tree Code.
B. Applicant: Any owner, or any public or private agencies authorized to use the city right -of-
way, or their authorized agents who has written authorization to act on their behalf, may
submit an application for a Non-administrative Right-of-way Tree Trimming/ Removal Permit.
C. Procedures: Non-administrative Right-of-way Tree Trimming/ Removal Permits are
processed as a Type 3 decision pursuant to the review procedures set forth in Chapter
20.80 MMC.
D. Applicability: This section shall apply to the following:
1. All trimming, pruning or removal of trees in a city right-of-way, except as provided in
MMC 20.72.090(D)(2);
2. The following tree trimming, pruning and removal activity in a city right-of-way shall be
exempt from the requirements of this section, except as prescribed in MMC
20.72.090(E):
a. Trimming and pruning that:
i. Follows ANSI standards;
ii. Does not endanger the life of the tree as determined by the City;
iii. Limbs being removed do not exceed three inches in diameter; and
iv. Not more than 25 percent of the canopy of the tree is removed consistent with
the other criteria in this subsection;
b. Removal of trees that pose an immediate danger to life or property, or substantial fire
hazard, provided prior consent by the Director is given; or
c. Trees rated as hazardous by the City Arborist consistent with the criteria in Chapter
12.28 MMC;
d. Any trimming, pruning or removal of trees performed by the city;
3. Tree trimming, pruning and removal activity that is subject to the provisions in MMC
20.71.050.
E. Limitation: The exemptions set forth in MMC 20.72.090(D)(2) shall not apply to public and
private utilities.
F. Criteria for approval: The Decision Authority may approve a Non-administrative Right-of-way
Tree Trimming/ Removal Permit only if the following criteria are satisfied:
1. The proposal is compatible with Chapter 3, Community Design Element, of the
comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. The tree trimming, pruning or removal will have no materially detrimental effects on
nearby properties;
4. Trees defined as significant trees are not removed unless removal is necessary to
provide access to a property or removal is for reasons of safety (e.g., trees in danger of
falling or losing significant limbs, or to provide clear view lines of sight for drivers of
motorized vehicles);
Attachment B
5. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC
standards for removed trees;
6. Tree trimming or pruning is done in accordance with the following:
a. The trimming or pruning does not exceed 25 percent of the canopy of the tree in the
area, unless supported by ANSI Standard A300;
b. The trimming or pruning does not adversely affect adjoining and nearby properties
regarding erosion control, noise control, shade, or other existing landscaping within
the unimproved areas of the right-of-way; and
c. The trimming or pruning complies with ANSI Standard A300 and does not cause
unnecessary mutilation or damage to the tree.
G. The Decision Authority may attach reasonable conditions as necessary to safeguard the
public health, general welfare and safety.
H. Lapse of approval:
1. A Non-administrative Right-of-way Tree Trimming/ Removal Permit shall expire within 18
months from the later date of the decision being issued or an appeal becoming final;
2. Expiration of the Non-administrative Right-of-way Tree Trimming/ Removal Permit is
automatic and notice is not required; and
3. No extension of the time period for the permit is allowed.
20.72.100 Non-administrative tree removal permit.
A. Purpose: The purpose of a Non-administrative Tree Removal Permit is to authorize removal
of large significant trees consistent with the Medina Tree Code.
B. Applicant: Any owner may submit an application for a Non-administrative Tree Removal
Permit.
C. Procedures: Non-administrative Tree Removal Permits are processed as a Type 3 decision
pursuant to the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: This section shall apply to removal of any significant tree on private property
where the tree has a 50-inch or greater diameter at breast height and the tree is not located
within the new building footprint on a property undergoing development.
E. Criteria for approval: The Decision Authority may approve a Non-administrative Tree
Removal Permit only if the following criteria are satisfied:
1. The proposal is compatible with Chapter 3, Community Design Element, of the
comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. The tree removal will have no materially detrimental effects on nearby properties;
4. Tree replacement mitigation is provided in accordance with Chapter 12.28 MMC
standards for removed trees;
5. All other ordinances, regulations and policies applicable to tree removal are followed.
F. The Decision Authority may attach reasonable conditions as necessary to safeguard the
public health, general welfare and safety.
G. Lapse of approval:
1. A Non-administrative Tree Removal Permit shall expire after 18 months from the later
date of the decision being issued or an appeal becoming final;
2. Expiration of the Non-administrative Tree Removal Permit is automatic and notice is not
required; and
3. No extension of the time period for the permit is allowed.
Attachment B
20.72.110 Substantial development permit.
A. Purpose: The purpose of a Substantial Development Permit is to regulate development and
uses of water bodies and associated upland areas consistent with the Medina Shoreline
Master Program.
B. Applicant: Any owner may submit an application for a Substantial Development Permit.
C. Procedures: Substantial Development Permits are processed as a Type 3 decision pursuant
to the review procedures set forth in Chapter 20.80 MMC.
