Chapter 18.90
DEVELOPMENT STANDARDS – CITYWIDE APPLICABILITY

Sections:

18.90.010    Purpose.

18.90.015    Repealed.

18.90.020    Accessory buildings.

18.90.030    Repealed.

18.90.040    Density standards.

18.90.050    Reserved.

18.90.060    Fences, bulkheads, and retaining walls.

18.90.070    Height standards.

18.90.080    Housing incentives program.

18.90.090    Landscaping.

18.90.100    Lot standards.

18.90.110    Nonconformities.

18.90.120    Outdoor storage.

18.90.130    Parking.

18.90.140    Performance standards.

18.90.150    Setback standards.

18.90.160    Repealed.

18.90.170    Streetscapes.

18.90.180    Tree preservation.

18.90.190    Accessory dwelling units.

18.90.010 Purpose.

A. This section, in conjunction with other chapters and sections of the development code of the Edgewood Municipal Code (EMC), provide specific minimal development standards and methodologies for applying development standards.

B. These development standards are applicable to all land development and uses, including improvements, intensification, changes in use, or building and development permits and land use approvals and actions. (Ord. 03-203 § 1).

18.90.015 Modifications – Development agreement.

Repealed by Ord. 17-497. (Ord. 07-285 § 2).

18.90.020 Accessory buildings.

A. Residential detached accessory structures which are less than 120 square feet in size and not higher than 10 feet, including garden sheds or greenhouses or combination of both; children’s play equipment; arbors; and gazebos, placed in a rear half of a lot shall have a minimum three-foot setback. Attached accessory structures must have the same setbacks as the main building.

B. In the single-family (SF-2/3/5) and mixed residential (MR-1/2) zoning districts, garages, or other accessory buildings greater than 120 square feet but not exceeding 1,000 square feet, and which do not exceed 14 feet in height, may be placed within the rear or interior yard.

1. The structure must maintain a minimum five-foot setback, unless the zoning district allows a lessor setback; and

2. Be located at least six feet from a primary structure located on an adjacent property.

C. Pools, hot tubs, and similar accessory structures may not be located in the rear or interior yard setbacks.

D. Areas for ingress and egress for automobiles shall be designed in such a manner that adequate visibility is ensured.

E. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be located on lots as to provide safe and convenient access for servicing and required off-street parking.

F. The parking pad shall have a durable surface. Materials meeting LID standards (e.g., permeable pavement) shall be used to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM). (Ord. 16-482 § 2 (Exh. F); Ord. 03-203 § 1).

18.90.030 Concurrency.

Repealed by Ord. 17-499. (Ord. 03-203 § 1).

18.90.040 Density standards.

A. Gross area is the total area of the lot (see Figure 1 below).

B. The developable area is the area of a lot remaining after public and/or private rights-of-way and critical area/buffers are subtracted from the gross area (see Figure 2 below).

C. The maximum density for single-family zoning districts (SF-2, SF-3 and SF-5) is the maximum number of dwelling units allowed per net developable area of an acre, and is expressed as a ratio, i.e., one dwelling unit per net developable acre. Accessory dwelling units shall be excluded from the maximum number of allowable dwelling units. The minimum lot size does not determine maximum density.

D. The maximum density for all other zoning districts shall be based on the gross area minus any critical areas and associated buffers.

E. Density standards for the single-family residential zoning districts shall fall within the ranges stated in EMC 18.80.040(E)(1).

 

(Ord. 18-535 § 3; Ord. 16-469 § 2 (Exh. A); Ord. 10-346 § 2; Ord. 03-203 § 1).

18.90.050 Reserved.

Repealed by Ord. 11-360. (Ord. 09-321 §§ 2, 3; Ord. 03-211 § 1; Ord. 03-203 § 1).

18.90.060 Fences, bulkheads, and retaining walls.

A. Artificially constructed barriers to enclose, screen, or separate areas may be erected within required setbacks as follows, provided fences or other barriers:

1. Do not obstruct the sight distance of a driveway, private street, or public street;

2. Within the interior and rear setbacks do not exceed a maximum height of six feet;

3. Within the front yard setbacks do not exceed a maximum height of four feet:

a. Except the back half of a front yard setback on a corner lot, the rear lot line and the rear of the structure may be enclosed with a maximum six-foot-high fence, and

b. Except that within the required front yard setback of a lot fronting on a principal arterial street, the maximum height shall be six feet;

4. Razor wire, embedded glass, or other similar materials construction not to include electric fences or barbwire, or anti-entry techniques, which may cause injury, shall not be permitted.

B. Bulkheads and Retaining Walls. Any structure constructed and erected between lands of different elevations which is used to resist the lateral displacement of any material, control erosion, or protect structures may be placed within required setbacks to a maximum height of four feet on front property lines and eight feet on side and rear property lines, provided all applicable site distance requirements and building permit requirements are met.

C. Access control shall be applied, at the discretion of the community development director or designee, to all street frontages to minimize traffic conflicts and, where appropriate, to preserve on-street parking and promote nonmotorized modes. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).

18.90.070 Height standards.

A. For the SF-2 and SF-3 zones, building height is determined as the vertical distance from the average final grade of a building footprint to the highest point of the structure; except, where a structure is proposed on fill material, final height shall be determined from the existing grade (See Figures 2 and 3).

B. For I, BP, C, TC, MUR, MR-1 and MR-2, SF-5, building height is determined as the vertical distance from the curb level, or the equivalent final grade of a building site at the front of the building to the highest point of the underside of the ceiling. In the case of a flat roof; to the deck side of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.

C. Height standards shall not apply to religious assembly spires, belfries, and domes; chimneys, household antennas, ventilation stacks, or similar appurtenances that are required to be placed above the roof level.

D. The height of a fence located on a rockery, retaining wall, or berm shall be measured from the top of the fence to the ground on the high side of the rockery, retaining wall, or berm. Net fences, such as those used on golf courses and/or driving ranges, shall not be higher than 35 feet and shall meet the setbacks required for structures.

E. Flagpoles shall not exceed 50 feet in height from the average grade. All such poles shall be placed so as to neither obstruct nor obscure adjacent property owners’ lines of vision. Such poles shall not display more than three flags at any one time.

Figure 2

Figure 3

(Ord. 09-322 §§ 2 – 4; Ord. 03-203 § 1).

18.90.080 Housing incentives program.

A. The city is responsible for establishing regulations that will result in a variety of housing opportunities. To that end, the city’s comprehensive plan contains policies designed to encourage affordable and special needs housing. Not only are a number of regulatory tools available to help stimulate the development of desired housing in the city, but some of these tools offer an additional benefit to the city as a whole in dispersing “qualified” housing such as affordable units throughout the city.

B. This section applies, at the developer’s option, to land use applications for housing in identified zones below, except the construction of a single-family dwelling on one lot that can accommodate only one dwelling based upon the underlying zoning designation. This section shall not apply to adult family homes, nursing and residential care facilities, assisted living facilities and all group homes.

C. All housing developed under these standards shall meet all applicable federal, local, and state guidelines and requirements for limiting occupancy to identified qualified groups.

D. Inclusionary Density Bonuses.

1. In return for the inclusion of a number of on-site units dedicated to serving low-income and/or below market rate persons, one-half additional, on-site market-rate unit is permitted as a bonus for each qualified unit, to the extent that no more than a maximum total of 150 units are provided throughout the city. This must not exceed the prescribed density above the maximum density permitted in the underlying zoning district as shown below; provided, that only one-half bonus unit may be awarded per qualified unit, no matter how many qualifying categories it serves as shown the table below.

Table 4 Density Bonus

Zone

Permitted Density

Density Bonus

Maximum Density

Mixed
Residential 1

4 dua

2 dua

6 dua

Mixed
Residential 2

8 dua

4 dua

12 dua

Mixed Use Residential

6 dua

3 dua

9 dua

Commercial

8 dua

4 dua

12 dua

Town Center

10 dua

5 dua

15 dua

For the purpose of this section only, fractions of 0.5 or greater shall be rounded up to the nearest whole number when calculating the number of dwelling units or residential building lots that are permitted to be constructed.

2. Prior to the final approval of any land use application for which density bonuses are being sought, the owner of the affected parcel shall deliver to the city a duly executed covenant running with the land, in a form approved by the city attorney. The owner/applicant shall be responsible for the cost of preparing and recording the covenant and the owner/applicant or subsequent owner or operator shall be responsible for administering the covenant. The commencement date shall be the date that the first lease agreement with a renter within an applicable qualification group becomes effective.

3. The qualified units constructed under these provisions shall be integrated and dispersed within the development for which the density bonus is granted. The physical segregation of qualified housing units from unqualified market-rate housing units, or the congregation of qualified housing units into a single physical portion of the development is prohibited.

4. The size of the qualified units constructed under the provisions of this chapter shall be proportionate to the size of the units contained in the entire project (i.e., if 50 percent of the units in the project are one-bedroom units and 50 percent are two-bedroom units, then the qualified units shall be divided equally between one- and two-bedroom units).

5. If a project is to be phased, the proportion of qualified units to be completed with each phase shall be determined as part of the phasing plan approved by the community development director or designee.

E. A preapplication conference will be required for any land use application that includes a proposal for a density bonus under this program. Density bonus proposals shall be reviewed and approved concurrently with the related primary land use application and shall follow the established procedures for review and appeal, if necessary, of the permit type.

F. The community development department shall maintain a list of all qualified units created under this program. In conjunction with comprehensive plan review and amendment processes, the level and type of unit production and other factors relating to this program shall be evaluated to gauge how effectively these regulations are functioning and to direct necessary adjustments in the program. (Ord. 20-579 § 4; Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).

18.90.090 Landscaping.

A. This section establishes landscape maintenance, street trees, and landscaping standards for new construction. The use of landscaping, street trees, and the retention of existing vegetation by property owners reduces visual, noise and lighting impacts, and promotes compatibility between land uses while enhancing the visual appearance of the city. Landscaping protects and enhances critical areas, facilitates aquifer recharge, reduces erosion and stormwater runoff, and helps to define public and private open spaces. Landscaping provides an opportunity for a balanced and harmonious environment for both the local citizens of a community as well as the resident wildlife species of an area. Man has the ability to shape and mold his environment to meet his needs, but often forgoes the need of other species sharing his environment. Proper selection and arrangement of landscaping can emphasize the buildings it surrounds, be pleasing to the eye and still be useful to the birds and other wildlife with a surprising rate of success. By providing a diversity of trees, shrubs and grasses, one can increase the chances of providing a balanced habitat for a greater variety of wildlife, while at the same time provide an aesthetically pleasing visual environment. In addition, proper landscaping can prevent soil erosion, and provide for slope stabilization. Landscaping that incorporates LID practices and standards can provide stormwater runoff reduction, detention, and/or treatment benefits. This section also encourages the use and protection of vegetation native and common to the Puget Sound region while providing policies and standards for the maintenance of natural vegetation and maintenance of landscaping within the city of Edgewood.

