Chapter 18.07 REQUIRED DEVELOPMENT AND DESIGN STANDARDS

Chapter 18.07
REQUIRED DEVELOPMENT AND DESIGN STANDARDS

Sections:

Purpose and Intent

18.07.010 Purpose of the development and design standards.

18.07.020 Intent of the development and design standards.

18.07.030 Scope.

Development Standards Applicable to All Districts

General Standards

18.07.040 Setbacks.

18.07.050 Impervious surface.

18.07.060 Building height.

18.07.070 Density.

18.07.080 Nonmotorized facilities.

18.07.081 Nonmotorized facilities in single family developments.

18.07.090 Bed and breakfast/guest house standards.

18.07.100 Day care operation and adult family home standards.

18.07.105 Essential public facilities.

18.07.107 Outdoor lighting.

Accessory Structures

18.07.110 Accessory structures – Uninhabitable.

18.07.120 Fences.

18.07.130 Trash and recycling enclosures.

18.07.135 Mechanical screening and noise control.

Nuisance/Safety

18.07.140 Animals – Maintenance of agricultural animals in residential district.

18.07.150 Animals – Minimum standards for all animals.

18.07.160 Animals – Honey bees.

18.07.170 Animals – Exotic animals.

18.07.180 Animals – Veterinary clinic/boarding kennel.

18.07.190 Garbage, trash and noxious/destructive plants.

18.07.200 Junk and junk yards prohibited.

18.07.210 Parking and storage of vehicles and boats.

18.07.220 Vehicular and engine repair.

18.07.230 Visibility at street intersections.

18.07.240 Undeveloped property – Habitation prohibited.

Administrative Adjustment of Standards

18.07.250 Administrative adjustment of standards.

18.07.260 Purpose.

18.07.270 Process.

18.07.280 Prohibited standards.

18.07.290 Applicability.

18.07.300 Height.

18.07.310 Home occupation standards.

18.07.320 Senior housing adjustment for special needs and affordable housing (housing incentives).

18.07.330 Setbacks.

18.07.335 Recodified.

18.07.340 Repealed.

18.07.350 Other standards not identified.

18.07.355 Building height adjustments.

District Standards

18.07.360 District standards table.

18.07.365 Repealed.

Residential Standards

18.07.370 Residential mixed use developments.

18.07.380 Assisted living facilities.

18.07.390 Senior housing standards.

18.07.400 Reasonable accommodation.

18.07.410 Single family standards.

18.07.420 Cluster housing standards.

18.07.430 Manufactured homes and manufactured home subdivisions.

18.07.440 Multifamily and duplex development standards.

Accessory Uses – Residential Standards

18.07.450 Accessory dwelling units (ADUs).

18.07.460 Repealed.

18.07.470 Home occupations.

Nonresidential Standards

18.07.480 Community facilities standards.

18.07.490 Outdoor recreation facilities.

18.07.500 Utility facilities.

18.07.505 Wireless communication facilities.

18.07.510 Adult entertainment standards.

18.07.520 Shopping center standards.

18.07.525 Mineral Resource Zone (“M”) development standards.

18.07.527 Self-storage facility standards.

Accessory Uses – Commercial

18.07.530 Accessory vending stands.

18.07.540 Private outdoor retail display/sidewalk sales.

18.07.550 Hazardous waste storage and/or treatment facilities.

18.07.560 Heliports.

Accessory Structures

18.07.570 Temporary commercial buildings, structures or uses.

Master Site Plans

18.07.580 Purpose.

18.07.590 Master Site Plans.

18.07.600 Review.

18.07.610 Intent.

18.07.620 Applicability.

18.07.630 Land ownership requirements.

18.07.640 Application for a Master Site Plan.

18.07.650 Master Site Plan contents.

18.07.660 Approval criteria.

18.07.670 Repealed.

18.07.680 Repealed.

18.07.690 Repealed.

Appendices

Appendix 1 Fence Measurement Graphic

Appendix 1a Grade Measurement Graphic

Appendix 1b Building Height Measurement

Appendix 2 Design Standards/Design Criteria Checklist

Appendix 3 Repealed.

Appendix 4 Hazardous Waste Facility State Siting Criteria

Purpose and Intent

18.07.010 Purpose of the development and design standards.

The purpose of development and design standards is to provide a framework within which a site may be developed. These standards establish requirements for setbacks, impervious surface, building height, and density, and also include provisions for accessory uses and structures. These standards identify the elements which define the aesthetic and architectural character of the site and surrounding areas, and also provide measures to evaluate scale and compatibility as well as enhance the visual appearance of a site. (Ord. 2108 § 7.1.1, 1996).

18.07.020 Intent of the development and design standards.

The intent of the development and design standards is to achieve compatible land uses within zoning districts and surrounding areas by providing uniform regulations throughout each district, encouraging neighborhood stability and consistency, promoting commercial viability and compatibility, and maintaining the existing historic design and scale of Issaquah. All development standards apply to a project whether or not critical areas are present on the site. Development standards, except density, shall be calculated using the gross site area. (Ord. 2108 § 7.1.2, 1996).

18.07.030 Scope.

Chapter 18.07 IMC contains development and design standards applicable to all districts and projects (IMC 18.07.040 through 18.07.360); development and design standards applicable to residential districts and projects (IMC 18.07.370 through 18.07.470); and development and design standards applicable to nonresidential districts and projects (IMC 18.07.480 through 18.07.570). (Ord. 2108 § 7.1.3, 1996).

Development Standards Applicable to All Districts

General Standards

18.07.040 Setbacks.

A. Purpose: The purpose of setbacks is to provide light, air, emergency access, fire protection, buffers between adjoining uses, separation from adjoining lots, and frontage.

B. Measured: Setbacks are measured from the right-of-way, or from an abutting property line. When two (2) different standards apply to front, rear or side setbacks, the more restrictive setback shall be required.

C. Setback Requirements to Streets Having Substandard Right-of-Way Widths:

1. Whenever any property abutting a public street right-of-way with a substandard dedicated or deeded width is developed or redeveloped, the appropriate setback or buffer width required for future street expansion to standard right-of-way dimensions along with the required setbacks and corresponding buffers shall be reviewed and determined by the Planning Director/Manager based on the following approval criteria:

a. The required width of right-of-way specified by the IMC or the previously approved variance to those standards which are specifically applicable to that portion of the right-of-way which abuts the subject property;

b. The normal setback that would be required if the property abutted a public street right-of-way that complies with the width requirements of the City’s adopted street standards;

c. The history and source of the existing right-of-way;

d. A physical description of the existing right-of-way including width and an explanation of the nature and location of existing improvements;

e. Other setback decisions in the general area which might be considered precedent setting for this situation;

f. An analysis of the potential for future development in the vicinity;

g. Pertinent information from any traffic studies of the subject area;

h. The amount and location of additional right-of-way which the Public Works Department expects to eventually be obtained in the subject area.

2. In determining the required setback, the additional right-of-way necessary from the subject property shall be provided to bring the substandard width right-of-way up to the width requirements of Chapter 12.04 IMC, and the City’s adopted street standards, in addition to the normal setback width unless substantial evidence exists that supports a conclusion that a lesser right-of-way width is adequate to meet the circulation demands expected on the portion of right-of-way in question.

3. All improvements required as part of the property development shall be located within the portion of the property not expected to be subject to future right-of-way widening.

D. Architectural Features in Required Setback: The following architectural features shall not project more than eighteen (18) inches into any required setback:

1. Chimneys;

2. Flues;

3. Belt courses;

4. Sills;

5. Pilasters;

6. Ornamental features;

7. Cornices;

8. Eaves;

9. Gutters;

10. Dormer extensions;

11. Greenhouse or bay windows; and

12. Similar structures.

E. Decks, Porches, Patios, Walkways and other Minor Structural Elements: See Accessory Structures (IMC 18.07.110) for setback information. See Fences (IMC 18.07.120) for fence setback information.

