Chapter 14.44 SUPPLEMENTARY USE REGULATIONS

(a) Where new structures or the addition of more than 50 percent of the existing floor area is proposed within any 12-month period, a mix of uses in the following configuration is required:

(1) One-story structures: residential uses not allowed.

(2) Two-Story Structures.

(i) First floor: residential uses not allowed.

(ii) Second floor: residential and nonresidential uses allowed.

(3) Three-Story and Larger Structures.

(i) First floor: residential uses not allowed.

(ii) Second floor: residential and nonresidential uses allowed.

(iii) Third floor and higher: only residential uses allowed.

(b) Cottage housing developments shall be permitted in the Mixed Use zone if proposed as part of the overall development concept, which includes one or more commercial uses, and each commercial use is built before or at the same time as the cottage housing development portion of the site. A minimum of 50 percent of the total square footage of the site shall be developed in mixed use. (Ord. 798, Sec. 4, 2009; Ord. 676, Sec. 30, 2003; Ord. 662, Sec. 2, 2002; Ord. 468, 1995)

14.44.015 Residential Transition in the Central Business District.

Residential uses may be located in the Central Business District without being located over a permitted nonresidential use if the following criteria are met:

(a) The property is located on the perimeter of the CBD and the abutting property is zoned Multi-Family Residential. For the purpose of this subsection, properties that are separated by a public right-of-way are not considered to be abutting.

(b) The residential development is a part of a master site plan approved by the City, which may involve one lot or more. The commercial element of the plan must be developed within the boundaries of the master site plan concurrently with, or prior to the construction of single use residential structures. The process for the specified land use permit shall be used for approval of the master site plan.

(c) The total area of the footprint(s) of the single-use residential building(s) shall not exceed the total area of the footprint(s) of the new commercial building(s) at any time.

(d) All portions of the single-use residential buildings are within 100 feet of the perimeter of the Central Business Distinct boundary.

(e) The commercial buildings front along at least 60 percent of the abutting public rights-of-way.

(f) The free standing residential buildings do not front along more than 25 percent of the abutting public rights-of-way. (Ord. 588, 1998)

14.44.020 Planned Residential Developments.

It is intended that a PRD will: result in a residential environment of higher quality than traditional lot-by-lot development by being held to higher standards of design of buildings, parks, open space, landscaping, roadways, entrance and other project features; provide flexibility to the property owners; protect critical areas and significant stands of trees; encourage a variety or mixture of housing types; and encourage compatibility of the development with the surrounding neighborhood. In addition to meeting the other relevant requirements of this title, Planned Residential Developments (PRDs) must comply with the following:

(a) The PRD may only be located on tracts of at least five acres within a Suburban Residential, Urban Residential, High Urban Residential, or Multi-Family Residential zoning district.

(b) The gross density of a PRD shall not exceed the allowable density specified in Section 14.48.010.

(c) Permissible types of residential uses within a PRD include single-family detached dwellings (use classification 1.111), single-family attached (1.130), two-family residences (1.200), and multifamily residences (1.300) regardless of the underlying zone.

(d) In the SR and UR zones the developer may create lots and construct buildings with reduced lot size, width, or setback restrictions, except that:

(1) In the SR zone, perimeter lots must have a minimum area of 7,500 square feet and width of 60 feet, and in the UR zone, perimeter lots must have a minimum area of 6,000 square feet and width of 45 feet.

(2) At least 50 percent of the total number of dwelling units must be single-family detached residences on lots of at least 6,000 square feet in all zones except for the Multi-Family Residential.

(3) Comply with the fire protection requirements of the International Building Code (IBC) and the International Fire Code (IFC). Additional fire protection is required by these rules when setbacks are reduced below the standard five feet.

(4) Setback requirements of the underlying zone shall apply for all property lines located on the perimeter of the PRD.

(5) Each lot must be of a size and shape to contain the proposed improvements.

(6) The lots are designed so that homes can be constructed at least 15 feet from any environmentally critical area buffer.

(7) In providing additional amenity pursuant to subsection (h) of this section, priority shall be given to maintaining native areas in a natural condition.

(8) Homes shall be designed so as to minimize the visual impact of garages and automobiles from the streets and sidewalks through either:

(i) Providing alleys which provide access to the garage at the rear of the lot; or

(ii) Locate the garage at least 20 feet behind the front of the house; or

(iii) Locate the garage at least five feet behind the front of the house, with the combined width of garage doors no wider than 18 feet or 50 percent of the width of the front of the house (including garage), whichever is less.

