Chapter 18.50
DISCRETIONARY PERMITS AND ADMINISTRATIVE DECISIONS – REVIEW CRITERIA
Sections:
18.50.020 Administrative interpretations.
18.50.030 Administrative use permit.
18.50.035 Residential cluster development.
18.50.045 Nonconforming use permit.
18.50.050 Design standards review.
18.50.060 Essential public facilities permit.
18.50.070 Temporary use permits.
18.50.010 Purpose.
The purpose of this chapter is to establish the procedures and decision criteria for a variety of permits that involve discretion or a recommendation or decision made by the community development director or designee, hearing examiner, or other hearing body, as appropriate. An interpretation of the provisions of this chapter clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of this chapter. An interpretation of the provisions of this chapter may not be used to amend this chapter. (Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.020 Administrative interpretations.
A. The purpose of an administrative interpretation is to provide a degree of flexibility in the administration of this title while following the intent of the city council. Administrative interpretations are subject to applicable requirements of Process I applications pursuant to EMC 18.40.080, Process I – Administrative approval. A decision by the community development director or designee as to the meaning, application or intent of any development regulation in this chapter is known as an “interpretation.” An interpretation may be requested in writing by any person or may be initiated by the community development director or designee. This section establishes the procedure and criteria that the city will use in deciding, upon a written request, to interpret the provisions of this chapter and in issuing any other written interpretation of this chapter. The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this chapter. Any appeals of an interpretation by the community development director or designee under this section may be appealed to the city’s hearing examiner as provided for in this title.
B. All interpretations of this title shall be made by the community development director or designee. Official interpretations shall be written and maintained in an orderly, retrievable record. Such administrative interpretations shall include determinations of uses permitted in the various districts, and approval or disapproval of development plans and zoning decisions. Other interpretations may be made as specific circumstances arise which require such interpretations.
C. Interpretations of Text.
1. The more restrictive provision shall govern, where the conditions imposed by one provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title.
2. The most restrictive shall apply, whenever the requirements of this title differ from the requirements of any other laws, ordinances, regulations, covenants or codes.
3. Except where specifically noted, examples of uses listed in this title are intended to typify but not be an inclusive list or limit allowable uses and shall be used to identify appropriate zones and regulatory levels for a given use based on substantial similarity, in terms of activities, intensity, size, and performance, to a listed use.
D. Land uses that are listed as primary uses in each zoning district shall be permitted subject to the review processes, standards, and regulations specified in this title. If a use is not listed as a use in a zoning district it shall be considered to be a prohibited use. However, it is inevitable that certain valid, justifiable uses of land will be missing from the listings of uses permitted in various zoning districts, therefore the community development director or designee is authorized to make an administrative interpretation pursuant to subsection (D)(1) of this section.
1. If a proposed use is not specifically listed, an applicant may request an interpretation from the community development director or designee as to whether or not such use is a permitted use. In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the community development director or designee shall examine the characteristics of the development and use and shall make a determination as to what zone(s) the development and use may be allowed as a primary permitted use, permitted with an administrative use permit, or a conditional use permit based on the following criteria:
a. The requested use is substantially similar to the listed uses permitted in the district in which the request is being sought, as opposed to its similarity to the listed uses permitted in other districts based on the following criteria:
i. The activities involved in or equipment or materials employed in the use;
ii. The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, impacts on public services and facilities, and aesthetic appearance; and
iii. The use has a high degree of potential to be consistent, compatible, and homogenous with listed uses.
b. The use is consistent with the stated purpose of the applicable district or districts.
c. The use is compatible with the applicable goals and policies of the comprehensive plan.
2. Unlisted developments and uses for which the community development director or designee has made an administrative interpretation as to appropriate zone and type similarity shall be considered to constitute an official interpretation and shall subsequently be applied and used for future administration in reviewing other proposals. The community development director or designee shall report such decisions to the planning commission when it appears desirable and necessary to amend this code.
