HomeMy WebLinkAbout05-23-2011 - Agenda PacketMEDINA, WASHINGTON
MEDINA CITY COUNCIL
SPECIAL MEETING AGENDA
St. Thomas School, Commons Room
8300 Northeast 12 Street, Medina
MONDAY, MAY 23, 2011
6:30 PM
MAYOR
BRETJORDAN
DEPUTY MAYOR
SHAWN WHITNEY
COUNCIL MEMBERS
PATRICK BOYD
DOUG DICHARRY
JANIE LEE
MARK NELSON
KATIE PHELPS
CALL TO ORDER
ROLL CALL
DISCUSSION
CITY MANAGER
DONNA HANSON
CITY ATTORNEY
BRUCE DISEND
CITY CLERK
RACHELBAKER
6:30 PM
1: Zoning Code Ordinance Briefing
2: Shoreline Master Program Update
3. Briefing re Proposed Ordinance Relating to Off -Site Accessory Buildings and Uses
4. Comprehensive Plan Amendment — Streetscape
ADJOURNMENT
Next Regular Meeting — Monday, June 13, 2011; 6:30 pm
St. Thomas School, Commons Room
ORSIGN UP FOR MEDINA &N TICES. Visit www.medina-wa.eov and click on E-Notice Program.
Medina City Hall 18398 Northeast 12 Street I Medina WA 98039
425-233-6400 1 www.medina-wa.00v
CITY OF MEDINA
501 Evergreen Point Road, Medina WA 98039
425.233.6400 (phone) 425.454.8490 (fax) www.medina-wa.s�ov
To: City Council
From Robert J. Grumbach, AICP
Date: May 23, 2011
Subject: May 23 Study Session Materials
• Attached is a document containing draft code revisions relating to the
comprehensive zoning code update. While this item is currently on hold with the
Planning Commission, staff will brief you on the highlights.
• Shoreline master program materials were provided to you at the May 9 council
meeting.
• Materials on the remaining items will be presented at the meeting on Monday.
Please check your council email late Friday as we will e-mail you any additional
information that is ready.
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May 23, 2011
Title 20
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."
20.00.020 Statement of purpose.
The unified Development Code regulates the physical development of all land and water within
the City of Medina jurisdiction, except where state-owned properties are exempt under state
law, for the purposes of providing orderly development within the community. The purpose of
this title is to:
A. Encourage and guide development consistent with the goals and policies of the Medina
Comprehensive Plan;
B. Protect the community's single-family residential nature and the natural aesthetic quality of
the community;
C. Address both natural and manmade environmental considerations as part of the land use
and development permitting processes,
D. 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
E. Provide for enforcement of the regulations of this ti tie.
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Subtitle 20.1
General Provisions
Chapter 20.10
Administration
Sections:
20.10.010
Compliance.
20.10.020
Minimum requirements.
20.10.030
Conflicts.
20.10.040
Administrative authority.
20.10.050
Interpretation.
20.10.060
Compliance with other laws.
20.10.070
City Liability.
20.10.080
Property owner/ applicant responsibility.
20.10.090
Severability.
20.10.010 Compliance.
No building or other structure shallbe constru
shall any use or occupancy of premises wtthir
any condition of or upon real property be caul
conditions prescribed within this title.
20.10.020 Minimum requirements.
20.10.030 Conflicts.
The provisions ofthis title shall govern w
required by other ordinances, regulations,
case of internal conflicts within this code,
prescribed otherwise by law. '
20.10.040 Administrative authority.
the City be co
0 or maintalnE
May 23, 2011
altered, enlarge, or moved, nor
nmenced or changed; nor shall
d, except in conformity with the
hen this code imposes a greater restriction than is
easements, covenants, or other agreements. In the
the most restrictive provision shall prevail unless
The Director shall have the authority to make and issue orders, rules, requirements, permits,
interpretations, decisions, or determinations as necessary in the administration and enforcement
of the provisions of this title, except where specified otherwise.
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20.10.050 Interpretation.
The Director is authorized to make written interpretations of this code whenever necessary for
clarification or to resolve a conflict within these regulations. Interpretations are a Type 1
decision subject to the review procedures set fort h in Chapter 20.80 MM C.
A. Any person may submit a written request for a code interpretation to the Director, or the
Director may issue a code interpretation on the Director's own initiative.
B. A request for a code interpretation shall include the following:
1. The provision for which an interpretation is requested;
2. Why an interpretation of the provision is necessary;
3. Any reason or material in support of a proposed interpretatio n;
4. Any fees adopted pursuant to the fee schedule in Chapter 20.44 M MC.
C. Criteria: Written interpretations shall be based upon the following:
1. The defined or common meaning of the words of the provision; and
2. The general purpose of the provision as expressed in the provision; and
3. The logical or likely meaning of the provision viewed in relation to the comprehensive
plan, if applicable.
D. Effect: A written interpretation shall be enforced as if it is part of this title.
E. A record of all written interpretations shall be maintainedby 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 liabHity.
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 Property owner/ applicant responsibility.
A. The obligation of complying with the requirements of this title and all applicable laws and
regulations remains with the owner, and jointly and severally with the occupant, of the land
and buildings within its scope.
B. An applicant requiring City review or approval is responsible for providing accurate and
complete information complying 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 for review or approval.
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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.
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Chapter 20.12
Definitions
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 "1" definitions.
20.12.110 "J" definitions.
20.12.120 "K" definitions.
20.12.130 "L" definitions.
20.12.140 "M" definitions.
20.12.150 "N" definitions.
20.12.160 "0" definitions.
20.12.170 "P" definitions.
20.12.180 "Q" definitions.
20.12.190 "R" definitions.
20.12.200 "S" definitions.
20.12.210 "T" definitions.
20.12.220 "U" definitions.
20.12.230 "V" definitions.
20.12.240 "W" definitions.
20.12.250 "X" definitions.
20.12.260 "Y" 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 clear ly 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 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.
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20.12.020 "A" definitions.
A. "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 equalopportunity to use and enjoy a
dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3604(fx3)(b).
B. "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.
C. "Antenna" means an electrical conductor or group of electrical conductors that transmit or
receive radio waves or microwaves.
D. "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.
E. "Antenna, Directional (or panel)"; means an antenna that receives and transmits signals in a
directional pattern typically encompassing an arc of 120 degrees.
F. "Antenna, Parabolic (or dish)" means a bowl -shaped device that receives and transmits
signals in a specific directional pattern.
G. 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.
20.12.030 "B" definitions.
A. "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..
B. "Building footprint" means the surface area of a site that is covered by the building in
question.
20.12.040 "C" definitions.
A. "City" means City of Medina.
B. "Co -location" means the use of a single support structure and/ or site by more than one
telecommunication carrier of wireless communication.
C. "Coverage gap" means a geographic area where a telecommunication carrier has a
significant gap in service coverage.
20.12.050 "D" definitions.
A. "Development permits" means all permits and associated approvals administered by the City
associated with development.
,:ei
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B. "Director" means the City manager or designee appointed by the City manager to administer
this code.
20.12.060 "E" definitions.
A. "Environmental review" means all reviews administered pursuant to chapter 43.21 RCW and
chapter 18.04 MMC.
B. "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.
C. "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 day care home" means a person regularly providing child care during part of the 24-
hour day to 10 or fewer children (including those of the provider) in the family abode of the
person or persons under whose direct care the children are p laced.
20.12.080 "G" definitions.
A. "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.
B. "Finished Grade" (clarify on how to determine finished grade)
20.12.090 "H" definitions.
A. "Height' means a vertical distance measured between two points.
B. "Height, building". ,means the height measured from the designated grade to the highest
point of the roof proper.
C. "Hot tub" means a'hydromassage pool, or tub for recreational or therapeutic use designed
for immersion of users, and usually having a filter, heater, and motor -driven blower.
20.12.100 "1" 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.
20.12.110 "J" definitions.
20.12.120 "K" definitions.
20.12.130 "L" definitions.
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A. "Lattice tower" means a support structure characterized by an open framework of lateral
cross members which stabilize the structure.
20.12.140 "M" definitions.
A. "MMC" means Medina Municipal Code.
B. "Monopole" means a single upright pole, engineered to be self supporting that does not
require lateral cross supports and is sunk i nto the ground and/ or attache d to a foundation.
20.12.150 "N" definitions.
A. "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 amendm ents thereto.
B. "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 skate 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.
C. "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 abandonmentas 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. "Outdoor mechanical equipment" means
20.12.170 "P" definitions.
A. "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 m onitoring development activity.
B. "Personal wireless' services" means the same as that phrase is given meaning pursuant to
47 USC §332(c)(7)(CKi)
C. "Personal wireless service facilities" means the same as that phrase is given meaning
pursuant to 47 USC §332(c)(7)(C)(ii).
D. "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.
20.12.180 "Q" definitions.
20.12.190 "R" definitions.
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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. "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.
C. "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.
20.12.200 "S" definitions.
A.
B.
C.
D.
E.
F.
G.
K.
"Security barrier" means an obstruction, such as fences, walls, vegetation and similar
elements that restricts public access.
"Service area" means the vicinity around a, wireless communication facility that effectively
receives signals from and transmits signals to.the facility.
"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 m after, for advertising or any other purposes.
"Sign, Permanent or 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 per iod of time.
"Sign, Temporary or, 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.
"Sign area" means all faces of a sign which include a message, logo or other identification.
"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.
"Spa" means see definition under "Hot Tub".
"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 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.
"Support structures" means the structure to which antennas and other necessary associated
hardware are mounted, including, but not limited to lattice towers, monopoles, utility support
structures, and existing nonresidential buildings.
"Swimming pool" means any artificially constructed water -holding device that has a minimum
depth of 42 inches and is of sufficient size for swimming, wading, immersion, or therapeutic
purposes.
20.12.210 "T" definitions.
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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.
20.12.220 "U" definitions.
A. "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 °N" 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. 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 nonconforrr
and struts that provide a support structure to which i
attached. Wall framing shall not include the horizonta
for the roof.
B. "Wireless communication facility" means a facility di
transmitting, receiving, and _relaying voice, video an
communication devices. This may include any comb
equipment housing structures, support structures, and
20.12.250 "X" definitions.
20.12.260 "Y" definitions.
20.12.270 "Z" definitions.
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means the assemblage of beams
x and exterior wall coverings are
ing joists and sloping rafters used
gned and used for the purpose of
data signals from various wireless
iton of antennas, ancillary facilities,
,curtty barriers.
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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 sery ices.
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 exempti ons;
F. StateEnvironmental 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 M MC 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.
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D. Unless otherwise required by law, development permit and environmental review fees shall
be assessed at the fee rate in effect at the tim a the fee is collected.
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.
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. Authority is delegated to the Director 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 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 schedute 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 the following table, except as provided
in MMC 20.14.050(B):
Table'20.14.050 Valuation Table
Ran a lfor 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
L $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.
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B.
When a permit for Group R, Division 3 Occupancy (Residential one- and two-family) new
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construction or addition has a valuation greater than $2.5 million, it shall have the valuation
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determined pursuant to MM C 20.14.050(C).
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C.
For those items not covered by the valuation table in MMC 20.14.050, including all areas of
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remodel, the valuation shall be determined by the applicant providing an estimate value at
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the time of application. All fair -market value for labor and materials, equipment; architectural
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and engineering design work, contractor management expenses, agent administration
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expenses, profit, and overhead necessary to complete the project shall be included in the
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estimate. Sales tax and perm it fees shal I not be included.
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D.
Final valuation shall be set by the building official consistent with the provisions of this
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chapter. If, in the opinion of the building official, the valuation provided by the applicant is
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underestimated on the application, or if subsequently the application is changed in a manner
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that significantly affects valuation, the building official may require a detailed estimate, or
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may require a new valuation estimate that must be approved by the building official.
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E.
Permit fees based on valuation shall use final val uati+on for assessing fees to be paid.
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20.14.060 Consultant Costs.
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In
addition to City staff, the City utilizes the services of consultants in the processing of
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development applications, inspecting, and reviewing plans, and conducting environmental
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review.
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A.
When referred to in the fee schedule, consulting costs shall include all costs incurred by the
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City for services for consultants retained by the City in relation to perm its.
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B.
Costs shall include the hourly cost to the City for the consultants' services plus any
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administrative costs and incidental costs associated.w ith the consultant's services.
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C.
Consultant costs may also include those costs incurred when an applicant requests a pre-
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development meeting, or when requesting assistance in clarifying the status or permitted
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use of property or easement.
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D.
The general provisions set forth in MMC 20.14.030 for development fees shall apply to
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consultant costs where applicable.
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20.14.070
Advanced deposit for consultant services.
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A.
The City may require an applicant to pay in advance a deposit for consultant services.