(e) The design of a PRD, including site layout, landscaping, public facilities (e.g., storm drainage, parks, streets, etc.) and building design shall be subject to Design Review Board (DRB) approval and shall meet the City’s adopted Development Design Guidelines. In lieu of the DRB approving each SFR structure, the applicant may propose project-specific design guidelines, in which case the DRB may approve the guidelines, to be implemented administratively by the Department of Planning and Community Development. Where authority is granted by the DRB to staff to review individual single-family residential structures, the DRB shall be the arbiter between the applicant and staff.

(f) When located in the SR, UR or HUR zone, multifamily portions of a PRD shall be developed more toward the interior rather than the periphery of the tract so that only single-family detached residences border adjacent properties and roads.

(g) Type A screening (Chapter 14.76) shall apply to the exterior boundaries of the PRD, but are not required between uses within the PRD.

(h) When creating a PRD, the applicant must improve 10 percent of the site with common amenities, in addition to the open space requirements (Sections 14.52.010 and 14.52.030). The amenities can include, but are not limited to, additional usable open space area, landscaped entries into the project (in addition to the standard roadway dedication and landscaping requirements), landscape islands in the center of roads, special treatment of roads (such as concrete pavers), protection of significant clusters of trees, or other amenities as may be appropriate. Common amenities do not include protected critical areas and their buffers, unless passive recreation is provided within the buffer areas. In such case, credit for trails will be given at a rate of 10 square feet for each lineal foot of trail, 10 square feet for each park bench and five square feet for each interpretive sign. Park space will be given credit towards meeting this requirement only when it meets the criteria for dedication contained in Chapter 14.120.

(i) Protected critical areas and significant stands of trees will be used as an amenity to the project through such techniques as providing pervious trails and benches in buffers and significant stands of trees, orienting buildings to create views, and any other technique to provide visual and physical access. (Ord. 746, Sec. 5, 2007; Ord. 741, Sec. 6, 2007; Ord. 639, Sec. 3, 2001; Ord. 579, 1998; Ord. 501, Sec. 9, 1995; Ord. 468, 1995)

14.44.030 Planned Neighborhood Developments.

Repealed by Ord. 811. (Ord. 468, 1995)

14.44.035 Cottage Housing Developments.

Cottage housing developments (Chapter 14.46) shall be permitted only in the following residential zoning districts: Suburban Residential, Waterfront Residential, Urban Residential, and High Urban Residential. Cottage housing developments shall also be permitted in the Mixed Use zone if proposed as part of the overall development concept, which includes one or more commercial uses, and if each commercial use is built before or at the same time as the cottage housing development portion of the site. Cottage housing developments shall also be permitted in the Planned Business District to serve as a buffer between adjacent higher and lower density uses that are included in the master development plan. (Ord. 798, Sec. 5, 2009)

14.44.040 Temporary Emergency, Construction, or Repair Residences.

(a) Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.

(b) Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance, except that the Planning Director may renew such permit for one additional period not to exceed three months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.

(c) When sudden, unforeseen damage occurs to a residence making it uninhabitable, thus necessitating occupancy in a temporary residence, occupancy may occur immediately provided an application for the temporary use permit is made within seven days from the first day of occupancy in the temporary residence. (Ord. 676, Sec. 31, 2003; Ord. 468, 1995)

14.44.044 Recreational Vehicles as Temporary Dwelling Units.

Repealed by Ord. 811. (Ord. 676, Sec. 32, 2003; Ord. 468, 1995)

14.44.048 Temporary Public Structures.

Public agencies may erect and use temporary structures (e.g., portable school classrooms, civic uses, emergency command centers, health and social services centers, etc.) upon demonstrating that such a use is in the public benefit and that the use is temporary in nature. Permits for temporary public structures shall expire one year after issuance, but may be renewed annually by the Planning Director upon demonstration of demonstrated public benefit. (Ord. 468, 1995)

14.44.050 Events.

Repealed by Ord. 811. (Ord. 821, Sec. 7, 2009; Ord. 676, Sec. 33, 2003; Ord. 468, 1995)

14.44.060 Class “A,” “B,” or “C” Mobile Homes.

Repealed by Ord. 811. (Ord. 468, 1995)

14.44.064 Tourist Homes.

All tourist homes shall comply with the following standards:

(a) Only one tourist home is allowed per site and shall be operated by the owner of the property, who shall live on site.

(b) When located in residential zones, outward appearances of the tourist home shall be of a single-family residential structure.

(d) Guests stay shall be limited to 10 consecutive days and a total of 30 days in any one calendar year.

(e) In a single-family residential district, the number of rooms that may be rented shall not exceed five, or the area of said rooms shall not exceed 25 percent of the gross floor area of the house, whichever is less.

(f) Meals provided shall be made available only to overnight guests.

(g) In single-family residential zones, accessory buildings shall be limited to those customarily found at single-family residences.