3. The community development director or designee’s determination is classified as a Process I application and shall be processed and subject to the applicable requirements of EMC 18.40.080, Process I – Administrative approval, and may be appealed as provided in EMC 18.40.090, Process II – Administrative action.
E. Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules shall apply:
1. A boundary shown on the zoning map as approximately following a lot line or parcel boundary shall be construed as following the lot line or parcel boundary as it actually existed at the time the zoning boundary was established. If, subsequent to the establishment of the zoning boundary, a lot line should be moved as a result of a legally performed boundary line adjustment, the zoning boundary shall be construed as moving with the lot line only if the lot line is moved no more than 10 feet and remains generally parallel to the original line.
2. A boundary shown on the zoning map as approximately following a creek, lake, or other water course shall be construed as following the actual centerline of the water course. If, subsequent to establishment of the boundary, the centerline of the water course should move as a result of natural processes, the boundary shall be construed as moving with the centerline of the water course.
3. A boundary shown on the zoning map as approximately following a ridgeline or topographic contour line shall be construed as following the actual ridge or contour line. If, subsequent to the establishment of the boundary, the ridge or contour line should move as a result of natural processes, the boundary shall be construed as moving with the ridge or contour line.
4. A boundary shown on the zoning map as approximately following a street or railroad line shall be construed as following the centerline of the street or railroad right-of-way. If, subsequent to the establishment of the boundary, the centerline of the street or railroad right-of-way should be moved as a result of its widening or minor realignment (such as at an intersection), the boundary shall be construed as moving with the centerline only if the centerline is moved no more than 20 feet.
5. Whenever any street or other public right-of-way is vacated in the manner prescribed by law, the zoning district adjoining each side of said street or other public right-of-way shall be automatically extended to the centerline of the former street or other public right-of-way, and all of the area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
6. Whenever a single lot, one acre or less in size, is located within two or more different zoning districts, the district regulations applicable to the district within the larger portion of the lot lies shall apply to the entire lot.
7. Whenever a single lot greater than one acre in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.
8. If the specific location of a zoning boundary line cannot be determined from application of the above rules to the zoning map, it shall be determined by the use of the scale designated on the zoning map.
9. Where questions still arise concerning the exact location of a district boundary, the community development director or designee shall interpret the zone boundaries.
F. The definition of any word or phrase, not listed in this title, which is in question when administering this title, shall be defined from one of the following sources that are incorporated herein and adopted by reference. Said sources shall be utilized to find the desired definition in the order listed as follows: city of Edgewood development code, the city of Edgewood comprehensive plan, any other portion of the Edgewood Municipal Code or other city resolution, ordinance, or regulations; any statute or regulation of the state of Washington (i.e., the most applicable); legal definitions from applicable case law; legal definitions from the most recent edition of Black’s Law Dictionary; Moskowitz and Lindbloom, 1993, The New Illustrated Book of Development Definitions, Webster’s, or other common dictionary.
G. Applications.
1. Any person, personally or through an agent, may make application for an interpretation.
2. The applicant shall file a completed master land use application along with a written description, which at a minimum clearly states:
a. The interpretation requested;
b. The applicable Edgewood city code section(s) which the applicant requests the community development director or designee to interpret; and
c. Relevant information and arguments which support the requested interpretation.
3. With the application, the applicant shall submit the fee as set forth in the city of Edgewood fee schedule.
4. The community development director or designee may modify the submittal requirements as deemed appropriate.
5. An application for an interpretation shall be routed to the community development department. The director may route for comment an application for an interpretation to other staff members or departments.
H. The community development director or designee may, acting on their own initiative or in response to a written inquiry, in the format outlined in subsection (D)(1) of this section, issue interpretations of any of the provisions of this chapter.
1. A code interpretation requested by a person other than the project proponent or property owner must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates. Any code interpretation requested after the applicable administrative appeal period shall not affect an issued permit or decision.