B. This section shall be used in the review of all land development permits with the exception of existing lots that cannot be further subdivided. The requirements for landscaping and street trees are applicable citywide and shall be provided in accordance with the requirements of each individual zoning district and the provisions of this section. In the event a permit is not required for the establishment of a use, the standards of this section still apply.

C. Exceptions to this section may be allowed at the discretion of the community development director or designee under the following circumstances:

1. If contiguous lots or driveways are developed jointly with like uses, a portion of the perimeter buffering requirements between the jointly developed lots may be relocated to other areas of the site at the discretion of the community development director or designee; provided, that the remaining portion of the perimeter buffering area is landscaped in a pedestrian-friendly manner.

2. Where existing vegetation can provide the same level of screening as required by the landscaping requirements, the community development director or designee may grant a waiver from the standard requirements. In this case, the applicant is responsible for submitting to the community development department an alternative conceptual landscape plan, supporting photographs and a brief explanation as to how the alternative plan satisfies the intent of the landscape level required. Supplemental plant material may be required to be installed within, or adjacent to, the natural landscape area to fully comply with the intent of the required landscape level.

D. Landscaping Standards.

1. Landscaping required pursuant to this section and each zoning district is applicable to all land developments, permits, or land use activities.

2. The proponent or applicant of a landscape plan review shall reimburse the city for the costs of any professional consultants hired by the city to review any landscape plan. These professional services may include, but shall not be limited to, engineering, legal, financial and accounting services. The proponent or applicant shall submit a base deposit as established by city to cover anticipated costs of retaining professional consultants. Additional amounts shall be deposited at the request of the city if the cost is over and above the deposit amount.

3. Failure to complete all of the required landscaping shall be cause for nonissuance of the certificate of occupancy; provided, the applicant may obtain a financial guarantee under subsection (N) of this section to complete the required landscaping or any part of it within 90 days of temporary or final building occupancy.

4. It shall be the responsibility of the project manager or business owner to contact the senior planner upon completion of the landscaping work and request an inspection. The senior planner shall be provided nursery receipts to confirm species and quantities of plants planted prior to inspection.

5. General Provision.

a. Where any commercial or industrial structure is enlarged or expanded, then landscaping shall be provided for said expansion or enlargement in accordance with this section. A change in use in an existing commercial or industrial structure may require additional landscaping as set forth in this section.

b. If the development proposal is a structure remodel or exterior tenant improvement, and the parking area is not reconfigured or expanded, the following standards apply:

i. Perimeter landscaping and parking area landscaping is only required pursuant to Chapter 18.95 EMC, Design Standards.

c. If the development proposal is a commercial or industrial structure remodel or a major exterior tenant improvement, then the parking area shall be reconfigured to match the proposed use and the following standard applies:

i. Perimeter landscaping is required pursuant to subsection (D)(5)(a) of this section.

ii. Parking area landscaping is required pursuant to subsection (D)(6) of this section.

d. If the development proposal is for a new commercial or industrial structure, the following standards shall apply:

i. Perimeter landscaping is required pursuant to subsection (D)(5)(a) of this section.

ii. Parking area landscaping is required pursuant to subsection (D)(6) of this section.

6. All parking areas of over 20,000 square feet shall have a minimum of 10 percent of the total parking area, drive aisles, maneuvering area and loading space landscaped as a means to reduce the barren appearance of the lot and to reduce the amount of stormwater runoff. Landscaping shall incorporate LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM). Perimeter landscaping, required adjacent to property lines, shall not be calculated as part of the 10 percent figure.

7. All ingress or egress driveways and easements which provide access corridors to the subject lot, and which are not adjacent to a public right-of-way, shall be considered the same as a public right-of-way. Landscape requirements for driveways and easement corridors shall be the same as those required adjacent to public rights-of-way.

8. All outside storage areas shall be screened by fencing and landscaping. This screen shall encompass a five-foot radius around the storage area unless it is determined by development plan review that such screening is not necessary because stored materials are not visually obtrusive.

9. All trash containers shall be screened from abutting properties and streets by a 100 percent sight-obscuring fence or wall and appropriate landscaping.

10. Where a fire hydrant is located, shrubs 18 inches in height or less must be placed a minimum of five feet away from the hydrant. Shrubs or trees larger than 18 inches in height must be placed a minimum of 10 feet away from a hydrant.

11. Any 100 percent sight-obscuring fences shall have landscaping as required by this chapter placed outside of it, unless it is determined by the community development department that such an arrangement would be detrimental to the stated purpose of this chapter.

12. All portions of a lot not devoted to a building, parking, storage or accessory uses shall be landscaped in a manner appropriate to the stated purpose of this chapter.

13. All required landscaping areas shall extend to the curb line or the property line.

14. Landscaping shall not conflict with the safety of those using adjacent sidewalks or with traffic safety. Safety features of landscaping shall be discussed at the time of development plan review, if necessary.

15. Quantity, arrangement and types of plants installed shall be appropriate to the size of the required landscape area and purpose of planting area as noted in this section.

16. Landscape plans shall include LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM) and a diversity of native plant species which promote native wildlife habitat.

17. Landscaping adjacent to required biofiltration systems that does not exceed 3:1 (H:V) slope may be considered part of any required landscaping areas, subject to approval by the community development director or designee. Landscaping permitted within the treatment area of a biofiltration system or other LID system shall meet planting and maintenance standards outlined in the PCM and associated reference documents. The chosen vegetation shall not result in any disruption of the system’s functions at any time.

18. Landscaping buffers shall be required adjacent to any open or above ground stormwater facilities, as required in the city’s construction standards, subject to the approval of the community development director or designee. The configuration and plant species of landscape areas on a site shall be designed as not to disrupt the functions of stormwater systems.

19. Use of manmade nonvegetative material, such as plastic or artificial plants or grass, is prohibited as substitute for the required landscaping. Nonvegetative material is not a substitute for plant material. Nonporous weed barriers are prohibited in landscaped areas. Bark, mulch, rock or other nonvegetative material shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material.

20. Required landscape areas shall be provided with adequate drainage to prevent ponding, erosion of mulch or soil, and excessive water retention detrimental to plant health. Ponding is permitted in an LID system, if necessary for proper operation. LID systems shall be properly maintained to prevent ponding that lasts longer than recommended in the PCM and associated reference documents.

21. All trees shall be triple-staked for the first two years.

22. Slopes within landscaped areas shall not exceed 1v:3h, in order to decrease erosion potential and assist in ease of maintenance.

23. Landscaping shall be provided along access points or circulation routes in conformance with Chapter 13.05 EMC, Site Development Regulations.

E. Plant Standards. Where new landscaping is required, the following plant standards apply:

1. Deciduous Tree. A minimum of two inches diameter at three feet above grade at the time of planting.

2. Evergreen Tree. A minimum six feet in height above grade at the time of planting.

3. Low Shrub. Plants shall be a minimum of eighteen inches in height at the time of planting with approximately a two-gallon pot or ball-and-burlap.

4. Medium Shrub. Plants shall be a minimum of three feet in height at the time of planting with approximately a five-gallon pot or ball-and-burlap.

5. Ornamental Tree. A minimum of three feet above grade. Ornamental trees may count as medium shrubs, but do not count for trees otherwise required.

6. Vegetative Groundcover. Grass sod, or spreading groundcover in four-inch pots with a maximum spacing of 12 inches, or one-gallon pots with a maximum spacing of 24 inches at the time of planting of sufficient size, spacing and type as to spread to form a solid cover over the planting area within two years from the time of planting.

7. The use of native and drought tolerant, low water use plants shall be encouraged.

8. Refer to the PCM and associated reference documents for plant lists and planting and maintenance standards for LID systems.

F. Irrigation Standards. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable to lack of watering and to survive periods of extended drought once they are established.

1. When irrigation systems are incorporated into a landscaping area, the applicant shall prepare a water use and conservation plan for review and approval by the community development director or designee.

2. The applicant shall choose one of the following options to provide all landscaped areas with an irrigation method:

a. A permanent underground irrigation method with an automatic controller plus an overriding rain switch. All landscape that is placed in median stripes in the middle of street rights-of-way shall be irrigated with underground automated irrigation systems; or

b. An irrigation method which provides sufficient water to ensure that the plants will become established. The method shall be required to be permanent unless the plant materials selected are determined to be drought tolerant by the community development department, in which case irrigation standards shall be required only during the first growing season following installation. Even if drought tolerant plants are used in the landscape design, there must be an identified method to easily provide water to the plants in the case of a drought. Any automatic/mechanical system designed under this option shall be fitted with an overriding rain switch.

G. Landscaping Types. The landscaping types are intended to provide a basic list of landscaping standards that may be applied within a proposed project as necessary to provide for the intent of the comprehensive plan.

1. Type I, Vegetative Buffer. A combination of landscaping, evergreen/deciduous trees, and fencing that provides a substantial visual block between uses and creates an impression of separation of spaces along an interior property line. The following standards shall be applied:

a. Landscaping strip shall be a minimum 15 feet in width as required by subsection (H) of this section, Landscaping Regulations by Zoning District;

b. Depending on the use, a sight obscuring barrier may be required to be placed within the landscaping strip to consist of:

i. Fence/wall four feet in height; or

ii. Medium shrub barrier (hedge) which is such a density as to provide a solid visual barrier;

c. One evergreen or deciduous tree is required per 20 linear feet of landscaping strip. Trees shall be spaced at intervals not greater than 20 feet on center along the full extent of the landscaping strip. No more than 60 percent of the trees may be deciduous;

d. The percentage of evergreen trees allowed may be further reduced at the discretion of the community development director or designee to address public safety concerns;

e. Shrubs.

i. Two medium evergreen/deciduous shrubs are required per four linear feet of landscaping strip and placed no greater than four feet on center; and

ii. Three low evergreen/deciduous shrubs are required per three linear feet of landscaping strip and placed no greater than three feet on center;

iii. Shrubs shall be placed along the entire length of the landscaping strip as to provide a vegetative barrier;

iv. No more than 60 percent of the shrubs may be deciduous;

f. Vegetative groundcover;

g. Landscaping shall be placed along the entire length of the landscaping strip so as to provide a vegetative buffer. These standards are minimum; additional landscaping may be required if, in the determination of the community development director or designee, the proposed landscaping plan does not provide effective separation;

h. Landscaping shall incorporate LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM), with design, installation, and maintenance following standards outlined in the PCM and associated reference documents.

