Chapter 18.90
DEVELOPMENT STANDARDS – CITYWIDE APPLICABILITY

Sections:

18.90.010    Purpose.

18.90.015    Modifications – Development agreement.

18.90.020    Accessory buildings.

18.90.030    Concurrency.

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    Signs.

18.90.170    Streetscapes.

18.90.180    Tree preservation.

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.

The city recognizes that allowing occasional modifications to the EMC Title 18, Development Standards, standards and procedures can serve the public interest by providing a benefit to the public and to the property owners where large-scale development or redevelopment of property is desired subject to the following:

A. The city council may grant modifications to any provision prescribed in this title when approving a development agreement pursuant to EMC 18.50.090.

B. Modifications to adopted standards and procedures may be granted if:

1. The minimum land area that the development agreement affects shall consist of at least five net buildable acres;

2. The land is located in the Mixed Residential, Mixed Use Residential, Commercial and/or Town Center zoning districts;

3. The development standards set forth in the development agreement do not conflict with the goals and policies prescribed in the city’s comprehensive plan; and

4. The project shall as a whole provide public benefits beyond those provided without a development agreement. (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. (Ord. 03-203 § 1).

18.90.030 Concurrency.

A. All new development and improvements, expansion, or intensification of an existing use shall be connected, at applicant expense, to a primary infrastructure system to support the use.

B. If primary infrastructure is not available to the site or the existing infrastructure does not contain sufficient capacity to support the proposed development, the city may not:

1. Issue development permits which would allow for an increase in the amount of infrastructure demand generated from the site; or

2. Permit the division of the property that provides for increased potential for development or demand for infrastructure.

C. Primary infrastructure includes, but is not limited to:

1. Stormwater;

2. Police, fire, and emergency medical;

3. Water;

4. Transportation and transit facilities;

5. Electrical;

6. Sanitary sewer (if available);

7. Schools; and

8. Parks. (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. 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.

 

(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 city manager or designee, to all street frontages to minimize traffic conflicts and where appropriate, to preserve on-street parking and promote nonmotorized modes. (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 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 nursing homes, 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 city manager 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. 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 foregoes 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. 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 city manager 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 city manager 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 city manager 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.

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 EMC 18.90.050, 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. 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, where feasible, a diversity of native plant species which promote native wildlife habitat.

17. Landscaping adjacent to required biofiltration systems that does not exceed 1v:3h slope may be considered part of any required landscaping areas, subject to approval by the city manager or designee. Landscaping shall not be permitted within the treatment area of a biofiltration system. The chosen vegetation shall not result in any disruption of bioswale 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 city manager 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.

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.

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 city manager 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 city manager 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 city manager or designee, the proposed landscaping plan does not provide effective separation.

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

a. Curb, gutter, and eight-foot sidewalk;

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 city manager or designee;

g. Landscaped medians within the roadway may be required at the discretion of the city manager 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 city manager 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.

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.

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 city manager or designee may direct the location, style, and construction materials of the required fence/wall to lesson 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 city manager 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 city manager or designee, the proposed landscaping plan does not provide an actual or effective barrier or separation.

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, that front on arterial streets.

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 city manager or designee shall make a determination as to the most appropriate landscaping type in order to mitigate the impacts of the proposed development.

	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, EMC 18.90.050, 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 city manager 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 can not be removed without the prior approval of the city manager or designee.

6. Trees planted within five feet of a public or private road pavement edge, curbing, or sidewalk or within parking areas, shall be surrounded by a root control barrier. Root control barriers shall consist of galvanized metal or 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.

K. The city manager 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 city manager 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 city manager or designee determines that the quality of the plan is not sufficient, the city manager or designee may require that the plan be developed in accordance with this section.

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 city manager 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 section 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 code 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 code 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. 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 encouraged 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.

b. 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. Mulches should be applied to the following depths: three inches over bare soil and two inches where plant materials will cover.

c. Applicants are strongly encouraged to utilize drought tolerant plant material native to the 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 or any part of it within three months of the building occupancy, issuance of the certificate of occupancy, or the planning department final inspection, shall constitute a zoning violation.

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.

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. 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 18.90.160, Signs, which shall instead be governed by standards set forth in that section.

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 city manager 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 official or other proper authority. No structure partially occupied by a nonconforming use shall be moved, altered, or enlarged in such a way as to permit the enlargement of the space occupied by the nonconforming use. Alterations or expansions of nonconforming structures which are required by law or a public agency in order to comply with public health, safety or welfare regulations are allowable, even if in conflict with other provisions of this title. All applicable construction permits must first be obtained for any such work.

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 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 city manager 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. 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 city manager or designee may only approve alternative surface materials for the portion on the yard that may, in the city manager 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. 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 city manager or designee based upon the requirements for the most comparable use specified in this section; or, where in the opinion of the city manager or designee no comparable use exists, based upon a reasonable rationale provided an official determination written to the applicant. The city manager 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 and shall be improved and available for use at the time of final building inspection.

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 city manager 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 hazardous situations may exist as determined by the city manager 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 to be fulfilled including but not limited to:

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

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

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

d. Curb cuts and curb placement;

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

f. Grading, drainage, surfacing and subgrading details;

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

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

i. Sidewalks and pedestrian pathways;

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

8. Parking Study Requirements. When directed by the city manager 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 EMC 18.90.050, Design standards.

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

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 city manager 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-Through Facilities. All establishments and businesses which maintain drive-in facilities 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-in facility 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-in 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.

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.

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 city manager 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 Use Type.

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.