F. Flexible Setbacks/Cluster Housing: Provisions regarding flexible setbacks including, but not limited to, zero lot line, semi-detached and townhouse development are found in Residential Standards: Cluster Housing (Article IV of this chapter) and in Administrative Adjustment of Standards (Article II of this chapter).

G. Administrative Adjustment of Standards: An Administrative Adjustment of Standards may be permitted through the Administrative Adjustment of Standards review process and approval criteria (Article II of this chapter). (Ord. 2447 § 36, 2005; Ord. 2301 § 2, 2001; Ord. 2108 § 7.2.1, 1996).

18.07.050 Impervious surface.

A. Purpose: The purpose of the impervious surface standard is to provide a balance of impervious and pervious surfaces on a lot, ensuring that adequate drainage is achieved and potential runoff of the lot is controlled. Some impervious surfaces, like recreational areas, provide visual relief from the built environment and create usable open space and linked areas which are an integrated part of the project. Pervious surfaces provide scenic corridors and visual relief from the built environment and provide protection for water quality and the natural environment. Where possible, pervious surfaces should be consolidated or linked so that these areas can also function as usable open space. Impervious surface standards are defined assuming no site constraints; in actuality, there may be site constraints that prevent the permitted impervious surface to be used.

B. Use of Pervious Areas: All required pervious areas on the site (per IMC 18.07.360, District standards table) shall be landscaped as required in this chapter. Parking or pedestrian access areas that use “pervious pavers” or pervious stormwater measures shall not be counted towards the required pervious areas of the land use district; however, stormwater regulations in IMC 13.28.055, Drainage review – Deviations for low impact development proposals, provide incentives for the use of pervious pavers and other low impact development measures. Required pervious areas shall include the following areas in order of priority:

1. Critical areas that require buffers;

2. Existing significant tree stands;

3. Native vegetation areas.

C. Native Vegetation Retention Areas: All projects with native vegetation areas shall retain the following minimum of the required pervious area in native soil and vegetation:

1. Ten (10) percent of the required pervious surface for nonresidential uses and multifamily; and

2. Thirty-five (35) percent of the required pervious surface for single family residential uses (see Chapter 18.13 IMC, Subdivisions, for requirements for platting).

D. Impervious Surfaces: The total impervious surface of a site shall be determined by adding the square footage of all the following areas:

1. Buildings: The footprint of the buildings and structures, except buildings with vegetated roofs or minimal excavation foundations as identified in the LID Technical Guidance Manual;

2. Parking: The gravel and paved parking areas and driveways;

3. Sidewalks: The gravel and paved pedestrian walkways, sidewalks and bike paths;

4. Recreation Facilities: Decks, patios, porches, tennis courts, sport courts, pools and other similar recreation facilities;

5. Recreation Areas: Gravel and paved picnic areas, pedestrian access and paved recreation areas;

6. Architectural Features:

a. Eighteen (18) Inches or Less: Eaves and overhangs which extend past the building footprint are permitted; however, overhangs which are eighteen (18) inches or less shall not be included as impervious surface.

b. Over Eighteen (18) Inches: Large overhangs which extend over eighteen (18) inches past the building footprint, such as cantilevered decks and other large roof extensions, shall be included in the impervious surface ratio calculation and shall not subtract the first eighteen (18) inches for the impervious surface ratio calculation. Large overhangs shall not be included as impervious if the underlying impervious surface is already being counted;

7. Stormwater Facilities: Open, uncovered stormwater retention/detention facilities shall not be considered as impervious surfaces for the purposes of this Code;

8. Miscellaneous: Any other structure or surface which prevents or retards the entry of water into the soil surface, or causes water to run off the surface in greater quantities or at an increased rate from present flow rate under natural conditions prior to development shall be considered an impervious surface. For purposes of this section, grass and sod are not considered impervious surfaces.

E. Impervious Surface Ratio: The impervious surface ratio is a measure of the proportion of the site occupied by impervious surfaces. The impervious surface ratio added to the pervious surface ratio equals one hundred (100) percent of the total gross site area. Gross site area includes any dedication for public right-of-way easement. Right-of-way dedications shall not be considered as impervious surface. Where possible, pervious surfaces should be consolidated or linked so that these areas can also function as usable open space.


Impervious Surface Ratio: =	All Impervious Surface (Acres)
	Gross Site Area (Acres)

F. Impervious Surface in the CBD Zone: Through-block pedestrian connections in the Cultural and Business District (CBD) zone shall not be considered as impervious surface for the purposes of calculating impervious surface ratios. (Ord. 2497 § 1, 2007; Ord. 2311 § 3, 2001; Ord. 2108 § 7.2.2, 1996).

18.07.060 Building height.

A. Purpose: The purpose of the building height standard is to balance lot size, building bulk, and open space area, and ensure compatibility of architectural character and scale with the surrounding area.

B. Measuring Height:

1. Nonshoreline Areas: Building or structure height shall be measured from the average grade of the existing or finished grade, whichever is lower, to the midpoint of the highest gable of a pitched or hipped roof with a minimum 4:12 pitch and a maximum of 12:12 pitch, or the highest point of the coping of a flat roof. All parts of the roof extending above the base building height shall be a minimum 4:12 pitch unless specifically excepted in IMC 18.07.060(B)(4). Gabled dormers may comprise no more than fifty (50) percent of the total roof area as measured in plan view. No portion of a shed roof shall extend above the base building height limit. An architectural feature may not be used to measure or establish building height.

2. Shoreline Areas: Building or structure height shall be measured from the average of the natural or existing topography of the portion of the lot under the building/structure.

3. Additional Height: In all zoning districts as established by the District Standards Table (IMC 18.07.360), building/structure heights may exceed the base height requirement if approval criteria are met, as established by Administrative Adjustment of Standards section (IMC 18.07.355(A)) for height up to and including fifty (50) feet and by IMC 18.07.355(B) and (C) for height adjustments over fifty (50) feet in all districts; and provided, that such provision shall not apply to areas of the zoning district governed by the Shoreline Master Program.

4. Height Exceptions: The following uses and features shall not be subject to height limitations and are not required to be reviewed through an Administrative Adjustment of Standards, provided they are necessary and architecturally integrated:

a. Water towers;

b. Power transmission towers;

c. Chimneys and smoke stacks to the minimum required by the Building Code;

d. Flag poles;

e. Wireless communication towers, including telescoping antenna (except those towers regulated in residential districts). See Table of Permitted Uses (IMC 18.06.130);

f. Scenery lofts and flytowers;

g. Mechanical penthouse or ornamental screening for rooftop heating, ventilating, and air conditioning equipment, and stair towers (to the minimum required by the Building Code);

h. Elevator shafts to the minimum required by Code;

i. Architectural pediments which do not provide additional floor space to a building/structure and other uses or features in which the increased height is necessary for proper building use or function. Approval of the additional height for architectural pediments and other uses or features shall be granted, provided all the following criteria are met:

(1) The height and bulk of architectural pediments are consistent with the scale and design of the building;

(2) The visual character of the building bulk and height are compatible and consistent with the surrounding area and the natural skyline of Issaquah;

(3) The adjustment of the height will be equal to or superior in fulfilling the purpose of the height requirements;

(4) The height shall not exceed the limitations of the Shoreline Management Program;

(5) If the wall plane of a building for which signage is proposed increases in height, the wall area used in determining the area of a sign shall not include the additional wall area of the architectural pediment or feature. The architectural pediment shall not be covered with any signage; and

(6) Buildings with architectural pediments shall not be required to provide any additional pervious surface for the additional height increase as a result of the use of such pediment(s). (Ord. 2447 § 37, 2005; Ord. 2228 § 3, 1999; Ord. 2108 § 7.2.3, 1996).

18.07.070 Density.

A. Purpose: The purpose of establishing maximum density provisions for residential development is to achieve consistency in development in the same zoning district as well as compatibility of scale between developments in adjoining zoning districts.

B. Density Calculation – Residential: Density is calculated as dwelling units per acre. Fractions below one-half (.5) should be rounded down and fractions one-half (.5) and above should be rounded up.