(h) No business activity other than providing a room and meals shall be allowed on the site. (Ord. 590, 1998)

14.44.065 Accessory Apartment in Industrial Zones.

Any accessory apartments permitted in the Light or General Industrial Zone pursuant to Use Class 1.117 shall meet the following standards:

(a) The total number of accessory dwellings on a site shall not exceed one.

(b) The gross floor area of an accessory apartment site shall not exceed 1,000 square feet.

(c) The accessory apartment shall be integrated into a larger building which also houses activities for the principally permitted use.

(d) The apartment use shall not enjoy the protection of the Manufacturing and Processing Performance Standards as contained in Part III of Chapter 14.40. (Ord. 606, 1999)

14.44.070 Uses Within Commercial Recreational Districts to Be Compatible with Regional Recreation Facilities.

Repealed by Ord. 811.

14.44.074 Over- and In-Water Structures (Docks, Boathouses, Etc.).

(a) It is unlawful to erect or construct any building or structure, except for docks, outward from the shores of Lake Stevens. This section shall not prohibit the construction or maintenance of docks, or maintenance of existing boathouses built upon piling, or floating docks, provided the same have been constructed or maintained in accordance with a lawful permit or have legal nonconforming status.

(b) All private docks shall meet the following standards:

(1) Maximum Length. No permit may be issued for a private dock that extends beyond an imaginary line drawn between the two most adjacent legally existing docks within 300 feet on either side of the proposed dock. If no legal docks exist within 300 feet of either side of the proposed dock, then the maximum length of the dock shall be 50 feet.

(2) Maximum Height of Decking. The maximum height of private docks shall be 30 inches above the mean high water mark.

(3) Maximum Height of Hand Railings. The maximum height of hand railings on private docks shall be 36 inches.

(4) Minimum Side Yard Requirements. See Section 14.48.040 (Building Setback Requirements).

(1) Maximum Length. No permit may be issued for a public dock that extends beyond the shore more than 150 feet.

(2) Maximum Height of Decking. The maximum height of private docks shall be 30 inches above the mean high water mark.

(3) Maximum Height of Hand Railings. The maximum height of hand railings on public docks shall be 42 inches.

(4) Minimum Side Yard Requirements. See Section 14.48.040 (Building Setback Requirements). (Ord. 590, 1998; Ord. 468, 1995)

14.44.075 Farm Animals.

(a) Farm animals are permitted in residential zoning districts, provided the following standards are met:

(1) The keeping of animals complies with the animal regulations contained in Title 5 of the Lake Stevens Municipal Code.

(2) Except as provided for below, farm animals may be kept only on lots of two and one-half acres or larger.

(3) Small farm animals such as rabbits, fowl, and household pets (including pot-belly pigs) may be kept on residential lots of any size, provided they are kept in a manner so as not to constitute a nuisance pursuant to Chapter 9.60 (Nuisances).

(4) Farm animals may be kept only for the personal use, whether it be for recreational, personal enjoyment, social and educational purposes or food production. Keeping of animals for commercial purposes is prohibited in residential zones, except where specifically allowed pursuant to Table 14.40-I.

(5) Farm animals must be kept a minimum of 50 feet from any stream buffer or wetland buffer. (Ord. 607, Sec. 2, 1999; Ord. 468, 1995)

14.44.080 Mobile Sales and Delivery.

Mobile sales and delivery (Class 2.300 uses) is permitted in all zones. Review will occur annually in conjunction with a business license renewal. (Ord. 811, Sec. 43, 2010; Ord. 468, 1995)

14.44.085 Motor Vehicle Sales in the Central Business District.

Motor vehicle sales and rental as well as mobile home sales (Use Class 9.100) are allowed in the Central Business District only on properties that are north of 20th Street NE. (Ord. 682, 2004)

14.44.090 Planned Business District.

(a) The Planned Business District is designed to accommodate commercial or mixed use development on sites containing sensitive resources or other sites where, due to property-specific circumstances, detailed planning would benefit all property owners involved as well as the public by allowing for comprehensive site planning and a transfer of densities among parcels in order to avoid impacts to sensitive resources.

(b) Development of all contiguous properties within a Planned Business District shall be in conformance with a master development plan developed for each of the Planned Business Districts in conformance with subsection (g) of this section. A master development plan is an area plan adopted by the City Council, which includes single and/or multiple ownerships of parcel(s) that relate through common objectives and design elements. The boundaries of the master development plan shall be an area generally delineated by principal/intermediate/minor arterial/collector streets within the PBD Zone.

(c) The master development plan shall not create a contract or be considered as absolutely binding upon the City or adjacent owners as to future development of adjacent land (unless so specified in a separate development agreement), but shall be used as a guide to landowners, developers, and the City.