A. Residential Use Category	Required Parking Spaces
1. Single-Family Detached Dwelling	Two per dwelling unit.
2. Single-Family Attached Dwelling Levels 1, 2	Two per dwelling unit.
3. Multifamily Dwelling
Level 1	Two per dwelling unit.
Level 2	Two per dwelling unit.
4. Group Homes	One per three beds plus one per employee.
5. Assisted Living Facilities	One per three beds, plus one per employee.
6. Nursing Home	One per four beds plus one per employee.
7. Hospice Care Center	One per four beds plus one per employee.
8. Senior Housing	One per dwelling unit.
B. Civic Use Category	Required Parking Spaces
1. Community and Cultural Services Levels 1, 2, 3	One per 250 gross square feet.
2. Daycare Facilities
Levels 1, 2	Two per facility, plus one per employee.
Level 3	One per employee, plus one per five clients, and loading area.
3. Education
Levels 1, 2, 3	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.
4. Administrative Government Facilities and Services
Levels 1, 2, 3	One per 250 gross square feet.
5. Health Services	One per 250 gross square feet. Hospitals by parking study.
6. Postal Services
Levels 1, 2, 3	One per 250 gross square feet customer service area, one per 1,000 gross square feet of warehouse.
7. Open Space/Recreation
Levels 1, 2, 3, 4, 5	Parking study required.
8. Religious Assembly
Levels 1, 2	One per three seats.
Level 3, 4, 5	Parking study required.
9. Safety, Service and Animal Controls
Level 1	Parking study required.
Level 2	One per 500 gross square feet.
10. Transportation
Level 1	None.
Levels 2, 3	Parking study required.
Level 4	One per commercial vehicle.
11. Utility and Public Maintenance Facilities
Levels 1, 2	Parking study required.
12. Social Services	One per 250 gross square feet.
C. Utilities Use Category	Required Parking Spaces
1. Communications Facilities
Levels 1, 2	NA.
Level 3	Parking study required.
2. Electrical Facilities
Levels 1, 2, 3	NA.
3. Natural Gas Facilities	NA.
4. Organic Waste Processing Facilities	One per employee.
5. Sanitary Sewage Collection Facilities	NA.
6. Stormwater Facilities
Levels 1, 2, 3	NA.
7. Waste/Recycling Transfer Facilities
Level 1	Two per facility.
Level 2	Parking study required.
8. Water Supply Facilities
Levels 1, 2, 3	Parking study required.
D. Office/Business Use Category	Required Parking Spaces
1. Administrative and Professional Office	One per 250 gross square feet.
2. Private Training School
Levels 1, 2	Parking study required.
E. Commercial Use Category	Required Parking Spaces
1. Amusement and Recreation
Levels 1, 2	Parking study required.
2. Building/Garden Supply and Nurseries
Levels 1, 2	One per 300 gross square feet.
Levels 3, 4	Parking study required.
3. Bulk Fuel Dealers	One per 750 gross square feet of building devoted to maintenance.
4. Business Services	One per 250 gross square feet.
5. Buy-Back Recycling Center	One per 750 gross square feet.
6. Eating and Drinking Establishment
Level 1	NA.
Level 2	One per employee, plus two per establishment.
Level 3	One per 200 gross square feet.
Level 4	One per 100 gross square feet.
7. Food Stores
Levels 1, 2, 3, 4, 5	One per 300 gross square feet.
8. Funeral Services	One per three seats.
9. Lodging
Level 1	One per guest room.
Level 2	One per guest room, plus two per three employees.
10. Motor Vehicle and Construction Equipment Rental
Levels 1, 2, 3, 4	One per 5,000 gross square feet.
11. Motor Vehicle Service and Repair
Level 1	One per 500 gross square feet, plus one per commercial vehicle.
Level 2	Parking study required.
Level 3	One per 400 gross square feet.
12. Personal Services
Levels 1, 2	One per 250 gross square feet.
13. Pet Sales and Services
Levels 1, 2	One per 300 gross square feet.
14. Rental and Repair Services
Levels 1, 2	One per 500 gross square feet.
15. Sales of General Merchandise
Levels 1, 2, 3	One per 300 gross square feet.
Level 4	Parking study required.
16. Sales of Secondhand Property
Levels 1, 2, 3	One per 300 gross square feet.
17. Sexually Oriented Business	One per 100 gross square feet.
18. Storage	One per 2,000 gross square feet.
F. Industrial Use Category	Required Parking Spaces
1. Limited Manufacturing/Assembly
Levels 1, 2, 3	One per 1,000 gross square feet.
2. Food and Related Products
Levels 1, 2	One per 1,000 gross square feet.
3. Industrial Services	One per 1,000 gross square feet.
4. Printing, Publishing, and Related Industries
Levels 1, 2, 3, 4	One per 1,000 gross square feet.
5. Warehousing, Distribution and Freight Movement
Levels 1, 2	One per 2,000 gross square feet.
6. Contractor Yards	Parking study required.
7. Motion Picture/TV/Radio Production Studios	Parking study required.
8. Research, Development, and Laboratories
Levels 1, 2, 3, 4	One per 1,000 gross square feet.
9. Mineral Extraction	Parking study required.
G. Agricultural Use Category	Required Parking Spaces
1. Agriculture Services
Levels 1, 2, 3	Parking study required.
2. Agricultural Sales	One per 300 gross square feet.
3. Animal Production, Boarding, and Slaughtering
Levels 1, 2	Parking study required.
4. Crop Production
Levels 1, 2, 3	Parking study required.
5. Fish Hatcheries and Aquaculture	Parking study required.
6. Forestry	Parking study required.

(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. The provisions of Chapter 8.76 PCC, Noise Control (as adopted in EMC Title 8), shall apply. In addition, frequent, repetitive or continuous sounds emanating from any use or facility, other than transportation facilities or temporary construction work shall not exceed 75 decibels at the property lines. If the city manager or designee determines it to be necessary or has reason to believe that noise levels are being exceeded, the owner and/or operator of a use or facility shall be required to provide noise reading data for noise levels at all property lines.

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 city manager or designee shall have the power to authorize the following procedures prior to the issuance of a 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, review by expert consultants. The city manager 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 be responsible for the cost of the expert review required by the city. A deposit to cover costs prior to review is required. If the deposit is insufficient, the city will notify the applicant and discontinue further review until additional deposit funds have been applied. All unused deposits will be refunded upon completion of review. A copy of such report shall be filed with the community development department for inspection by interested persons.

2. The city manager 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.

a. The community development department shall investigate any purported violation of performance standards. For the purpose of investigating such violations, the city manager or designee may employ qualified experts.

b. After investigation, on due notice to the alleged violator, the city manager or designee may order the violations corrected within a prescribed period of time, and if such violations are not so corrected, may order the violator to cease and desist from carrying on that portion of the operation or process causing a violation.

c. If a violation has occurred, the city manager or designee may employ any or all of those enforcement measures established in this title necessary to ensure future compliance with this section. (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.

A. Purpose. The purpose of this section is to prescribe standards for the location, design, illumination, height and size of all types of signs within the city of Edgewood in order to protect the unique natural beauty and small town character of the city, our primary assets. This section also intends:

1. To encourage the effective use of signs as a means of communication for the convenience of the public by preventing their over-concentration, improper placement and excessive size.

2. To maintain and enhance the aesthetic environment while promoting creativity and the city’s ability to attract sources of economic development and growth.

3. To minimize the possible adverse effects of signs on nearby public and private property.

4. To protect and enhance the small town character of the city by requiring new and replacement signage which is:

a. Creative and distinctive;

b. Compatible with its surroundings;

c. An integral component of the style and character of the building to which it relates;

d. Appropriate to the type of activity to which it pertains;

e. Expressive of the identity of individual proprietors or of the community as a whole; and

f. Appropriately sized for its context.