Density (DUs/Acre) = Number of Dwelling Units Per Acre

Base Site Area (Acres)

C. Density Calculation – Commercial, Industrial and Residential Mixed Use: Density for commercial, industrial and residential mixed use shall be limited by critical area constraints, impervious surface ratio, height, setbacks and other requirements established in the District Standards Table (IMC 18.07.360). (Ord. 2108 § 7.2.4, 1996).

18.07.080 Nonmotorized facilities.

A. Purpose: The purposes of requiring nonmotorized facilities including bicycle lanes, shared-use corridors and walkways within developments are to:

1. Increase safe nonmotorized access to and mobility through all parts of the City;

2. Help remove nonmotorized and vehicular movement conflicts; and

3. Support transportation options that contribute to reduced traffic congestion, improved transit connections, improved air quality, reduced fuel consumption and improved physical fitness.

B. Requirements: All new multifamily residential and nonresidential developments; or reconstruction of parking lots for multifamily residential and nonresidential developments; or remodels or changes of use greater than or equal to seventy-five (75) percent of structure value for multifamily residential and nonresidential developments shall provide nonmotorized facilities consistent with this section. These developments shall provide connections of required facilities with any existing public nonmotorized facility and/or provide a stub for future connection to any proposed public nonmotorized facility as documented in the Issaquah Comprehensive Plan, whether said connection is within the City or an adjacent jurisdiction. If none exist or are proposed in the immediate vicinity, the need for stubs for future connection to adjoining properties, if any, shall be determined by an evaluation of the land use designation and zoning and other relevant information by the permit official.

1. Pedestrian Facilities:

a. Sidewalks: Any required sidewalks in public rights-of-way shall be provided consistent with the adopted and/or amended “Issaquah Standards and Specifications: Streets and Related Work.”

b. Walkways: Barrier-free walkways providing the most direct route through a development shall be provided between public entrances and the nearest public sidewalk, trail, or shared use corridor.

(1) Walkway Connection Frequency: One walkway from a nonresidential or multifamily building to a public sidewalk is required in all instances with at least one (1) additional walkway required to the public sidewalk for each two hundred fifty (250) feet of street frontage.

(2) Multiple Building Walkway Systems: Developments containing more than one (1) building shall provide walkway systems that allow safe and efficient pedestrian circulation within the development. In addition to other requirements of this section, the walkway system shall:

(A) Link all public entrances of the buildings to each other and to the nearest public sidewalk, trail, or shared use corridor.

(B) Provide a perimeter walkway that is generally parallel to and continuous along all building facades with public entrances or associated landscaping areas.

(C) Connect at least one (1) walkway through the parking lot that is generally perpendicular to buildings and provides a walkway route between buildings in addition to perimeter walkways.

(D) In instances where building facades with any associated outdoor display and storage face the parking lot and exceed two hundred fifty (250) feet in length, provide an additional walkway through the parking lot for each increment of two hundred fifty (250) linear feet.

(E) Provide a continuous walkway on at least one (1) side of parking lot aisles that do not contain angle parking.

(F) Provide a continuous walkway on both sides of private roadways through a development that are not part of a parking lot.

(G) Not result in walkway dead ends that result in a pedestrian being unnecessarily required to cross a street or other vehicular area and/or take a circuitous route in order to resume travel on a walkway.

(3) Large Building Walkway Systems: Subsections (B)(1)(b)(2)(A), (B), (E), (F) and (G) of this section apply to individual buildings of fifteen thousand (15,000) square feet or greater in addition to other requirements of this section.

(4) Size: All walkways must be at least five (5) feet wide, excluding vehicular overhang, displays, and storage.

(5) Materials: All walkways must be composed of materials that are permanent and visually distinctive from parking lot paving. Said materials shall also be consistent with ADA access.

(6) Safety: All walkways must be physically separated from vehicular area by grade, landscaping strips, berms, barriers, curbs or similar means, provided in a manner that retains pedestrian visibility.

(7) Lighting: See IMC 18.07.107, Outdoor lighting, for minimum lighting requirements.

(8) Transit Access: A walkway connection to the public sidewalk must be made within one hundred fifty (150) feet of an adjacent bus stop.

c. Crosswalks: A crosswalk composed of materials that are permanent and visually distinctive from parking lot paving, including but not limited to materials or techniques such as concrete, aggregate, paving stones, and pavement imprinting, shall be required whenever a walkway crosses any driveway or paved area accessible to vehicles. Paint is not acceptable as a sole means of marking crosswalks.

d. Benches: Where a building entrance or entrances are more than two hundred fifty (250) feet from the public right-of-way, at least one (1) fixed bench or equivalent seating area shall be required near the midpoint along the private walkway.

2. Bicycle and Shared Use Nonmotorized Facilities:

a. Bicycle Lanes: Any required bicycle lanes in public rights-of-way shall be provided consistent with the adopted and/or amended “Issaquah Standards and Specifications: Streets and Related Work” and the Comprehensive Plan Bicycle and Shared Use Corridor Map.

b. Shared Use Corridors: All shared use corridors shall comply with all applicable requirements for walkways in subsection (B)(1)(b) of this section. Shared use corridors shall be marked with directional signs to indicate shared use in a manner consistent with IMC 18.11.170. Shared use corridors shall be at least ten (10) feet wide.

c. Bicycle Parking: Bicycle parking shall be provided consistent with IMC 18.09.030(I), Bicycle Parking.

3. Single Family Privacy: Nonmotorized facilities or trails on multifamily or commercial property must be located the maximum distance possible from adjacent single family property lines that will still allow meeting the other requirements of this chapter. In any case, a minimum setback of at least fifteen (15) feet from any adjacent single family property line is required. Landscaping shall be provided within the setback in accordance with the requirements of Chapter 18.12 IMC, Landscaping. All public trails required as a condition of site development shall be designed and built using the guidelines within the Comprehensive Plan.

C. Administrative Adjustment of Standards: An applicant may request an Administrative Adjustment to these standards as established in IMC 18.07.250 and reviewed by the criteria in IMC 18.07.350. These additional considerations may also be used in any AAS review:

1. Adjustment is necessary for compliance with historic requirements.

2. Adjustment is necessary to avoid encroachment into a critical area or preserve a significant natural feature such as a large tree.

3. Adjustment is supported by public dedication of nonmotorized facilities. (Ord. 2447 § 38, 2005; Ord. 2108 § 7.2.5, 1996).

18.07.081 Nonmotorized facilities in single family developments.

A. Purpose: The purposes of requiring nonmotorized facilities including bicycle lanes, shared use corridors and walkways within developments are to:

1. Increase safe nonmotorized access to and mobility through all parts of the City;

2. Help remove nonmotorized and vehicular movement conflicts; and

3. Support transportation options that contribute to reduced traffic congestion, improved transit connections, improved air quality, reduced fuel consumption and improved physical fitness.

B. Requirements: All new single family developments of two (2) or more lots shall provide for enhanced nonmotorized access and circulation by walkways, shared use paths and/or trails that use techniques such as linking cul-de-sacs, linking groups of buildings, and providing parallel routes which are permanent and recorded on plats and/or other required permit plans. The required nonmotorized facilities are off-road facilities in addition to any required sidewalks or bike lanes. The Planning Director shall have the authority to waive these requirements in full or in part when required nonmotorized access and circulation are determined to have limited opportunity for connection to other nonmotorized facilities or similar rationale.

1. Access: A required nonmotorized facility shall allow pedestrian access from within the development to activity centers, parks, common areas, open spaces, schools or other public facilities, transit stops, public streets and/or existing nonmotorized facilities in adjacent developments served by public streets. Stubs and/or routes for future connection may be required after an analysis of potential development on adjacent parcels and remaining opportunities to connect with collector and arterial streets.

2. Circulation: At least one (1) nonmotorized facility shall be required where block lengths are five hundred (500) feet or more or cul-de-sac lengths are five hundred (500) feet or more. Additional routes may be required to provide access as noted in subsection (B)(1) of this section.