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B.
The City shall, within a'reasonable time, provide to the applicant the fee estimate for
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consultant services upon which the deposit will be based.
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C.
The deposit shall not exceed 100 percent of the total actual or estimated cost of the review
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and inspection of a; permit application.
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D.
The City may withdraw funds from the deposit to compensate for the cost of consultant
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services as those consultant costs are incurred by the City.
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E.
The City may require the applicant to provide additional payments to the deposit whenever
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the cost to complete review and inspection on a permit is anticipated to exceed the available
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funds in the deposit. The provision set forth in MMC 20.14.070(C) shall apply to subsequent
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payments.
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F.
The City may refuse to issue or continue processing any permit, or perform any inspection, if
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a requested deposit payment remains unpaid.
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G.
The City shall not be obligated to pay interest on deposits. Any unspent funds remaining
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after all permits and approval on a project are final shall be refunded to the applicant.
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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 M MC 20.70.220.
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 riot challenge in an appeal
under this chapter the permit fees as adopted in the fee schedule, or any other code
requirements.
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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 re medied 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.
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 1.16 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 M MC.
20.16.030 Prohibition of further permits or approvals.
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.
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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.
B
Comprehensive plan and zoning.
The Medina Comprehensive Plan provides a community vision for a high -quality residential
setting and the coordinating goals and policies that support that vision. Zoning implements
the comprehensive plan by specifying how and for what purpose each parcel of land may be
used.
MMC Table 20.20.010(B) provides a :direct relationship between the comprehensive plan
and zoning by identifying the land use designations inthe comprehensive plan with the
zoning districts which implements each designation.
TWO 20 20.010(B): Co marehensive Plan and Zoning
Comprehensive
Plan Land Use
Designation
Zoning Map Designations
Map
Symbol
Single-family
Residential
Sin 1 family Residential-16,000
R-16
Single-family Residential-20,000
R-20
Sin le-famil Residential-30,000
R-30
Suburban Single-family Residential-30,000
SR-30
Local Business
Suburban Single-family Residential-30,000
SR-30
Neighborhood A uto
N-A
Public Facility
Public Parks and Places
Public
School Institution
Public Parks and Places
Public
utility
None
None
Park
Public Parks and Places
Public
Open Space
None
None
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 Medina Unified Development
Regulations.
B. The City is divided into the following zoning districts, which shall be shown on the Official
Zoning Map:
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1. Single-family Residential-16,000 (R-16);
2. Single-family Residential-20,000 (R-20);
3. Single-family Residential-30,000 (R-30);
4. Suburban Single-family Residential-30,000 (SR-30);
5. Neighborhood Auto (N-A ); and
6. Public Parks and Places (Public).
C. The following special zoning map overlays are established and shall be shown on the
Official Zoning Map:
1. Neighborhood Character Preservation D istrict — Medina` Heights (Medina Heights); and
2. Planned Land Use Development (PLUD).
20.20.030 Zoning map Interpretations.
The Director shall use the follow ing 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 I imit and territorial extent of the jurisdiction and control of th a City.
D. Where a zone boundary is not i rdicated to follow a property line, street, or other right-of-
way, the boundary line is as drawn, based on the scale shown on the zoning map.
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Chapter 20.21
Zoning Use Regulations
Sections:
20.21.010 Purpose.
20.21.020 Permitted uses, prohibited uses.
20.21.030 Use tables.
20.21.040 Accessory uses.
20.21.050 Similar uses.
20.21.060 Multiple single-family dwellings on the same lot.
20.21.010 Purpose.
This chapter establishes the use and occupancy of pr emises that are perm itted in each zoning
district.
20.21.020 Permitted uses, prohibited uses
Uses which are listed in MMC Table 20.21.030 shall be permitted subject to the corresponding
approval process listed in the table. The procedures for approving such uses are set forth in
Chapter 20.80 M MC (Project Permit Review Procedures). If a use is not listed in the table, or if a
use is not listed for a specific zone, it shall be considered a prohibited use in that zone.
20.21.030 Use table.
The following tables establish which uses are permitted, which uses are permitted subject to
specific development standards, and which uses require special approvals in each zoning
district.
Table 20.21.030: Use Table
Uses
Zonin District
R-16 I R-20 R-30 SR-30 I NA Public
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 Repair
L
Commercial horticulture
L
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Clubhouse Public/ Private
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
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
Schoolpublic/ private(preschool tograde 12
SU
Temporary City Government Facilities
L
L
L"
L
P
P
Wireless Communication Facilities
SU
SU `
SU
SU
SU
Shoreline Uses"
See MMC X for a list of uses with`the shoreline 'urisdi ction
Notes:
°P" = Permitted Uses which are permitted outright subject to applicable development regulations.
"L" = Limited Uses which are permitted subject to specific development regulations.
"SU" = Special Uses which are permitted subject to a non -administrative special use permit.
"CU" = Conditional Uses which are permitted subject to a non -administrative conditional use permit.
"H" = Historical Uses which are permitted subject to a historical use permit.
"A" = Administrative Uses which are permitted subject to an administrative special use.
20.21.040 Accessory uses.
A. Accessory uses expressly permittedby Title 20 MMC and unlisted accessory uses
customarily incidental to a principal use are allowed. There shall be no limit to the number
of accessory uses associated with a principal use.
B. When an accessory use is not listed in Title 20 MMC, the Director shall determine whether
the accessory use is customarily incidental to the principal use.
C. Unless expressly allowed by law otherwise (see 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 use is not listed MMC Table 20.21.030, it may be permitted if the Director
determines the proposed use is similar to that of a use listed in the table for that particular
zone.
B. An applicant wishing for a similar use determination shall submit the request in writing. The
determination shall be a Type 1 decision subject to the review procedures in Chapter 20.80
MMC.
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C. The scale, visual impacts, traffic generation, relationship to surrounding uses, and other
factors which influence and/ or define the natural of the use shall be considered in making a
determination.
D. If the use is found to be similar to a use listed in MMC Table 20.21.030, the use shall be
permitted subject to all of the standards, requirements and permitting processes to which
the use in M MC Table 20.21.030 is subject.
20.21.060 Multiple single-family dwellings on the same lot.
Where the area of a lot is sufficient to support two or more single-family dwellings based upon
multiplying the number of dwellings by the minimum lot area of the zoning district where it is
located, separate single-family dwellings may be erected and maintained subject to the setback
and other limitations applicable to buildings in the zoning district where such dwellings are
located. Accessory dwelling units authorized under MMC 20.34.020 are exempt from the
minimum lot area requirement.
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Chapter 20.22
Lot Development Standards
May 23, 2011
Sections:
20.22.010 Purpose.
20.22.020 Lot development standards.
20.22.030 Setback requirements.
20.22.040 Setback exceptions.
20.22.010 Purpose.
This chapter establishes development standards applicable to lots and setbacks.
20.22.020 Lot standards.
A. MMC Table 20.22.020 sets forth the minimum lot area, minimum lot width, and minimum lot
street frontage requirements appl icable to each lot within each zoning district.
Table 20.22.020: Minimum LotArea. Width and Street Frontage
C.
Zoning District
Lot
Area
Lot Width
Lot Street
Frontage
R-16
16,000 sq ft >
70 ft
70 ft
R-26
20,000 sq ft
70 ft
70 ft
R-30
30,000 sq ft
90 ft
90 ft
SR-30
30,000sq ft
90 ft
90 ft
N-A
16,500 sq ft
135 ft
135 ft
Public
None
None
None
- - ----- - - - - -- - -- - - - -
side lot line most closely paralleling the shorter front lot line. Minimum lot width shall be
applied at the building envelope.
Street frontage is measured at the front lot line adjoining a City street or a private lane
subject to the following:
1. Where the front lot line is concaved, street frontage shall be measured by 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;
2. Where a lot has more than one front lot line, the street frontage shall be measured using
the front lot line with the greatest length; and
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May 23, 2011
3. Street frontage requirements shall not apply to flag lots, or lots located at the end of a
street or private lane provided emergency vehicle access and turnaround requirements
are met.
Where a single lot contains high bank steep slopes and has more than the minimum lot area
required in MMC Table 20.22.020(A), the lot may be divided into two lots with one or both
lots containing less than the minimum lot area provided:
1. Lots adjoining to the lot to be divided are owned and/ or controlled by a person or entity
different that the subject lot being divided;
2. No more than two lots are created;
3. Each lot shall contain at least 85 percent of the minimum lot area required by the zoning
district in which the lot is located, or 16,000 square feet, whichever is greater;
4. The average elevation of the building envelope on each lot is separated by an elevation
of at least 25 feet;
5. Restrictive covenants are recorded on each lot that:
a. No structure or building on the higher elevation lot shall be placed in a manner where
the elevation of the lowest point of the foundation above ground is less than the
elevation of the highest point of an existing or future structure or building on the
lower elevation lot; and
b. No structure or building on the lower elevation lot shall be placed in a manner where
the elevation of the highest point of an existing or, permitted structure shall exceed
the elevation of the lowest point of the foundationabove ground on the building or
structure on the higher elevation lot; and
6. A non -administrative variance is approved pursuant to the review procedures set forth in
Chapter 20.80 MMC, except approval shall be subject to the criteria set forth in MMC
20.22.020(D) and not in Chapter X M MC.
must be setback from a property line using lot area to establish the corresponding minimum
setback requirements„
Table 20.22.030: Minimum Setback Rea uirements
Lot Area
Minimum Setback From:
Front
Rear
Side Lot Line
Lake
(square feet)
Lot Line
Lot Line
Washington
10,000 and less
25 feet
25 feet
10 feet
See Chapter
17.38 MMC
10,001 to 13,000
26 feet
26 feet
13,001 to 15,000
28 feet
28 feet
15,001 to 16,000
30 feet
30 feet
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15% of the lot width
where the structure is
16,001 and greater
30 feet
30 feet
located, not to be less
than 10 feet nor
required to be more
than 20 feet
B. Any part of any building or structure shal I include, but is not limited to architectural elements,
roof eves, gutters and any mechanical equipment requiring a permit.
C. Exceptions to the minimum setback requirements are set forth in MMC 20.22.040 and where
prescribed elsewhere by law.
20.22.040 Exceptions to setback rpmdrramantc
I ne toilowing exceptions may be granted to allow structures in s etback areas.
A. Any improvements for potable water, sanitary sewer, storm drainage, and utilities where
located underground.
B. Steps, walkways, and driveways (does not include parking spaces) that do not exceed 30
inches above the existing or finished grade, whichever is lower.
C. Fences and walls meeting the requirements set forth in M MC 20.30.010.
D. Irrigation systems at or below finished grade and including yard hydrants, sprinkler heads
and similar features that do not exceed'36 inches above the finished grade.
E. Ramps and similar structures which are necessary to provide access for elderly and/or
disabled persons to a single-family dwelling.
F. Improved surface areas for off-street parking may be allowed within a front lot line setback
area provided:
1. The parking area is designed in a manner clearly distinguishable from the driveway;
2. A minimum 15-foot setback is maintained from the front lot line;
3. The top of the parking surface does not exceed 10 inches above the existing or finished
grade, whichever is louver.
G. A chimney may be allowed within side lot line setback areas provided:
1. It is five feet or less in width; and
2. It does not protrude more than two feet into the side lot line setback area.
H. Small accessory structures and outdoor mechanical equipment may be located within a rear
lot line setback area provided:
1. The accessory structure or outdoor mechanical equipment does not exceed eight feet in
height above the finished grade;
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2. The accessory structure or outdoor mechanical equipment does not occupy a ground
area (footprint) greater than 100 square feet, including overhangs, eves and similar
features;
3. A sight -obscuring landscape barrier is planted that screens within two years the structure
or mechanical equipment from adjoining properties; and
4. A minimum 15-foot setback is maintained from the rear lot line.
I. Open play structures without roofs or walls may be located within a rear lot line setback area
provided:
1. The play structure does not exceed 10 feet in height above the finished grade;
2. The play structure does not occupy a ground area (footprint) greater than 100 square
feet measured to the outside surfaces of the structure;
3. A minimum 10-foot setback is maintained from the rear lot line.
J. Swimming pools, spas and hot tubes consistent with MMC 20.34.060(F).
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Chapter 20.23
Bulk Development Standards
Sections:
20.23.010
Purpose.
20.23.020
Structural coverage and impervious surface standards.
20.23.030
Structural coverage bonus
20.23.040
Maximum height.
20.23.050
Maximum height bonus.
20.23.060
Height exceptions.
20.23.070 Measunng height.
20.23.080 Determining original grade.
20.23.010 Purpose.
This chapter establishes the development standards applicable to the mass
structures including height, structural coverage and impervious surface.