5. To enable the fair and consistent enforcement of these sign restrictions.

6. To promote the private purposes of signs.

7. To preserve and protect the public health, safety and general welfare.

B. Scope. The primary intent of this section shall be to regulate signs viewed from any vehicular or pedestrian public right-of-way. This section shall not relate to building design, nor regulate the following:

1. Official traffic or government signs;

2. The copy and message of signs;

3. Signs not intended to be viewed from a public right-of-way;

4. Window displays;

5. Product dispensers and point of purchase displays;

6. Scoreboards on athletic fields;

7. Flags of any nation, government or noncommercial organization;

8. Gravestones;

9. Barber poles attached to buildings and less than four feet in height;

10. Religious symbols;

11. Commemorative plaques;

12. Any display or construction not defined herein as a sign.

C. General Provisions. It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the city of Edgewood except in accordance with the provisions of this section.

D. Definitions. For the purpose of this section, the following definitions apply (illustrations are for example only):

“Administrator” means the city manager or designated representative.

“Area.” See “Sign, area of.”

“Awning” means a shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework.

“Back-lit awning.” See “Sign, electric awning.”

“Balloon” means a decorative inflatable device, generally composed of a thin layer of latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere (see “Inflatable advertising device”).

“Banner” means any temporary sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edge. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

“Berm” means a landscaped elevation formed of earth, sand, or stone.

“Billboard” means a preprinted or handpainted changeable advertising copy sign which directs attention to businesses, commodities, services, or facilities which are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term “billboard” includes both the structural framework, which supports the billboard, and any billboard faces attached thereto (see “Sign, off-site”).

“Building.” See “Structure,” EMC 18.20.220.

“Canopy (building)” means a rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. May be illuminated by means of internal or external sources (compare with “marquee”).

“Canopy (freestanding)” means a rigid multi-sided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. May be illuminated by means of internal or external sources.

“City,” unless the context clearly discloses a contrary intent, means the city of Edgewood.

“Community and cultural services/education” use type refers to establishments primarily engaged in the provision of services that are strongly associated with community, social, or public importance. Educational services are provided by public, private, or parochial institutions (see city of Edgewood zoning code for typical uses).

“Community service or civic event” means an event (such as a food feast, concert, fun run, and/or meeting) sponsored by a private or public organization, including a school, church or civic fraternal organization, not primarily for the purpose of selling or promoting merchandise or services.

“Copy” means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

“Electronic message center.” See “Sign, changeable copy, electrically activated.”

“Elevation, building” means a drawing showing the vertical element of a building exterior as a direct proportion to a vertical plane.

“Facade” means the exterior face of a building, which is the architectural front, sometimes distinguished from the other faces by elevation of architectural or ornamental details.

“Festoons” means a string of ribbons, tinsel small flags, or pinwheels.

“Flag” means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration.

“Frontage” means the measurement of the length of the property line along a public right-of-way.

“Height (of a sign)” means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface beneath the sign, whichever is less.

“Inflatable advertising device” means an advertising device that is inflated by some means and used to attract attention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display.

“Kiosk” means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising, or general information.

“Legal nonconforming” means:

1. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.

2. A sign which does not conform to the sign code requirements, but for which a special permit has been issued (see subsection (AA) or (EE) of this section).

“Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, and developed upon as a unit. The term shall include “tracts” or “parcels.” A parcel of land legally defined on a subdivision map recorded with the county assessor’s office or a parcel of land defined by a legal record or survey map.

“Maintenance” means cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic design or structure of the sign.

“Mansard” means a four-sided roof having a double slope on all sides, with the lower slope much steeper than the upper.

“Mansard (false)” means a roof-like facade architecturally comparable to a building wall.

“Marquee” means a permanent roof-like structure or canopy made of rigid materials supported by and extending from the facade of a building (compare with “Awning”).

“Multiple building complex” means two or more structures on the same lot where those structures are physically separate and do not share a common wall.

“Multiple tenant building” means a single structure housing two or more of the following establishments: office, residence, industry, or commercial business.

“Mural” means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity.

“Nameplate” means a nonelectric, on-site identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.

“Neon (outline tubing)” means a sign consisting of glass tubing filled with neon gas, or other similar gas, which glows when electric current is sent through it.

“Nonconforming sign” means any sign that does not meet the requirements of this code.

“Nonprofit organization” means as defined by state under code 501(C)(3).

“Obsolete” means no longer active or in use.

“Occupancy” means the portion of a building or site(s) owned, leased, rented, or otherwise occupied for a given use.

“Owner” means a person recorded as such on official records. For the purposes of this section, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the administrator, e.g., a sign leased from a company.

“Parapet” means the extension of a false front or wall above a roofline.

“Person” means any natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other person or combination acting as a unit, with legal rights and duties, whether acting by themselves or by a servant, agent, employee, or guardian.

“Pole cover” means a cover enclosing or decorating poles or other structural supports of a sign.

“Roofline” means the top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.

“Seasonal or special event decorations” means temporary (60 days or less) decorations or displays, when such are clearly incidental to, and are customarily or commonly associated with, any national, local, or religious celebration.

“Sight distance zone” means the area of a corner lot closest to the intersection, which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Such an area is established by marking a point at which the two curb lines intersect, measuring back 25 feet on each street front, and drawing a line across the two back points to form a triangulated area. No signs or visual impairments are allowed in this zone.

“Sign” means any device, structure, fixture, lighting, or placard using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, services, or events.

“Sign, abandoned” means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity.

“Sign, animated” means a sign or display manifesting either kinetic or illusionary motion occasioned by natural, manual, mechanical, electrical, or other means. Animated signs include the following types (also see and note difference from changeable sign):

1. “Naturally energized” means signs whose motion is activated by wind or other atmospheric impingement. Wind-driven signs include flags, banners, pennants, streamers, spinners, metallic disks, or other similar devices designed to move in the wind.

2. “Mechanically energized” means signs manifesting a repetitious preprogrammed physical movement or rotation in either one or a series of planes activated by means of mechanically based drives.

3. “Electrically energized” means illuminated signs whose motions or visual impression of motion is activated primarily by electrical means. Electrically energized animated signs are of two types:

a. “Flashing signs” means illuminated signs exhibiting a preprogrammed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as or less than the duration of the period of darkness (off phase), and in which the intensity of illumination varies from zero (off) to 100 percent (on) during the programmed cycle.

b. “Illusionary movement signs” means illuminated signs exhibiting the illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression of motion, characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns.