3. Setback: Nonmotorized facilities must be located the maximum distance possible from residential buildings that will still allow meeting the other requirements of this chapter. Landscaping shall be provided within the setback in accordance with the requirements of Chapter 18.12 IMC, Landscaping.

4. Size: All nonmotorized facilities must be at least five (5) feet wide.

5. Crosswalks: Crosswalks or signage shall be provided where nonmotorized facilities cross streets in a manner consistent with the Issaquah Street Standards.

6. Comprehensive Plan Consistency: Where a proposed development coincides with locations and routes designated in the adopted Bicycle and Shared Use Corridor Map; nonmotorized facilities are required to be consistent with the plan in size, location, and function.

1. Adjustment is necessary for compliance with historic requirements.

2. Adjustment is necessary to avoid encroachment into a critical area or preserve a significant natural feature such as a large tree.

3. Adjustment is supported by public dedication of nonmotorized facilities. (Ord. 2447 § 39, 2005).

18.07.090 Bed and breakfast/guest house standards.

A. Purpose and Intent: The purpose and intent of requiring specific standards for bed and breakfast/guest house operations is to:

1. Ensure that the location and operation of the bed and breakfast/guest house operation is consistent with the existing character of the surrounding area in terms of appearance, traffic levels, and other development standards; and

2. Provide for the safety of guests and residents.

B. Applicability: The following standards shall apply to all bed and breakfast/guest house operations that are newly created or modified after the effective date of this Code. Bed and breakfast/guest house operations may be permitted as provided in the Table of Permitted Land Uses (IMC 18.06.130) or the home occupation regulations (IMC 18.07.470). A bed and breakfast/guest house operation that is proposed as a home occupation shall be required to meet the approval criteria for home occupations and the approval criteria for bed and breakfast/guest house operations.

C. Approval Criteria:

1. Annual Review: An annual review of a bed and breakfast/guest house operation may be a condition of approval and shall be done concurrently with the renewal of the Business License. This review by the Planning Director/Manager shall include an assessment of the operation to ensure compliance with the original approval criteria. If the review indicates that the operation is not being conducted according to the approval criteria, the renewal of the Business License shall be denied, or shall be approved only upon documentation that the approval criteria are met.

2. Bathroom Facilities: Separate toilet and shower facilities for the exclusive use of guests must be provided and shall not be shared with the owner or manager/proprietor.

3. Compliance with County and State Guidelines: The operation must comply with the most current Bed and Breakfast Guidelines as developed by the Washington State Environmental Health Directors and the King County Department of Public Health.

4. Deliveries: In residential zones, all business-related deliveries to the site shall be made between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday.

5. Dwelling unit:

a. Home Occupation: In a home occupation, the owner of the operation shall live on the premises.

b. Non-home Occupation: If the operation is not operated as a home occupation, the owner or proprietor/manager of the operation shall live on the premises.

6. Food Service:

a. Cooking facilities or cooking shall not be allowed in guest bedrooms;

b. No operation shall be allowed to prepare food for guests unless all applicable approvals have been issued by the King County Department of Public Health;

c. Food shall not be sold to nonguests, unless the operation is located in a zoning district which permits restaurant facilities and the owner of the operation acquires the required permits and licenses for a restaurant facility;

d. Breakfast shall be the only meal provided to guests, unless the operation has received the required permits and approvals for a restaurant facility;

e. Alcoholic beverages shall not be sold to guests or nonguests, unless associated with a restaurant facility and the proper permits and liquor licensing have been obtained.

7. Fire and Safety Regulations: No operation shall be permitted which has not received approval from the Fire Department for compliance with all applicable fire and safety regulations.

8. Parking: Parking shall be required as established in the Table of Off-Street Parking Standards, (IMC 18.09.050). Where possible, required parking shall be located on-site, and to the side or rear of the operation. Flexible parking standards may be considered, especially in residential areas, in order to be consistent with the residential character, as parking for the operation must be designed not to have adverse impacts on the neighborhood. Parking area landscaping shall be provided in accordance with the City’s adopted landscape regulations.

9. Refuse/Recycling: Commercial-type refuse/recycling enclosure does not provide appropriate screening for a residential area; therefore, in residential zones, the refuse/recycling area shall be designed and screened so that there is no adverse impact to the neighborhood. In zones that are not residential, the operation shall abide by the regulations for refuse/recycling areas (available at the Permit Center).

10. Signs:

a. Home Occupation and/or Residential Zones: A bed and breakfast operation as a home occupation, or located in a residential zoning district, shall be allowed a sign up to two (2) square feet, containing only the name of the proprietor or the name of the residence, and shall meet the other sign/nameplate approval criteria as listed in the home occupation approval criteria (IMC 18.07.470);

b. Nonresidential Zones/Nonhome Occupation: A bed and breakfast operation which is not located in a residential zone, or operated as a home occupation, shall be permitted to have

a sign as established under the City sign regulations (Chapter 18.11 IMC). (Ord. 2108 § 7.2.6, 1996).

18.07.100 Day care operation and adult family home standards.

A. Purpose and Intent: By incorporating the requirements of state law for those day care operations that are licensed by the state into these regulations, the City intends to ensure compliance to the greatest extent allowed by law. The purpose and intent of requiring specific standards for day care operations is to:

1. Encourage the location and operation of day care operations and adult family homes throughout the City while maintaining the compatibility of the use with adjoining properties and uses;

2. Regulate the location and maintain standards of day care operations and adult family homes in order to protect the health, safety and welfare of children, disabled adults, employees and the community; and

3. Provide the opportunity for various forms and sizes of day care operations throughout the City, including but not limited to: day care centers and family day care centers including preschool and adult care operations.

B. Applicability: Day care operations, as defined in IMC 18.02.060, may be permitted as established in the Table of Permitted Land Uses (IMC 18.06.130). Family day care centers shall meet the approval criteria for home occupations and be subject to the requirements of subsection (C)(2) of this section. Adult family homes shall be subject to the requirements of subsection D of this section.

C. Categories of Day Care Operations:

1. Day Care Center: An operation licensed by the state (Chapter 74.15 RCW) providing regularly scheduled care for children or developmentally or physically disabled adults for a period of less than twenty-four (24) hours.

2. Family Day Care Center: A state-licensed (Chapter 74.15 RCW) operation located in the family residence that provides regularly scheduled temporary care for twelve (12) or fewer children or six (6) or fewer developmentally or physically disabled adults, including those children or adults who reside in the home.

D. Adult Family Home: A licensed provider that (1) is licensed by the state as an adult family home under RCW 70.128.060, and (2) regularly provides care, in the provider’s home, to more than one (1) but not more than four (4) adults who are not related by blood or marriage to the persons providing the services, except that a maximum of six (6) adults may be permitted by the State of Washington Department of Social and Health Services (DSHS). The maximum number of adults on the premises for the entire adult family home shall not be greater than the DSHS regulations and building and occupancy requirements.

E. Review Required: Family day care centers are subject to review by the state during the state licensing procedure and shall be reviewed as established in the Table of Permitted Home Occupations (IMC 18.07.470). Day care centers, established outside the residence as a primary or accessory use, shall be reviewed through the appropriate level of review as established in the Table of Permitted Land Uses (IMC 18.06.130).