20-23-020 Structural cnvpranp and imnarviruic ciirfaea c*anrlarrla,
May 23, 2011
of buildings and
MMC Table 20.23.020 sets forth the maximum structural coverage and impervious
area for all structures on a lot using lot area to establish the corresponding s
coverage and im pervious surface standards.
Table 20.23.020: Maximum Structural Coveraae and Impervious Surface
Lot Area
(square feet)
Maximum
Structural
Covers a (%)
Maximum
Impervious
Surface %
Eligible for Bonus
10,000 or less
30.0
55.0
No
10,001 to 11,000
29.0
55.0
11,001 to 12,000
28.5
55.0
12,001 to 13,000
27.75
55.0
13,001 to 14,000
27.0
55.0
14,001 to 15,000
26.0
55.0
15,001 to 16000
25.0
55.0
Yes (See MMC
20.23.030)
16,001 to 17,000
24.5
52.5
17,001 to 18,000
23.5
52.5
18,001 to 19,000
22.5
52.5
19,001 to 20,000
21.5
52.5
20,0001 and 29,999
21.0
52.5
30,000 and greater
21.0
50.0
B. Structural coverage shall include all surface areas of a lot covered by buildings and
structures, including patios, sports courts and surface areas directly beneath roof eves
unless excluded by MMC 20.23.020(C).
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C. The following are excluded from structural coverage:
1. Pervious surface areas beneath roof eves, including those surface areas with plants,
grasses and similar living landscaping, but not including those surface areas beneath
roof eves where more than 25 percent of the ground surface extending from the exterior
wall of the building is covered by gravel or rock;
2. Driveway surface areas under a roof eve that provide entrance to a garage provided:
a. The roof eve does not protrude more than two feet from the exterior wall of the
building; and
b. The width of the driveway under the roof eve floes not extend more than one -foot
outward from the edges of the garag a door;
3. Structures with a height of 30 inches or less above the existing or finished grade,
whichever is lower;
4. Structures located water -ward of the ordinary high water mark; and
5. Fences, walls, retaining walls, and similar freestanding structures where the greatest
width dimension, including any features that are part of the freestanding structure, does
not exceed one foot (12 inches).
20.23.030 Structural coverage bows.
Where MMC Table 20.23.020 indicates a lot is eligible for a structural coverage bonus, an
additional two percentagepoints of structural coverage may be allowed for decks, porches, and
verandas provided they do not have overhead covering except for roof eaves that do not project
more than two feet from the exterior wall of a building.
A. MMC Table 20.23.040 sets forth the maximum height standards permitted within each
zoning district:
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Table 20.23.040: Maximum Hei ht Standards
Medina
R-16
R-20
R-30
SR-30
N-A
Public
Heights
Overlay
Original Grade
25 ft
25 ft
25 ft
25 ft
None
None
20 feet
Finished Grade
28 ft
28 ft
28 ft
28 ft
30 ft
35 ft
23 feet
Eligible for
bonus
No
Yes
Yes
Yes
No
No
No
B. No part of a building or structure shall exceed the height standards set forth in MMC Table
20.23.040 of the zoning district where the building or structure is located. Maximum
allowable height shall be determined using whichever grade and corresponding height
standard applicable to the zoning district results in the lower overall height on the property.
C. Exceptions to the maximum height standards are prescribed in MMC 20.23.060.
D. The height of buildings and structures shall be measured pursuant to MMC 20.23.070.
20.23.050 Maximum height bonus.
Where MMC Table 20.23.040 indicates eligibility, for a height bonus, the maximum height of
buildings or structures on a property may be increased provided:
A. The lot area is at least 20,000 square feet;
B. The total structural coverage on the lot does not exceed 13 percent, excluding structural
coverage bonus; and
C. The highest point of any building or structure does not exceed the height standards set forth
in MMC Table 20.23.050. Maximum height shall be measured using either original or
finished grade, whichever grade and corresponding height standards results in the lower
overall height on the property.
Table 20.23.050: Maximum Heiaht Bonus
Measured from
30 feet
Original Grade
the Hi h Point
Measured from
36 feet
the Low Point
Measured from
Finished Grade
the High Point
30 feet
Measured from
36 feet
the Low Point
20.23.060 Height exceptions.
The following shall be exempt from the maximum height standards set forth in this chapter:
A. Spires, belfries and domes of religious facilities not intended for human occupancy provided
any additional height above the maximum zoning height is approved by a non -administrative
special use permit.
B. Flag poles, provided the pole does not exceed:
1. 45 feet height above the existing grade; and
2. 12-inch diameter width at the widest point.
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C. Chimneys provided the chimney does not exceed:
1. Three feet height above the top of the roof; and
2. Five feet horizontal width.
D. Wireless communication facilities approved pursuant to Chapter 20.37 MM C;
E. Exceptions granted elsewhere in this ti tie.
20.23.070 Measuring height.
The measurement of height shall be in accordance with the provisions in this section.
A. Except as prescribed in MMC 20.23.070(B) and (C) height shall be measured in
accordance with M MC Diagram 20.23.070(A) and:
1. Measurements are taken from each the lowest and highest points of the designated
grade (original or finished) where it intersects the outside of the exterior wall/side of a
building or structure to a plane essentially, parallel to a straight line drawn between the
lowest and highest points; and
2. The outer boundaries of the plane shall run parallel to the boundaries of the smallest
rectangle that can be drawn around the outside of the footprint . of the building or
structure; and
3. Where a building or structure is located on a slope, there shall be an additional height
limitation not to exceed 36 feet above the lowest point of original grade measured
pursuant to MMC 20.23.070(A)(1).
Diagram 20.23070(A)
Parallel Plane _
Overall 36-fo,
Height limit
Oro
25/ 28 feet
High
Original/Finished Grade Low Measurement Points at
exterior side of walls
When the maximum bonus height standards prescribed in MMC 20.23.050 are used, height
shall be measured in accordance with MMC Diagram 20.23.070(B) and:
1. Measurements shall be made using either original grade or finished grade, whichever is
lower; and
2. Measurements are taken from each the lowest and highest points of the designated
grade (original or finished) where it intersects the outside of the exterior wall/side of a
building or structure to the highest point of the b uilding or structure; and
3. Maximum height shall be determined using either the lowest or highest point of the
designated grade and the corresponding height standard whichever results in the lower
overall height on the property.
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May 23, 2011
Diagram 20.23.070(B)
30 feet
36 feet Building Height
Envelope
- - - - 1 High
Original/ Finished Grade Low Measurement Points at
exterior side of walls
When the Medina Height Overlay height standards prescribed in;MMC 20.23.040 are used,
height shall be measured in accordance with MMC Diagram 20.23.070(C) and:
1. Measurements shall be made using either; original grade or finished grade, whichever is
lower; and
2. Measurements are taken from the lowest point of the designated grade (original or
finished) where it intersects the outside of the exterior wall/side of a building or structure
to the highest point of the building or structure; and
3. Maximum height shall be determined using the lowest point of the designated grade and
the corresponding height standard that results in the lower overall height on the property.
Diagram 20.23.070(C)
Building Height
20/23 feet Envelol
Original/`Finished Grade Low
20.23.080 Determining Original Grade.
Measurement Point at exterior
side of walls
The following is an outline of the procedures used to determine original grade on a lot. The
Director may administratively modify these procedures to fit unique circumstances on a case -by -
case basis pursuant to M MC 20.23.080(H).
A. The exterior walls of the proposed structure must be located on the lot first. It is the
preferred method that a surveyor stakes the location of the exterior walls.
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1 B. A soils expert conducts a preliminary investigation of the soils to determine original grade
2 where the exterior walls are proposed to be located.
3 1. The investigation should include exploration at a reasonable number of test pits to
4 substantiate the soil expert's findings.
5 2. Based on the findings from the soil investigation, the soils expert shall make an
6 assumption of the original grade.
7 C. A surveyor shall set the vertical elevations for the assumption of original grade including the
8 points necessary for measuring height.
9 D. A written report of the assumption of original grade shall be prepared by the soil expert for
10 submission to the City. Content of the report shall include the following:
11 1. The applicant's and property owner's name and contactinformation;
12 2. Project location (include parcel number);
13 3. Written narrative regarding the scope of work for which the original grade determination
14 is being made;
15 4. The name and qualification of the persons pre paring the report;
16 5. Written narrative of the investigation and findings;
17 6. A site plan showing:
18 a. An outline of the building or structure footprint;
19 b. The locations where the soi I investigations were performed;
20 c. The location and vertical elevation of the assumed high and low points of the original
21 grade, as applicable; and
22 d. Topographical information including contours at five-foot or less intervals, as
23 appropriate; and
24 7. Other pertinent information deemed necessary by the City in making an original grade
25 determination.
26 E. The applicant must obtain approval from the City for the assumption of original grade. An
27 approved assumption of original grade report shall be used in determining compliance with
28 height standards prior to issuing' permits.
29 F. After excavation work on a project has exposed the soils where the proposed structure will
30 be located, the soils expert must re -investigate the soils to determine if the assumption of
31 original grade is valid. Findings' of the re -investigation m ust be transm itted to the City.
32 G. If the assumption of original grade is incorrect, a corrected original grade determination with
33 a surveyor set of vertical elevations shall be provided to the City.
34 H. The Director may approve modifications to the requirements and procedures of this Section
35 provided: ,
36 1. Modifications are applied on a case -by -case basis;
37 2. The modification is to address a unique circumstance such as an inability to conduct site
38 investigation due to existing buildings and structures;
39 3. Modifications are based on accepted methods and/ or practices found within the soils
40 expert profession;
41 4. The applicant requests the modification in writing to the Director and provides
42 justification for the modification; and
43 5. The modification is processed as a Type 1 decision pursuant to the review procedures in
44 Chapter 20.80 MM C.
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1 Subtitle 20.3
2 Special Development Standards
3
4 Chapter 20.30
5 City-wide Uses
6
7 Sections:
8 20.30.010 Fences, walls and gates.
9 20.30.020 Signs
10 20.30.030 Reconstruction, remodeling, expansion of non-residential uses.
11 20.30.040 Works of art.
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13 20.30.010 Fences, walls and gates.
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18 A. General Provisions.
19 A. Fences, walls and gates may be located in a setback area provided they do not exceed
20 the maximum height requirements set forth in M MC 2030.010(B).
21 B. Fences, walls and gates shall be located entirely within the property lines of the lot,
22 unless both property owners agree the wall or fence may be placed on a common
23 property line.
24 C. The property owner has the responsibility to ensure that all fences, walls and/or gates
25 are placed within the owner's property boundaries.
26 D. Gates located near an open City street right-of-way shall be set back at least 18 feet
27 from the edge .of the pavement. The City engineer may approve written requests for a
28 lesser setback provided:
29 1. The reduced setback wiH`not create a safety hazard;
30 2. Conditions exist related to the land that makes compliance with the setback not
31 practical such as a small front yard; and
32 3. The property, owner demonstrates that the gate is needed for security.
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37 E. All lighting shall be subject to the ap propriate height restrictions.
38 F. Where a permit is required pursuant to MMC 20.30.010(G), the City may require the
39 property owner to obtain a'survey of the property boundaries when:
40 1. The fence, wall or gate is adjacent to a City street right-of-way; or
41 2. It is not clear the proposed fence or wall is located entirely on the site.
42 B. Height.
43 1. The maximum height of a fence, wall, combination of fence and wall, or gate shall not
44 exceed four feet when located:
45 a. Within a horizontal distance of five feet from a property line that adjoins a public street
46 not designated as a collector or m inor arterial street pursuant to Chapter 10.08 M MC;
47 or
48 b. Within a distance of 30 feet extending from the property line set forth in MMC
49 20.30.010(B)(1)(a) and a horizontal distance of five feet from the side property line.
50 2. The maximum height of a fence, wall, combination of fence and wall, or gate shall not
51 exceed six feet in all other setback areas.
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3. Height shall be 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.
4. A fence and wall shall be considered combined for the purpose of this chapter when the
horizontal separation is five feet or less between the nearest points of the fence and
wall; except, if a property boundary 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.
C. Height exception. The placement of a guard rail on top of a retaining wall may exceed the
maximum height allowances by up to fou r feet; provided:
A. The building official determines a guard rail is required pursuant to the building codes
adopted in Chapter 20.40 MMC; and
B. The component solid portions of the guard rail are evenly distributed and constitute no
more than 50 percent of the total surface area of the qua rd rail.
D. Limitations.
1. The following shall be 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 MM C.
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.
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.
E. Appearance. The more completely detailedor 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'bui Iding code and the Median 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 exem pt pursuant to MMC 20.40.050.
H. Requirement for gates. Every gate blocking, vehicular access to a residence must have a
"KNOX Box" or similar. device ;approved by the fire department and City 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 Director.