D. Applicability: This section shall apply to activities and uses defined as development pursuant
to RCW 90.58.030(3)(a) and located within the shoreline jurisdiction as defined by the
Shoreline Management Act, provided:
1. The development does not qualify for an exemption as set forth in MMC 20.70.040;
2. The development does not qualify for an Administrative Substantial Development Permit
as set forth in MMC 20.71.060.
E. Additional submittal requirements: In addition to the requirements set forth in MMC
20.80.080, an application for a Substantial Development Permit shall include the following:
1. A site plan containing the following:
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
d. A general description of the vicinity of the proposed project, including identification of
adjacent uses, structures and improvements, intensity of development and physical
characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location provided that for any development where a
determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark the mark shall be located precisely and
the biological and hydrological basis for the location as indicated on the plans
shall be included in the development plan;
ii. Where the ordinary high water mark is neither adjacent to or within the boundary
of the project, the site plan shall indicate the distance and direction to the nearest
ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/ or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source and composition of all fill material that is placed on the site whether
temporary or permanent;
5. Quantity, composition and destination of all excavated and/ or dredged material; and
6. Additional submittal information set forth in the Medina Shoreline Master Program for the
use.
F. Criteria for approval. The Decision Authority may approve a Substantial Development Permit
only if the following criteria are satisfied:
1. The proposed development is consistent with the policy and provisions of the State
Shoreline Management Act of 1971 (RCW 90.58);
2. The proposed development is consistent with the State Shoreline Management Permit
and Enforcement Procedures (WAC 173-27); and
Attachment B
3. The proposed development is consistent with the provisions of the Medina Shoreline
Master Program.
G. Conditions of approval: The Decision Authority may attach such conditions as to prevent
undesirable effects of the proposed development and to assure consistency of the
development with the Shoreline Management Act and the Medina Shoreline Master
Program.
H. Revisions to permit: Revisions to a Substantial Development Permit shall be consistent with
WAC 173-27-100.
I. Lapse of Approval. Substantial Development Permit shall expire as set forth in WAC 173-27-
090 and amendments thereto.
20.72.120 Shoreline conditional use permit.
A. Purpose: The purpose of a Shoreline Conditional Use Permit is to provide a system within
the Medina Shoreline Master Program which allows flexibility in the application of use
regulations in a manner consistent with the policies of RCW 90.58.020.
B. Applicant: Any owner may submit an application for a Shoreline Conditional Use Permit. .
C. Procedures:
1. Shoreline Conditional Use Permits are processed as a Type 3 decision pursuant to the
review procedures set forth in Chapter 20.80 MMC; and
2. Shoreline Conditional Use Permits approved by the City are transmitted to the
Washington State Department of Ecology pursuant to WAC 173-27-200 for Ecology’s
approval, approval with conditions, or denial.
D. Applicability: The following may be permitted if a Shoreline Conditional Use Permit is
approved:
1. Uses listed as a conditional use in the Medina Shoreline Master Program; or
2. Uses which are not classified or specifically prohibited in the Medina Shoreline Master
Program provided the applicant can demonstrate consistency with the requirements of
this section and the requirements for conditional uses contained in the Medina Shoreline
Master Program.
E. Additional submittal requirements: In addition to the requirements set forth in MMC
20.80.080, an application for a Shoreline Conditional Use Permit shall include the following:
1. The site plan shall include:
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
d. A general description of the vicinity of the proposed project, including identification of
the adjacent uses, structures and improvements, intensity of development and
physical characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location provided that for any development where a
determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark, the mark shall be located precisely and
the biological and hydrological basis for the mark’s location as indicated on the
plans shall be included in the development plan;
ii. Where the ordinary high water mark is neither adjacent to or within the boundary
of the project, the plan shall indicate the distance and direction to the nearest
ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
Attachment B
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/ or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source and composition of all fill material that is placed on the site, whether
temporary or permanent;
5. Quantity, composition and destination of all excavated and/ or dredged material; and
6. Additional submittal information set forth in the Medina Shoreline Master Program for the
use.
F. Criteria for approval: The Decision Authority may approve a Shoreline Conditional Use
Permit only if the following criteria are satisfied:
1. That the proposed use is consistent with the policies set forth in RCW 90.58.020 and the
Medina Shoreline Master Program;
2. That the proposed use will not interfere with the normal public use of public shorelines;
3. That the proposed use of the site and design of the project is compatible with other
authorized uses within the area and with uses planned for the area under the
comprehensive plan and Medina Shoreline Master Program;
4. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
5. That the public interest suffers no substantial detrimental effect.
In the granting of a Shoreline Conditional Use Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area.
G. Conditions of approval: The Decision Authority and the Washington State Department of
Ecology may attach reasonable conditions as necessary to prevent undesirable effects of
the proposed development and to assure consistency of the development with the Shoreline
Management Act and the Medina Shoreline Master Program.