2. Type II, Streetscapes. A unifying theme of canopy type trees along a public or private street with a landscaping strip and sidewalk. The following standards shall be applied:

a. Curb, gutter, and sidewalk/trail;

b. Landscaping strip of vegetative groundcover a minimum eight feet, which shall be increased to 15 feet in width where retail buildings are connected, located between the curb and the sidewalk;

c. Deciduous street trees are required along the entire street frontage at a spacing of 40 feet on center or as required to continue the existing pattern of street, whichever is less distance;

d. Tree wells, four-foot in diameter, circle in shape, are required when trees are placed within the sidewalk. Trees not located on the sidewalk shall be centered on the landscaping strip;

e. All utilities Level 1 shall be placed underground as appropriate;

f. Street lights as directed by the community development director or designee;

g. Landscaped medians within the roadway may be required at the discretion of the community development director or designee to provide for pedestrian refuge:

i. Curb, gutter, and four- to 12-foot-wide landscaping strip within the roadway with a length determined by the community development director or designee;

ii. One street tree at each end of the median, plus one street tree per 30 feet of median;

iii. Vegetative groundcover;

iv. Shrubs shall be placed within the landscaping strip so as to cover 30 percent of the strip, with a maximum bush height of three feet, and provide year-round screening;

h. Bus stop(s), benches and/or bus shelter(s) as deemed necessary by Pierce Transit and the city;

i. Landscaping shall incorporate LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM), with design, installation, and maintenance following standards outlined in the PCM and associated reference documents.

3. Type III, Parking Areas. At least five percent of the interior parking area shall have landscaping to break up the bulk of a parking area. The following standards shall be applied (internal circulation of pedestrians, including bricking and paving of walkways):

a. Landscaping Islands. Landscaped islands shall be located at the end of each parking row. Internal landscaping islands shall occur at intervals within the row so that no parking stall within that parking row is more than 10 parking stalls or 90 feet, whichever is less, from a landscaped island. The following standards shall apply:

i. The length of the island shall be the same depth of the parking stalls and a minimum five feet in width;

ii. Curbed;

iii. Contain one street tree per 15 linear feet;

iv. One medium shrub or two small shrubs per 12 square feet of island;

v. Vegetative groundcover.

b. If internal landscaping other than landscaping islands is included in a parking area, the internal landscaping shall consist of vegetative groundcover and shrubs.

c. Landscaping around the perimeter of the parking area shall be a Type I, vegetative buffer.

d. Landscaping shall incorporate LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM), with design, installation, and maintenance following standards outlined in the PCM and associated reference documents.

4. Type IV, Solid Barrier. A combination of fencing and landscaping which is intended to provide a solid sight barrier between uses to create a strong impression of spatial separation. The following standards shall be applied:

a. Landscaping strip minimum 10 feet in width.

b. Solid fence or wall six feet in height located within the landscape strip.

c. The community development director or designee may direct the location, style, and construction materials of the required fence/wall to lessen visual impact on adjacent properties.

d. One deciduous or evergreen tree is required per 20 linear feet of landscaping strip. Trees shall be spaced at intervals not greater than 20 feet on center along the full extent of the landscaping strip. No more than 50 percent of the trees may be deciduous;

e. The percentage of evergreen trees allowed may be further reduced at the discretion of the community development director or designee to address public safety concerns;

f. Shrubs.

i. Two medium evergreen/deciduous shrubs are required per four linear feet of landscaping strip and placed no greater than five feet on center; and

ii. Three low evergreen/deciduous shrubs are required per four linear feet of landscaping strip and placed no greater than four feet on center;

g. Vegetative groundcover;

h. Landscaping shall be placed along the entire length of the landscaping strip so as to provide a vegetative barrier. These standards are minimum; additional landscaping may be required if, in the determination of the community development director or designee, the proposed landscaping plan does not provide an actual or effective barrier or separation;

i. Landscaping shall incorporate LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM), with design, installation, and maintenance following standards outlined in the PCM and associated reference documents.

5. Type V, Area Screening. A combination of fencing/wall and landscaping that provides visual relief from dumpsters, recycling areas, or small storage yards, of less than 150 square feet in size. The following standards shall be applied:

a. Landscaping strip a minimum five feet in width around the area, excluding access points;

b. Solid fence or wall six feet in height located on the interior of the landscaping strip; Arborvitae trees at four feet on center.

c. Shrubs.

i. One medium evergreen/deciduous shrub per four linear feet of landscaping strip and placed no more than four feet on center;

ii. One small evergreen/deciduous shrub per four linear feet of landscaping strip and placed no more than four feet on center; and

iii. Shrubs shall be spaced at intervals along the full extent of the landscaping strip;

iv. Vegetative groundcover;

v. No more than 60 percent of the shrubs may be deciduous.

H. Landscaping Regulations by Zoning Districts.

1. Type II, streetscapes, shall apply to all zones and shall be applied to all proposed developments, other than a single-family dwelling.

2. Type III, parking areas; and Type V, area screening, are types of landscaping that shall apply in all zones.

3. Discretionary land use permits may utilize any landscaping type in order to mitigate the impacts of the proposed use.

4. The following standards are representative and may not include all uses or types. Where individual uses or zones are not specified, the community development director or designee shall make a determination as to the most appropriate landscaping type in order to mitigate the impacts of the proposed development. LID systems shall be installed to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM).

 

Zones

Minimum Landscaping Requirements

1.

SF-2/3/5 (Single-Family) zones that abut:

Single-family zones

Exempt from perimeter landscaping standards

All other zones

Type I, vegetative buffer, 10-foot landscape strip

2.

MR-1 (Mixed Residential Low) zone that abut:

Single-family zones

Type I, vegetative buffer, 15-foot landscape strip

Public zones

Type I, vegetative buffer, 15-foot landscape strip

3.

MR-2 (Mixed Residential Moderate) zones that abut:

Single-family zones

Type IV, solid barrier, 25-foot landscape strip

All other zones

Type IV, solid barrier, 15-foot landscape strip

4.

MUR (Mixed Use Residential) zone that abut:

Single-family zones

Type IV, solid barrier, 20-foot landscape strip

Public zones

Type IV, solid barrier, 15-foot landscape strip

All other zones

Type I, vegetative buffer, 15-foot landscape strip

5.

TC (Town Center) zones that abut:

Single-family zones

Type IV, solid barrier, 25-foot landscape strip

All other zones

Type I, vegetative buffer, 15-foot landscape strip

6.

C (Commercial) zones that abut:

Single-family zones

Type IV, solid barrier, 25-foot landscape strip

All other zones

Type I, vegetative buffer, 15-foot landscape strip

7.

BP (Business Park) zones that abut:

Single-family zones

Type IV, solid barrier, 25-foot landscape strip

All other zones

Type I, vegetative buffer, 15-foot landscape strip

8.

I (Industrial) zones that abut:

Single-family zones

Type IV, solid barrier, 25-foot landscape strip

9.

P (Public) zones that abut:

Single-family zones

Type IV, solid barrier, 25-foot landscape strip

All other zones

Type I, vegetative buffer, 15-foot landscape strip

10.

Parking lots within the following zones:

Commercial

Type I, vegetative buffer and Type III, parking areas

Industrial

Type I, vegetative buffer and Type III, parking areas

11.

Storage space:

Under 150 gross square feet

Type V, area screening

Over 150 gross square feet

Type IV, solid barrier

Industrial and outdoor

Type IV, solid barrier

Substation

Type IV, solid barrier

12.

Wireless telecommunications facilities

See EMC 18.100.110, Personal wireless communications facilities

I. In addition to the requirements of this section, Chapter 18.95 EMC, Design Standards, promotes connectivity between landscape improvements and adjacent sites and buildings.

J. All street trees shall meet the following standards:

1. A minimum of two inches diameter at three feet above grade at the time of planting.

2. Street trees shall be located and placed within the street right-of-way in accordance with the requirements of the community development director or designee, unless otherwise permitted in this section.

3. Street trees may be planted within 10 feet of the right-of-way only if the right-of-way is insufficient to accommodate street trees, or if curbs, gutters and sidewalks already exist.

4. The adjoining property owner shall be responsible for all maintenance of street trees and landscaping in public right-of-way.

5. Street trees shall be trimmed to maintain the street canopy and provide for public safety. Street trees cannot be removed without the prior approval of the community development director or designee.

6. Trees planted within five feet of a public or private road pavement edge, curbing, LID system underdrain, or sidewalk, or any trees within parking areas, shall be surrounded by a root control barrier. Root control barriers shall consist of plastic sheets extending a minimum of two feet below the finished grade of the surrounding surface.

7. All trees shall be triple-staked for the first two years.

8. All street trees shall be of a species approved by the community development department.

9. Street trees shall be incorporated into any LID system designs to the maximum extent practicable.

K. The community development director or designee shall review and may approve, approve with modifications, or disapprove the landscape development plans subject to the provisions of this section. The following plans are required and provide standards for the maintenance and enhancement of natural vegetation in the city:

1. Irrigation Plan.

a. All proposed multifamily or nonresidential developments require an irrigation plan. An irrigation plan is required to ensure that the planting will be watered at a sufficient level to ensure plant survival and healthy growth. The irrigation plan shall indicate the location of pipes, sprinkler heads, and backflow devices. The community development director or designee may require additional information, including, but not limited to, pumps, pipe size, head capacity, water pressure in pounds per square inch at the pump and sprinkler heads, and timer system. The irrigation plan shall conform to the requirements of this section.

b. The irrigation plan shall be prepared by a Washington State registered landscape architect, a Washington State certified nurseryman, or a Washington State certified landscaper, except irrigation plans for short plats and for street tree requirements, which may be prepared by the applicant. Where the required landscaping is less than 200 gross square feet in area, the plan may be prepared by a lay person. However, if the community development director or designee determines that the quality of the plan is not sufficient, the community development director or designee may require that the plan be developed in accordance with this section.

c. Irrigation shall be permanent unless the plant materials selected are determined to be drought tolerant; in which case, irrigation shall be required until the plants are fully established, and there shall be an identified method to easily provide water to the plants in the case of a prolonged drought.