Sign, Area Of.

1. “Projecting and freestanding” means the area of signs shall have only one side of any double- or multiple-faced sign counted in calculating its area. The area of a sign shall be measured as follows if the sign is composed of one or more individual module:

A polygon of not more than eight sides shall be drawn around and enclosing the perimeter of each module. The area shall then be summed and totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, support structures, etc.; provided, that there is no written advertising copy on such embellishments.

2. “Wall sign” means the area shall be within a single, continuous perimeter composed of any rectilinear geometric figure that encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area.

“Sign, awning” means a sign painted on, printed on, or attached flat against the surface of an awning.

“Sign, blade.” See “Sign, ground.”

“Sign, changeable copy” means a sign whose informational content can be changed or altered by manual or electric, electro-mechanical, or electronic means. Changeable signs include the following:

1. “Manually activated” means signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered by manual means.

2. “Electrically activated” means signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments. This includes the following two types:

a. “Fixed message electronic sign” means not an animated sign.

b. “Computer controlled variable message electronic signs” means signs whose informational content can be changed or altered by means of computer driven electronic impulses. Minimum delay shall be set at two seconds.

“Sign, electrical” means a sign or sign structure in which electrical wiring, connections, or fixtures are used.

“Sign, clearance of” means the smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

“Sign, construction” means a temporary sign identifying an owner, tenant, architect, contractor, subcontractor, lender, and/or material supplier participating in construction on the property on which the sign is located.

“Sign, electric awning” means an internally illuminated fixed space-frame structure with translucent, flexible, reinforced covering designed in awning form and with graphics of copy applied to the visible surface of the awning.

“Sign, face” means the area of a sign on which the graphics, letters, figures, symbols, trademark or written copy is placed.

“Sign, face of” means the area of a sign on which the copy is placed.

“Sign, flashing.” See “Sign, animated, electrically energized.”

“Sign, freestanding” means a sign supported permanently upon the ground and not attached to any building.

“Sign, government” means any temporary or permanent sign erected and maintained by the city, county, state, public utility, or federal government. These signs provide for traffic direction or for designation of, or direction to, any school, hospital, historic site, or public service, property or facility, or provide public information.

“Sign, ground” means a sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top. Height and setbacks are to be the same as for freestanding signs.

“Sign, identification” means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified (see “Nameplate”).

“Sign, illegal” means a sign that does not meet the requirements of this code and which has not received legal nonconforming status.

“Sign, illuminated” means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

“Sign, incidental” means a sign generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as “No Parking Entrance,” “Loading Only,” “Telephone,” and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

“Sign, legal nonconforming” means:

1. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.

2. A sign which does not conform to the sign code requirements, but for which a special permit has been issued (see subsection (AA) or (EE) of this section).

“Sign, marquee” means any sign attached to or supported by a marquee structure.

“Sign, monument” means a ground-mounted fixed sign. The base (not included in the sign surface area calculation) is attached to the ground as a wide base of solid construction.

“Sign, multiple-faced” means a sign containing more than one face, not necessarily in back-to-back configuration.

“Sign, off-site” means a sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., billboards or outdoor advertising. (A billboard is considered a preprinted or handpainted changeable copy sign which directs attention to businesses, commodities, services, or facilities which are not primarily sold, manufactured, or distributed from the property on which the sign is located. The term “billboard” includes both the structural framework which supports the billboard and any billboard faces attached thereto.)

“Sign, off-site directional” means a sign that provides directional assistance to find an incorporated religious institution, public school, government agency, or public space.

“Sign, on-site directional/informational” means an on-site sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, but no advertising copy, e.g., parking or exit and entrance signs. May contain a logo; provided, that the logo may not comprise more than 20 percent of the total sign area.

“Sign, on-site” means a sign that pertains to the use of the site on which it is located.

“Sign, painted wall” means any sign that is applied with paint or similar substance on the surface of a wall.

“Sign, pole or pylon” means freestanding signs supported permanently upon the ground by poles or braces and not attached to any building.

“Sign, political” means a temporary sign used in connection with a local, state, or national election or referendum.

“Sign, portable” means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

“Sign, projecting” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

“Sign, real estate” means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.

“Sign, roof” means any sign erected over or on the roof of a building (see “Mansard” and “Sign, wall”).

“Sign, rotating.” See “Sign, animated, mechanically energized.”

“Sign, sandwich board” means a sign consisting of two essentially equal faces, positioned at an angle subtending less than 179 degrees. (See “Sign, ‘V’.”)

“Sign, seasonal sales” means any sign used to advertise a sale of merchandise or other items during a particular holiday season including seasonal fireworks or Christmas holiday sales.

“Sign, shared” means one sign serving multiple adjacent properties or businesses.

“Sign, snipe” means a temporary sign or poster affixed to a tree, fence, telephone pole, public bench, streetlight, public property, or public right-of-way, except government signs.

“Sign, special event” means temporary signs or banners used to announce a circus, carnival, festival, or other similar events to include city-sponsored events.

“Sign, subdivision identification” means a freestanding, monument, or wall sign identifying a recognized subdivision, condominium complex, or residential development.

“Sign, temporary” means a sign not constructed or intended for long-term use or not permanently attached not to exceed 60 days per calendar year.

“Sign, tenant directory” means a sign for listing the tenants or occupants and suite numbers of a building or center.

“Sign, time and temperature” means any sign that displays the current time and temperature.

“Sign, under-canopy” means a sign suspended beneath a canopy, ceiling, roof, or marquee.

“Sign, ‘V’.” See “Sign, sandwich board.”

“Sign, wall” means a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, and cabinet signs, and signs on a false mansard.

“Sign, warning” means any sign which is intended to warn persons of prohibited activities such as “no trespassing,” “no hunting,” and “no dumping.”

“Sign, window” means a sign installed inside a window or door, and intended to be viewed from the outside.

“Site” means a lot, parcel, tract, or combination of lots, parcels, or tracts on which a regulated activity is proposed or applied or a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

“Use” means the purpose for which a building, site, sign, or structure is intended, designed, occupied, or maintained.

E. Penalties. Unless otherwise specified by the Edgewood Municipal Code (EMC), anyone who violates the provisions of this section shall be punished pursuant to the general penalty provision set forth in Chapter 1.10 EMC.

F. Appeals. Any administrative decision concerning the interpretation of enforcement of this section shall be subject to the appeal procedures applicable to Type II decisions as outlined in this title.

G. Conflict. If any portion of this section is found to be in conflict with any other provision of any zoning, building, fire, safety, or health codes of the city, the more stringent standard shall apply.