F. Approval Criteria: The following approval criteria shall apply to day care operations:

1. Day Care Centers:

a. Access: An on-site vehicle turnaround or separate entrance and exit points, and passenger loading area shall be provided. The City shall specifically consider the location and appearance of the proposed turnaround or access in determining compatibility with surrounding uses.

b. Business License: A City Business License shall be obtained.

c. Licensing: Every day care center shall abide by all DSHS rules and regulations and receive all necessary permits or approvals.

d. Community or Religious Facilities: Day care centers are appropriate as accessory uses within new or existing religious facilities or community facilities, such as a community center, library or similar facility, if all approval criteria within this section are met. Any new construction or remodeling of a religious facility or community facility to include day care center services shall be reviewed, as established (Chapter 18.04 IMC).

e. Conditions/Compatible with Area: Every day care center shall be compatible with the surrounding land uses. The City may require conditions of approval through the review of the proposed operation, including the hours of operation, in order to ensure compatibility with the surrounding land uses. In cases where conflicting rules and regulations apply to a proposed operation, the DSHS rules shall apply.

f. Fencing Required: All outdoor play areas shall be entirely enclosed with a solid wall or fence a minimum of six (6) feet in height, with gated openings only.

g. Fire Inspection: The operation shall be inspected by the City Fire Department, and the operator shall implement all required corrective measures within the stated time period.

h. Inspection for Compliance: The operator must grant the City permission to enter the property, and inspect the operation for compliance with the requirements of the Code and other applicable City regulations.

i. Parking: Parking requirements shall be determined for day care centers, as established in the Table of Off-Street Parking Standards (IMC 18.09.050).

j. Safety and Welfare: Every day care center shall ensure the safety and welfare of the attendees using those services, while under the care and supervision of the staff and/or owners of such establishment.

k. Signs:

(1) Residential Zones: Day care centers located in a residential zoning district shall be allowed a sign up to two (2) square feet, containing only the name of the proprietor or the name of the residence, and shall meet the other sign/nameplate approval criteria as listed in the home occupation approval criteria as established (IMC 18.07.470);

(2) Nonresidential Zones/Nonhome Occupation: Day care centers which are not located in a residential zone shall be permitted to have a sign as established (Chapter 18.11 IMC).

2. Family Day Care Centers: See IMC 18.07.470, Home occupations.

G. Temporary/Special Event Day Care Operation: Temporary day care operations, for example, as an accessory to a festival or concert, may be permitted through the approval of a Special Events Permit. Approval criteria include:

1. Conditions: The City may require operation conditions including the hours of operation, in order to ensure compatibility with the surrounding land uses; and

2. Safety and Welfare: Every temporary day care operation shall ensure the safety and welfare of the children using those services while under the care and supervision of the staff and/or owners of such establishment. (Ord. 2405 § 12, 2004; Ord. 2301 § 2, 2001; Ord. 2108 § 7.2.7, 1996).

18.07.105 Essential public facilities.

A. Purpose and Intent: It is the purpose and intent of this section to provide a process for identifying and siting various types of essential public facilities as defined in IMC 18.02.080 and as required by RCW 36.70A.200.

B. Exemptions: Maintenance, repair or replacement of elements of an existing essential public facility are exempt from the supplemental development standards established herein and from the review procedures established in Chapters 18.03 and 18.04 IMC. However, these proposals are subject to other land use development regulations within the City’s adopted regulations, such as the Shoreline Master Program and critical areas regulations.

C. Review Required: Essential public facilities are subject to the review procedures identified in the Table of Permitted Land Uses (IMC 18.06.130).

D. General Approval Criteria: Essential public facilities shall be approved when the following approval criteria are met:

1. Architectural Form and Character: A building which houses all or most of an essential public facility shall be compatible with the architectural form and design of surrounding buildings and in accordance with the standards of Appendix 2, the design criteria checklist, of this chapter.

2. Development Standards: All buildings and structures shall conform to the design criteria of the underlying zoning district as established in IMC 18.07.360, District Standards Table.

3. Residential Areas: Essential public facilities shall, whenever possible, be located and designed to minimize adverse impacts on nearby residential areas.

E. Approval Criteria – State/Regional Transportation Facilities: In addition to the approval criteria established in subsection (D) of this section, state and regional transportation facilities are subject to those regulations established in RCW Title 47.

F. Approval Criteria – Secure Community Transition Facilities: In addition to the approval criteria established in subsection (D) of this section, secure community transition facilities (SCTFs) are subject to those regulations established and enforced by Washington State in Chapter 71.09 RCW, and must further meet the following approval criteria:

1. At the time of application submittal, the state shall provide a listing of all locations considered for the SCTF and an explanation of why all sites are or are not appropriate.

2. Facility Size: The maximum size of any SCTF is fifteen (15) beds. The number of beds within a facility, after the facility is operating, shall not increase without going through the Level 4 process.

3. Screening: The periphery of the entire site devoted to the SCTF shall be screened year-round with opaque screening no less than six (6) feet in height from grade. When evergreen plantings are used, the plantings must be six (6) feet from grade at the time of planting and must be maintained by the property owner.

4. Security and Operating Procedures: Prior to issuance of a Certificate of Occupancy, the state and the City of Issaquah shall enter into a long-term agreement regarding security and operating procedures of the facility. The agreement may be amended at the request of either the state or the City, when necessary.

5. Location: A SCTF shall not be permitted to locate adjacent to, across the street from or within sight distance of risk potential activities/facilities defined in IMC 18.02.200.

6. Variance from Separation Requirements: Variances from the separation requirements from risk potential activities/sites defined in IMC 18.02.200 shall be granted if the applicant demonstrates that all of the following criteria are met:

a. The natural physical features of the land would result in an effective separation between the proposed SCTF and the protected use in terms of visibility and access;

b. The proposed SCTF is otherwise compatible with adjacent and surrounding land uses;

c. There is a lack of alternative locations for the proposed SCTF; and

d. The applicant has proposed conditions that would minimize the adverse secondary effects of the proposed SCTF.

7. Application of Separation Requirements to Lawfully Located Secure Community Transition Facility: A risk potential activity/site defined in IMC 18.02.200 shall not benefit from the separation requirements of this section if the risk potential activity/facility chooses to locate within five hundred (500) feet of a lawfully located and licensed SCTF. A SCTF is lawfully located if it has located within the City in accordance with the requirements of this section. (Ord. 2345 § 6, 2002).

18.07.107 Outdoor lighting.

A. Purpose and Intent: This section is established to:

1. Protect adjacent uses, natural areas, pedestrians, and/or vehicular traffic from excessive spillover light and glare generated by exterior building and/or site lighting;

2. Promote energy conservation; and

3. Help provide and/or allow adequate lighting for public safety purposes.

A.1 Purpose and Intent Illustrated: Public areas have adequate lighting that is directed downward with shields; does not create glare, and does not create excessive spillover off-site.

B. Applicability: The requirements of this section shall apply to all outdoor lighting associated with new construction or for changes to existing uses that are greater than or equal to seventy-five (75) percent of structure value consistent with the provisions of Chapter 18.08 IMC. These requirements do not apply to residential properties, with the exception of planned community and multifamily development common areas as defined herein in which case the standards apply as stated. Examples of such common areas include, but are not limited to, pathways, clubhouses, shared driveways, and

parking lots. Exceptions to these provisions are noted in subsection (K) of this section. Lighting in the public right-of-way is addressed by Chapter 12.04 IMC, Street Standards, and lighting associated with signage is addressed by Chapter 18.11 IMC, Signs.

C. Nonconforming Situations: Regulated lighting approved prior to the adoption of this chapter which is not in conformity with the provisions of this chapter is subject to the provisions of Chapter 18.08 IMC, Nonconforming Situations.

D. Submittal Requirements:

1. Lighting Plan: In order to determine compliance with the provisions of this chapter, a separate exterior lighting plan shall be submitted with all development proposals as required by subsection (B) of this section. This plan shall be consistent with the administrative requirements of the City of Issaquah. The plan shall include, but is not limited to, identification of specific lighting areas as required by this chapter, lighting type, intensity, spacing, height of light fixtures, and provisions to minimize glare and light spillover onto nearby properties.