20.30.020 Sians
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 exempted 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;
3. Signs attached to product dispensers or product display apparatus which do not exceed
two square feet;
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1 4. Window posters in a business establishment that do not exceed six square feet, nor two
2 such posters per establishment;
3 5. Signs designating owner's name, address, emergency telephone, business hours, or
4 "open" or "closed'; provided, however, that such signs shall not exceed two square feet.
5 C. Subdivision and neighborhood signs. In a subdivided area or neighborhood involving eight
6 or more homes, one freestanding permanent sign may be erected for the purpose of
7 identifying the subdivision or neighborhood.
8 1. Temporary subdivision or neighborhood signs are prohibited.
9 2. Subdivision and/or neighborhood signs shall contain the name of the plat, subdivision or
10 neighborhood only.
11 3. Subdivision and/or neighborhood signs shall be placed only on private property at or
12 near the main point of entry for vehicles to the subdivision or neighborhood, except that
13 such a sign may be placed in the unpaved portion of City street right-of-way pursuant to
14 Chapter 12.32 M MC, on such terms and conditions as the City deems appropriate.
15 4. Subdivision and/or neighborhood signs shall be constructed of wood or natural stone, or
16 a combination thereof (exclusive of fastening; pipes, etc., used to attach the sign to the
17 ground or its base) provided:
18 a. The sign area does not exceeding 12 square feet;
19 b. The height of the sign does not exceed four feet, measured at the highest point of
20 the sign from the lowest point of the natural existing; grade directly below the sign or
21 any part thereof.
22 5. Subdivision or neighborhood signs shall be maintained in good condition and repair at all
23 times. If such signs are not properly maintained the City may, upon 30 days' written
24 notification by the City or its authorized representative or employee to the owner of the
25 property underlying the sign, or 'to the owner of the adjacent property if the sign is
26 located in a City right-of-way, repair or remove the signs at the expense of the owner. If
27 the costs incurred by the City to repair or remove the sign are not paid within 30 days of
28 presentation of an invoice to the property owner or resident of the subject property, the
29 City may file a lien on the property which may be foreclosed as a mortgage to recover
30 such costs, plus costs and attorneys' fees.
31 6. Subdivision and neighborhood signs shall not contain any advertising, phone number,
32 name of developer, architect or other person or entity.
33 7. Subdivision or neighborhood signs may not be affixed to any building, garage, fence or
34 other structure incidental to a residential dwelling.
35 8. Subdivision or neighborhood signs shall not be placed closer than five feet to any paved
36 portion of a public right-of-way as measured at the closest point.
37 9. Illuminated .subdivision or neighborhood signs are prohibited whether illuminated
38 internally or otherwise.
39 10. No permanent subdivision or neighborhood sign permitted under this subsection shall be
40 erected without first obtaining a non -administrative conditional use permit pursuant to
41 �.
42 D. Political signs.
43 1. Political signs may be placed on private property or in the street right-of-way with
44 permission of the abutting property owner. The owner thereof shall be responsible for
45 removal of the signs within 48 hours following the election to whic h they pertain.
46 2. Political signs must comply with the provisions of RCW 42.17.510 and any other state
47 statutes or regulations regulating campaign advertising as they may be enacted or
48 amended from time to time.
49 3. Political signs must be temporary signs and the area of any sign may not exceed four
50 square feet.
51 4. No permit is required for a political sign otherwise complying with this section.
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1 E. Residents' signs.
2 1. Any permanent sign which contains no more than the name and/or address of the owner
3 or tenant of a residential dwelling shall be allowed. No such sign or signs shall be larger
4 than two square feet in area for each residential dwelling unit.
5 a. Residents' permanent signs for homes served by private lanes may be combined
6 into a single sign of not more than eight square feet adjacent to the main vehicular
7 entrance to the residences from a City street or right-of-way; provided:
8 i. The total square footage of such sign shall not exceed one square foot for each
9 residence served by the private lane; and
10 ii. Two or more separate signs erected on one or more common poles or mountings
11 shall be considered one sign.
12 b. Signs of a safety or traffic -control nature may be erected immediately adjacent to
13 private lanes provided:
14 i. No such sign shall exceed three square feet in area; and
15 ii. No such sign may be erected on another person's property without permission;
16 and
17 iii. Two or more common poles or mountings shall be considered one sign.
18 c. A "No Trespassing," "No Peddlers" or "No Soliciting" sign may be placed on private
19 property or in the street right-of-way by the owner of the abutting property. No such
20 sign shall exceed one square foot in area.
21 2. Residents' temporary signs.
22 a. Residents of a dwelling unit may erect a single temporary sign in connection with a
23 garage sale or similar event; provided,
24 i. The sign does not exceeding si x square feet in area;
25 ii. The sign is located immediatelyadjacent to the vehicular entrance to the
26 resident's dwelling; and
27 iii. The sign is erected only when the. garage sale or similar event is actually in
28 progress and attended, and is removed between the hours of 6:00 p.m. and 8:00
29 a.m.
30 b. Residents of a dwelling unit may erect three off -site temporary signs in connection
31 with a garage sale or sim ilar event provided:
32 i. Each sign does not exceeding two square feet in area;
33 ii. The signs are utilized during the same period as MMC 20.30.020(D)(2)(a)(iii);
34 iii. Any such signs placed on private property are done so with the consent of the
35 owner; and
36 iv. Any such signs placed in the City street right-of-way do not create a vehicle
37 safety or other hazard.
38 3. No permit is required for residents' signs otherwise complying with this subsection.
39 F. Commercial signs. Commercial signs shall not be permitted in the City except as hereinafter
40 provided. Moving signs and sign structures, animated signs, whirligigs, pennants, flashing
41 lights and flags (other than two government flags) are prohibited.
42 G. Commercial Signs for Business Establishments. Each business establishment permitted by
43 applicable zoning regulations and licenses to conduct business in the City may erect signs
44 only as follows:
45 1. Only one permanent sign identifying such business shall be permitted for each public
46 street frontage.
47 2. Size, location and illumination of such permanent signs are limited as follows:
48 a. No more than one-half square foot of sign area for each lineal foot measured along
49 the property line adjoining the public street, not to exceed 24 square feet;
50 b. Not be placed in any C ity street right-of-way;
51 c. Not exceeding 25 feet in height; and
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1 d. Illuminated only by a steady light source and during hours when service is offered;
2 any illumination, including that of buildings, to be such as present no glaring light
3 source to passing vehicular traffic or neighboring property zoned for residential use.
4 3. No signs are permitted for home occupations.
5 4. One temporary sign not exceeding four feet in height from the ground and three feet in
6 width shall be permitted for each street fronted.
7 5. No permanent commercial sign permitted under this subsection shall be erected without
8 first obtaining a non -administrative conditional use permit pursuant to -. No
9 permit is required for temporary commercial signs otherwise complying with this
10 subsection.
11 6. No temporary commercial sign shall be placed in any; public right-of-way where it will
12 interfere with the free passage of vehic les or pedestrians.`
13 H. Commercial Real Estate Signs.
14 1. No permanent commercial real estate signs are permitted within the City.
15 2. One temporary sign shall be allowed on each parcel, tract, lot, site or home, the
16 boundaries of which have previously been established as a matter of record in the office
17 of the King County auditor either by the filing of an approved plat or by any method of
18 real property conveyance from one party to another as authorized by the laws of the
19 state, for the purpose of advertising it for sale or rent. Such sign may be located in the
20 street right-of-way abutting the property being advertised provided:
21 a. The sign is at least 10 feet from the edge of the pavement except as provided for in
22 MMC 20.30.020(H)(2)(c) and
23 b. The sign does not interfere with vehicular traffic or driver vision, impede pedestrian
24 traffic or otherwise present a safety hazard.
25 c. The Director may authorize a temporary commercial real estate sign to be located
26 within 10 feet of theedgeof the ;pavement, `if the topography or landscaping of the
27 City street ;right-of-way or abutting property would otherwise cause the sign to be
28 significantly obscured from the street. Any such authorization shall be in writing and
29 shall specify the revised minimum distance from the edge of the pavement.
30 3. Commercial real estate signs shall have dimensions no larger than four square feet and
31 shall be for the sole purpose of advertising the parcel, tract, lot, site or home for rent or
32 sale, which must be written for the sign.
33 a The signs may contain the words "forrent" or "for sale," and/or "exclusively," the
34 name of the owner or of the listing real estate office and agent and telephone
35 numbers.
36 b. No additional information shall be allowed on the si gn.
37 4. Commercial -real estate signs must be removed within three days of the rental or the
38 closing of the sale of the property.
39 5. The top of the signs, including any structure and component parts shall be no more than
40 six feet above ground.
41 6. In the case of waterfront property, a second conforming sign will be allowed either at the
42 end of the dock or at the lakefront.
43 7. No more than two portable temporary signs bearing the words "open house" only may be
44 used while an open house is being conducted by the owner or his agent.
45 a. Each sign shall show the address of the property for sale.
46 b. Said signs are only allowed while the owner or his agent is present within the
47 residence, during daylight hours and on Saturdays and S undays.
48 c. Said signs may be single -sided or double -sided, however, no side shall be larger
49 than 30 inches by 30 inches.
50 8. Signs not meeting the requirements of this Subsection may be removed by the City or its
51 authorized representative or employee at the expense of the owner of the underlying
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1 property or his agent. This shall be in addition to any penalty for erecting a sign in
2 violation of this Section.
3 9. No permit is required for temporary commercial real estate signs otherwise complying
4 with this Subsection.
5 10. In addition to signs otherwise allowed under this Subsection, each parcel, tract, lot, site
6 or home which does not adjoin any public street and which can only be accessed via a
7 private lane shall be allowed one additional temporary sign for the purpose of advertising
8 it for sale or rent provided:
9 a. The dimensions of the sign are no larger than eight inches by 24 inches; and
10 b. The sign is placed on a single stake or post at or near the point at which said private
11 lane meets the City street right-of-way.
12 I. Signs for schools, churches and clubs.
13 1. Schools, churches and clubs may erect one freestanding permanent sign located on
14 their property, which shall conform to the construction size, height and maintenance
15 requirements, including the prohibition of sign illumination for subdivisions and
16 neighborhood signs set forth in MMC 20.30,020(C).
17 2. In addition, clubs shall be allowed one permanent off -site sign, for directional purposes
18 and containing only the name of the club. Such sign shall not exceed eight square feet
19 in area, shall not be lighted, and may be erected only on private: property, with the
20 consent of the owner, or a City street right-of-way, pursuant to Chapter 12.32 M MC.
21 3. No sign permitted under this subsection shall be erected without first obtaining a non
22 administrative conditional use permit pursuant to'�=
23 J. Municipal signs. Nothing in this Section shall restrict the posting of signs by the City or its
24 authorized representatives for the safety, convenience or, information of its citizens.
25 K. Miscellaneous provisions.
26 1. No signs shall be erected or maintained on parks, other public property or rights -of -way,
27 except as specifically permitted in this .chapter. No sign shall be erected or maintained
28 on private property without the consent of the owner thereof.
29 2. No signs of any kind shall be posted on traffic or safety sign posts.
30 3. No signs may be placed in or on vehicles visible from any public property or right-of-way,
31 except one sign per vehicle, not exceeding one square foot, advertising such vehicle for
32 sale.
33 3. Temporary signs for community, religious or educational purposes may be erected with
34 the permission of the Director for a period not to exceed 15 days. Such signs may not
35 exceed 12 square feet in area and five in number. The permission of the Director under
36 this section must be in writing. No permit fee is required for such signs.
37 4. Applications for permanent signs shall include a photograph of each sign erected to be
38 filed with the City within 10 days following its erection.
39 H. Nonconforming signs;.
40 This Section shall not applyto permanent signs in place on or before June 1, 1989, and
41 erected in conformitywith then -applicable ordinances and regulations, unless the user of
42 the sign wishes to change the location, shape, dimensions or content of this sign, or fails
43 to keep it in good repair; in such cases, the sign as changed must comply with the
44 applicable provisions of this chapter, including requirement that a permit be obtained;
45 provided, all requirements for maintenance imposed by this chapter shall apply to
46 existing signs.
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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 = M unless the reconstruction, remodeling, or
expansion is covered under 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.
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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.
20.31.010 Home business.
A. Home businesses are permitted within a single-family dwelling and shall be limited to those
which are customarily incidental and secondary #o the use of the dwell ing 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 ,the 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 RC W.
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.