H. Severability. If any section, subsection, sentence, clause, or phrase of this section or its application to any person or circumstance is held invalid by the decision of any part of a competent jurisdiction, the remainder of the regulations or the application of the provision to other persons or circumstances shall not be affected.

I. Compliance. The regulations for compliance with the provisions of this title are set forth in EMC 18.30.040, Scope and compliance.

J. Liability. This section shall not be construed as relieving or lessening the responsibility of any person owning, building, altering, constructing, removing, or moving any sign in the city for damages to anyone injured or damaged, either in person or property, by any defect of action therein. Nor shall the city or any agent thereof assume the liability by reason of issuance of a permit or inspection authorized in this section or a certificate of inspection issued by the city or any of its agents. This code is enacted for the protection and benefit of the public and is not intended to benefit or protect any specific individual or group of individuals.

K. Signs Prohibited. The following types of signs are prohibited in all zones:

1. Abandoned signs;

2. Search lights (except by temporary use permit for a once per year event maximum);

3. Pennants, festoons, balloons, and inflatable advertising devices (except as allowed in subsection (M)(3) of this section);

4. Signs imitating or resembling official traffic or government signs or signals;

5. Snipe signs;

6. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign (this does not apply to allowed portable signs or to signs or lettering on buses, taxis, or vehicles operating during the normal course of business);

7. Off-site signs;

8. Roof signs;

9. Flashing signs;

10. Illusionary movement signs;

11. Any sign or advertising structure or supporting structure that is torn, damaged, defaced, or destroyed (see subsection (O) of this section, Maintenance);

12. Portable or temporary changeable copy signs used as permanent signs.

L. Permits. Unless otherwise provided by this section, no sign shall be erected, altered, or relocated without the approval of the administrator. Unless otherwise provided by this section, all signs shall require permits and payment of fees as described in the city of Edgewood fee schedule, except:

1. Change of copy on a painted or printed sign necessitated by a change of use or business ownership.

2. Change of copy on changeable copy signs.

3. Cleaning or normal maintenance of signs.

M. Signs Not Requiring Permits. The following types of signs are exempted from permit requirements, but must be in conformance with all other requirements of this section:

1. Construction signs of 32 square feet or less;

2. On-site directional/informational signs of two square feet or less in sign area;

3. Seasonal or special events decorations;

4. Banners;

5. Nameplates of two square feet or less in sign area, which are fastened directly to the building or structure;

6. Political signs not to exceed 16 square feet in sign area;

7. Public signs or notices, any sign relating to an emergency;

8. Real estate signs not to exceed 16 square feet in sign area;

9. Window signs;

10. Incidental signs;

11. Address identification signs with numbers and/or letters no greater than 10 inches in height, and/or conforming to fire department regulations;

12. Historical plaques on sites designated by a governmental agency;

13. Government signs.

N. Abandoned and Obsolete Signs.

1. Legal conforming structural supports for obsolete signs may remain if installed with a blank sign face and supporting structures are maintained.

2. Signs abandoned for 30 days without the installation of a blank sign face and/or nonmaintained supporting structures become illegal. Following notification from the city, 30 days will be granted to bring the sign into compliance or to remove the sign and its support structure.

O. Maintenance. All signs shall be properly maintained. Exposed surfaces shall be cleaned and painted if paint is required. Defective parts shall be replaced. Electrical and structural revisions or repairs require building and/or electrical permits as applicable. The administrator shall have the right to order repair or removal of any sign that is defective, damaged, or substantially deteriorated as stated in the International Building Code as adopted by the city of Edgewood (see subsection (L) of this section, Permits).

P. Lighting. All lighting shall be in accordance to the current edition of the National Electrical Code. Unless otherwise prohibited by this section, all signs may be illuminated by one of the following methods:

1. Internal lighting;

2. External direct lighting, and shall be downward pointing when possible;

3. Neon.

a. Signs containing neon lettering and graphics shall be limited to the same size and height limitation as other commercial signs in that zone;

b. Neon may be used to outline a sign or as a graphic within a sign. Lettering height shall be limited by the ability of the lettering to be contained within the sign’s size constraints;

c. Flashing or animated neon signs are not allowed;

d. Where Allowed.

i. Residential zones: no neon signs allowed;

ii. Town Center zones: neon signs limited to those existing at the time of establishment of the zone (grandfathered);

iii. All other Commercial zones: allowed.

4. Signs prohibited from illumination:

a. Business signs in residential zones;

b. Temporary signs.

Q. Changeable Copy. Unless otherwise specified by this section, any sign herein allowed may use manual, automatic, or electrically or mechanically activated changeable copy. No permit is required to change copy on a legally permitted sign.

R. Height. For signs in residential zones, see subsection (U) of this section. For signs in all other zones, see subsection (V) of this section.

S. Sign Contractor’s License. No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without all required licenses.

T. Indemnification and Insurance.

1. All persons involved in the maintenance, installation, alteration, or relocation of signs upon any public right-of-way or public property shall agree to hold harmless and indemnify the city, its officers, agents, and employees, against any and all claims of negligence resulting from such work insofar as this section has not specifically directed the placement of a sign.

2. All persons involved in the maintenance, installation, alteration, or relocation of signs upon any public right-of-way or public property shall maintain all required insurance and shall file with the state a satisfactory certificate of insurance to indemnify the state, county, and city against any form of liability.

U. Signs in Single-Family (SF-2, SF-3, and SF-5) and Mixed Residential (MR-1 and MR-2) Zones.

1. Permitted Signs.

a. Signs not requiring a permit (see subsection (M) of this section);

b. Temporary signs: one per street frontage;

c. Construction project signs shall not exceed 32 square feet in sign area per person for duration of construction project;

d. Permanent Signs.

i. On-site directional/informational signs;

ii. Nameplates: one per street frontage;

iii. Window signs: one per street frontage;

iv. Incidental signs;

v. Two subdivision identification signs per subdivision;

vi. One apartment or condominium complex identification sign;

vii. Business signs: one per street frontage;

viii. Off-site directional signs.

2. Prohibited Signs.

a. All signs listed in subsection (K) of this section.

b. Illuminated signs, except for nonprofit organizations as listed in subsection (U)(6)(a) of this section.

c. Area – Temporary Signs.

i. Political signs shall not exceed 16 square feet in sign area.

ii. Real estate signs shall not exceed 16 square feet in sign area.

iii. Others not to exceed three square feet.