E. Standards: Unless otherwise noted, outdoor lighting shall comply with the following standards:

Table 18.07.107.E1 Outdoor Lighting Standards
Standards	Light Zones Based on Comprehensive Plan Land Use Designation
Standards	Conservancy TP-NCRA & C‑REC	Low Density Residential/ Multifamily Residential C-RES, SF-E, SF-S, SF-D, SF-SL, MF-M, MUR, MF‑H	Commercial Retail/Office CBD, R, PO, IC, M	Community Facilities CF-OS, CF-R, CF-F
Maximum Exterior Lighting Level	2 footcandles; for all sites except as provided in IMC 18.07.107(E)(4)	5 footcandles for all non-residential uses and multifamily common areas for all sites except as provided in IMC 18.07.107(E)(4)	5 footcandles for all sites except as provided in IMC 18.07.107(E)(4)	5 footcandles for all sites except as provided in IMC 18.07.107(E)(4)
Minimum Public Area Lighting	In public areas and common areas as defined herein, a minimum of 0.3 footcandles shall be provided. For minimum lighting in areas other than designated public areas and common areas see IMC 18.07.107(J), Security Lighting.
Light Spillover Limit (at all property lines and/or project boundaries of the applicable site)	0.3 footcandles	0.3 footcandles	0.8 footcandles	0.8 footcandles
Critical Area Light Spillover Limit (in any district)	To avoid unintended light impacts to environmentally critical areas regulated in Chapter 18.10 IMC; light spillover is limited to 0.3 footcandles in any district at the beginning boundary of any required critical area buffer so that light diminishes further toward the applicable critical area.
Maximum Public Area Uniformity Ratio	15:1	15:1	15:1	15:1
Full Cutoff Fixtures	Full cutoff fixtures are required for all lighting except for: a) cutoff or semicutoff fixtures of 1,250 lumens or less, b) unshielded fixtures of 900 lumens or less, c) neon accents consistent with Chapter 18.07 IMC, Required Development and Design Standards; Appendix 2 “Green Sheets” and Chapter 18.11 IMC, Signs, and d) where a specific exception has been noted elsewhere within this chapter or the adopted Olde Town Design Standards.
Maximum Height of Lighting Poles from Grade	14 feet	14 feet; 12 feet for open top decks of parking structures	30 feet if site is 5 acres or larger; 25 feet for sites less than 5 acres; 14 feet for fixtures within 100 feet of residential districts or in areas subject to Olde Town Design Standards; 12 feet for open top decks of parking structures	20 feet; 14 feet for fixtures within 100 feet of residential districts or in areas subject to Olde Town Design Standards; 12 feet for open top decks of parking structures; Outdoor Recreation: See IMC 18.07.107(I)

2. Lighting Fixture Aiming: All light fixtures shall be permanently fixed in position and aimed directly downward with light perpendicular to grade and the lighting fixture base approximately parallel to grade for the level portions of the site with the exception of accent lighting and security lighting as provided for elsewhere in this chapter.

3. Light Fixture Style and Design: Certain elements of light fixture design, such as the color, design, and/or architectural features and style of light fixtures and associated posts as well as the color of light emitted are subject to design review consistent with this chapter; Appendix 2 “Green Sheets” and, where applicable, the adopted Olde Town Design Standards.

4. Alternate Maximum Exterior Lighting Levels: To provide an increased lighting allowance for specific applications and/or uses where the primary customer and/or user activity regularly takes place outdoors during dark hours; the following alternate maximum exterior lighting levels are allowed:

a. Activity Areas: Ten (10) footcandles maximum in activity areas as defined herein when such areas are in active dark hour use and the tasks conducted require enhanced visibility. At all other times the general maximum stated in Table 18.07.107.E1 shall apply.

b. Automated Teller Machine (ATM) and Night Deposit Areas: Ten (10) footcandles maximum in a manner consistent with Chapter 19.174 RCW, Automated Teller Machines and Night Depositories Security.

c. Auto and Truck Sales Areas: Twenty (20) footcandles maximum for outdoor auto and truck sales areas; provided, that such areas are clearly identified on the proposed site plan and do not include those portions of the site not used for sales. The increased lighting allowance shall not apply to an entire parking lot or site for an auto or truck dealership.

d. Bus Boarding Platforms: Ten (10) footcandles maximum for outdoor boarding platforms or similar rider waiting area; provided, that such platform or area is clearly identified on the proposed site plan and does not include the entire parking lot or site for a bus station, park and ride, transit center, or similar facility.

e. Gas Station Fueling Areas: Twenty (20) footcandles maximum for gas station fueling areas, whether open air or under a canopy provided such areas are clearly identified on the proposed site plan and do not include those portions of the site not used for customer fueling.

f. Outdoor Recreation: See subsection (I) of this section.

5. Parking Lot Lights and Trees: Parking lot light fixtures and poles shall be located so that trees within the parking lot do not obscure the operation of the light fixture.

F. Prohibitions: The following lighting conditions and/or types are prohibited:

1. Warning and Emergency Light Similarity: To help ensure public safety, any lighting that may be confused with warning signals, emergency signals, or traffic signals shall be prohibited.

2. Color Distortion: To allow enhanced visual identification associated with public safety and improved aesthetic enjoyment of the urban environment during dark hours; mercury, low pressure sodium, laser, or other light sources that can impede or distort the perception of actual colors shall be prohibited in public areas as defined in this chapter.

3. Blinking and Flashing: Blinking, flashing, intermittent, and/or moving lights shall be prohibited unless specifically allowed elsewhere in the Issaquah Municipal Code.

4. Prohibited Signs and Devices: Any lights or lighting devices contained within IMC 18.11.480, Listing of specifically prohibited signs and devices, shall be prohibited.

G. Accent Lighting:

1. Accent Lighting: To ensure that lighting fixtures used to accent building facades, architectural features, landscaping, public art, or flags, where consistent with Chapter 18.11 IMC, do not create glare or waste energy by being improperly directed the following provisions apply:

a. Location: Accent lighting fixtures shall be located as close to the object intended for illumination as possible to achieve the intended lighting effect in a safe manner. For buildings such lighting shall be mounted as flush to the wall intended for illumination as possible. For merchandise displays adjacent to buildings, walkways, or other site elements adjacent to buildings, such lighting shall be mounted as flush to the adjacent wall as possible.

b. Direction: Accent lighting fixtures shall be aimed and fully shielded so that light is directed only on those features intended for illumination. Such fixtures shall not be located in a manner that creates glare for pedestrians and/or motorists on the subject site or in public right-of-way or for any adjacent properties. Mechanisms shall be used to permanently lock the angle of the fixture in place once it is properly aimed to avoid subsequent disturbance by routine maintenance activities such as groundskeeping. For objects other than buildings, the light shall be confined from projecting into the sky to the fullest extent feasible. For building facades, the light shall be confined from projecting into the sky by full direction on intended walls and/or by eaves, roofs, overhangs, or similar architectural features. Unshielded neon tubes may be permitted subject to architectural and sign code review.

c. Limit: Accent lighting that is measurable at the ground level immediately adjacent to the object being illuminated shall be subject to the maximum allowable light levels. Fixtures used for upward accent lighting shall not exceed nine hundred (900) lumens. All other fixtures used for accent lighting shall be aimed downward.

d. I-90 Frontage: To prevent glare and/or distraction to motorists and to reduce the commercial appearance of Issaquah freeway frontage; accent lighting is prohibited on those portions of a building or on objects located parallel and/or adjacent to Interstate-90 right-of-way, including on-ramps and off-ramps, where the building elevation is not the primary building elevation consistent with sign prohibitions in IMC 18.11.480.

H. Canopy Lighting (including Gas Stations): To ensure that lighting fixtures and sources mounted to canopies do not create glare and are not visible in any manner that may create a distraction to motorists, the following standards apply:

1. Fixtures: All light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the underside (interior ceiling) of the canopy. When a full cut-off fixture is used, it may project below the underside of the canopy but may not project below the lower edge of the canopy. All light emitted by an under-canopy fixture shall be confined to the ground surface directly beneath the perimeter of the canopy. Lighting levels shall be consistent with the restrictions of subsection (E) of this section. In all cases canopy light shall be shielded so that light is restrained to eighty-five (85) degrees or less from vertical. (See figure H.1.a below, entitled “Recessed Fixture.”)

Figure H.1.a Recessed Fixture

2. Other Lighting: Lights shall not be mounted on the top or sides of the canopy. The top or sides of the canopy shall not be illuminated in a manner other than that prescribed under Chapter 18.11 IMC, Signs.