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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;
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;
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 joi nt 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 perm it is issued pursuant to MMC 20.35.040; and
5. The trailer does not reducethe 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
Where MMC Table 20.21.030 Use Table) lists Automobile Service Stations and Automobile
Repair as defined in �, and associated incidental accessory uses the following
shall apply:
A. The setbacks for building and structures set forth in MMC 20.22.030 shall not apply.
Instead, minimum setbacks shall be in accordance with the following:
1. Front property line: 30 feet;
2. Rear property line: 30 feet:
3. Side property lines: 15 feet, except where the lot abuts a residentially zoned property the
setback shall be a minimum of 30 feet
B. Off-street parking:
1. A minimum number of off-street parking spaces shall be provided as follows:
a. One for each employee on duty at anytime; plus
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1 b. One space for each 1,000 square feet of the gross floor area of the building; and
2 c. Six spaces for vehicle storage, which maybe covered or uncovered.
3 2. At least one space for load/ unload shall be provided for each buildi ng.
4 3. Parking space may be covered or uncovered and each space shall be designed with at
5 least 250 square feet of surface parking area and surfaced with asphalt, concrete or
6 similar materials (no gravel) and include facilities for surface water runoff.
7 4. Parking shall be marked and arranged in a manner that does not impede access to the
8 lot.
9 C. Screening and landscaping:
10 1. Wherever the lot abuts a residential zoned property, either a six-foot high fence, or a
11 four -foot minimum high vegetative hedge shall be provided that:
12 a. Provides sight -obscuring of the use from the abutting residential lots; and
13 b. Is designed to be harmonious with related improvements and topography.
14 2. Vegetative planting shall be provided along at least 30 percent of the frontage abutting a
15 City street right-of-way. The vegetation shall include shrubs and plantings at or below a
16 height that does not obscure clear views for traffic safety.
17 3. Plants and vegetation shall be maintained in'a healthy state and to present an attractive
18 aspect to the street and neighborhood properties
19 D. Access:
20 1. Access shall be restricted to marked driveways at locations approved by the City
21 engineer as appropriate to ensure safe and efficient traffic movement;
22 2. Driveway entrances shall not exceed 35 feet in width for each 60 feet of st reet frontage
23 E. Signage shall be allowed pursuant to MMC 20.30.020.
24 F. Automobile storage shall be I imited as follows:
25 1. No more cars shall be parked on the property than can be accommodated under cover
26 or in marked, off-street parking or loading spaces;
27 2. No vehicle shall_ be parked exposed; in a partly disassembled or significantly damaged
28 condition, nor for more than 30 days unless interrupted by at least 10; and
29 3. No vehicle or trailer shall be parked displayed for sale, rent, or for a prize.
30 G. Operation and Displays. All operation and displays, including those of merchandise, shall be
31 within an approved structure, except those directly required to dispense gasoline, water, air,
32 and motor oil. No accumulation of tires or, other automotive materials outside approved
33 structures shall be permitted. Trade -inducing prizes shall be deemed merchandise.
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39 A. Where MMC Table20.21.030(Use Table) lists Commercial Horticulture uses, it shall include
40 the cultivation of garden plants (generally fruits, vegetables, flowers, and ornamentals such
41 as plants used for landscaping) and shall also include truck gardening and agriculture other
42 than the raising of animals uses along with structures normally incidental to such uses
43 including, but not limited to hot houses, greenhouses, storage sheds, heating plants, and the
44 like.
45 B. Any retail sales activity arising out of commercial horticulture shall be limited to the sale of
46 products, in season, grown upon the property.
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Chapter 20.32
Special Uses
Sections:
20.32.010 General Provisions.
20.32.020 Religious Facilities.
20.32.050 Schools.
20.32.040 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. The purpose of this chapter is to establish special development standards that apply
specific uses.
B. The special development standards prescribed by this chapter shall be applied
conjunction with other development regulations applicable to the property,
C. Where this chapter imposes a different standard than other development regulations,
special development standards set forth in this chapter shall apply to the use.
20.32.020 Religious Facilities.
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i ne Miowi ng stanaards ,apply to religious tacit tties:
A. The minimum lot area is three acres;
B. Setbacks:
1. The minimum setback for all partsof any buildings shall be 50 feet from all lot lines;
2. The minimum setback of non -building structures, exclusive of towers, shall be those
prescribed in MMC 20.22.030;
3. Towers shall be setback from all lot lines a minimum distance of two times the height of
the tower;
C. Maximum height:
1. Height of all structures, exclusive of tower and domes not intended for human
occupancy, shall not exceed 35 feet as measured from the low point of the existing
grade;
2. Height of towers and domes not intended for human occupancy, including spires and
belfries shall not exceed 45 feet as measured from the low point of the existing grade;
D. Structural coverage shall not exceed 35 percent;
E. Impervious surface area shall not exceed 52 %2 percent;
F. A 25-foot wide sight -obscuring vegetative buffer consisting of trees, shrubs and other
vegetation shall be installed and maintained along property lines adjoining residentially
zoned properties;
G. Off-street parking spaces shall be provided at one space for every 50 square feet of gross
assembly floor area plus one space for every 300 square feet of gross office floor area;
H. Ingress and egress shall be provided by separate entrance and exit accesses and must be
approved by the City Engineer;
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I. Where a property containing religious facilities fronts on more than one street, the entrance
and exists shall be located on the lesser traveled street; and
J. In addition to the requirements set forth in this section, the approval criteria for a non -
administrative special use permit must be satisfied.
20.32.030 Schools.
The following standards shall apply to schools:
A. Schools shall be limited to lots designated as "School and Institution" on the Medina
Comprehensive Plan Land Use Plan.
B. Development standards:
1. Minimum setback of all parts of any building shall be 40 feet from all lot lines, except that
where the adjoining lot is zoned residential , the minimum setback shall be 60 feet;
2. Maximum height of any point of buildings or structures shall not exceed 35 feet as
measured vertically from the original or finished grade, whichever is lower;
3. Maximum structural coverage shall not exceed 35 percent; and
4. Minimum lot area:
a. Except as provided for in MMC 20.32.030(B)(4)(c) an elementary school shall have
a minimum lot area of 5 acres for the first 100 students, plus one-half acre for each
additional 100 students, or fraction thereof; and/ or
b. A middle or senior high school shall have a minimum lot area of 10 acres, plus one-
half acre for each additional 100 students, or fr action thereof.
c. Where an elementary school is a secondary use to a religious facility on the same
site, the minimum lot area may satisfied by using the combined land area for both
the school and the religious facility, 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 fagade facing towards existing residences;
2. Features that may be incorporated include, but are not limited to, pitched roofs, building
step. -backs or other architectural design techniques that reduce the perceived height of
the building, building horizontal and vertical modulation that breaks up solid facades.
D. A landscaping plan is required that provides buffers that adequately mitigate visual and
noise impacts on surrounding residences. The landscaping plan at a minimum shall include
the following:
1. Detailed information on the location and species of proposed trees and vegetation;
2. Include use of year-round foliage patterns as appropriate;
3. Provide lines of sight necessary for safe school operation; and
4. Provide landscaping that reduces visual impacts from public streets while minimizing
impacts to safety -required lines of sight.
E. A pedestrian and vehicular circulation plan is required that emphasizes safety and
efficiency. The pedestrian and vehicular circulation plan shall incl ude the following:
1. Traffic generation estimates;
2. School bus loading and unloading operations;
3. Student drop off and pick-up operations;
4. Deliveries; and
5. Mitigation measures to address traffic impacts off -site.
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F. A parking plan that includes adequate on -site parking for staff and visitors, and loading and
unloading zones.
G. 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.
H. A lighting plan shall be provided 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.
I. In addition to the requirements set forth in this section, the approval criteria for a non -
administrative special use permit must be satisfied.
20.32.040 Utility substations.
The following standards shall apply to utility substations:
A. 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.
B. Fences and all facilities shall be setback at least`30 feet from all lot lines;
C. A sight -obscuring landscaped buffer consisting of evergreen trees, shrubs and other
vegetation approved by the City shall be planted adjacent to the fence for a depth of up to
20 feet;
D. The height of structures shall be Iim ited to 25 feet; and
E. In addition to the requirements set forth in this section, the approval criteria for a non -
administrative special use permit must be satisfied.
20.32.050 Clubhouse - Public and Private.
The following standards shall apply to clubhouses:
A. A clubhouse shall be used for an association of people with a common interest and may
include such activities that provide services to the association, but shall not provide
business activity to customers not associated with the association;
B. 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 the meeting or assembly rooms of any club
buildings that may be located thereon;
C. Traffic generated from the use shall not significantly affect streets classified as local access.
The City may require a traffic analysis to evaluate traffic impacts and may attach those
conditions necessary to mitigate for such impacts;
D. Clubhouses shall be limited to properties zoned non-residential and properties zoned
residential containing a non-residential use identified in the Medina Comprehensive Plan;
and
E. In addition to the requirements set forth in this section, the approval criteria for a non -
administrative special use permit must be satisfied.
20.32.060 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:
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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, includi ng their bases, shal I 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 an y easements;
7. Installations shall meet all applicable construction codes;
8. If guy lines are used, they should be confi ned 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 wil I 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;
12. Antennas shall meet setback requirements of the underlying lot. The setback is
measured from the part of the anten na 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.
20.32.070 Golf course.
The following shall apply to golf courses:
A. Site development standards:
1. The minimum gross area shall be 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.
3. Underlying zoning standards shall apply, except setback requirements from lot lines
located interior to the o uter boundaries of the golf course may be waived.
B. Off-street parking spaces shall be provided based on anticipated parking demand and shall
prevent spill -over parking onto neighboring properties and streets during peak demand
periods.
1. A qualified professional shall prepare a parking study that must obtain approval from the
City.
2. In determining the number of parking spaces, a transportation management plan
acceptable to the City maybe utilized to reduce the anticipated demand for parking. The
transportation management plan shall be recorded with the property.
3. Unobstructed vehicular access to and from public or private streets shall be provided for
all off-street parking spaces.
4. Accessible parking spaces shal I be provided consistent with the City's building codes.
C. A comprehensive traffic study containing an evaluation of traffic generation estimates and
traffic impacts to City streets shall be provided to the City. The plan shall be prepared by a
qualified professional traffic engineer and shall include measures for mitigating traffic
impacts to City 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
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discretion of the City with the cost bome 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;
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 stora ge; and
5. Other uses typically associated with a golf course use.
F. 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; exam finer 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.
4. The facility will be consistent with the policies expressed in the City's comprehensive
plan.
C. In making its determination under MMC 20.32.080(B), the planning commission 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 appl icant.
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;
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1 sight -obscuring fencing and/or landscaping; landscaped lids; enhanced vehicular, transit
2 and pedestrian amenities; public access to the Lake Washington shoreline; adequate
3 maintenance; and other mitigation as appropriate.
4 E. Buildings, wireless communication facilities, satellite receiving systems, fences, walls and
5 bulkheads installed within a special planning area shall be consistent with the master plan
6 and shall meet all applicable City regulations unless otherwise noted in the master plan and
7 specifically referenced in the special use permit. The height of any structure within a special
8 planning area shall not exceed 35 feet measured from original grade or finished grade,
9 whichever is less.
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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.
Where MMC Table 20.21.030 (Use Table) lists historical uses, they shall be limited to non-
residential uses which were in existence at the date of incorporation of the City. Historical uses
shall not be allowed on any lot where the use was not operated at the, date of incorpo ration.
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 grantedthrou gh 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.
Where unnecessary hardships or practical difficulties are created for an applicant for a historical
use permit by the application of the zoning ordinances applicable to the subject property, the
hearing examiner shall have the authority to approve deviations to any rules, regulations or
provisions of the zoning ordinances relating to the use of the land or structures.
20.33.040 Approval process.
Approval of a historical use is pursuant to the requirements for a historical use permit set forth in
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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. The purpose of this chapter is to establish special development standards that apply to
specific accessory uses. This chapter is applied in conjunction with the accessory use
provision set forth in M MC 20.21.040.
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 different standard than other development regulations, the
development standards set forth in this chapter shall apply to the accessory use.
20.34.020 Accessory dwelling units.
A. Accessory dwelling units are subject to the requirements set forth in this Section and the
underlying zoning district.
B. Accessory dwelling units meeting the requirements prescribed in this Section are excluded
from density and minimum lot area requirements.
C. 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. Accessory dwelling units are prohibited as the only use in a
detached accessory building.
D. Only one accessary 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 meet all underlying development standards applicable
to the lot; and
2. The accessory unit shall contain not less than 300 square fe et 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 unit combined;
4. All of the structures on the property shall have the appearance of a si ngle-fami ly 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 mai I box; and
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7. The exterior finish of the accessory dwelling unit shall be identical to the residence or
accessory structure in which it is contained;
8. A certification by Bellevue utilities is required that water supply and sanitary sewage are
available to adequately sere 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 residence.