2. Tree Retention Plan (see EMC 18.90.180, Tree preservation).

a. Landscape Plan. Significant tree retention plans (see EMC 18.90.180, Tree preservation) and landscape plans shall be submitted to the community development department for any development action or land use permit. The plans shall be submitted according to the requirements of the application form provided by the community development department.

3. Landscape Plan.

a. The landscape plans shall be prepared by a Washington State registered landscape architect, a Washington State certified nurseryman, or a Washington State certified landscaper, except street tree requirements and canopy tree requirements for properties abutting vacant land may be prepared by the applicant, as approved by the community development director or designee.

b. A building permit or zoning approval shall not be issued until the landscaping plan has been approved.

c. At the time of the preapplication conference, the community development department staff shall review specific landscape requirements with the applicant or his/her representative.

L. Water Conservation and Plant Materials. The following guidelines are required to reduce the maintenance cost of a development, enhance the long-term health of plant material and reduce the cost of watering. The intent of this code is to ensure that costly plant material is provided with the opportunity to take the most advantage of natural watering, and therefore reducing the amount of water required to maintain plant material health during the dry season. The intent of this section is to encourage the use of plants native to the Pacific Northwest and introduced plants common to the Pacific Northwest, in that order, to maximize use of rainwater, to reduce general maintenance needs and to encourage the development of landscape designs reflective of our natural surroundings. It is also the intent of this section to encourage the use of drought tolerant plants in landscape designs in order to reduce the amount of water devoted to outdoor watering at a time when population pressures are increasing faster than the water supply.

1. Water conservation measures shall be employed in the following manner:

a. Consistent with Chapter 13.05 EMC, applicants are required to implement LID to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM). Refer to the PCM and associated guidance documents for suggested design standards.

b. Landscape area should be deep-tilled to a depth of at least 12 inches to facilitate deep-water penetration and soil oxygenation. Use of soil amendments is required to improve water drainage, moisture penetration or water-holding capacity. For all newly landscaped areas organic matter should be incorporated to a depth of four to six inches to facilitate deep water penetration and soil oxygenation.

c. Mulch should be applied regularly to, and maintained in, all planting areas to assist soils in retaining moisture, reducing weed growth and minimizing erosion. Mulches include organic materials such as wood chips and shredded bark. Nonporous materials, such as plastic sheeting, are prohibited from use as a ground cover. Nonporous materials may be used as liners in LID systems, where appropriate. Mulches should be applied to the following depths: three inches over bare soil and two inches where plant materials will cover.

d. Applicants are strongly encouraged to utilize drought tolerant plant material native to Western Washington and introduced noninvasive plants common to the area that are well suited to the wet/dry climate of the Puget Sound.

M. Maintenance. The following standards shall be followed for the maintenance of on-site landscaping and landscaping on adjacent public right-of-way:

1. Failure to complete all of the required landscaping shall be cause for nonissuance of the certificate of occupancy; provided, the applicant may obtain a financial guarantee under subsection (N) of this section to complete the required landscaping or any part of it within 90 days of temporary or final building occupancy.

2. It shall be the responsibility of the project manager or business owner to contact the community development department upon completion of the landscaping work and request an inspection.

3. Whenever landscaping is required in accordance with the provisions of this title or any addition or amendments to this title, or in accordance with the provisions of any previous code or ordinance of the city, the landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.

4. The community development department may inspect the landscaping upon request of the project manager or business owner or at any time after the three-month expiration date.

5. Any installed plant material that dies shall be replaced within the spring or fall growing season following plant loss, but not to exceed three months from the time of loss. This standard applies for the life of the project.

6. Regardless of whether the landscaping existed prior to the effective date of this code or was added thereafter, replacement landscaping shall comply with all provisions of this section.

7. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition, to prevent primary limb failure, and to prevent limbs from becoming an impediment or hazard to vehicles or pedestrian traffic.

8. All landscape areas shall be kept free of trash and weeds and all irrigation systems shall be properly maintained by the property owner to ensure the function of the requirements of this code.

9. Failure to maintain all of the required landscaping or any part of it shall constitute a zoning violation.

10. LID systems shall be maintained by the property owner according to maintenance standards included in the PCM and associated guidance documents to prevent impediments and hazards to vehicles and/or pedestrian traffic.

N. Bonding. In order to guarantee performance of the landscaping requirements, cash bonds or other appropriate security (including letters of credit) in the amount of 125 percent of the estimated cost of the required landscaping shall be required if landscaping is not installed prior to issuance of occupancy permits. The cash bonds or other appropriate security shall be forfeitable by the city if the work is not completed within 90 days of the date of posting of the cash bonds or other appropriate security, or upon such other date as agreed to between the city and the property owner or authorized person acting on the property owner’s behalf. In the case where such a cash bond(s) or other appropriate security is forfeited to the city, the proceeds therefrom shall be used by the city to effectuate the landscaping requirements, which were not so completed. Along with the requirement for the cash bond(s) or other appropriate security, the property owner, or authorized person acting on the property owner’s behalf, shall agree and consent to entry upon the property by the city or its agents or representatives, in the event of bond forfeiture, and completion of the landscaping requirements by the city or its agents or representatives. (Ord. 24-660 §§ 21, 22 (Exh. B); Ord. 21-611 § 1; Ord. 16-482 § 2 (Exh. F); Ord. 15-448 § 2 (Exh. A); Ord. 09-320 § 2; Ord. 03-203 § 1).

18.90.100 Lot standards.

A standard lot is a lot that has only one front lot line and one rear lot line, and all remaining lot lines are considered interior lot lines (see Figure 3).

A. Corner Lots. If a lot abuts the intersection of two or more street rights-of-way, a front yard setback is required abutting each right-of-way. This process is also applicable to a lot fronting a single right-of-way, which simulates a corner lot as shown in Figure 4 below. 

B. In the case of a through lot, a front yard setback is required abutting each street right-of-way (see Figure 5).

C. A flag lot shall have setbacks of 20 feet from all property lines for both principal and accessory structures.

1. Flag lots in residential zones (SF-2, SF-3, SF-5, MR-1, and MR-2) shall have a minimum frontage of 20 feet on a public road or street from which access is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of 20 feet in width.

2. Flag lots in nonresidential zones (MUR, C, TC, BP, I, and P) shall have a minimum frontage of 24 feet on a public road or street from which an access way is taken. If such frontage does not exist, an easement to a public road or street shall be a minimum of 24 feet in width.

D. Irregular Lots. Where the shape of a lot does not generally conform to the types of lots described above, the city shall make a determination on the location of front, rear, and interior lot line, applicable setbacks and the applicable development standards for the lot.

1. In the case of triangular or otherwise irregularly shaped lots, a line at least 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line may be considered to the “rear lot line” at the city’s discretion.

2. In the case of an interior lot or “landlocked” lot that does not meet the minimum frontage required for access, the standards shall be the same, as those required for flag lots. (Ord. 03-203 § 1).

18.90.110 Nonconformities.

A. Within the zoning districts established by this title, or as amended, there may exist lots, uses, and structures that were lawfully established but which no longer conform to the provisions and standards of the zoning district in which they are located. Nonconformities may adversely affect the development and redevelopment of the city consistent with the provisions of the comprehensive plan. This section provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the city’s comprehensive plan and this title. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure.

B. This section shall apply to legally existing nonconformities, except the following:

1. Nonconforming sexually oriented businesses as defined in EMC 18.100.100, Sexually oriented businesses, which shall instead be governed by standards set forth in that section.

2. Nonconforming signs as defined in EMC 18.97.300, which shall instead be governed by standards set forth in Chapter 18.97 EMC.

3. Nonconforming wireless telecommunications facilities as defined in EMC 18.100.110, Personal wireless communications facilities, which shall instead be governed by standards set forth in that section.

4. Permit applications at the time of this title’s passage that constitute vested development shall instead be governed by existing standards. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in public record, except when they constitute a vesting. Nothing in this section shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as a nonconformity.

C. The provisions of this section apply only to nonconformities that were lawful, either by right or by discretionary permit, when initially established and these provisions may not be used as an alternative to removal or cessation of activities, structures, and uses which were illegal at the time of their establishment.

1. This provision shall not apply to dwelling units located in residential zones or in established mobile home parks, which may be reconstructed or replaced with no substantial change in floor area or other nonconforming feature.

D. The entire contiguous ownership of land shall be considered as a single parcel of land for determination of nonconformance as a consideration of development. A record of separate lot or parcel boundaries shall be disregarded. It is recognized that the dimensions of some nonconforming lots of record are so constrained that meeting some development regulations such as setbacks would render such lots essentially unbuildable. The city will consider unusual hardships in reviewing applications for such development. Pursuant to EMC 18.50.080, Variances, variances may be granted in such instances based on individual circumstances and may be conditioned to mitigate any negative effect on the surrounding area.

E. Nonconforming lots may not be altered in any way that would increase the degree of nonconformity; provided, this does not preclude acquisition or dedication of additional public right-of-way when deemed necessary by the community development director or designee.

F. Nonconforming Uses. Nonconforming uses may continue to be operated except as provided below. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. Nonconforming uses outside of a structure, which occupy only a portion of a lot, may not be relocated to any other portion of the property except as allowed in subsection (G) of this section. Nonconforming uses may not be expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations. All applicable construction permits must first be obtained for any such work.

G. Nonconforming Use Outside of a Structure – Relocation Without Expansion. A nonconforming use outside of a structure may be fully or partially relocated to another area of the underlying property, but only if such relocation: (1) reduces the degree of nonconformity between one or more parcel lines, and (2) does not expand the total area of the nonconformity. Approval for such relocation may be granted only once per nonconforming use and requires an administrative use permit pursuant to EMC 18.50.030 in addition to all other applicable regulations.

H. Nonconforming Structures. Maintenance, minor improvements and minor alterations to nonconforming structures are allowed to prevent them from becoming blighted and having detrimental impacts on the surrounding neighborhood. Nothing in this section shall be construed to prevent the strengthening or restoring to a safe condition of any nonconforming structure or part thereof declared to be unsafe by the building code official or other proper authority. No nonconforming structure shall be moved, altered, or enlarged unless required by law or a public agency in order to comply with public health, safety or welfare regulations. Any such movement, alteration, or enlargement of a nonconforming structure shall be the minimum necessary to achieve compliance with the regulation that is allowing the expansion.