I. Lighting of Outdoor Performance, Sport and Recreation Facilities and Playfields: To allow the higher lighting levels needed to engage in various outdoor recreation activities at night while still ensuring that such light is shielded and reduced to the greatest extent feasible, the following standards apply:

1. Lighting Levels: Lighting levels for outdoor performance areas, sport and recreation facilities, and playfields shall not exceed by more than five (5) percent the Illuminating Engineering Society of North America (IESNA) published standards for the proposed activity.

2. Lighting Fixtures: Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be mounted, aimed and shielded so that their beams fall within the primary playing area and immediate surroundings, and so that no direct illumination is directed off the site.

3. Event Lighting: The main lighting shall be turned off as soon as possible following the end of the event and at no time longer than thirty (30) minutes following the end of the event. A low level lighting system shall be used to facilitate patrons leaving the facility, cleanup, nighttime maintenance and other closing activities. The low level lighting system shall not exceed the maximum exterior lighting level for the location as determined by Table 18.07.107.E1, Outdoor Lighting Standards.

J. Security Lighting: To help ensure a minimal amount of lighting in activity areas as defined in this chapter; to provide allowance for common types of security lighting fixtures elsewhere when desired; and to prevent glare from such lights when exceeding certain light levels, the following provisions apply:

1. Limit: Unshielded lighting fixtures emitting up to one thousand two hundred (1,200) lumens may be used for security purposes when only activated by motion sensor for durations of five (5) minutes or less and located in areas not visible to common areas or public areas. All other security fixtures shall be fully shielded. All other limits and provisions of this chapter still apply.

2. Sensitivity: The motion sensors shall not be activated by off-site movement.

3. Direction: The lighting fixtures shall be aimed downward and located in a manner to prevent glare and off-site light spillover.

4. Activity Areas: Activity areas as defined in this chapter such as loading docks and employee-only entrances are not required to be continually illuminated, but shall, at a minimum, be illuminated by motion sensor lighting fixtures meeting the minimum lighting level standard of this chapter to assist in public safety purposes.

K. Exceptions: To allow for reasonable use of certain specific lighting types which by necessity and/or customary usage may not comply with all provisions of this chapter, the following lighting types are exempt from the standards of this chapter:

1. Public Safety: Lighting necessary for aviation safety, emergency equipment, work conducted in the interests of law enforcement, and/or other public services for the safety, health, or welfare of the community.

2. Construction Activity: Temporary lighting associated with construction activity is subject only to the provisions of the Washington State Environmental Policy Act (SEPA) or other applicable provisions of state law and/or the Issaquah Municipal Code.

3. Special Event Lighting: Lighting for a special event permitted by Chapter 5.14 IMC. This exemption does not however remove any authority to limit lighting for a special event consistent with the provisions of Chapter 5.14 IMC. Any lights or lighting devices contained within IMC 18.11.480, Listing of specifically prohibited signs and devices, shall be prohibited.

4. Ornamental Lighting: Twelve (12) volt or less ornamental landscape lighting fixtures.

5. Strings of Lights: Unshielded strings of lights such as those used for outdoor dining and patios are permitted in pedestrian walkways, plazas, patios, outdoor dining areas, and/or primary building entries; provided, that they are part of a City approved plan and do not exceed output of fifty (50) lumens per bulb.

6. Holiday Lights: Temporary lighting displays, for durations of seventy-eight (78) days or less, typically associated with the holidays taking place from November 15th through January 31st of the following year. Displays determined to have the characteristics of a sign may be subject to the provisions and/or prohibitions of Chapter 18.11 IMC. Holiday light displays with potential traffic or other environmental impacts may require a special event permit consistent with Chapter 5.14 IMC.

L. Variances: Any variance request to these standards shall be reviewed in accordance with the Chapter 18.04 IMC, Procedures.

M. Lighting Technical Terms Not Defined: Any technical lighting term not defined within the Land Use Code shall be defined by the IESNA Lighting Handbook or derivative IESNA publication. (Ord. 2462 § 21, 2006; Ord. 2383 § 4, 2004).

Accessory Structures

18.07.110 Accessory structures – Uninhabitable.

A. Purpose: The purpose of standards for accessory structures is to ensure that these structures are compatible in character and scale with the principal structure and development on adjacent properties.

B. Approval Criteria: Accessory buildings shall meet all of the following approval criteria:

1. Height: Detached accessory buildings in residential districts shall not exceed one (1) story in height and shall not exceed fifteen (15) feet.

2. Building Permit: Any building that has a floor area that exceeds two hundred (200) square feet requires a Building Permit.

3. Front Setback: Accessory buildings are not permitted in the front setback area.

4. Setbacks:

a. Accessory buildings shall comply with the side and rear setbacks required for the principal building;

b. Accessory buildings shall include a six (6) foot setback from the principal building;

c. A detached accessory building can be built within the side setback or rear setback provided a written mutual agreement of the abutting property owners of the property lines affected is recorded with the King County Division of Records and Elections and filed with the City Clerk. However, no accessory structure may be within ten (10) feet of a street right-of-way, access easement or private road;

d. No accessory structure on a corner lot will be located closer to a street than the primary building of an abutting property.

5. Impervious Surface: The square footage of the accessory building/structure shall be included in the impervious surface calculation for the lot.

6. Utility Sheds/Buildings or Greenhouses: Utility sheds/buildings and greenhouses must meet accessory structure setback requirements.

7. Mechanical Equipment, Permanent: Permanent mechanical equipment such as but not limited to air conditioner units, air compressors, and heat pumps must meet accessory structure setback requirements.

8. Satellite Dish Antennae: Satellite dish antennae for commercial or residential use require a Mechanical Permit. In addition, satellite dish antennae must meet accessory structure setback requirements and are subject to the screening requirements for mechanical equipment.

9. Retaining Walls and Rockeries: Retaining walls or rockeries over four (4) feet in height at any point, measured from the bottom of the footing to the top of the wall, require a Building Permit. The surface grade of any artificially filled area above a retaining wall shall be level from the top of the retaining wall to a distance equaling one (1) foot for every one (1) foot in height of the retaining wall.

a. Retaining walls used solely to raise the grade of a lot may only be placed in any required setback when limited to six (6) feet in height, measured from the existing grade.

b. Retaining walls created above an existing retaining wall and less than four (4) feet in height shall be set back one (1) foot for every one (1) foot in height of the existing retaining wall. Retaining walls created above an existing retaining wall and greater than four (4) feet in height shall be regulated by the International Building Code.

c. Rockeries and retaining walls greater than six (6) feet in height shall have a three (3) foot guardrail or fence at the top.

d. Rockeries or retaining walls used to protect a cut into an existing grade, within the required setback, may not exceed the greater of the minimum height necessary to support the cut, or six (6) feet.

e. Rockeries or retaining walls within the required setback greater than six (6) feet in height must be set back from the property line by one and one-half (1.5) feet for every one (1) foot over the six (6) foot height limit.

10. Decks, Porches, Patios, Walkways and Other Minor Structural Elements: Minor structural elements that equal or exceed thirty (30) inches above finished grade require a Building Permit. The location of driveways on a lot is regulated by the City’s adopted street standards. Heat pumps are regulated by the International Building Code. Minor structural elements, such as decks, porches and patios, may intrude into a required setback as follows:

a. Any portion of a minor structural element which equals or exceeds thirty (30) inches above finished grade at the setback location may intrude into a required setback a distance no greater than twenty (20) percent of that setback, keeping at least five (5) feet of undisturbed setback.

b. Any portion of a minor structural element which is less than thirty (30) inches above finished grade at the setback location may extend within three (3) feet of the side or rear lot line.

11. Accessibility Ramps: Ramps required for barrier free access, and meeting all Building Code requirements including slope and handrails, may intrude into required setbacks. The exemption will be limited to the extent necessary to meet the Building Code requirements.

12. Easements: Accessory structures are not permitted in public utility or access easements. (Ord. 2405 § 16, 2004; Ord. 2388 § 12, 2004; Ord. 2305 § 4, 2001; Ord. 2301 § 2, 2001; Ord. 2280 § 15, 2000; Ord. 2108 § 7.2.8, 1996).