(d) If a master development plan has not been adopted, property owners may request grading or building permits for existing or accessory structures. No new residential structures are allowed unless allowed as a permissible use pursuant to Chapter 14.40.

(e) The master development plan for any Planned Business District may be developed either by an applicant or group of applicants working collectively or by the City. However, the City is not obligated to do so.

(f) The master development plan shall be processed (and amended) as a conditional use permit. However, once a master development plan is adopted for a Planned Business District, all subsequent individual permitted uses shall be permitted through a site plan review and subsequent building permits and shall be consistent with the master development plan.

(g) Master development plans shall address the following:

(1) Site Design. A site plan for the entire Planned Business District shall be developed, indicating where the various land uses and the below listed elements will be located.

(2) Permitted Uses. Individual residential uses consistent with Table 14.40-I may be allowed when:

(i) An economic analysis is submitted with the master development plan application, supporting the change or mix of commercial and/or nonresidential uses and the increased need for residential development within the immediate area of the Planned Business District. The analysis, at a minimum, shall demonstrate that the potential commercial components being replaced by residential uses do not diminish the City’s overall economic viability as set forth in the goals, policies, and strategies of the Comprehensive Plan; and

(ii) The uses proposed in the master development plan include at least five percent commercial and/or civic uses based on the total square footage of the use structure. If the exact residential square footage is not known at the time of application for the master development plan, the applicant may use 1,500 per residential unit square footage factor to calculate the required commercial and/or civic use component; and

(iii) The residential development is proposed at a minimum of three dwelling units per acre on the site area allocated to the residential uses. A single-family residence may be permitted on sites where the property qualifies for a reasonable use provision pursuant to Sections 14.88.900 through 14.88.950. Development rights only shall be calculated using a base of three dwelling units per acre and may only be transferred to other sites within the same PBD master development plan area; and

(iv) Multifamily apartments shall be limited to 75 percent of the total residential uses on site. This provision does not apply to mixed use structures.

(3) Transportation and Circulation. The layout and design of all streets, rights-of-way, parking, ingress and egress, and mass transit facilities for the entire Planned Business District shall be provided.

(4) Utilities. The layout and design of all major utility facilities, including stations, main pipes, and detention facilities shall be provided.

(5) Recreational and Cultural Facilities. At least 10 percent of the portions of a Planned Business District that are not within sensitive areas or buffers shall be developed as usable open space. Such open space may be comprised of park space, public or private porches and patios, public trails, art facilities, or other similar uses which are intended to provide opportunities for recreational, cultural, or personal experiences.

(6) Critical Areas. All critical areas shall be identified and protected in conformance with Chapter 14.88 (Critical Areas). A protection and mitigation program for the entire site may be developed; provided, that mitigation for approved impacts shall be required at the time of the impact, regardless of whether the impact is located on the same parcel as the mitigation.

(7) Design. A master design concept shall be developed in conformance with the City’s development design guidelines, addressing architecture, massing, signage, streetscape, street furniture, etc. All development within the Planned Business District shall then need to conform to the design concept. Innovative design concepts may be considered and approved pursuant to the design review process in Section 14.16C.050(f), when the applicant demonstrates the overall design complies with the City’s Comprehensive Plan goals and policies. Design concepts and requirements may be administered through the master development plan and subsequent site plan review.

(8) Landscaping. A landscaping concept shall be developed addressing plant species, design, installation, and maintenance. (Ord. 811, Sec. 44, 2010; Ord. 798, Sec. 6, 2009; Ord. 797, Sec. 5, 2009; Ord. 744, Sec. 4, 2007; Ord. 676, Sec. 34, 2003; Ord. 468, 1995)

14.44.095 Neighborhood Commercial.

(a) A property may be rezoned to Neighborhood Commercial if and only if it meets the following criteria:

(1) Neighborhood Commercial zones shall be located on an intersection of two public rights-of-way, one of which must have a roadway classification of arterial or greater.

(2) No more than one acre of contiguous land may be zoned Neighborhood Commercial at any intersection.

(3) No property may be zoned Neighborhood Commercial within a one-half mile radius of any other property so zoned, unless it is contiguous to the already zoned property and does not cause the total area of property so zoned to exceed one acre.

(b) Development and land use within the Neighborhood Commercial zones shall comply with the following:

(1) Retail sales by dispensing of gasoline, diesel fuel and refillable propane is prohibited.

(2) Interior illuminated signs and freestanding signs are prohibited.

(3) The building design shall incorporate features common to the surrounding residential areas such as pitched roofs, natural materials, and detailing.

(4) Hours of operation shall cease between 10:00 p.m. and 6:00 a.m. (Ord. 662, Sec. 3, 2002; Ord. 468, 1995)

Part II. Grading, Filling, and Excavation

14.44.100 Grading and Clearing Permits.

(a) This section identifies when permits are necessary to engage in grading and clearing activities. Activities exempt from such permits are still required to comply with the standards contained in Section 14.44.110.