H. Revisions to permit: Revisions to a Shoreline Conditional Use Permit shall be consistent
with WAC 173-27-100 and amendments thereto.
I. Lapse of Approval: A Shoreline Conditional Use Permit shall expire as set forth in WAC 173-
27-090.
20.72.130 Shoreline variance.
A. Purpose. The purpose for a Shoreline Variance is to provide a mechanism strictly limited to
granting relief where there are extraordinary circumstances relating to the physical character
or configuration of property.
B. Applicant: Any owner may submit an application for a Shoreline Variance.
C. Procedures:
1. Shoreline Variances are processed as a Type 3 decision pursuant to the review
procedures set forth in Chapter 20.80 MMC; and
2. Shoreline Variances approved by the City are transmitted to the Washington State
Department of Ecology pursuant to WAC 173-27-200 for Ecology’s approval, approval
with conditions, or denial.
D. Applicability: Shoreline Variances may be granted for relief from specific bulk dimensional or
performance standards set forth in the Medina Shoreline Master Program where the
requirement of such will impose unnecessary hardships on the applicant or thwart the
policies set forth in RCW 90.58.020 and the Medina Shoreline Master Program.
E. Additional submittal requirements: In addition to the requirements set forth in MMC
20.80.080, an application for a Shoreline Variance shall include the following:
1. The site plan shall include:
Attachment B
a. A general description of the proposed project that includes the proposed use or uses
and the activities necessary to accomplish the project;
b. Identification of the shoreline water body;
c. A general description of the property as it now exists, including physical
characteristics and improvements and structures;
d. A general description of the vicinity of the proposed project, including identification of
the adjacent uses, structures and improvements, intensity of development and
physical characteristics;
e. Identification of the ordinary high water mark:
i. This may be an approximate location provided that for any development where a
determination of consistency with the applicable regulations requires a precise
location of the ordinary high water mark, the mark shall be located precisely and
the biological and hydrological basis for the mark’s location as indicated on the
plans shall be included in the development plan;
ii. Where the ordinary high water mark is neither adjacent to or within the boundary
of the project, the site plan shall indicate the distance and direction to the nearest
ordinary high water mark of a shoreline;
f. Existing and proposed land contours with minimum two-foot elevation intervals;
g. A general description of the character of vegetation found on the site;
h. The dimensions and locations of all existing and proposed structures and
improvements;
2. A landscaping and/ or restoration plan, as applicable;
3. Mitigation measures, as applicable;
4. Quantity, source and composition of all fill material that is placed on the site, whether
temporary or permanent;
5. Quantity, composition and destination of all excavated or dredged material; and
6. A site plan that clearly indicates where development may occur without approval of a
variance, the physical features and circumstances on the property that provide a basis
for the request, and the location of adjacent structures and uses.
F. Criteria for approval: The Decision Authority may approve a Shoreline Variance only if the
following criteria are satisfied:
1. Where the variance is for development landward of the ordinary high water mark the
following approval criteria shall apply:
a. That the strict application of the bulk, dimensional or performance standards set forth
in the Medina Shoreline Master Program precludes, or significantly interferes with,
reasonable use of the property;
b. That the hardship described in MMC 20.72.130(F)(1)(a) is specifically related to the
property, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the master program, and not, for example,
from deed restrictions or the applicant's own actions;
c. That the design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and Medina
Shoreline Master Program and will not cause adverse impacts to the shoreline
environment;
d. That the variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
e. That the variance requested is the minimum necessary to afford relief; and
f. That the public interest will suffer no substantial detrimental effect.
2. Where the variance is for development waterward of the ordinary high water mark the
following approval criteria shall apply:
Attachment B
a. That the strict application of the bulk, dimensional or performance standards set forth
in the Medina Shoreline Master Program precludes all reasonable use of the
property;
b. That the hardship described in MMC 20.72.130(F)(2)(a) is specifically related to the
property, and is the result of unique conditions such as irregular lot shape, size, or
natural features and the application of the master program, and not, for example,
from deed restrictions or the applicant's own actions;
c. That the design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and Medina
Shoreline Master Program and will not cause adverse impacts to the shoreline
environment;
d. That the variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area;
e. That the variance requested is the minimum necessary to afford relief;
f. That the public interest will suffer no substantial detrimental effect; and
g. That the public rights of navigation and use of the shorelines will not be adversely
affected.
3. In the granting of all variance permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area.
G. Conditions of approval: The Decision Authority may attach reasonable conditions as
necessary to prevent undesirable effects of the proposed development and to assure
consistency of the development with the Shoreline Management Act and the Medina
Shoreline Master Program.
H. Revisions to permit: Revisions to a Shoreline Conditional Use Permit shall be consistent
with WAC 173-27-100.
I. Lapse of Approval. A Shoreline Variance shall expire as set forth in WAC 173-27-090.