18.07.120 Fences.

A. Review Required: A development proposal for a fence as part of a new commercial, mixed use or multifamily project is reviewed with the development proposal as governed by the Table of Permitted Land Uses (IMC 18.06.130). A proposal for a fence as an accessory structure to an existing commercial, mixed use or multifamily project, or a fence over six (6) feet in height to a single family home or duplex, is reviewed as governed by the Level 0 Review process (Chapter 18.04 IMC); fences for single family homes and duplexes do not require review unless the proposed fence is over six (6) feet in height.

B. Height:

1. Conservancy Recreation and Residential Districts: Fences up to six (6) feet in height are permitted in the TP-NRCA, C-Rec and Residential Districts. Fences installed by a utility for major or minor utility facilities may be up to eight (8) feet in height.

2. Commercial and Industrial Districts: Fences eight (8) feet in height are permitted in commercial and industrial districts.

3. Front Setback: Fences and walls four (4) feet or less in height may be erected in any required front setback.

4. Side or Rear Setback: Fences and walls six (6) feet or less in height may be erected in any required side or rear setback.

5. Building Permit Required: A Building Permit is required for any fence over six (6) feet in height.

6. Measurement: The height of a fence or wall shall be measured from whichever side the finished grade is higher.

a. The total height of a fence constructed on a berm (fence height plus berm height) cannot exceed the maximum height of ten (10) feet if the berm was not present. Under this provision, a berm includes a rockery or revetment.

b. If a property owner’s fence would exceed ten (10) feet because of an existing berm, the property owner may add one (1) foot of fence height for each one and one-half (1.5) feet within the property line within which the fence is built. The intent of this provision is to allow a property owner to have a six (6) foot fence in the back yard without unduly blocking the adjacent property owner’s yard. If a fence is placed any distance within the property line, the property owner continues to be responsible for his/her property on both sides of the fence. (See Chapter 18.07 IMC, Appendix 1, for diagram).

C. Preferred Materials: Wood, brick, stucco, or wrought iron are preferred fencing materials when along property side visible to the public or abutting property owners. Hedge or impenetrable landscape may be substituted for fencing, but height restrictions do not apply. Chain link fence, with landscape screening, is appropriate around major and minor utility facilities and may be appropriate in commercial and industrial districts. Screening of chain link fences ensures a compatible transition between abutting land uses and shall be effective during both winter and summer.

D. Electric Fences: Electric fences are not permitted in any district except where additional fencing or other barriers prevent access to the electric fence by small children.

E. Barbed Wire Fences: Barbed wire fences may be used only in the following situations:

1. At the top of a six (6) foot high solid or chain link fence in commercial or industrial zoned districts; or

2. To protect and contain permitted agricultural animals, such as horses or llamas; or

3. At the top of a solid or chain link fence around a major or minor electrical utility facility.

F. Hazardous Traffic Situation: No fence or planting may materially obstruct traffic visibility at street intersections or create a hazardous traffic situation, as required by the City’s adopted street standards.

G. Easements: Fences on public utility or access easements shall not interfere with access or utility appurtenances. The Public Works Operations and Maintenance Department shall approve all fences on public utility or access easements prior to installation.

H. On Top of Retaining Walls and Rockeries: Retaining walls and rockeries greater than six (6) feet shall require a three (3) foot high guardrail or fence along the top of the retaining wall or rockery. The combined height of the retaining wall and fence may not exceed ten (10) feet. If the combined height would exceed ten (10) feet, the property owner may add one (1) foot of fence height for each one and one-half (1.5) feet within the property line within which the fence is built. The intent of this provision is to allow a property owner to have a six (6) foot fence in the back yard without unduly blocking the adjacent property owner’s yard. If a fence is placed any distance within the property line, the property owner continues to be responsible for his/her property on both sides of the fence. (See Chapter 18.07 IMC, Appendix 1, for diagram). (Ord. 2388 § 13, 2004; Ord. 2305 § 4, 2001; Ord. 2301 § 2, 2001; Ord. 2108 § 7.2.9, 1996).

18.07.130 Trash and recycling enclosures.

Guidelines for design and construction of dumpster enclosures are available at the Permit Center. (Ord. 2108 § 7.2.10, 1996).

18.07.135 Mechanical screening and noise control.

A. Mechanical equipment including, but not limited to, HVAC, electrical transformer vaults, and satellite dishes must be significantly screened. Screening of ground-mounted equipment shall be through appropriate fencing, landscaping, or a combination of the two. The screening shall be effective in both winter and summer. Rooftop equipment shall be screened in a manner and material that is architecturally compatible with the building. Examples of appropriate screening include, but are not limited to, lattices, parapet walls or rooftop plantings.

B. Noise: No mechanical equipment shall be operated so as to produce noise in levels above forty-five (45) decibels (dB) as measured from the nearest property line of the parcel on which the equipment is located. Manufacturer’s specifications may be required to be submitted to the Planning Department prior to issuance of the Building Permit. Verification that the maximum level is not being exceeded may also be required after construction, but prior to issuance of a certificate of occupancy. (Ord. 2462 § 22, 2006; Ord. 2301 § 2, 2001).

Nuisance/Safety

18.07.140 Animals – Maintenance of agricultural animals in residential district.

No livestock, bees, or other agricultural animals shall be kept outdoors in residential zoning districts unless all of the following approval criteria are met:

A. Minimum lot size is thirty-five thousand (35,000) square feet; and

B. No structure to house the animal(s) or bees is within twenty-five (25) feet of a property line; and

C. The animal(s) is kept within a fenced area. The fenced area shall be no closer than twenty-five (25) feet to adjacent property lines;

D. Lot Size/Number of Animals: Given the following land area, either on one (1) lot or a combination of adjacent lots within one (1) ownership, the following agricultural animals may be kept:

1. Thirty-Five Thousand (35,000) Square Feet to Less Than Two and One-Half (2.5) Acre Lot Area:

a. Horses or Llamas: Not to exceed one (1) animal per one and two-tenths (1.2) acre of area available for the animal’s occupancy; and

b. Cattle or Mules: One (1) animal per one-half (.5) acre of area available for the animal’s occupancy; and

c. Chickens, Rabbits or Squab: Seven (7) animals per one-half (.5) acre.

2. Two and One-Half (2.5) Acres or More of Lot Area:

a. Horses or Llamas: Not to exceed one (1) animal per one and two-tenths (1.2) acre of area available for the animal’s occupancy; and

b. Cattle or Mules: One (1) animal per one-half (.5) acre of area available for the animal’s occupancy; and

c. Chickens, Rabbits or Squab: Fifteen (15) total animals per acre; and

d. Sheep, goats, turkeys, ducks, or geese at a ratio of five (5) total animals per acre of area available for the animal’s occupancy (for example, on a three (3) acre site of area available for the animal’s occupancy, the following combinations of “Five (5) total animals per acre of area available for the animal’s occupancy” is possible: fifteen (15) total = ten (10) sheep, two (2) goats, one (1) turkey and two (2) ducks, or fifteen (15) total = fifteen (15) sheep only). (Ord. 2108 § 7.2.11.1, 1996).

18.07.150 Animals – Minimum standards for all animals.

The animal(s) is kept in such a manner that meets all of the following minimum standards so that a nuisance is not created that would impact adjacent property owners:

A. Trespassing: The animal(s) is not allowed to trespass on another’s property; and

B. Number: The number of domestic animals or household pets within the following zoning districts is as follows:

1. C-Rec, C-Res and SF-E Zoning Districts: Not to exceed four (4) mature domestic animals or household pets;

2. SF-S Zoning District: Not to exceed three (3) mature domestic animals or household pets;

3. All Other Zoning Districts: Not to exceed two (2) mature household pets and four (4) immature household pets. (Ord. 2462 § 23, 2006; Ord. 2108 § 7.2.11.2, 1996).

18.07.160 Animals – Honey bees.

A. Parcel and Apiary Size Requirements:

1. 0 to 5,999 square feet 0 hives

2. 6,000 to 10,000 squ