I. The burden of demonstrating that nonconformity is lawful under this title rests with the property or business owner. Some examples of evidence that may indicate legal nonconforming status include: tax assessment records, construction or other permit records, personal or business income tax records, business license records, dated past advertising, dated business receipts to customers, dated rent receipts, affidavits from neighbors or tenants, testamentary documents, photographs whose date may be clearly ascertained, and other such information which is competent and factual. The city may, at its discretion, request such records from a property or business owner as a basis for determining whether nonconformity was legally established and preexisting.

J. Termination of Nonconforming Status.

1. A nonconforming development or use shall terminate under the following conditions:

a. When the use has been vacated or abandoned for a period of six or more months.

b. When the structure, which is nonconforming, has been damaged or destroyed to an extent exceeding 50 percent or more of its fair market value as indicated by the records of the Pierce County assessor.

2. Provided, that damaged uses that are allowed to reestablish, as provided in subsection (K) of this section, Damage or Destruction, shall not be considered to be terminated. Once terminated, the use shall not be reestablished, and any subsequent use must comply with the regulations of the zoning district in which it is located.

K. Damage or Destruction.

1. If a nonconforming use or structure is damaged or destroyed by any means to the extent of 50 percent or more of last assessed value, it may not be reestablished except in compliance with the regulations of the zoning district in which it is located.

2. If a nonconforming use or structure is damaged due to an involuntary event of fire, natural disaster or other casualty, to the extent of less than 50 percent of fair market value, it may be restored to substantially the same extent of nonconformance as preexisted the damage; provided, that all applicable construction permits are obtained prior to commencement of demolition and reconstruction. This provision shall not be construed as reducing any requirements of construction standards in effect for rebuilt structures. Restoration or replacement shall commence within one year from the date of damage.

L. The transfer of ownership of a nonconforming lot, use, or structure will not alter its legal nonconforming status.

M. By their nature, nonconformities can be unique and difficult to identify and equitably regulate. If questions arise with regard to nonconforming status or replacement when abandonment, damage, or destruction has occurred, the community development director or designee is hereby empowered to issue case-by-case determinations based on individual circumstances. Such determinations will constitute administrative determinations as set forth in EMC 18.50.020, Administrative interpretations, and shall be appealable as established in EMC 18.40.090, Process II – Administrative action. (Ord. 24-660 § 23 (Exh. B); Ord. 21-600 § 1 (Exh. 1); Ord. 20-582 § 3; Ord. 15-448 § 2 (Exh. A); Ord. 10-342 § 2; Ord. 03-203 § 1).

18.90.120 Outdoor storage.

A. The storage or parking of a recreational vehicle or a sporting vehicle on any residential premises in any zone that allows residential uses shall be subject to the following standards:

1. Recreational and sporting vehicles shall not be stored on a noncontiguous lot where no residential use exists.

2. No more than two recreational and/or sporting vehicles as defined in Chapter 18.20 EMC, Definitions, or equipment shall be stored outside an enclosed building or structure on residential property.

3. Said vehicles and equipment shall be screened from view of surrounding neighbors to the maximum extent feasible and shall not be used for habitation.

4. Recreational and sporting vehicles shall not be used for dwelling purposes.

5. Recreational and sporting vehicles shall be stored on a parking pad or in the driveway of the residence. No portion of the vehicle shall be located within the public right-of-way, even if vehicle is located in the driveway, a portion of which may be located within the public right-of-way.

6. The parking pad shall have a durable surface.

B. Outdoor Storage Areas and Yards.

1. Outdoor storage areas and yards shall be paved with asphalt or concrete, including contractor storage yards and areas where vehicles or heavy equipment will be parked or stored.

2. Nonvehicle storage areas such as those for materials may utilize alternative surface materials if the following standards are met:

a. Maneuver areas, aisles, assembly areas, and public access areas of the lot shall be paved.

b. No hazardous materials shall be stored or utilized in unpaved areas.

c. The community development director or designee may only approve alternative surface materials for the portion of the yard that may, in the community development director or designee’s opinion, be used for material storage.

d. The storage area shall be screened and fenced pursuant to EMC 18.90.090, Landscaping. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).

18.90.130 Parking.

A. The purpose of this section is to regulate parking and loading activities in order to improve traffic circulation and contribute to the public health, safety, general welfare and aesthetics of the city of Edgewood by providing sufficient on-site areas for the maneuvering and parking of motor vehicles. Furthermore, it is the intent of this section to allow the provision of sufficient off-street parking to meet the needs of urban development, but not an excess surplus of spaces, and to promote more efficient use of the city’s transportation facilities by encouraging the movement of people from place to place via alternative modes of transportation to the single occupancy vehicle.

B. This section is applicable to all new developments and all alterations and additions to, or expansion of, existing developments in the city of Edgewood, except for single-family residences.

C. Parking Standards.

1. Where any structure is enlarged, expanded, erected, major exterior remodeled, or the use is changed, off-street parking spaces shall be provided for said expansion or enlargement in accordance with this section. A change in use in an existing structure may require additional off-street parking spaces as set forth in this section.

2. In the case of a use that is not specifically mentioned in this section, the requirements for off-street parking facilities shall be determined by the community development director or designee based upon the requirements for the most comparable use specified in this section; or, where in the opinion of the community development director or designee no comparable use exists, based upon a reasonable rationale provided an official determination written to the applicant. The community development director or designee may require that the applicant conduct a parking study to evaluate the parking needs associated with a proposed use.

3. All areas used for parking, maneuvering, circulation, pedestrian access, and loading or unloading shall be paved with asphalt or concrete (either conventional or permeable) and shall be improved and available for use at the time of final building inspection. Pervious alternative materials that meet LID standards (e.g., pervious asphalt, etc.) shall be used to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM). Refer to the PCM and associated guidance documents for additional information, restrictions, and standards for alternative paving materials.

4. Off-street parking facilities shall be located on the same property as the use they are required to serve and within 300 feet of the use. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that such facility is required to serve.

a. For a nursing home, assisted living facility, convalescent home, or group home, the parking facilities shall be located within 100 feet of the building they are required to serve.

b. Repealed by Ord. 10-336.

5. Size and Access.

a. A standard parking space shall have a minimum width of nine feet and a minimum length of 18 feet. Compact stalls shall have a minimum width of eight and one-half feet and a minimum length of 15 feet (see Figure 6).

b. Up to 30 percent of the required parking for a development may consist of compact stalls. No more than four compact stalls may be adjacent to each other, and the compact stalls shall be evenly dispersed throughout the parking area and clearly identified with permanent marking on the pavement as approved by the community development director or designee.

c. Two-way drive aisles shall have a minimum width of 24 feet where providing access to spaces at a 90-degree angle to the drive aisle, and 20 feet where spaces are at angles of 70 degrees or less to the drive aisle. One-way drive aisles shall have a minimum width of 20 feet where providing access to spaces at a 90-degree angle to the drive aisle. Where spaces are at angles of 70 degrees or less to the drive aisle, the standards listed in Table 3 shall apply:

Table 3

Parking Angle

Minimum One-Way Aisle Width

50 degrees or less

15'

55

16'

60

17'

65

18'

70

19'

d. Except for a single-family dwelling, groups of more than two parking spaces shall be provided with adequate aisles or turnaround areas so that all vehicles may enter the street in a forward manner. More than three parking spaces shall be served by a driveway designed and constructed to facilitate the flow of traffic on and off the site, with due regard to pedestrian and vehicle safety, and which shall be clearly and permanently marked and defined.

e. Driveways, aisles, turnaround areas, and ramps shall have a minimum vertical clearance of 14 feet for their entire length and width but such clearance may be reduced in parking structures.

f. For the purpose of loading and unloading children, one-way driveways with a continuous forward flow design shall be located on the site of schools and daycares which have a capacity greater than 50 children.

g. Wheel stops, a minimum of two feet from any obstruction or the end of the parking stall, shall be required in the following locations:

i. Where the parking stall abuts a building or where vehicles may overhang a property line;

ii. Where the parking stall abuts a raised pedestrian walkway of less than eight feet in width;

iii. Where a parking stall abuts any physical object that may be impacted, such as light standards, fire hydrants, fences, power vaults, utility poles, etc.;

iv. Where a hazardous grade difference exists between the parking area and the abutting property;

v. Where the parking stall abuts an LID system;

vi. Where hazardous situations may exist as determined by the community development director or designee.

h. Multiple-level parking structures developed either as a single use structure or as parking incorporated into a structure shall be designed and laid out in accordance with the dimension and numeric requirements of this section.

6. Unit of Measurement.

a. Where stationary, nonmovable seating is used by patrons or spectators in places of assembly, each 20 inches of width shall count as one seat for the purpose of determining requirements of off-street parking facilities under this section.

7. Where off-street parking is required, a plan indicating how the off-street parking and loading requirement is to be provided and shall accompany the application for a development permit. Applications for single-family dwellings are exempt from the requirements of this section. The plan shall show all those elements necessary to indicate that these requirements will be fulfilled including but not limited to:

a. Location and dimensions of LID systems (if applicable);

b. Delineation and dimensions of individual parking spaces, both regular and compact spaces, and loading and unloading areas;

c. Dimensions of circulation and maneuvering areas necessary to serve spaces;

d. Access to streets, alleys, and properties served;

e. Curb cuts and curb placement;

f. Dimensions, continuity and substance of landscaping and screening;

g. Grading, drainage, surfacing and subgrading details;

h. Delineation of all structures or other obstacles to parking, circulation and visual clearance on the site;

i. Specifications as to location of signs and wheel stops;

j. Sidewalks and pedestrian pathways;

k. Vision clearance areas for all points of ingress and egress.

8. Parking Study Requirements. When directed by the community development director or designee, the applicant will prepare a parking study evaluating the parking needs associated with a proposed use. This study will contain a recommendation of effective parking management strategies to improve traffic circulation and contribute to the public health, safety, general welfare and aesthetics of the city of Edgewood by providing sufficient on-site areas for the maneuvering and parking of motor vehicles. This study shall have all the elements necessary to indicate that parking needs have been mitigated including, and not limited to:

a. Existing parking conditions.

b. Parking supply.

c. Parking utilization data.

d. Parking demand.

e. Parking capacity.

f. Average parking duration.

g. Other jurisdictions’ parking policies.

h. Comparison of minimum parking requirements.