2. The community development director or designee shall base an interpretation on:
a. The defined or the common meaning, as applicable, of the words in the provision;
b. The general purpose of the provision as expressed in the provision; and
c. The logical or likely meaning of the provision viewed in relation to the comprehensive plan, this chapter, the Edgewood Municipal Code as a whole, or other plans and studies prepared or adopted by the city.
3. The community development director or designee shall mail a written response to any person filing a written request to interpret the provisions of this chapter within 28 days of having received that request.
4. An interpretation of this chapter will be enforced as if it is part of this chapter.
5. The community development director or designee shall maintain an interpretation file that contains all interpretations of this chapter that are in effect. The interpretation file shall be available for public inspection and copying in the community development department during regular business hours.
6. An interpretation of the provisions of this chapter remains in effect until rescinded in writing by the community development director or designee or until the subject text of this chapter has been amended consistent with this section.
7. Interpretations issued by the community development director or designee that are related to a land use or subdivision application shall be incorporated into the decision and be subject to applicable notice provisions for the decision. Interpretations issued by the community development director or designee that are not related to a land use or subdivision application shall be subject to the notice provisions under this section.
a. The community development director or designee shall prepare a notice of each interpretation that is not related to a land use or subdivision application, containing the following information:
i. The citation, if any, of the provision(s) of the Edgewood city code that is the subject of the interpretation along with a brief description of the subject provision(s).
ii. A summary statement of the interpretation of the affected provision.
iii. The date of the interpretation.
iv. A statement of the availability of the official file.
v. A summary of the rights, as established in this chapter, of any person to submit an appeal of the interpretation.
vi. The deadline for filing appeals of the interpretation.
b. Upon issuance of the interpretation, the community development director or designee shall distribute this notice of the interpretation as follows:
i. Published in the official newspaper of the city.
ii. Posted on each of the official notification boards of the city and public libraries located within the city.
8. Any person who is aggrieved by an interpretation issued by the designee may appeal that interpretation within 14 days of the date of interpretation.
a. The appellant must file a letter of appeal indicating how the interpretation affects his or her property and presenting any relevant arguments or information on the correctness of the interpretation. The applicant shall include appeals fees as established by the city. The appeal will not be accepted unless it is accompanied by the required fee.
b. An appeal of an interpretation of this chapter will be reviewed and decided upon using the process for appeals outlined in EMC 18.40.100, Process III – Hearing examiner action.
c. If the interpretation of the designee is modified, the designee shall:
i. Place the modifying decision in the interpretation file; and
ii. Change or remove, as appropriate, the interpretation that was modified. (Ord. 23-652 § 68 (Exh. A); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.030 Administrative use permit.
A. The purpose of this section is to establish an administrative review process and decision criteria to evaluate proposed land uses that, due to unique qualities or circumstances, may require some additional regulation or control. The administrative use permit (AUP) process is intended to ensure that the proposed activity, if established, will be in full compliance with applicable regulations, that the unique qualities of the use is addressed and mitigated, and that such use is compatible with the comprehensive plan and adjacent uses.
B. Existing Uses.
1. Any use existing at the time of adoption of this title that is within the scope of uses requiring an administrative use permit in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining an AUP.
2. Any expansion of an existing administrative use shall be required to apply for a new AUP if the community development director or designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3. Any use operating under the provisions of an existing AUP at the time of adoption of this title that is within the scope of uses requiring an AUP in the zoning district in which the property is situated shall be deemed conforming use without necessity of a new AUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
4. Any use operating under the provisions of an existing AUP at the time of adoption of this title which is within the scope of primary permitted uses in the applicable zoning district shall be deemed a conforming use.
C. An AUP is a Process II application type and subject to all the procedural requirements applicable to this application type.
1. An applicant proposing to develop an administrative use shall provide facts and evidence to enable the community development director or designee to make a determination. The application shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form and the application fee, as set forth in the city of Edgewood fee schedule.