(b) An administrative conditional use permit shall be required for any grading, excavation or filling on a lot that exceeds the 100 cubic yards threshold level within any 12-month period.

(c) Projects which do not meet the threshold for a permit as identified in subsection (b) of this section will be required to obtain a grading permit if one or more of the following apply:

(1) The grading will result an increase in impervious surface area in the amount of five percent of the lot area or 2,000 square feet, whichever is less.

(2) The grading will redirect stormwater from 5,000 square feet or more of drainage area so that it is released onto adjacent properties in a concentrated manner and in the opinion of the Public Works Director may potentially impact those properties.

(3) The grading alters, redirects, or impedes natural watercourses or man made drainage channels.

(4) Grading of 10 yards or more occurs within five feet of the site’s property lines.

(5) Finished slopes will exceed a ratio of 2:1 (horizontal to vertical).

(6) A retaining wall of three feet or higher is to be built.

(7) Grading is proposed within the boundaries of any drainage, access or utility easements.

(d) Planning Director approval or an administrative conditional use permit is required for any clearing of 10,000 square feet or more within any 12-month period, except that removal of any vegetation from wetlands, streams or their buffers may not occur without prior approval from the Planning Director, in which case removal shall be in compliance with Chapter 14.88 LSMC.

(e) For the purpose of determining the area being cleared pursuant to subsection (c) of this section, the following standards shall apply:

(1) Areas in which grasses and ground cover are mowed or trees and shrubs are trimmed shall not be counted as areas being cleared, unless such actions are to such an extent that they effectively kill the vegetation being mowed or trimmed, or if the areas are located within a wetland, a stream, or its buffers.

(2) When clearing consists of removing trees but not the vegetation under or around the trees, for each tree removed the area considered to be cleared shall be the area covered by the tree’s canopy at its widest. This is represented mathematically as follows: 3.14 x r2, where r equals the radius of the tree canopy at its widest. (Ord. 811, Sec. 45, 2010; Ord. 676, Sec. 35, 2003; Ord. 666, 2002; Ord. 639, Sec. 3, 2001; Ord. 468, 1995)

14.44.110 Restrictions and Requirements.

All clearing, grading, filling, and excavation, regardless of whether or not a permit is required, is subject to the following requirements:

(a) No clearing, grading, filling, or excavation is allowed in an environmentally sensitive area and its buffers where such activities are prohibited by Chapter 14.88.

(b) For single-family and duplex lots, no grading shall be allowed which results in the impervious surface area of the lot to exceed 40 percent of the total lot area. If the lot has 40 percent or more impervious surface area prior to grading, no additional impervious surface area is allowed.

(c) No clearing, grading, filling, or excavation, except that necessary for essential repairs of permitted private structures or construction of public infrastructure or facilities, is permitted outward from the shores of Lake Stevens.

(d) Adequate temporary erosion and sedimentation control (TESC) measures shall be approved and installed per Chapter 14.64 (Floodways, Floodplains, Drainage, and Erosion) prior to any disturbance of soils.

(e) All disturbed areas shall be hydro-seeded and mulched, sodded, or otherwise protected within 48 hours of disturbance.

(f) All potentially impacted environmentally sensitive areas and their buffers shall be delimited with a construction limits fence prior to any disturbance of the soil.

(g) The applicant shall present to the City a valid NPDES permit, where required, prior to any disturbance of soil.

(h) Environmental review of grading associated with site development may be done concurrently with the environmental review of the project (e.g., preliminary plat, land use permit, or building permit), allowing for grading for public improvements to be permitted by approval of the construction drawings. However, the application shall specifically state that grading is a part of the application, and the permit shall specifically state what grading is permitted, or the grading shall not be considered permitted.

(i) During the below listed dates all grading and clearing shall be phased as follows:

(1) For grading activity not associated with a plat, between October 1st and March 31st no more than one-fourth acre, or 50 cubic yards of soil, whichever represents the least amount of soil, may be moved or graded at any one time before that portion of the project is closed up per subsection (d) of this section.

(2) Between October 1st and March 31st, grading of individual building lots in a plat shall be phased, with no more than 10 lots being graded in a plat at any one time. Before additional lots can be graded, the previously graded lots shall be hydro-seeded and mulched, sodded, or otherwise protected.