9. Accessible parking for persons with disabilities shall be provided consistent with state and federal regulations.

10. Parking areas shall meet the applicable landscaping requirements of EMC 18.90.090, Landscaping.

11. Parking areas shall meet the applicable landscaping requirements of Chapter 18.95 EMC, Design Standards.

D. Any building that is erected or enlarged shall provide a minimum of one off-street or off-alley loading area.

1. The minimum area required for commercial and industrial loading spaces is as follows:

a. Two hundred fifty square feet for buildings of 5,000 to 20,000 gross square feet.

b. Five hundred square feet for buildings of 20,000 to 30,000 gross square feet.

c. Additional loading space shall be required of buildings based on the size, proposed use, potential uses, and location as deemed necessary by the community development director or designee.

2. Each loading space shall measure not less than 30 feet by 12 feet and shall have an unobstructed height of 14 feet.

3. Each loading space shall be made permanently available for such purpose, and shall be surfaced, improved, maintained, and screened in accordance with this section and EMC 18.90.090, Landscaping.

4. Loading spaces shall be located adjacent to the building to be served thereby in such a way that trucks in these spaces shall not encroach upon or interfere with areas reserved for off-street parking nor project into any public right-of-way or interior pedestrian area. Loading space or maneuvering areas shall be in addition to required off-street parking spaces.

5. Loading berths shall be located not closer than 50 feet to any residential district, unless wholly enclosed within a building, or unless screened from such residential area by a wall or uniformly painted fence not less than six feet in height and Type V, solid barrier landscaping.

6. Space for loading berths may occupy all or any part of any required setback except for landscaping setback requirements as long as the loading berth is uncovered. A covered loading area shall comply with the minimum building setback requirements for the district.

7. If the site upon which such loading space or spaces is to be located abuts upon an alley, such loading space or spaces shall be off-alley.

8. Buildings that utilize dock-high loading doors shall provide a minimum of 100 feet of clear maneuvering area in front of each door. Buildings that utilize ground level service or loading doors shall provide a minimum of 45 feet of clear maneuvering area in front of each door.

E. Use- and Site-Specific Standards.

1. Drive-up Windows. All establishments and businesses which maintain drive-up windows, which are intended to serve customers who remain in their motor vehicles during the business transactions or are designed in such a manner that customers must leave their automobiles temporarily in a driving line located adjacent to the facility, shall provide stacking space for the stacking of motor vehicles as follows:

a. The drive-up window shall be so located that sufficient stacking space is provided for the handling of motor vehicles using such facility during peak business hours of such a facility.

b. Entrances and exits shall not be so located as to cause congestion in any public right-of-way.

c. When located in a shopping center, drive-through facilities shall provide sufficient stacking space to handle peak business demands and shall not in any way obstruct the normal circulation pattern of the shopping center.

2. Transit Support Facilities.

a. For developments that generate a parking demand of greater than 24 parking spaces, the developer shall fund the purchase and installation of one or more transit shelters and/or other related transit support facilities as determined by Pierce Transit operational criteria, based on the size and nature of the use.

b. When a transit shelter is not required to be installed, transit stops shall include design features or changes in materials that demarcate the stop. A bench is to be provided at a bus stop where at least five transit riders are expected to board buses on an average weekday, and a shelter is to be provided at a bus stop where at least 10 transit riders are expected to board buses on an average weekday.

c. Any single-family development with 100 to 250 units, or multifamily residential with 50 to 100 units that will be located on a street where regularly scheduled transit service is provided, shall be required to provide a concrete pad adjacent to the sidewalk and a transit shelter with all required transit support facilities. The required “concrete pad” must utilize appropriate material(s) as agreed with the transit service provider.

d. Any single-family development with over 250 units, or multifamily residential with over 100 units that will be located on a street where regularly scheduled transit service is provided, shall be required to provide two concrete pads adjacent to the sidewalk and two transit shelters with all required transit support facilities. The required “concrete pad” must utilize appropriate material(s) as agreed with the transit service provider.

e. Transit facilities shall be sited in accordance with the requirements of the appropriate transit agency and this title. Transit shelters and related facilities shall be provided for transit stops that are located adjacent to or within 600 feet of the development site on each side of the street that has a transit route. This requirement may be waived when the appropriate transit agency has determined that current and projected ridership do not warrant the installation of a shelter within the 600-foot distance.

f. When a transit shelter is required to be installed, seating, garbage receptacles, and lighting shall also be provided.

g. Transit pullouts shall be provided as an element of street improvements if Pierce Transit and the city determine that a pullout is necessary to provide a safe refuge for transit vehicles or to minimize conflicts with other vehicles.

F. Joint use of required parking spaces may be permitted where two or more uses on the same site or separate sites in close proximity are able to share the same parking spaces because their parking usage does not materially overlap (e.g., uses primarily of a daytime vs. nighttime or weekday vs. weekend nature). Shared parking shall be legally encumbered and shall meet all of the applicable standards of this section. Joint use of required nonresidential parking spaces may be authorized by the community development director or designee if the following documentation is submitted in writing to the community development department:

1. The names and addresses of the owners and/or tenants that are sharing the parking;

2. The uses that are involved in the shared parking;

3. The location and number of parking spaces that are being shared:

a. An analysis showing that the peak parking times of the uses occur at different times and that the parking area will be large enough for the anticipated demands of both uses; and

b. A legal instrument such as an easement or deed restriction that guarantees continuing access to the parking for both uses subject to the review and approval by the city attorney.

G. Parking Space Standards by Land Use.

1. The size of a development and the proposed use type determine the minimum number of required parking spaces. Unless otherwise specified, the number of parking requirements is based on the gross square footage (gsf) of the building.

2. The parking requirement for any office space associated with a use shall be calculated at the rate of one parking space for each 250 gsf of office use.

3. One parking space shall be required for each commercial vehicle that originates from the site or is regularly present on the site.

4. The number of employee spaces required shall be based on the maximum number of employees who may be on-site at any one time.

5. Maximum Parking Requirements. Parking for a specific use in zones covered by this section shall be limited to no more than 50 percent greater than the minimum parking requirement required above. The parking maximum does not apply to the following:

a. If parking spaces are provided above/below grade.

b. If the director determines additional off-street parking spaces are warranted based on a parking study. In making such a decision, the director shall also consider whether the proposal is consistent with the stated purposes, objectives, goals or policies established in this section and the design standards. The director shall also have the authority to restrict parking for a specific use to an amount that is less than the maximum amount allowed in this section if the proposal would substantially conflict with the stated purposes, objectives, goals or policies contained in the Edgewood comprehensive plan and similar plans and policy documents as adopted by the city of Edgewood.

6. Since a fraction of a parking space cannot be provided, parking calculations from Table 1, Minimum Parking Requirements, shall be rounded up to the nearest whole number.

Table 1: Minimum Parking Requirements 

Residential

Accessory

Accessory Dwelling Unit (ADU), Attached

One per dwelling unit

ADU, Detached (Backyard Cottage)

One per dwelling unit

Caretaker Residence

One per dwelling unit

Single-Family

Detached Dwelling

Two per dwelling unit

Cottage Court

Two per dwelling unit

Multifamily

Duplex: Side by Side

Two per dwelling unit

Duplex: Back to Back

Two per dwelling unit

Duplex: Top and Bottom

Two per dwelling unit

Attached Dwelling

Two per dwelling unit

Multi-Plex

1.5 per dwelling unit

Townhouse

1.5 per dwelling unit

Apartment

1.5 per dwelling unit

Other

Adult Family Home

One per three beds plus one per employee

Nursing and Residential Care Facilities

One per four beds

Assisted Living Facilities

One per three beds plus one per employee

Live/Work Unit

One per business use in addition to the residential use

Agriculture and Resource

Family Farm

Parking study required

Agricultural Sales

One per 300 gross square feet

Crop Production

Marijuana Production

Parking study required

Crop Production, All Other

Parking study required

Animal Production and Aquaculture

Hog and Pig Farming

Parking study required

Cattle Feedlots

Parking study required

Animal Production and Aquaculture, All Other

Parking study required

Mining, Quarrying, and Oil and Gas Extraction

Parking study required

Utilities

Electric Power Generation

NA

Potable Water Treatment

Parking study required

Sewage Collection or Treatment Facility

NA

Wireless Communication Facilities

Parking study required

Manufacturing

Animal Slaughtering and Processing

Parking study required

Marijuana Processing

See city Ordinance Nos. 11-0356, 13-0410, 14-0425, and/or 17-0502

Manufacturing, Craft (special)

One per 1,000 gross square feet

Manufacturing, Light

One per 1,000 gross square feet

Manufacturing, Heavy

One per 1,000 gross square feet

Wholesale and Retail Trade

Wholesale Trade

Three per 1,000 square feet

Retail Trade

Automobile and Other Motor Vehicle Dealers

One space per 500 square feet of sales area, or one space per 1,000 square feet of lot area, whichever is greater

Gasoline Stations

0.75 per fueling station multiple product dispenser

Pet and Pet Supplies Stores

One per 300 gross square feet

Fuel Dealers

One per 750 gross square feet of building devoted to maintenance

Marijuana Retailers

See city Ordinance Nos. 11-0356, 13-0410, 14-0425, and/or 17-0502

Sexually Oriented Retail Businesses

One per 100 gross square feet

Retail Trade, All Other

Three per 1,000 square feet

Transportation and Warehousing

Transportation

Pipeline Transportation

NA

Transportation, All Other

Parking study required

Warehousing and Storage

Mini-Warehouses and Self-Storage Units

One per 2,000 gross square feet

Warehousing and Storage, All Other

One per 2,000 gross square feet

Business and Professional Services (Sector 51-56)

General (All Office Use)

Three per 1,000 square feet

Rental and Leasing

Passenger Car Rental and Leasing

One per 5,000 gross square feet

Truck, Utility Trailer, and RV Rental and Leasing

One per 5,000 gross square feet

Consumer Goods Rental

One per 500 gross square feet

Commercial and Industrial Equipment Rentals

One per 5,000 gross square feet

Waste Management and Remediation Services

Waste Management and Remediation Services, All Other

Parking study required

Educational Services

Elementary and Secondary Schools

For primary schools, two per employee, plus one per 30 children, plus parking for buses. For secondary schools and higher educational facilities, two per employee, plus one per four students, plus parking for buses.