3. Permanent Signs.

a. On-site directional/informational signs shall not exceed two square feet in area.

b. Nameplates shall not exceed two square feet in area.

c. Window signs shall not exceed four square feet in area.

d. Incidental signs shall not exceed two square feet in area.

e. Subdivision identification signs shall not exceed 24 square feet in area for each location.

f. Condominium/apartment complex identification signs shall not exceed 24 square feet in sign area for each location.

g. Business signs are limited to six square feet.

4. Height. All allowed freestanding signs shall have a maximum height limit of six feet. Height means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface beneath the sign, whichever is less. All berms shall be landscaped.

5. Site Requirement Setbacks.

a. Sign setback shall be a minimum of three feet from any specified line such as a lot line, public or private right-of-way, easement, future street right-of-way as identified through an official control, a buffer line, or a public right-of-way functional classification width pursuant to the Edgewood Municipal Code.

b. Signage shall not be located within three feet of any sidewalk, pedestrian walkway, or bike path.

c. Signs shall not be placed in the sight distance zone.

6. General Requirements.

a. Community and cultural services/education and nonprofit organizations are permitted one monument sign per street frontage, not to exceed 24 square feet in sign area, set back three feet from any public right-of-way and limited to six feet in height. A changeable, manually activated sign not to exceed 18 square feet may be incorporated into the design with the total sign area not to exceed 36 square feet. Illumination is allowed.

b. Construction signs may be erected 30 days prior to the beginning of construction and shall be removed 30 days following the completion of construction.

c. Where occupancy is on a corner lot, a minimum sight distance zone is to be maintained.

d. Political signs may be erected for no more than 10 days after an election.

e. Seasonal or special event decorations and banners may be erected not to exceed 60 days.

V. Signs in All Other Zones Not Listed in Subsection (U) of This Section.

1. Permitted Signs.

a. All signs as permitted in subsection (U)(1) of this section.

b. Monument signs, ground signs, and blade signs (freestanding).

c. Wall signs.

d. Under-canopy signs.

2. Prohibited Signs. All signs listed in subsection (K) of this section.

3. Area.

a. One freestanding/monument sign, individual or shared, per parcel, per street frontage.

i. A maximum sign area of 40 square feet, with an additional four square feet of sign area allowed for each additional business on site, for a maximum sign area of 48 square feet of sign area.

ii. Computer controlled variable message electronic signs are not permitted.

b. Wall Signage. Not to exceed 10 percent of the area of the building elevation on which the sign is to be located, excluding any part of the roof or mansard.

c. Under-Canopy Signage. Shall not to exceed eight square feet in sign area per occupancy.

d. Window Signage.

i. A permanent window sign or the combined total area of multiple window signs shall be considered as a wall-mounted sign, and shall not exceed more than 25 percent of the window area in which they are displayed.

ii. A permanent window sign or the combined total area of multiple window signs not exceeding 10 percent of the window area in which it is displayed is not counted as part of the overall calculations for wall-mounted signs. The area of these signs over 10 percent up to the maximum of 25 percent shall be included in the overall area calculations for wall-mounted signs.

iii. Incidental signage shall not exceed two square feet of sign area.

iv. Off-site directional signs shall be one foot by two feet in size and shall conform to off-site directional sign standards. The sign will be provided and installed by the city at the owner’s expense.

4. Height.

a. Freestanding Signs.

i. The sign structure shall be a maximum of eight feet in height.

ii. The combination of the landscaped berm or planter and sign structure may not exceed 10 feet in height above the crown of the road immediately adjacent to the sign.

b. Wall signage may not extend above the outline of the building elevation on which they are mounted.

c. Under-canopy signage shall have a minimum clearance of eight feet to grade.

5. Site Requirement Setbacks.

a. Sign setback shall be a minimum of three feet from any specified line (such as a lot line, public or private right-of-way, easement, future street right-of-way as identified through an official control, a buffer line, or a public right-of-way functional classification) pursuant to the Edgewood Municipal Code.

b. Signage shall not be located within three feet of any sidewalk, pedestrian walkway, or bike path.

c. Signs shall be set back three feet from any interior lot property line.

d. A shared sign may be placed on the side property line, or within the side setback, when the owners of two adjacent properties enter into a written contract.

e. Signs shall not be placed in the sight distance zone.

f. Signs shall not be placed in a manner that obstructs ingress or egress from a driveway, or obscures the line of sight to or from a crosswalk or crosswalk waiting area.

6. Extent.

a. Freestanding/monument signs: one per parcel, per street frontage.

b. Wall/awning signage: one wall sign or electric awning sign per business elevation.

c. Under-canopy signage: one under-canopy sign for each separate occupancy or separate entrance.

d. Off-site directional signs shall be limited to four per entity.

7. General Requirements.

a. Where occupancy is on a corner lot, a minimum sight distance zone shall be maintained.

b. Portable and temporary signs, excluding construction and real estate signs, may be used for a total time period not to exceed 20 days in a calendar year. All portable and temporary signs must be installed in accordance with building and electrical codes.

c. Political signs may be erected for no more than 10 days after the election.

d. Seasonal or special events decorations and banners may be erected not to exceed 60 days.

W. Determination of Legal Nonconformity. Existing signs that do not conform to the specific provisions of this section may be eligible for the designation “legal nonconforming” provided that:

1. The administrator determines such signs are properly maintained.

2. The sign was installed in conformance with a valid permit or variance, and complied with all applicable laws on the date of adoption of this section.

3. The sign is owned by the property owner, or a business, which is an occupant of the site.

4. Any sign granted legal nonconforming status under this section shall be counted in determining any numerical limitation established by this section.

X. Loss of Legal Nonconforming Status. A legal nonconforming sign may be continued and shall be maintained in good condition; provided however, that such sign shall not be:

1. Relocated or replaced.

2. Altered in any way except toward compliance with this section. This does not refer to normal maintenance.

3. Continued if the building to which the sign applies is demolished or loses its legal nonconforming status.

4. Reinstated if the sign suffers more than 50 percent damage or deterioration as based on appraisal.

Y. Maintenance and Repair of Legal Nonconforming Signs. Legal nonconforming signs are subject to all requirements of Edgewood Municipal Code regarding safety, maintenance, and repair.

Z. Sign Replacement Incentive Program.

1. To encourage the removal/abatement of nonconforming signs, the city establishes an incentive program to assist the owners of such signs.

2. The city will make available, on a competitive basis, the sum of $10,000 per annum to assist owners of nonconforming signs to replace signs with conforming signs. Such awards will be limited to a maximum of $2,000 per applicant and no more than five such awards will be given out in any calendar year. To be eligible, the city must receive applications for awards within three years of the adoption of this section.

3. The city shall also waive sign permit fees for new sign permits to replace nonconforming signs.

AA. Amortization.