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. Minimum Requirements. 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. Any property owner seeking to establish a legal accessory dwelling unit shall apply to
register the unit with the City. The application shall provide that the property owner agrees to
occupy either the single-family dwelling or the accessory dwelling unit and agrees to
maintain the accessory dwelling unit in compliance with the standards set forth in this
chapter.
K. After approval, 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 the street
address and legal description of the property, shall describe the requirement of owner
occupancy and shall set forth the requirement for maintaining the accessory, dwelling unit in
compliance with the requirements of this chapter.
L. The registration of the accessory dwelling unit may be canceled 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 and buildings.
2. The lot containing the use or building must be contiguous to and be under the same
ownership as the lot containing the single-family dwelling the use or building is incidental
to;
3. No more than two accessory buildings or uses may be located off -site from the single-
family dwelling they are incidental to;
4. In addition to development requirements prescribed elsewhere by the Medina Municipal
Code, the following shall apply:
a. Maximum height of structures shall be 15 feet above the existing grade;
b. The gross floor area of buildings an d structures shall not exceed 1,000 square feet;
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c. Roof eves shall not protrude more than two feet from the exterior walls of a building;
and
d. Impervious surface area, excluding the footprint of any building or structure housing
an accessory use, shall not exceed 2,000 square feet.
To inform subsequent purchasers about the restriction set forth in MMC 20.34.030(B)(2), the
owner of the real property shall record a notice on the title of the subject lot containing the
accessory use and/ or building with the following information:
1. A statement about the condition for the same ownership set forth in MMC
20.34.030(B)(2 ); and
2. 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 on the property's title shall be recorded with the King County Recorder's Office
and shall run with the land. The notice may be removed if transfer of ownership of the
subject property does not cause a violation of the Medina Municipal Code.
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 1.15
MMC.
34.040 Accessory recreational facilities
MMC (Noise).
Separate overhead lighting for r ecreationai facilities is prohibited.
The following recreational facilities are defined as major recreational equipment and require
approval of an administrative special use perm it pursuant to E:
1. Active sport courts such as tennis, paddle tennis and basketball;
2. Swimming pools; and
3. Similar major recreational construction having a potential substantial effect on
neighboring properties.
Minor recreational equipment such as basketball hoops and temporary game nets shall not
require an administrative special use perm it provided:
1. Installation does not require additional impervious or pervious paved surface area;
2. No illuminated beyond normal house lighting is necessary; and
3. Are not located in setback areas an d applicable noise standards are met.
Hot tubs and spas shall not require an administrative special use permit provided:
1. The facility is located within 20 feet of a single-family building;
2. Special lighting is not required;
3. Pump equipment is located within the residential structure or enclosed by a sound
attenuating structure;
4. A barrier is provided similar to those required for a swimming pool as prescribed in the
building code;
5. The facility meets all applicable setback requirements; and
6. The facility drains into the sanitary sewer system.
Temporary hot tubs and spas shall not require an administrative special use permii
provided:
1. The facility is not erected for more than seven days during any one m onth period;
2. Installation of the facility meets the criteria in MMC 20.34.060(E)(1) through (5).
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G. Location of active sports courts and similar major recreational construction shall be setback
as required of structures generally w ithin the land use district where they are loc ated.
H. Location of swimming pools, hot tubs, and spas.
1. Swimming pools, spas and hot tubs exceeding two feet in height shall be set back as
required of structures generally within the land use district where they are located and
such setback shall be measured from the outside edge of the structural rim of the vessel
to the property line.
2. Swimming pools not exceeding two feet in height above ground level shall be set back
no less than 15 feet from the rear property lines. The setback as to such swimming pools
shall be measured from the outside edge of the structural rim of the vessel to the
property line.
3. Swimming pools, spas, and hot tubs may not intrude into front, side, Lake Washington
shoreline, or private lane setbacks.
4. In determining the height of a swimming pool for purposes of this section, its height shall
be measured from the lowest point of original grade or finished grade, whichever is
lower, around the perimeter of the swimming pool to the highest point of the structural
rim of the vessel.
Chapter 20.35
Oecuu1 is.
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 Temporary use permit. ,
20.35.060 Waiver of zoning standards.
20.35.070 Approval criteria.
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 the following temporary uses:
A. Temporary public facilities when placed within a residential zoning district; and
B. Temporary placement of wireless communication facilities.
20.35.030 Placement requirements for a temporary public facility.
A temporary public facility may temporarily be located in any residential zoning district, provided:
A. An existing nonresidential use identified in the Medina comprehensive plan occupies the
property; and
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B. The public facility is a short-term use of property for a period not to exceed 18 consecutive
months with the intent to discontinue such use upon the expiration of the permitted time
period.
C. The floor area of buildings and structures housing the public facility does not exceed 3,500
gross square feet.
D. A temporary use permit is approved pursuant to M MC 20.35.040.
20.35.040 Placement requirements for temporary wireless communication facilities.
A wireless communication facility intended for temporary placement on property may be exempt
from the requirements set forth in Chapter 20.37 M MC provided:
A. The limitations on permitted locations set forth in MMC 20.37.050 and radio frequency
emissions set forth in MMC 20.37.150 shall apply;
B. The temporary wireless communication facility shall be placed on the property in a manner
that has 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 them 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 45 feet from the
existing grade;
E. Underlying zoning setbacks and noise control requirements shall apply;
F. Signage is prohibited;
G. The wireless communication facility is, a short term use of the property intended to be
discontinued after a period not to exceed six months;
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 20.40 040.
20.35.050 Temporary use permit.
A. A temporary use permit is processed as a Type 1 decision pursuant to Chapter 20.80 MMC
and is subject to meeting the approval criteria in MMC 20.35.070.
B. Only one temporary use permit may be granted within a five-year time period following the
approval of a temporary use permit by the City, except a second temporary use permit may
be granted if:
1. 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 permits may be approved for at least five years
following approval of the second temporary use permit.
2. Temporary wireless communication facilities:
a. A complete non -administrative special use permit application has been submitted to
the City consistent with the requirements set forth in Chapter 20.37 M MC; and
b. The extension of time, in the opinion of the Director, is necessary to allow for the
processing of permits and construction of facilities; and
c. No additional temporary use permits may be approved for at least five years
following approval of the second temporary use permit.
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20.35.060 Waiver of zoning standards.
A. The standards for minimum setbacks from property lines and maximum structural coverage
may be waived by Director with the approval of a temporary use permit as set forth in MMC
20.35.050 to allow for the temporary placement of a temporary public facility.
B. The requirements set forth in MMC 20.30.030 shall not apply to the temporary placement of
a temporary public facility as prescribed by this chapter.
C. This section shall not apply to the temporary placement of wireless communication facilities.
20.35.070 Approval criteria.
The Director may approve a temporary use permit if it is found that:
A. The temporary use will not be materially detrimental to the public health, safety, or welfare,
or injurious to property or improvements in the immediate vicinity of the temporary use;
B. The temporary use has adequate parking within a sufficient proximity to the site for
employees, City vehicles and customers;
C. Except in the case of emergencies, the temporary use will not cause noise, light or glare
which adversely impacts surrounding uses; and
D. 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 20.35.0 60.
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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 preservationof 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 M edina 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:
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A. A nonconforming lot may be developed and used in the same manner as a conforming lot,
provided development meets through design, or by an approved variance, the development
requirements not involving lot area, lot width, street frontage, or similar dimensional
standards that are applicable to lots.
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,M MC 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
special use ,, permit pursuant to this Title or a conditional use permit under MMC
20.30.030.
3. The Director may grant up to a six month extension of the time limitation set forth in
MMC 20.36.050(DX1`)-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 clai m.
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 result in an
enlargement or expansion of the structure; and
2. The work does not result insubstantial destruction or reconstruction.
F. A nonconforming use shall not be changed to another nonconforming use.
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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 structural coverage, 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, extended, repaired, remodeled, or structurally
altered provided the work does not increase the nonconformity; except nonconformity may
be increased if:
1. A minor deviation is approved pursuant to Chapter I 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 reasonably necessary and 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 nonconform ing rights lost where:
1. Any single-family dwelling, or any: detachedaccessory; building associated with a single-
family dwelling, experiences substantial destruction; or
2. A structure, not fisted in MMC 20.36.060(Cij(1), experiences either substantial
destruction or reconstru ction.
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 nonconformi ng 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 this
Section 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 making that delay submission of a building permit application, such as
resolution of an insurance clai m.
G. Where a property exceeds maximum structural coverage standards, upper floor additions
shall not constitute an expansion of the nonconforming structural coverage, provided that
the resulting total gross area (footprint) of the upper floor does not exceed the maximum
structural coverage prescribed for the lot.
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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 M MC, shall be terminated.
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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;
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2. Incidental use of a support structure exempt under MMC 20.37.030(Ax1) by non-public
entities for the attachment of antennas and ancillary facili ties;
3. Wireless radio utilized for emergency communications in the event of a disaster;
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 M MC 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 servicesinstructional television fixed
services, and local m ultipoint 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 amateurradio 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 suns shall be permitted except as required by federal regulations, where such a sign
shall be limited to one in quantity and no larger th an 8 %2 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 Prim ary State Highway; and
C. Properties zoned Parks and Pub[ is Places, subject to the limitations set forth in M MC
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.
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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.
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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 a bove 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 futureco-location on the support structure pursuant
to M MC 20.37.110; and
d. All other applicable provisions of this chapter are followed.
4. Wireless communication facilities, except for security barriers, shalt be set back a
distance of at least 500 feet from the property lino 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 201.37.100 is incorporated to minimize visual impacts
and provide appropriate screening.
20.37.080 Site requirements - City rights -of -way.
The following site requirements shad 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 util ity 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 M MC 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;
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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.
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 facto rs.
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 meas ured'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 M MC 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 M MC 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:
a. There exists an actual (not theoretical) significant gap in service coverage;
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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 tim a of the application.
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.
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.
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.
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.
Documentation demonstrating compliance with non -ionizing electromagnetic radiation
(NIER) emissions standards adopted by the Federal Corn rnunication Commission.
Documentation showing that the proposed facility will not cause interference with other
wireless communication facilities and telecommunication devices.
Signed statements indicating the following:
1. The applicantagrees 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
A lease agreement with the landholder, or franc hise 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.
Application permit fee set forth in the fee schedule.
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:
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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.'
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 pale shall not be moved more than 10
feet from the location of the, existing pole (measured from the pole center point of the
existing and new, pole location).
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 M MC 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 gra de; or
b. The elevation at the highest point of the roof of the nearest single-family dwelling
located on the higher elevation si de 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.
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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 wall s.
C. If a chain -linked fence is used, its hall be painted or coated With a non-reflectiv a 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 makesthem 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 requlrem ents set forth in M MC 20.37.100(D);
4. 1 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 M MC 20.37.100(D);
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:
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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 i nto 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 10 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;
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.
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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 M M C 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 existi ng 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.
A non -administrative special use ermit is required for all wireless communication facilities
pursuant to the provisions in
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 previouslybeen 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.
G. 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'equi pment housi ng structure.
H. If a non -administrative special use permit is for the transfer of ownership or lease and
involves no physical'chaages 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.
20.37.130 Application submittal requirements.
In addition to the submittal requirements set forth in - 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.
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1. They are a carrier of personal wireless services, or the applicant has a binding
agreement with one or more carriers who provide personal wireles s 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.
C. Revocation or modification of a special use permit shall require a hearing before the hearing
examiner. Revocation shall'be processed pursuant to MMC 1.15.540.
20.37.160 Assignment of subleasing.
A. A 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.
B. No sublease shall be entered into by a provider until the sub -lessee has obtained a non -
administrative special use perm it 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
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1 landscaping. If the applicant fails to maintain the facility, the City may undertake the
2 maintenance at the expense of the applicant or may revoke the special use permit pursuant to
3 MMC 1.15.540 for noncompliance with the Medina Municipal Code.
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5 20.37.180 Abandoned facilities.
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7 A wireless communication facility that is unused for more than 90 consecutive days is hereby
8 declared abandoned. Abandoned facilities shall be removed no later than 90 days from the
9 date of abandonment. Failure to remove an abandoned facility is declared a public nuisance
10 and is subject to abatement actions and penalties set forth in chapters 1.15 and 8.04 MMC.
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Subtitle 20.7
Discretionary Permits and Approvals
This subtitle contains the provisions and approval criteria for discretionary permits and
approvals applicable to MMC Title 20. The requirements set forth in the chapters under this
subtitle 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 Discretionary Decisions
20.70.010 Minor deviation.
20.70.020 Administrative variance.
20.70.030 Administrative special use permit.
20.70.040 Administrative right-of-way tree trimming/ removal permit,
20.70.050 Administrative substantial development permit.
20.70.010 Minor deviation.
Minor deviations are discretionary land use ,permit to allow building remodeling projects to
depart from numeric development standards and to preserve nonconforming conditions with
respect to setback requirements and m aximum building heights.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for a minor deviation.