Junior Colleges, Colleges, Universities, and Professional Schools

Two per employee, plus one per four students, plus parking for buses

Technical and Trade Schools

Two per employee, plus one per four students, plus parking for buses

Educational Services, All Other

Two per employee, plus one per four students, plus parking for buses

Health Care and Social Assistance

Ambulatory Health Care Services, All Other

One per 250 gross square feet

Hospitals

Parking study required

Social Assistance

Services for the Elderly and Persons with Disabilities

One per 250 gross square feet

Vocational Rehabilitation Services

One per 250 gross square feet

Child Daycare Services, Home-Based

Two per facility, plus one per employee

Child Daycare Services, All Other

One per employee, plus one per five clients, and loading area

Social Assistance, All Other

One per 250 gross square feet

Arts, Entertainment, and Recreation

Libraries

One per 250 gross square feet

Museums and Art Galleries

One per 250 gross square feet

Zoos, Aquariums, and Botanical Gardens

Parking study required

Golf Courses and Country Clubs

Parking study required

Sexually Oriented Entertainment

One per 100 gross square feet

Gambling Industries

Parking study required

Indoor Arts, Entertainment, and Recreation Activities, Other (Special)

Parking study required

Outdoor Arts, Entertainment, and Recreation Activities, Other (Special)

Parking study required

Accommodation

Hotels (except Casino Hotels) and Motels

1.1 per bedroom

Bed-and-Breakfast Inns

One per guest room

RV Parks and Recreational Camps

Parking study required

Food Service and Drinking Places

Special Food Services

Parking study required or follow primary use parking standards

Mobile Vendors

NA

Drinking Places for Alcoholic Beverages

One per 100 square feet in dining, lounge and customer ordering area

Restaurants, Full Service

One space per 100 square feet of seating or waiting area or one space for every three seats, whichever is greater

Restaurants, Limited Service

One per 100 square feet in dining, lounge and customer ordering area

Snack and Nonalcoholic Beverage Bars

One per 100 square feet in dining, lounge and customer ordering area

Services (Sector 811-812)

Automotive Repair and Maintenance

Automotive Oil Change and Lubrication Shops

Parking study required

Car Washes

Parking study required

Automotive Repair and Maintenance, All Other

Parking study required

Personal Care Services

One per 250 gross square feet

Other Repair and Maintenance

Other Repair and Maintenance, Consumer

One per 500 gross square feet

Other Repair and Maintenance, Commercial/Industrial

One per 500 gross square feet

Funeral Homes and Funeral Services

One per three seats

Crematoria

One per three seats

Pet Care Services

Kennels

One per 300 gross square feet

Veterinary Services

One per 300 gross square feet

Pet Care Services, All Other

One per 300 gross square feet

Civic and Public Uses

Cemeteries

Parking study required

Religious Assembly

up to 10,000 sq. ft.

One per five fixed seats plus one per 50 square feet of gross floor area without fixed seats used for assembly purposes

10,000 to 19,999 sq. ft.

One per five fixed seats plus one per 50 square feet of gross floor area without fixed seats used for assembly purposes

20,000 to 29,999 sq. ft.

Parking study required

30,000 to 39,999 sq. ft.

Parking study required

40,000 sq. ft. or greater

Parking study required

Correctional Institutions (922140)

Parking study required

Administrative Government Facilities and Services

One per 250 gross square feet

Parks, Open Space, and Public Recreation

Parking study required

(Ord. 20-579 § 5 (Exh. D); Ord. 16-482 § 2 (Exh. F); Ord. 16-469 § 2 (Exh. A); Ord. 15-448 § 2 (Exh. A); Ord. 10-336 § 2; Ord. 03-203 § 1).

18.90.140 Performance standards.

A. Performance standards deal with the operational aspects of land uses and their impacts on other adjacent uses, the community, and the general public. The intent of this section is to provide standards and regulations to minimize and mitigate the potential adverse effects to other properties, development, and people.

B. While performance standards are primarily concerned with the impact of commercial and industrial development upon the environment, performance standards shall apply to all land uses within the city. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements:

1. Noise, vibration or glare.

2. Smoke, dust, odor or other form of air pollution.

3. Heat, cold or dampness.

4. Hazardous substances and wastes.

C. Uses established before the effective date of this title, which are nonconforming as to performance standards, shall be given five years from the date of adoption of this title in which to conform therewith.

D. The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the dangerous and/or objectionable elements and at any point where the existence of such elements may be more apparent. This is provided, however, that the measurement of performance standards for noise, vibration, odors, glare, or hazardous substances or wastes shall be taken at the property lines and/or at the buffer zone setback line for any hazardous substance land use facility, in all zoning districts.

E. Restrictions on Dangerous and Objectionable Elements.

1. No noise shall be permitted in violation of Chapter 8.20 EMC or this chapter.

2. No vibration shall be permitted which is discernible without instruments at the points of measurement specified in this section.

3. No emission shall be permitted of odorous gases or other odorous matter released from any operation or activity in such quantities so as to exceed the odor threshold beyond lot lines. The odor threshold shall be defined as the concentration in the air of a gas or vapor which will just evoke a response in the human olfactory system.

4. No direct or reflected light or glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise, so as to be visible at the property lines or skyward beyond the building height of the zone, shall be permitted.

5. The regulations of the federal occupational safety and health standards shall apply for all radioactivity and electrical disturbance unless local codes and ordinances supersede this federal regulation.

F. The community development director or designee shall have the power to authorize the following procedures prior to the issuance of an application approval:

1. An application for approval for a use subject to performance standard procedures shall be accompanied by a site plan and detailed information describing the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in restricting the creation or emission of dangerous and objectionable elements as set forth in this section. The applicant shall also provide such supporting scientific, technical or other data and/or information as is necessary to establish that the use will comply with the performance standards set forth in this section, subject to review by expert consultants. The community development director or designee, at his or her discretion, may refer the application for review and evaluation to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in this section, in a manner set forth in the application. The applicant shall submit a deposit pursuant to EMC 3.35.030 to cover costs prior to review. Deposits for third-party review or consultants shall be processed pursuant to EMC 3.35.030. A copy of such report shall be filed with the community development department for inspection by interested persons.

2. The community development director or designee shall determine whether the proposed use will conform to the applicable performance standards, and on such basis shall authorize or refuse to authorize issuance of a zoning approval, or require a modification of the proposed equipment or operation. Any zoning approval so authorized and issued shall be conditioned upon, among other things, the applicant’s completed buildings and installations application conforming to the applicable performance standards.

3. Enforcement. Violations of performance standards shall constitute civil violations subject to enforcement and penalties as prescribed in EMC Title 7, Code Enforcement, unless otherwise specified.

G. Permitted Land Development and Construction Activities.

1. Unless otherwise modified by a permit decision, activities regulated under EMC Titles 12, 13, 14, 15, 16, 18 and 20 shall be limited to the following hours:

a. Monday through Friday: 7:00 a.m. to 7:00 p.m.

b. Saturday: 9:00 a.m. to 6:00 p.m.

c. Sunday: No construction.

d. City-observed holidays: No construction.

2. This subsection (G) shall not apply to activities not requiring a permit that are associated with residential property upkeep and maintenance, general landscaping, and/or hobbyist activities. (Ord. 23-652 § 84 (Exh. A); Ord. 22-633 § 5 (Exh. B); Ord. 20-591 § 1 (Exh. 1); Ord. 20-572 § 9 (Exh. I); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).

18.90.150 Setback standards.

A property line is a line of record bordering a lot that divides one lot from another lot or from a public or private street right-of-way or any other private or public space. See Figure 3.

A. Front lot line is the portion of a lot line abutting a street right-of-way.

B. Interior lot line is any lot line other than a front or rear lot line.

C. Rear lot line is the lot line opposite and most distant from the front lot line.

D. All lots shall contain at least one front yard setback. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots shall contain one rear yard setback except for through lots. All other setbacks will be considered interior yard setbacks.

E. Projection Exception.

1. Fireplace structures, cornices, canopies, sunshades, bay or garden windows or similar ornamental features may project into any setback, provided such projections are:

a. Not wider than 10 feet;

b. Not more than 18 inches into an interior, front, or rear yard setback.

2. Eave overhangs may project two feet into any required setback.

3. Porches, decks, and other structures which do not exceed 30 inches height from the finished lot grade may project into any setback, provided such projections do not extend more than three feet into a front, rear, or interior yard setback.

4. Wheelchair ramps may project into any required setback. (Ord. 03-203 § 1).

18.90.160 Signs.

Repealed by Ord. 19-552. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1; Ord. 02-188 § 2).

18.90.170 Streetscapes.

A. Streetscapes shall be improved as specified in Chapter 18.95 EMC, Design Standards, EMC 18.90.090, Landscaping, and EMC 18.90.130, Parking.

B. The community development director or designee may modify commercial streetscape improvement requirements for structure remodeling or tenant improvements in accordance with Chapter 18.95 EMC, Design Standards, EMC 18.90.090, Landscaping, and EMC 18.90.130, Parking, and the following:

1. The community development director or designee may permit modification of streetscape improvements, requirements and standards when development of the required landscaping improvement(s), in the opinion of the community development director or designee, is not practical due to physical limitations of the site which are no fault of the applicant.

2. The community development director or designee may permit modification of streetscape improvement standards where the required streetscape, in the opinion of the community development director or designee, is not roughly proportionate to the impact, type, scale, and cost of the proposed development action.

3. The streetscape design alternatives shall be documented as an administrative determination. Mailing of notice to adjacent property owners potentially affected by the development regulation modifications is required. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).

18.90.180 Tree preservation.

A. Purpose. The purpose of this section is to establish the significant tree preservation requirements necessary when conducting any development or development activity within the city of Edgewood. Specifically, the regulations contained in this section are intended to accomplish the following 10 goals and objectives:

1. Promote the public health, safety and general welfare of the residents of Edgewood;

2. Implement the purposes of the State Growth Management Act relating to conservation of natural resources;

3. Support and implement the city of Edgewood’s Comprehensive Plan, specifically the natural environment, land use, and community character elements;

4. Implement the goals of the State Environmental Policy Act (SEPA);

5. Improve the aesthetic quality of the built environment by reducing impacts on critical areas and the natural environment;

6. Minimize erosion, siltation, water pollution, and surface and ground water runoff by the preservation of significant trees;

7. Provide for the reasonable development of property, reasonable preservation or enhancement of property values, and for increases in privacy for residential sites;

8. Promote building and site planning practices that are consistent with the city’s natural topography, soils, and vegetation features;

9. Provide an appropriate amount and quality of tree retention related to future land uses; and

10. Provide for increased areas of permeable surfaces that allow for infiltration of surface water into ground water resources, reduction in the quantity of storm water discharge, and improvement in the quality of storm water discharge.