1. The ultimate purpose of any zoning or land use regulation is to confine certain classes of structures to certain localities and to restrict other uses. The continued existence of those which are nonconforming is inconsistent with these goals, and therefore nonconforming structures and uses should be reduced to conformity as completely and quickly as possible without causing substantial injustice.

2. The city recognizes that, absent specific regulations, nonconforming signs may tend to flourish. It is not the city’s intent that nonconforming signs continue in perpetuity. For this reason, the city is including an amortization process into this sign code.

3. The city council finds that there are reasonable alternatives to the maintenance of nonconforming signs and the periods for amortization listed below will provide the owners of existing nonconforming signs with a reasonable opportunity to obtain other alternative signs and a period to amortize the reasonable economic life and use of any existing signs.

4. Any legal nonconforming sign located in the city shall be discontinued or brought into compliance pursuant to this section no later than five years after the adoption of this section. Any legal nonconforming temporary sign (i.e., portable, banners) shall be discontinued or be brought into compliance no later than 60 calendar days from the date this section is adopted.

5. The city will provide written notice of the applicability of this amortization period and the expiration of the amortization period, as noted above, to the person responsible for said sign(s) at their last known address and provide notice to the owner of the property on which the sign is located. The city will utilize the tax assessor’s office to find the latest updated address for the property owner. Said notice will be provided by mail, postmarked no later than 30 days prior to the cut-off date provided for in this section for request for consideration/extension (seven months prior to the expiration of amortization period).

6. The city has established the schedule stated in the above section with the understanding that these allowances provide a reasonable time period to recover the life expectancy of most signs. However, the city recognizes that there are special, unusual circumstances that may fall outside of those parameters.

a. Any person aggrieved by the determination that a sign is subject to the amortization period and/or length of the amortization period may request a review of such application of the clause. The request for a review shall be filed with the city not later than six months prior to the expiration of the amortization period or within 30 days of the date of the city’s written notice as provided in subsection (AA)(5) of this section, whichever first occurs. The hearing examiner shall hear the review. A fee will be charged based on processing costs as provided in the city fee schedule.

b. The aggrieved applicant has the burden of establishing the nonapplicability of the amortization period and/or the unreasonableness of the amortization period and must provide evidence showing the particular period is unreasonable.

c. The hearing examiner shall consider such things as lease obligations, life expectancy of the nonconformance, depreciation and the actual amount invested in the nonconforming sign. The hearing examiner shall also consider alternative methods available to the applicant to bring the sign into compliance, including, but not limited to, the city’s sign replacement incentive program.

7. The hearing examiner shall conduct a balancing of interest, considering the interest and hardship as to the applicant, and whether the hardship to the applicant reasonably overbalances the benefit that the public would derive from the termination of the nonconformance. If the hearing examiner finds that the amortization period as applied to the applicant’s nonconformance would result in a greater hardship to the applicant than benefit to the public, the hearing examiner may extend the amortization time period to a point in time, where the balancing of interest would support the termination of the nonconformance. In no event should this extension of the amortization period be greater than three years. The hearing examiner may also find that the amortization period is not applicable to the sign.

8. Any appeal from the decision of the hearing examiner shall be to the Pierce County superior court and must be filed within 21 days of the date of the hearing examiner’s decision.

BB. Variances.

1. Any person may apply to the administrator for a variance from the requirements of this section. The sign variance shall be processed pursuant to EMC 18.50.080, Variances. In addition to criteria specified in EMC 18.50.080, Variances, for granting an administrative variance, the administrator shall also adopt findings of fact and conclusions based on findings that meet the following conditions:

a. The variance does not conflict with the purpose and intent of the sign regulations.

b. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon signage of other properties that have had to conform to the provisions of this section.

c. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that are not contemplated or provided for by this section.

d. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.

e. Alternative signage concepts that comply with the provision to which the variance is requested have been evaluated, and an undue hardship would result if the strict adherence to the provision were required.

2. Conditions may be imposed upon the application as deemed necessary by the administrator. No variance may be granted that would increase the number of signs allowed by this section or allow a type of sign that is prohibited by this section. The fee for a sign variance is based on the adopted fee schedule.

CC. Construction Specifications. Every sign, and all parts, portions and materials shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city regulations, the International Building Code, the Uniform Sign Code and electrical codes.

DD. Application Procedure. To obtain a sign permit, the applicant shall file an application in writing. Every application shall:

1. Identify and describe the sign being permitted;

2. Describe the land where the proposed sign is to be located by legal description, sign owner, street address and parcel number;

3. Include sign drawings showing display faces with the proposed message and design accurately represented as to size, area, and proportion;

4. Provide a site plan drawn to scale containing a north arrow, location of property lines, lot dimensions, location of existing signs, and the location of the proposed sign on the site;

5. Be accompanied by the permit fee, plans, elevations, diagrams, light intensities, structural calculations, and proof of ownership of property where sign is to be located, and other material as required by the administrator;

6. If the sign application is for a freestanding or monument sign that requires landscaping, a landscape plan is required with the sign submittal;

7. If the sign application is for a freestanding or monument sign that requires a footing, a building permit is required;

8. Provide proof that both the sign installer and the business applying for a sign have current city of Edgewood business license or registration, if applicable;

9. Provide a copy of an electrical permit issued by the state of Washington;

10. Be signed by the applicant or an authorized agent of the applicant; and

11. Be signed by the owner of the property.

EE. Permit Issuance, Denial, Suspension and Revocation.

1. The administrator shall issue a permit and permit sticker or tag for the erection, structural alteration, or relocation of a sign within 30 days of receipt of a complete application; provided, that the sign complies with all applicable laws and regulations of the city. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.

2. When a permit is denied, the administrator shall, within 30 days of receipt of the complete application, give a written notice to the applicant along with a brief statement of the reasons for denial, citing code sections and interpretation of possible nonconformity. The administrator may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.

FF. Permit Conditions, Refunds, and Penalties.

1. If a permit is denied, the permit fee may be refunded pursuant to requirements of the International Building Code, Section 107, Fees.

2. If any sign is installed or placed on any property prior to receipt of permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve any person of any other requirements or penalties prescribed in this section.

GG. Inspection Upon Completion.

1. Any person installing, structurally altering, or relocating a sign for which a permit has been issued shall notify the administrator upon completion of the work for a final inspection as specified on the permit.

2. Prior to the installation of certain signs, the administrator may require an inspection at the time of issuance of a permit.

HH. Violations. When, in the opinion of the administrator, a violation of the code exists, the administrator shall take abatement actions pursuant to the currently adopted Uniform Code for the Abatement of Dangerous Buildings.