(j) Clearing activities of 10,000 square feet or more in any twelve month period shall comply with the retention and protection of large tree requirements as contained in Section 14.76.120. Replacement trees shall be located in such a manner they will not be disturbed when the site develops in the future. In addition, no more than 10 percent of significant trees or 50 percent of all trees on a site may be removed unless and until it is done as part of a plan which has received the appropriate land use permit(s) from the City. The applicant shall include a conceptual plan showing how the protected trees will be able to be retained at the time of site development. (Ord. 666, 2002; Ord. 639, Sec. 3, 2001; Ord. 590, 1998; Ord. 468, 1995)

14.44.120 Drainage Impacts.

(a) No clearing or grading permit may approved unless applicant demonstrates to the satisfaction of the Director of Public Works that the requirements of Part II of Chapter 14.64 have been met. (Ord. 676, Sec. 36, 2003; Ord. 468, 1995)

14.44.130 Top Soil.

In order to provide a suitable vegetation growth medium for final site stabilization, the following requirements shall be met prior to residential final plat approval or if on an existing lot, prior to issuance of a final inspection/certificate of occupancy:

(a) A minimum of eight inches of top soil is to be placed in all areas not developed with impervious surface area.

(b) In order to ensure a proper bond between the topsoil and subsoil, the topsoil shall be worked into the layer below for a minimum of six inches, resulting in a consistent mix of topsoil and subsoil throughout.

(d) When native topsoil is to be stockpiled and reused, the following should apply to ensure that the mycorrhizal bacterial, earthworms, and other beneficial organisms will not be destroyed.

(1) Topsoil is to be re-installed within four to six weeks.

(2) Topsoil is not to become saturated with water.

(3) Covers placed over the pile must first be approved by Public Works to ensure the material is breathable to allow sufficient passage of oxygen. Plastic cover is not allowed.

(e) Stockpiling of topsoil shall comply with the following:

(1) The slopes of the pile shall not exceed 2:1.

(2) In interceptor dike with gravel outlet and silt fence shall surround all topsoil stockpiles.

(3) Erosion control seeding or covering with clear plastic or other mulching materials of stockpiles shall be completed with in two days (October 1st through April 30th) or seven days (May 1st through September 30th). Native topsoil stockpiles shall not be covered with plastic.

(4) Topsoil shall not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or when conditions exist that may otherwise be detrimental to proper grading or proposed sodding or seeding. (Ord. 639, Sec. 3, 2001)

Part III. Manufacturing/Processing Performance Standards

14.44.200 [Intentionally Blank]

14.44.210 Noise.

(a) No 4.000 classification use in any permissible business district may generate noise that tends to have an annoying or disruptive effect upon (1) uses located outside the immediate space occupied by the 4.000 use if that use is one of several located on a lot, or (2) uses located on adjacent lots.

(b) Except as provided in subsection (f) of this section, the table set forth in subsection (e) of this section establishes the maximum permissible noise levels for 4.000 classification uses in the Light Industrial and General Industrial districts. Measurements shall be taken at the boundary line of the lot where the 4.000 classification use is located, and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the 4.000 classification use is located.

(c) A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level “sound” louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And accordingly, all measurements are expressed in dB(A) to reflect the use of this A-weighted filter.

(d) The standards established in the table set forth in subsection (e) of this section are expressed in terms of the equivalent sound level (Leq), which must be calculated by taking 100 instantaneous A-weighted sound levels at 10-second intervals (see the administrative guideline entitled “Guide for Noise Levels,” Section F-1) and computing the Leq in accordance with the table set forth in the administrative guideline entitled “Guide for Noise Levels,” Section F-2.

(e) Table 14.44-I: Maximum Permitted Sound Levels, dB(A).

Table 14.44-I: Maximum Permitted Sound Levels, dB(A)
Zoning of Lot Where 4.000 Use Located	(re: 0.0002 Microbar) Zoning of Adjacent Land
	Residential and PND		NC, LB, CBD, MU, PBD, SRC	LI	GI
	7:00 a.m. - 9:00 p.m.	9:00 p.m. - 7:00 a.m.
LI & GI	60	50	65	70	70

(f) Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of 10 dB(A) in excess of the figures listed in subsection (e) of this section, except that this higher level of permissible noise shall not apply from 9:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.

(g) Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. shall be exempt from the requirements of this section. (Ord. 811, Sec. 46, 2010; Ord. 590, 1998; Ord. 468, 1995)

14.44.220 Vibration.

(a) No 4.000 classification use in any permissible business district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at (1) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (2) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

(b) No 4.000 classification use in a Light Industrial or General Industrial district may generate any ground-transmitted vibration in excess of the limits set forth in subsection (e) of this section. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in subsection (d) of this section.

(c) The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(d) The vibration maximums set forth in subsection (e) of this section are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency.

When computed, the following formula shall be used:

PV = 6.28 F x D

Where:


PV =	Particle velocity, inches-per-second
F =	Vibration frequency, cycles-per-second
D =	Single amplitude displacement of the vibration, inches.