B. Applicability. The preservation of certain trees is required for any development or development activity.

1. Tree preservation requirements are applicable to all zoning districts and shall be provided in accordance with each individual zoning district and the provisions of this section. In the event a permit is not required for the establishment of a use, the standards of this section still apply.

2. Existing residential development or single-family residences that comply with current EMC 18.80.040(C)(1) minimum and maximum densities are exempt from this section.

C. Process.

1. Tree Preservation Requirements. Any development or development activity shall retain and replace significant trees in accordance with the following requirements:

a. All significant trees within 15 feet of the lot perimeter shall be preserved.

i. At the discretion of the community development director or designee, significant trees may be removed for required site access, buildings, roads, utilities, sidewalks, trails, or storm drainage improvements.

ii. Any removed tree must be replaced in accordance with subsection (C)(4) of this section.

b. A percentage of all significant trees within the interior of a lot, exclusive of the significant trees already required to remain per subsection (C)(1)(a) of this section shall be retained as required per the following standards:

i. In single-family residential zoning districts, mixed residential zoning districts, and the public zoning district, 50 percent of the significant trees located within the interior landscaping area of the lot, or individual lots in the case of residential subdivisions, shall be retained.

ii. In the industrial zoning district, 10 percent of the significant trees located within the interior landscaping area of the lot, or individual lots in the case of subdivisions, shall be retained.

iii. In the town center, commercial, mixed use residential, and business park zoning districts, 10 percent of the significant trees located within the interior landscaping area of the lot, or individual lots in the case of subdivisions, shall be retained. In addition, EMC 18.80.080(G)(8), Tree Preservation and Protection Standards, applies to any development or development activity in these zones.

2. Tree Retention Plan. A tree retention plan shall be submitted to the city for any development or development activity. The plans shall be submitted with the required project permit and shall be prepared in accordance with the requirements outlined in this subsection.

a. Tree Survey. The tree retention plan shall include a tree survey that identifies all significant trees on the subject site.

i. The tree survey shall be performed by a qualified tree professional.

ii. While sampling may be used to perform the overall tree inventory, the survey must show the location, number, size, height, species, and condition of each significant tree.

iii. If physical conditions do not warrant the identification of each significant tree, then the sampling results of the plot with the highest number of significant tree diameter inches shall be used as the representative sample.

iv. Inventory sampling shall be performed in accordance with the following plot to acre ratios.

Acres

Minimum number of plots

10 or less

3

11–20

6

21–40

10

41–150

15

>150

1 plot/10 acres

b. Identification of Significant Trees. The tree retention plan shall identify each significant tree that is proposed to be retained, designated to be removed, or requested to qualify for the interior significant tree retention incentive.

c. Interior Significant Tree Retention Incentive. Significant trees that are retained and located outside of the perimeter area, as prescribed in subsection (C)(1)(a) of this section, may be credited as two trees for complying with the retention requirements in subsection (C)(1) of this section, provided it meets one or more of the following criteria:

i. The tree exceeds 60 feet in height, or 24 inches in diameter for evergreen trees, or 30 inches in diameter for deciduous trees;

ii. The tree is located in a grouping of at least five other significant trees with canopies that touch or overlap;

iii. The tree provides energy savings, through wind protection or summer shading, as a result of its location relative to buildings;

iv. The tree belongs to a unique or unusual species;

v. The tree is located within 25 feet of any critical area or required critical area buffers; or

vi. The tree is 18 inches in diameter or greater and is identified as providing wildlife habitat.

d. Tree Protection Techniques. The tree retention plan shall demonstrate the tree protection techniques intended to be utilized during land alteration and construction in order to provide for the continual healthy life of retained significant trees. The proposed tree protection techniques will be reviewed by the city to ensure compliance with the provisions of this section.

e. If any significant tree that has been specifically designated to be retained in the tree preservation plan dies within three years of the development of the site, then the significant tree shall be replaced at a rate of 3:1.

3. Tree Protection Measures. Tree protection measures have been established to reduce the impacts of development action on existing significant trees. The protection measures are as follows:

a. If a tree retention, landscape plan, or both are required, no clearing shall be allowed on site until approval of each such plan.

b. An area free of disturbance, corresponding to the dripline of the significant tree’s canopy shall be identified and protected during the construction stage with a temporary three-foot-high chainlink or plastic net fence. No impervious surfaces, fill, excavation, storage of construction materials, operations or parking of vehicles shall be permitted within the area defined by such fencing.

4. Tree Replacement. Any removed significant tree, subject to this section, shall be replaced in accordance with the following standards.

a. Significant trees shall be replaced at a rate of 1.5 times to one (1.5:1) of the total tree diameter inches of all the significant trees that were removed.

b. Replacement trees shall be no smaller than two inches DBH for deciduous trees and seven feet in height for evergreen trees.

c. Preserved healthy trees, which are not designated as at-risk on a tree risk assessment, between two and 12 inches in tree diameter, may be counted towards the on-site 1.5:1 replacement requirement by subtracting their respective DBH inches from the total replacement count.

d. Replacement trees shall be native to Washington State and shall be classified as noninvasive species.

e. Tree replacement plans shall be prepared by a qualified tree professional.

D. Determining Significant Trees.

1. To be identified as a significant tree, an existing tree must meet at least one of the following criteria:

a. When measured at breast height, must have a minimum diameter of 12 inches;

b. The community development director or designee designated the tree as significant due to any one of the following:

i. The uniqueness of the tree species;

ii. The tree is not a hazardous tree and provides important wildlife habitat; or

iii. The tree’s unique historical, ecological, or aesthetic value constitutes an important community resource.

2. Trees will not be considered “significant” if a tree risk assessment from a qualified tree professional determines, and the community development director or designee reviews and concurs, that the tree is at risk due to a structural defect, combination of defects, or disease.

a. Regardless of tree health, a tree may also be determined as a safety hazard in a tree risk assessment if the tree poses a threat to human health or may cause damage to a structure, roadway, or utility facility if toppled.

b. Hazardous trees that are not considered significant may be removed following the review and concurrence of the tree risk assessment by the community development director or designee.

c. To undertake a tree risk assessment, a qualified tree professional must be tree risk assessment qualified (TRAQ), as established by the International Society of Arboriculture (ISA).

E. Critical Areas Regulations.

1. All trees within a critical area, critical area buffer, or open space tract shall be retained.

2. Trees specifically indicated in a discretionary land use permit or tree removal permit may be exempted from the requirement to be retained, subject to the provisions of EMC Title 14 and tree replacement requirements.

F. State Environmental Policy Act Requirements. Additional or specific tree retention may be required as SEPA mitigation in addition to the requirements of this section. (Ord. 21-604 § 1 (Exh A.)).

18.90.190 Accessory dwelling units.

A. Purpose. Accessory dwelling units (ADUs) are intended to increase the supply of affordable and independent housing for a variety of households, increase home and personal security, and provide flexible options for property owners and their families. This should occur by utilizing the existing infrastructure and community resources throughout the city while protecting the existing character of single-family neighborhoods.

B. Procedures. Any landowner seeking to establish an ADU shall apply for and obtain approval in accordance with the following procedures:

1. Application. The landowner shall apply for a building permit for an ADU. A complete application form must demonstrate that all size thresholds and design standards are met.

2. Septic System Approval. A site with or proposing an on-site sanitary sewer (OSS) for the proposed ADU shall have an approved sanitary sewer inspection or separate septic system review by Tacoma-Pierce County Health Department (TPCHD) and must provide the TPCHD-approved site plan at the time of ADU application.

3. Application Review. Accessory dwelling unit determination of completeness, department review and approval shall be subject to the procedures for a Process I administrative approval as prescribed in EMC 18.40.080.

4. Business License. If the ADU shall be made available for rental occupancy, the landowner shall obtain a business license for such rental pursuant to Chapter 5.05 EMC. The state application for a business license or city of Edgewood business license shall be included in the landowner’s ADU permit application.

5. Preexisting Accessory Dwelling Units. Preexisting accessory dwelling units, established prior to the enactment of this code section, may obtain legal status using the same standards and procedures for a new ADU. After approval, the landowner must provide title notification establishing that the ADU was legally constructed.

C. General Requirements. The creation of an ADU shall be subject to the following general requirements:

1. Number. One ADU shall be allowed per lot of record as an accessory use in conjunction with any detached single-family structure. ADUs shall not be counted in site net density calculations pursuant to EMC 18.90.040.

2. Type of Unit. An ADU shall be permitted as a second dwelling unit either attached to, or detached from, the primary residence.

3. Size. An ADU shall be no greater than 1,200 square feet (net square feet including only livable space) or 80 percent of primary residence size, whichever is less.

4. Design. Each ADU shall be architecturally consistent with the primary dwelling unit on site in the following ways:

a. Exterior finish materials shall visually match in color, texture, type, size and placement, the exterior finish materials of the primary dwelling.

b. The roof style shall match the predominant roof style of the primary dwelling.

c. New construction of a detached ADU or conversion of an existing detached structure to an ADU shall not be permitted within the required front, side, or rear yard setback. An exception to the required rear and side yard setback shall be allowed if the rear yard abuts an alley.

d. For detached ADUs, the building height of the ADU shall not be greater than the principal dwelling’s building height.

e. An ADU shall have a permanent foundation.

f. An attached ADU must utilize a private entrance; contain a bath, kitchen and sleeping quarters; and provide fire separation from the main unit.

5. Utilities. The landowner shall be responsible for obtaining all necessary utility service for an ADU, including without limitation, water, sewer, electric, and phone service, in accordance with applicable rules, regulations, and policies.

6. Parking. One off-street parking space shall be required for the ADU in addition to off-street parking required for the principal dwelling pursuant to EMC 18.90.130, Parking.

D. Prohibition. ADUs that have not been approved pursuant to this section are prohibited. (Ord. 18-536 § 1; Ord. 16-469 § 2 (Exh. A)).