II. Removal of Signs by the Administrator.

1. The administrator shall order compliance with this section or, without prior notice, may cause to be removed, any sign erected or installed in violation of this section under the following circumstances:

a. When a sign is illegally placed within the public right-of-way, attached to a utility pole or city traffic sign, upon public sidewalks or roadways, or on any public building or structure when such facilities are located on public property or within public easements.

b. When in the sole discretion of the enforcing official a sign presents an immediate threat to public health or safety.

2. After the removal or demolition of a sign on private property, a notice shall be mailed to the owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the administrator. (Ord. 03-203 § 1; Ord. 02-188 § 2).

18.90.170 Streetscapes.

A. Streetscapes shall be improved as specified in EMC 18.90.050, Design standards, EMC 18.90.090, Landscaping, and EMC 18.90.130 Parking.

B. The city manager or designee may modify commercial streetscape improvements requirements for structure remodeling or tenant improvements in accordance with EMC 18.90.050, Design standards, EMC 18.90.090, Landscaping, and EMC 18.90.130, Parking, and the following:

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

2. The city manager or designee may permit modification of streetscape improvement standards where the required streetscape, in the opinion of the city manager 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. 03-203 § 1).

18.90.180 Tree preservation.

A. This section establishes significant tree preservation for any development action or land use development to protect the treed environment within the city of Edgewood by regulating the removal of significant trees and providing incentives to preserve trees that, because of their size, species, or location, provide special benefits. Tree preservation protects and enhances critical areas, facilitates aquifer recharge, reduces erosion and stormwater runoff, and helps to define public and private open spaces. Existing residential development or single-family residences are exempt from this section.

B. The requirements for tree preservation are applicable to all zoning districts 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. Significant tree preservation shall be required for any development action or land use development permit.

1. A significant tree is an existing tree which:

a. When measured at three feet above grade, has a minimum diameter of 15 inches for evergreen trees and deciduous trees;

b. Regardless of the tree diameter, is determined to be significant by the city manager or designee due to the uniqueness of the species.

2. Trees will not be considered “significant” if, following inspection by a registered landscape architect, certified nursery professional or certified arborist, and upon review and concurrence by the city, they are determined to be:

a. Safety hazards due to potential root, trunk or primary limb failure, or exposure of mature trees which have grown in a closed, forested situation.

b. At the discretion of the city, damaged or standing dead trees may be retained and counted toward the significant tree requirement, if demonstrated that such trees will provide important wildlife habitat and are not classified as danger trees.

c. A significant tree permit is required for the removal of any significant tree or street tree as defined herein or trees removed pursuant to a tree retention plan unless specifically exempted within this section. All significant trees shall be preserved according to the following criteria:

i. All significant trees within 15 feet of the lot perimeter or required buffer or setback, whichever is greater, shall be preserved. At the discretion of the city manager or designee, significant trees may be removed for access, buildings, sight areas, required roads, utilities, sidewalks, trails, or storm drainage improvements provided they are replaced in accordance with subsection (D) of this section.

ii. A percentage of all significant trees within the interior of a lot, not including the perimeter area, shall be preserved within the applicable zoning district.

iii. In new single-family subdivision developments (excluding short subdivision (i.e., four lots or less), multifamily residential developments, and public/quasi-public institutional developments, 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.

iv. In commercial and industrial developments, 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.

d. Tree preservation criteria listed above shall exclude sensitive/critical areas and their buffers, and designated open space areas and tracts. All trees within such areas shall be retained except as may be specifically indicated in a discretionary land use permit or tree removal permit.

e. State Environmental Policy Act Requirements. Additional or specific tree retention may be required as SEPA mitigation in addition to the requirements of this section.

i. Requirements. Any development action or land use permit shall identify, preserve, and replace significant trees in accordance with the following:

(A) Submit a tree retention plan that consists of a tree survey that identifies the location, size and species of all significant trees on a site.

(1) The tree survey may be conducted by a method that locates individual significant trees; or

(2) Where site conditions prohibit physical survey of the property, standard timber cruising methods may be used to reflect general locations, numbers and groupings of significant trees.

(B) If tree retention and/or landscape plans are required, no clearing shall be allowed on a site until approval of such plans.

(C) The tree retention plan shall also show the location, species, and dripline of each significant tree that is intended to qualify for retention credit, and identify the significant trees that are proposed to be retained, and those that are designated to be removed.

(D) Each significant tree that is located outside of the perimeter area and is retained may be credited as two trees for complying with the retention requirements above, provided it meets one or more of the following criteria:

(1) The tree exceeds 60 feet in height, or 24 inches in diameter for evergreen trees, or 30 inches in diameter for deciduous trees;

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

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

(4) The tree belongs to a unique or unusual species;

(5) The tree is located within 25 feet of any critical area or required critical area buffers; or

(6) The tree is 18 inches in diameter or greater and is identified as providing valuable wildlife habitat.

(E) In any required perimeter landscaping area as defined in this section, the applicant shall retain all significant trees, except as provided in this section.

(F) 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 chain-link 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 or stakes.

(G) At city manager or designee’s sole discretion, a protective tree well may be required to be constructed if the grade level around the tree is to be raised or lowered. The inside diameter of the well shall be at least equal to the diameter of the tree spread dripline, plus at least five feet of additional diameter.

(H) The city manager or designee may approve use of tree protection techniques other than those listed above if the trees will be protected to an equal or greater degree than by the techniques listed above. Alternative techniques must be approved by a registered landscape architect, certified nursery professional or certified arborist, and reviewed and concurred by the city.

(I) The applicant shall demonstrate on the tree retention plan those tree protection techniques intended to be utilized and approved by the city manager or designee during land alteration and construction in order to provide for the continual healthy life of retained significant trees.

(J) 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 the rate of five trees if the significant tree was in the perimeter landscape area and three trees if the significant tree was in the interior landscape area.

D. When a significant tree subject to this section cannot be retained, the tree shall be replaced in accordance with the following as a condition for the removal of the significant tree.

1. On-Site Replacement.

a. Significant trees shall be replaced at a rate of 1.5 times to one of the total diameter inches of all the significant trees removed.

b. Replacement trees shall be no smaller than two inches in diameter at three feet above grade.

c. Existing healthy and nonhazardous trees between three and 12 inches in diameter, which are retained to support the remaining significant trees can be counted against the on-site replacement requirements.

E. Tree Retention Plan Required.

1. A significant tree retention plan 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.

2. The city manager or designee shall review and may approve, approve with modifications, or disapprove a tree retention plan subject to the provisions of this section. (Ord. 03-203 § 1).