The maximum velocity shall be the vector sum of the three components recorded.

(e) Table 14.44-II: Table of Maximum Ground-Transmitted Vibration.

Table 14.44-II: Maximum Ground-Transmitted

Vibration
Zoning District	Particle Velocity, Inches-Per-Second
	Particle Velocity, Inches-Per-Second
	Adjacent Lot Line	Residential District
M-1	0.10	0.02
M-2	0.20	0.02

(f) The values stated in subsection (e) of this section may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

(g) Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. shall be exempt from the requirements of this section. (Ord. 811, Sec. 92, 2010)

14.44.230 Odors.

(a) For purposes of this section, the “odor threshold” is defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of five healthy observers.

(b) No 4.000 classification use in any district may generate any odor that reaches the odor threshold, measured at:

(1) The outside boundary of the immediate space occupied by the enterprise generating the odor.

(2) The lot line if the enterprise generating the odor is the only enterprise located on a lot.

14.44.240 Smoke and Air Pollution.

(a) Any 4.000 classification use that emits any “air contaminant” as defined in Regulations 1, 2, or 3 of the Puget Sound Air Pollution Control Agency shall comply with applicable state standards concerning air pollution, as set forth in Regulations 1, 2, or 3 of the Puget Sound Air Pollution Control Agency.

(b) No Planning Director approval, administrative conditional use, or conditional use permit may be issued with respect to any development covered by subsection (a) of this section until the Puget Sound Air Pollution Control Agency has certified to the permit-issuing authority that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws. (Ord. 811, Sec. 47, 2010).

14.44.250 Disposal of Liquid and Hazardous Wastes.

(a) No 4.000 classification use in any district may discharge any waste contrary to the provisions of Chapter 70.105 RCW (Hazardous Waste Management) or Chapter 90.48 RCW (Water Pollution Control).

(b) No 4.000 classification use in any district may discharge into the City sewage treatment facilities any waste that cannot be adequately treated by biological means.

14.44.260 Water Consumption.

No 4.000 classification use shall consume and/or use water supplied by the Snohomish County Public Utility District No. 1 in a manner inconsistent with the requirements and water service policies of the Snohomish County Public Utility District No. 1.

14.44.270 Electrical Disturbance or Interference.

No 4.000 classification use may:

(a) Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or

(b) Otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

Part IV. Design

14.44.300 Design Guidelines or Standards Adopted.

Repealed by Ord. 811. (Ord. 468, 1995)

14.44.310 Conformance with Design Guidelines or Standards.

Repealed by Ord. 811. (Ord. 797, Sec. 5, 2009; Ord. 725, Sec. 3, 2006; Ord. 676, Sec. 37, 2003; Ord. 563, Sec. 2, 1997; Ord. 501, Sec. 8, 1995; Ord. 468, 1995)

14.44.320 Diversity within Planned Residential Districts.

Within planned residential developments, no identical building elevation may be built on lots adjoining in any direction.

For the purposes of this section, streets are not considered to separate lots.

14.44.330 Location of Parking in Two-Family and Multifamily Structures.

For multifamily (Class 1.300) uses, in no instance shall street level parking areas be allowed within 25 feet of a public right-of-way unless it is substantially shielded from public view. (Ord. 676, Sec. 38, 2003; Ord. 468, 1995)

14.44.340 Site Design in the Central Business and Mixed Use Districts.

(a) In the Central Business and Mixed Use Districts, except as provided for in subsection (b) of this section, all structures shall be located adjacent to or as nearly adjacent as feasible to the sidewalk(s) falling within adjacent public right(s)-of-way. Where a structure is recessed from the public sidewalk, a private extension of the sidewalk shall be installed so as to widen the sidewalk up to the building front.

(b) Structures may be located internal to a lot(s) (i.e., not adjacent to a public right-of-way) when those portions adjacent to a public right-of-way are built already or concurrently built out.

(c) Wherever feasible, buildings in the Central Business and Mixed Use Districts shall be adjoining, so as to create a continuous facade along a street. (Ord. 676, Sec. 39, 2003; Ord. 468, 1995)

14.44.350 Drive-Through Windows.

(a) All drive-through windows and their driveways shall be designed so as to not pose a hazard to pedestrians or other vehicles. In particular, driveways and approaches to drive-through windows shall not be designed so as to cross a pedestrian way or vehicular way, except to cross a public sidewalk adjacent to a public right-of-way.

(b) All drive-through windows and their driveways shall be screened so as to minimize visual impacts from public rights-of-way.

(c) In the Central Business and Mixed Use Districts, realize that all structures, including those with drive-through windows, must be designed per Section 14.44.340, which poses certain design constraints.