B. Procedures: Minor deviationsare processed' as a Type 2 decision pursuant to the
procedures in Chapter 20.80 MMC.
C. Applicability: Minor deviations may be requested for the following:
1. Modification to any numeric development standard by five percent or less, provided:
a. Where the development standard is expressed as a percentage (such as structural
coverage), the five percent is calculated as the development standard percentage
multiplied by 1.05 and
b. May include qualifying conditions such as coverage bonuses or height bonuses.
2. To allow an addition to a building that matches a legally established building height or
setback that is nonconforming provided:
a. Matching building height nonconformity means an addition extending above the
maximum zoning height, but does not exceed the highest point of the roof of the
building; or
b. Matching building setback nonconformity means an addition extending into the
zoning setback, but extends no closer to the property line than the closest point of
the existing building, not including gutters; and
c. The bulk of the addition does not occupy more than 50 percent of the entire bulk of
the nonconforming envelope.
3. A project is ineligible for a minor deviation:
a. Where the minor deviation is to obtain final approval of a structure where compliance
with the development standard was represented by the applicant in a building permit
application; or
b. Where the project consists of a building alteration or improvement that was
completed at any time within the previous five years; or
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c. Where the request is to increase the amount of bulk in a setback area or above a
height limitation and the lot area is 16,000 square feet or greater.
D. Criteria for approval: The City shall approve a minor deviation if it finds all of the following
conditions are met:
1. The proposed development will not substantially reduce the amount of privacy from the
level enjoyed by adjoining property owners if the development was located as specified
by the zoning standards;
2. The granting of the minor deviation will not alter the character of the neighborhood nor
impair the appropriate use or developm ent of the property;
3. The granting of the 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 property
is situated; and
4. The deviation is consistent with the policies and provisions of the zoning code, the
comprehensive plan and any other applic able standards or policies adopted by the City.
E. Conditions of approval: A minor deviation may be grantedsubject to such conditions as will
assure that the decision shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which such property is located.
F. Lapse of approval. If the minor deviation is not acted on within one year from the date the
decision became final, it shall expire. Expiration is automatic and notice is not required. 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.
20.70.020 Administrative variance.
Administrative variances are minor exceptions from specific zoning standards.
A. Applicant: The City, federal, state or local agencies, Iproperty owners, or their designated
agents may initiate a request for an administrative variance.
B. Procedures: Administrative variances are processed as a' type 2 decision pursuant to the
procedures in Chapter 20.80 MMC.
C. Applicability: Administrative variances may be requested for the following:
1. Fences and walls less than eight feet in height; or
2. Structural coverage increases of less than one percent of the lot area.
D. Criteria for approval: The City shall approve a minor deviation if it finds all of the following
conditions are met:
1. Exceptional or extraordinary circumstances apply to the property itself, such as lot size,
shape or topography, which does not apply generally to all other properties in the same
zone or vicinity. Qualifying circumstances shall not be the result of the actions of the
applicant or of the wrongful' actions of any previous owner that the applicant as aware of
or that the applicant should have been aware of with the exercise of reasonable care;
2. The variance is necessary for the preservation of a property right of the applicant
substantially the same as is possessed by owners of other property in the same zone or
vicinity;
3. The granting of the variance will not be detrimental to the public welfare or injurious to
the property or improvements in the vicinity and zone in which the subject property is
located;
4. The granting of the variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties in the same zoning district;
5. The variance is necessary to relieve a material hardship which cannot be relieved by any
other means. The material hardship must relate to the land itself and not to problems
personal to the applicant;
6. The variance permitted is the minimum variance necessary; and
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7. The variance is compatible with and meets the spirit of the comprehensive plan.
E. Conditions of approval: The City may attach conditions regarding location, character and
other features of the pro posed structure as necessary that it will not grant a special privilege.
F. Lapse of approval. If the administrative variance is not acted on within one year from the
date the decision became final, it shall expire. Expiration is automatic and notice is not
required. 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.
20.70.030 Administrative special use permit.
Certain uses which, by their nature, can have an undue impact upon other uses of land within
the zoning district may be permitted under the controls, 'limitations and regulations of an
administrative special use permit.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for an administrative special use permit.
B. Procedures: Administrative special use permits are processed as a Type 2 decision
pursuant to the procedures in Chapter 20.80 M MC.
C. Applicability: Uses listed as an administrative special use may be permitted if an
administrative special use permit is approved.
D. Criteria for approval. The City shall approve an administrative special use permit if it finds all
of the following conditions are met:
1. The use is compatible with the intent of the corn prehensive plan;
2. The use has been designed to minimize adverse effects on neighboring properties;
3. The use satisfies all of the approval criteria specified forthe 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.
E. Lapse of Approval. If the administrative ;special use permit is not acted on within one year
from the date the decision became final, it shall expire. Expiration is automatic and notice is
not required. 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.
20.70.040 Administrative right-of-way tree trimming/ removal permit.
Removal and/ or trimming of trees within the City's rights -of -way may be permitted under the
control, limitations and regulations of a tree trimming/ removal permit.
A. Applicant: Owners of property adjoining the subject right-of-way or their designated agents
may initiate a request for an administrative right-of-way tree trimming/ removal permit.
B. Procedures: Administrative right-of-way tree trimming/ removal permits are processed as a
Type 2 decision pursuant to the procedures in Chapter 20.80 MM C.
C. Applicability: All trimming, pruning or removal of trees by owners of property adjoining the
location of the right-of-way tree shall require an administrative tree trimming/ removal permit.
Tree trimming or removal by the adjoining property owner may be exempt from the
requirement for a tree trimming -removal permit under the following conditions:
1. Trimming and pruning of trees that:
a. Follow ANSI standards; and
b. Does not endanger the life of the tree as determined by the City; and
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c. The limbs involved do not exceed three inches in diameter and 25 percent of the
canopy of the tree; or
2. Removal of trees that pose an immediate danger to life or property or substantial fire
hazards with prior consent by the Director; or
3. Trees determined by the City Arborist to be hazardous per Chapter 12.28 M MC; or
4. Any tree trimming, pruning or removal performed by the City.
D. Criteria for approval. The City shall approve a right-of-way administrative tree trimming/
removal permit if it finds all of the following conditions are m et:
1. The proposal is compatible with the community element of the comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. Proposed tree trimming, pruning or removal will have no materially detrimental effects on
nearby properties;
4. No trees defined as a significant tree will be removed unless removal is necessary for
access or safety purposes, such as trees in danger of falling or losing limbs, or trees
which need to be removed to provide clear view lines of sight for drivers of motorized
vehicles;
5. Where applicable, replacement tree mitigation is provided in accordance with Chapter
12.28 MMC;
6. Where applicable, any trimming or pruning will be performed in a manner conforming to
the following:
a. Trimming or pruning will not exceed 25 percent of the canopy of the tree unless
necessary to provide adequate relief;
b. Requested relief must not unreasonably interfere with adjoining property owners'
rights to use and enjoy the right-of-way including, but not limited to said owners'
interest in landscaping, aesthetics, erosion control, noise control, shade and
development of the unimproved areas of the right-of-way in a manner consistent with
the development of the 'adjoining and surrounding properties; and
c. The trimming or pruning will be in accordance with ANSI Standard A300 and will not
cause any unnecessary mutilation or damage to the trees.
F. Lapse of Approval. An administrative right-of-way tree trimming/ removal permit shall expire
18 months from the date the decision becomes final. Expiration is automatic and notice is
not required.
20.70.050 Administrative substantial development permit.
Minor development occurring pursuant to the Medina Shoreline Master Program may be
permitted under the control,_ limitations and regulations of , an administrative substantial
development permit.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for an administrative substantial development permit.
B. Procedures: Administrative substantial development permits are processed as a Type 2
decision pursuant to the procedures in C hapter 20.80 M MC.
C. Applicability: Activity defined as development pursuant to RCW 90.58.030(3)(a) and located
within the shoreline jurisdiction as defined by the Shoreline Management Act, may be
permitted under the control, limitations and regulations of an administrative substantial
development permit provided:
1. The development is not exempt from a substantial development permit pursuant to WAC
173-27.040; and
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2. No dredging waterward of the ordinary high water mark will occur, nor any grading in
excess of 500 cubic yards within the shoreline j urisdiction;
2. The total cost or fair -market value of the entire proposed development is $25,000 or
less. The calculation for total cost or fair market shall include all costs associated (not
including permit fees) with the development for a period beginning on the date of permit
issuance and ending 18 months after the date all City perm its are finalized by the City.
D. Criteria for approval. The City shall approve an administrative substantial development
permit if it finds all of the following conditions are met:
1. The development proposed is consistent with the policy and provisions of the State
Shoreline Management Act of 1971 (RCW 90.58);
2. The development proposed is consistent with the State Shoreline Management Permit
and Enforcement Procedures (WAC 173-27); and
3. The development proposed is consistent with the provisions of the Medina Shoreline
Master Program.
E. Conditions of approval: The City 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.
F. Lapse of Approval. An administrative substantial development permit shall expire as set
forth in WAC 173-27-090.
Chapter 20.71
Quasi. -judicial Decisions
20.71.010 Non -administrative spec al use/ ,conditionaf use permit.
Certain uses which, by their nature, can have an undue impact upon other uses of land within
the zoning district may be permitted under, the controls, limitations and regulations of a non -
administrative special use permit.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for a non -administrative special use/ conditional use permit.
B. Procedures: Non -administrative special use/ conditional use permits are processed as a
Type 3 decision pursuant to the procedures in Chapter 20.80 MM C.
C. Applicability: Uses listed as a non -administrative special use or a conditional use may be
permitted if a non -administrative special use or a conditional use permit respectively is
approved.
D. Criteria for approval. The City shall approve a non -administrative special use permit or a
conditional use permit if it finds all of the following conditions are met:
1. The use is compatible with the intent of the comprehensive plan;
2. The use has been designed to m inimize adverse effects on neighboring properties;
3. The use satisfies all of the approval criteria 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.
E. Conditions of approval:
F. Lapse of Approval: If the administrative special use permit is not acted on within one year
from the date the decision became final, it shall expire. Expiration is automatic and notice is
not required. 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.
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20.71.020 Historical use permit.
A historical use permit is a mechanism for reestablishing a use on a property where that use
had historically existed at one time on the property, but subsequently had ceased.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request fora historical use permit.
B. Procedures: Historical use permits are processed as a Type 3 decision pursuant to the
procedures in Chapter 20.80 MMC.
C. Applicability: Uses listed as historical use may be permitted if a historical use permit is
approved. Where unnecessary hardships or practical- difficulties are created for the
historical use by application of zoning regulations, a variance may be granted under the
historical use permit to any rules, regulations or provisions of the zoning regulations relating
to the use of the land or structures.
D. Criteria for approval. The City shall approve a historical use permit if it finds all of the
following conditions are met:
1.
E. Conditions of approval:
F. Lapse of Approval: If the administrative special use permit is not acted on within one year
from the date the decision became final, it shall expire. Expiration is automatic and notice is
not required. 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 Variance.
The variance is a mechanism that allows the provisions of this title to be varied on a case -by -
case basis.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for a variance.
B. Procedures: Variances are processed as a Type, 3 decision pursuant to the procedures in
Chapter 20.80 MM C.
C. Applicability: Variances may be, granted for relief from dimensional standards where the
requirement of such would result in an unusual or unreasonable hardship due to physical
characteristics of the site.
D. Criteria for approval: The City shall approve a variance if it finds the following conditions are
met:
1. Exceptional or extraordinary circumstances apply to the property itself, such as lot size,
shape or topography, which does not apply generally to all other properties in the same
zone or vicinity. Quatifying circumstances shall not be the result of the actions of the
applicant or of the wrongful actions of any previous owner that the applicant as aware of
or that the applicant should have been aware of with the exercise of reasonable care;
2. The variance is necessary for the preservation of a property right of the applicant
substantially the same as is possessed by owners of other property in the same zone or
vicinity;
3. The granting of the variance will not be detrimental to the public welfare or injurious to
the property or improvements in the vicinity and zone in which the subject property is
located;
4. The granting of the variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties in the same zoning district;
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5. The variance is necessary to relieve a material hardship which cannot be relieved by any
other means where the material hardship must relate to the land itself and not to
problems personal to the applicant;
6. The variance permitted is the minimum variance necessary; and
7. The variance is compatible with and meets the spirit of the comprehensive plan.
E. In determining whether to approve an application for a variance, evidence of variances
granted under similar circumstances shall not be considered.
F. Prohibited. Under no circumstances shall a variance be granted for any of the following:
1. To alter any definition or interpretation of this title;
2. To alter any provision establ ishing a use within a zoning district; or
3. To alter any procedural provisions.
G. Conditions of approval: The City may attach conditions regarding location, character and
other features of the proposed structure as necessary that, carry out the spirit and purpose of
the regulations set forth in this ti tie.
H. Lapse of approval. If the variance is not acted on within one year from the date the decision
became final, it shall expire. Expiration is automatic and notice is not required. 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.
20.71.040 Non -administrative right-of-way tree trimming/ removal permit.
Removal and/ or trimming of certain trees may be permitted under the control, limitations and
regulations of a non -administrative tree trimming/ removal permit.
A. Applicant: Federal, state or local agencies, property owners, or their designated agents may
initiate a request for a non -administrative tree trimming/ removal permit.
B. Procedures: Non -administrative tree trimming/ removal ,permits 'are processed as a Type 3
decision pursuant to the procedures in Chapter 20.80 MMC.
C. Applicability: The following trimming, pruning or removal of a tree shall require a non -
administrative tree removal permit:
1. Removal of a significant tree from private property where the tree has a 50-inch or
greater diameter breast height and the tree is not located within the new building
footprint on` a property undergoing development;
2. All trimming, pruning or removal of a tree in the City rights -of -way by a public or private
utility; or
3. All trimming, pruning or removal of any tree in City rights -of -way by an applicant who
does not own the property; adjoini ng''the location of the subject tree.
D. Tree trimming, pruning or removal performed by the City is exempt from the requirement for
a non -administrative tree trimming/ removal permit.
E. Criteria for approval. The City shall approve a non -administrative tree trimming/ removal
permit if it finds all of the following conditions are met:
1. The proposal is compatible with the community element of the comprehensive plan;
2. The proposal is consistent with the public interest in maintaining an attractive and safe
environment;
3. Proposed tree trimming, pruning or removal will have no materially detrimental effects on
nearby properties;
4. No trees defined as a significant tree will be removed unless removal is necessary for
access or safety purposes, such as trees in danger of falling or losing limbs, or trees
which need to be removed to provide clear view lines of sight for drivers of motorized
vehicles;
5. Where applicable, replacement tree mitigation is provided in accordance with Chapter
12.28 MMC;
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6. Where applicable, any trimming or pruning will be performed in a manner conforming to
the following:
a. Trimming or pruning will not exceed 25 percent of the canopy of the tree unless
necessary to provide adequate relief;
b. Requested relief must not unreasonably interfere with adjoining property owners'
rights to use and enjoy the right-of-way including, but not limited to said owners'
interest in landscaping, aesthetics, erosion control, noise control, shade and
development of the unimproved areas of the right-of-way in a manner consistent with
the development of the adjoining and surrounding properties; and
c. The trimming or pruning will be in accordance with ANSI Standard A300 and will not
cause any unnecessary mutilation or damage to the trees.
F. Lapse of Approval. An administrative right-of-way tree trimming/ removal permit shall expire
18 months from the date the decision becomes final. Expiration is automatic and notice is
not required.
20.71.050 Site plan review.
A. Purpose and intent:
1. Encourage better site planning to help 'ensure that new development enhances the
character of the city and sensitively fits into neighborhoods.
2. To protect the desirable aspects of natural landscape features of the city by minimizing
undesirable impacts of proposed developments` on the physical environment.
3. Improve communication and mutual understanding among developers, neighborhoods,
and the city early and throughout the site plan rev iew process.
4. Address neighbor impacts without interfering with the property owner's architectural
goals. While the bulk of a new home may be one of the considerations inform ing the site
plan review decision, it is not the intent of site plan review to regulate the architectural
style or massing of a proposed home. It is the city's intent to be mindful of the
applicant's reasonable expectation of privacy and/or sec urity concerns.
B. Applicant: Federal, state or local agencies, property owners, or their designated agents may
initiate a request for a site plan review.'
C. Applicability: Proposed development shall undergo site plan review if either of the following
circumstances exists:
1. Construction of a new building, or an addition or alterations to an existing building that
exceeds 60 percent of the replacement cost of the building where the lot area is at least
80,000 square feet; or
2. Construction of a new building, or an addition or alterations to an existing building that
exceeds 60 percent of the replacem ent cost of the building where:
a. The lot area is at least 40,000 square feet and at least 50 percent larger than the
average lot area of all residentially developed lots adjoining the subject lot; or
b. The lot area is at least 40,000 square feet and at least twice the size of the lot area
of the smallest residentially developed lot adjoining the subjec t lot.
3. The following projects meeting the criteria in MMC 20.71.050(C)(1) and (2) shall not
require a site plan review:
a. Interior remodels that do not conflict with a previously approved site plan or modify
the existing layout of the site; or
b. Exterior fagade modifications that do not conflict with a previously approved site plan
or modify the existing layout of the site, or increase the exterior bulk from the
perspective of the adjacent lots;
c. Building additions that do not enlarge the building footprint; o r
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d. Construction of new buildings no greater than 1,000 square feet of gross floor area
and setback at least 50 feet from lot lines that adjoin residentially developed
properties and lot lines that are separated from a residentially developed property by
a public street right-of-way.
4. A project meeting the criteria in MMC 20.71.050(C)(1) and (2) may have the requirement
for site plan review waived by the Director provided:
a. The lot is subject to substantial constraints such as critical areas where the
placement of buildings is constrained to the extent that site plan review will have
limited benefit.
b. The request for a waiver of site plan review is processed as a Type 2 decision
pursuant to the procedures set forth in Chapter 2a80 MMC. Notice for the waiver
shall include an alert to the neighbors of the pendingproject and the matter of the
applicability of site plan review to the proposed project.
c. If the City receives substantive comments related ,to the site plan review including
objections to the waiver, the project shall undergo site plan review. If no substantive
comments or objections are received, the Director may waive the requirement for site
plan review under this section.
D.
20.71.OxO Reasonable use exception.
A reasonable use exception is used only when all reasonable uses of a site, as all owed by the
Medina Municipal Code, is denied as result of critical areas.
A. Applicant: Federal, state or local agencies, property owners, or their designated agents may
initiate'"a request a reasonable use exception.
B. Procedures: Reasonable use exceptions are processed as a Type 3 decision pursuant to
the procures in Chapter 20.80 MMC.
C. Applicability: ,Where the application of the critical areas regulations set forth in Chapter
18.12 MMC would deny all reasonable use of the subject property, the property owner may
apply for a reasonable u se exception.
D. An application fora reasonable use exception 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 43.21 C RCW) (SEPA documents).
E. Criteria for approval. The City shall approve a reasonable use exception if it finds all of the
following conditions are met:
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 m inimum 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 pro posed development site;
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6. The inability of the applicant to derive reasonable use of the property is not the result of
actions by the applicant, or its predecessor; and
7. The proposal meets the following additional review criteria:
a. The proposal minimizes the impact on critical areas and/or buffers in accordance
with MMC 18.12.170;
b. The proposal does not po se an unreasonable threat to the public health, safety, or
welfare on or off the developm ent proposal site;
c. The proposal is consistent with the general purposes of this title and the public
interest;
d. Any impacts permitted to the critical area and/or buffer is m itigated in accordance
with MMC 18.12.160 and 18.12.180;
e. The proposal protects critical area and/or buffer functions and values consistent with
the best available science; and
f. The proposal is consistent with other applicable regulations and standards.
F. Conditions of approval: The City may attach conditions as necessary to prevent undesirable
effects on critical areas and carry out the spirit and purpose of the regulations set forth in
MMC Title 18.
G. Lapse of approval. If the reasonable use exception is not acted on within one year from the
date the decision became final, it shall expire. Expiration is automatic and notice is not
required. 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.Oxx Public agency and utility critical areas exception.
A public agency and utility, critical areas exception is used only when developm ent proposal by
a public agency or public util ity would prohibit the development.
A. Applicant: Federal, ,state or local agencies; ;public utilities, or their designated agents may
initiate a request for a public agency and utility critical areas exception.
B. Procedures: Public agency and utility critical areas exception are processed as a Type 3
decision pursuant to the procedures in C hapter 20.80 M MC.
C. Applicability: Where the application of the critical areas regulations set forth in Chapter
18.12 M MC would deny developmen t by a public agency or public utility.
D. An application for a public agency and utility critical areas exception 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).
E. Criteria for approval. The City shall approve a public agency and utility critical areas
exception if it finds all of the following conditions are met:
1. There is no other practical alternative to the proposed development with less impact on
critical areas and/or buffers;
2. The application of MMC Title 18 would unreasonably restrict the ability to provide utility
services to the public; and
3. The proposal meets the following additional review criteria:
a. The proposal minimizes the impact on critical areas and/or buffers in accordance
with MMC 18.12.170;
b. The proposal does not po se an unreasonable threat to the public health, safety, or
welfare on or off the developm ent proposal site;
c. The proposal is consistent with the general purposes of this title and the public
interest;
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d. Any impacts permitted to the critical area and/or buffer is mitigated in accordance
with MMC 18.12.160 and 18.12.180;
e. The proposal protects critical area and/or buffer functions and values consistent with
the best available science; and
f. The proposal is consistent with other applicable regulations and standards.
F. Conditions of approval: The City may attach conditions as necessary to prevent undesirable
effects on critical areas and carry out the spirit and purpose of the regulations set forth in
MMC Title 18.
G. Lapse of approval. If a public agency and utility critical areas exception is not acted on
within one year from the date the decision became final, it shall expire. Expiration is
automatic and notice is not required. 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.OxO Substantial develnnment nermit_
Development occurring pursuant to the Medina Shoreline Master Program may be permitted
under the control, limitations and regulations of a substantial development permit.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for a substantial development permit.
B. Procedures: Substantial development permits are processed as a Type 3 decision pursuant
to the procedures in Chapter 20.80 MMC.
C. Applicability:
1. Activity defined as development pursuant to RCW 90.58.030(3)(a) and located within the
shoreline jurisdiction as defined by the Shoreline Management Act, may be permitted
under the control, limitations and regulations of a substantial development permit.
2. Development that is exempt pursuant to WAC 173-27.040 shall not require a substantial
development permit.,
D. Criteria for approval. The City shall approve an administrative substantial development
permit if it finds all of the following conditions are met:
1. The development proposed ;is consistentwith the policy and provisions of the State
Shoreline Management Act of 1971 (RCW 90.58);
2. The development proposed is consistent with the State Shoreline Management Permit
and Enforcement Procedures (WAC 173-27); and
3. The development proposed is consistent with the provisions of the Medina Shoreline
Master Program.
E. Conditions of approval: The City 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.
F. Revisions to permit: Revisions to a substantial development permit shall be consistent with
WAC 173-27-100.
G. Lapse of Approval. An administrative substantial development permit shall expire as set
forth in WAC 173-27-090.
20.71.OxO Shoreline conditional use permit.
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.
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A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for a shoreline conditional use permit.
B. Procedures: Shoreline conditional use permits are processed as a Type 3 decision pursuant
to the procedures in Chapter 20.80 MMC.
C. Applicability: The following may be permitted if a shoreline conditional use permit is
approved:
1. Uses listed as a conditional use in the M edina shoreline master program; or
2. Uses which are not classified and are not 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
master program.
D. Criteria for approval. The City shall approve a shoreline conditional use permit if it finds all of
the following conditions are met:
1. That the proposed use is consistent with the policies of,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 shoreline m aster 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 all conditional use permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area.
E. Revisions to permit: Revisions to a shoreline conditional use permit shall be consistent with
WAC 173-27-100.
F. Lapse of Approval.,A shoreline conditional use permit shall expire as set forth in WAC 173-
27-090.
20.71.OxO Shoreline variance.
A shoreline variance is a mechanism strictly limited to granting relief where there are
extraordinary circumstances relating to the physical character or configuration of property.
A. Applicant: The City, federal, state or local agencies, property owners, or their designated
agents may initiate a request for a shoreline variance.
B. Procedures: Shoreline variances are processed as a Type 3 decision pursuant to the
procedures in Chapter 20.80 MMC.
C. 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.
D. Criteria for approval. The City shall approve a shoreline variance if it finds all of the following
conditions are met:
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 20.71.070(D)(1)(a) is specifically related to the
property, and is the result of unique conditions such as irregular lot shape, size, or
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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 pi anned for the area under the com prehensive plan and 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:
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 20.71.070(D)(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 pl anned for the area under the com prehensive plan and 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.
Revisions to permit: Revisions to a shoreline conditional use permit shall be consistent with
WAC 173-27-100.
Lapse of Approval. A shoreline variance shall ex pure as set forth in WAC 173-27-090.
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