(d) If a drive-through window and/or its driveway cannot be designed to meet the intent of this section, the use of the drive-through may be denied by the permit-issuing authority. (Ord. 468, 1995)

14.44.360 Wireless Communication Towers and Antennas.

(a) No wireless communication tower may be located within 1,000 feet of an existing or previously approved tower.

(b) No wireless tower may be located within 1,000 feet of the shoreline of Lake Stevens.

(d) A new antenna or array placed on a previously approved tower is exempt from further land use permit approvals, provided it does not add more than 25 feet to the height of the tower.

(e) A new antenna or array placed on an existing structure such as a water tank or building is exempt from a land use permit, provided the new antenna or array extends no higher than 25 feet above the top of the structure to which it is being added.

(f) Speculative wireless towers are prohibited. As part of the land use permit process, the applicant shall demonstrate that there is a licensed provider of telecommunication services contractually committed to using the proposed pole to provide wireless communication services.

(g) Screening of the base of the pole, including any security fences and equipment cabinets, shall be done in a manner as to blend into the site so as the screening does not to call undue attention itself. Unless otherwise required by the Federal Aviation Administration, wireless facility support structures shall be of a neutral color to minimize visibility.

(h) Should the communications element of a tower be abandoned and cease functioning for a period of one year, the tower shall be removed from the site. At the time of application, a notarized statement from the property owner shall be provided to the City and recorded against the property which affirms that:

1. The signee is the owner; and

2. He or she understands that if the use is abandoned the tower must be removed within one year; and

3. If the City takes action to enforce this rule, the property owner, heirs or successors are ultimately responsible for the removal. (Ord. 608, Sec. 3, 1999)

14.44.370 Essential Public Facilities Eligible for Common Site Review.

Repealed by Ord. 811. (Ord. 666, Sec. 6, 2002)

14.44.380 Essential Public Facilities - Development and Operating Requirements.

Repealed by Ord. 811. (Ord. 666, Sec. 7, 2002)

14.44.390 Secure Community Transition Facilities.

Repealed by Ord. 811. (Ord. 666, Sec. 7, 2002)

14.44.400 Sales of Food from Stationary Motor Vehicles on City-Owned Property.

(a) This section applies to events which are wholly or partially located on City-owned or public property.

(b) Sales of food from stationary motor vehicles on City-owned property is prohibited except when part of an event for which an event permit has been issued.

(c) Management of vendors, such as vendor selection, booth location and products offered shall be the responsibility of the event sponsor, except that through the event permit process, the City may regulate the location of vendors if necessary to protect the health, safety and general welfare of the public and ensure that the event does not adversely affect the ability of the City to perform its duties and functions.

(d) The event sponsor shall be responsible to ensure that the vendors who prepare food or beverages on or off site, and who intend to sell or serve food or beverage items to the public, have the required insurance policy as recommended and required by the City’s current insurance provider. Said insurance shall list the City of Lake Stevens as additional insured and will include the endorsement of said policy.

(e) The event sponsor shall be responsible to ensure that all food vendors have the necessary permits per the current Snohomish County Health District requirements or other applicable State or County regulatory agency. (Ord. 821, Sec. 8, 2009; Ord. 676, Sec. 40, 2003)

14.44.410 Sales of Food from Stationary Motor Vehicles on Property Not Owned by the City.

(a) This section applies to events which are wholly or partially located on property not owned by the City of Lake Stevens.

(b) Sales of food from stationary motor vehicles during events that are wholly or partially on property not owned by the City are prohibited except when a part of an event for which an event permit has been issued or as an accessory use pursuant to the provisions contained in Chapter 14.40. (Ord. 821, Sec. 9, 2009; Ord. 676, Sec. 41, 2003)

14.44.420 Fence Permit Required.

(a) A building permit shall be obtained for any new fence which exceeds six feet in height.

(b) Where allowed, fences taller than six feet shall meet the requirements of the International Building Code (IBC).

(c) The Department of Planning and Community Development shall approve a building permit for a fence if it finds that the proposed fence is consistent with Chapter 14.80 (Building and Construction) and:

(1) Meets all applicable setback requirements;

(2) Does not exceed applicable height requirements;

(3) Does not adversely impact utility or access easements;

(4) Does not create a traffic hazard, in the opinion of the Public Works Director, by limiting sight-lines for vehicles at locations such as road and alley intersections, and where vehicles cross sidewalks;

(5) Will not be detrimental to the public health, safety and general welfare.

(d) It shall be the responsibility of the property owner to ensure the fence is placed in the proper location. Exceptions to setback requirements for fences are located in Section 14.48.050(e). (Ord. 811, Sec. 53, 2010; Ord. 746, Sec. 6, 2007; Ord. 676, Sec. 42, 2003)