2. Administrative use permit applications shall be filed with the community development department. The AUP application shall be reviewed and circulated for comment by city staff.
D. The community development director or designee shall approve an AUP only if all of the following findings can be made regarding the proposal and are supported by the record:
1. The approval of the proposed AUP will not be detrimental to the public health, safety, and general welfare; nor will it be injurious to, or adversely affect, the uses, property, or improvements adjacent to and in the vicinity of the site upon which the proposed use is proposed to be located;
2. The approval of the proposed AUP is consistent and compatible with the intent of goals, objectives and policies of the comprehensive plan and any other city ordinances;
3. The proposed use and the project design comply with the zoning district and all applicable development regulations;
4. All conditions necessary to mitigate the impacts of the proposed use have been included in the project design or approval, and are capable of being monitored and enforced;
5. All requirements for a specific use have been addressed by the applicant.
E. When granting an administrative use permit, the community development director or designee may attach specific conditions to the permit that will serve to accomplish the standards, and/or meet the criteria, and policies established in the comprehensive plan and this title. The community development director or designee may deny an application for an AUP if the establishment of the use would be incompatible with the surrounding area or incapable of complying with specific standards set forth in this code, or if any of the above required findings are not supported by evidence in the record as determined by the community development director or designee.
1. In addition to demonstrating compliance with the criteria as determined by EMC 18.50.020(D), the applicant shall accept those conditions that the community development director or designee finds are appropriate to obtain compliance with the criteria as listed below;
2. In permitting an administrative use, the community development director or designee may impose any of the following conditions:
a. Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
b. Establish a special yard or other open space, lot area or dimension.
c. Limit the height, size or location of a building or other structure.
d. Designate the size, number, location or nature of vehicle access points.
e. Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
f. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading areas.
g. Limit or otherwise designate the number, size, location, and height of lighting of signs.
h. Limit the location and intensity of outdoor lighting or require its shielding.
i. Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
j. Design the size, height, location or materials for a fence.
k. Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.
l. Require provisions for public access, physical and visual, to natural, scenic and recreational resources.
m. Require provisions for stormwater management, including implementation of LID to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM), and designating the size, location, screening, or other improvements needed for stormwater management facilities, if applicable.
n. Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
o. Require such financial guarantees and evidence that any applied conditions will be complied with.
F. Authorization of an AUP shall be void after a period of one year unless the use has begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the community development director or designee, extend authorization for six additional months upon request, provided such request is submitted in writing at least 30 days, but not more than 60 days, prior to the expiration of the permit, with payment of appropriate fees as set forth in the city of Edgewood fee schedule. (Ord. 23-652 §§ 69, 70 (Exh. A); Ord. 16-482 § 2 (Exh. F); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.035 Residential cluster development.
A. Intent. The purpose of residential cluster development (RCD) is to preserve large areas of open land and protect environmentally sensitive areas while permitting residential development at the underlying densities in a manner that reduces the perceived intensity of development and provides privacy to existing homes. Specific objectives include:
1. To maintain and protect the existing character of the neighborhood by preserving important landscape elements, including those areas containing environmentally sensitive areas.
2. To promote fee-simple ownership of dwellings within the city.
3. To preserve scenic views and minimize impacts on adjacent properties.
4. To provide greater design flexibility and efficiency in location of dwellings and other development features.
5. To promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, and roads, need to be extended.
6. To create groups of dwellings with direct visual and physical access to common open space.
7. To permit various means for owning common open space and for protecting it from development in perpetuity.
B. General Provisions.
1. A RCD may be approved for development containing residential uses located within the Single-Family Low (SF-2), Single-Family Moderate (SF-3), Single-Family High (SF-5), Mixed Residential (MR-1 and MR-2), Mixed Use Residential (MUR), Commercial (C), and Town Center (TC) zoning districts.
2. The city or the owner of the subject land, or their authorized agent, may initiate an application for a RCD.
3. Payment of the RCD fee, as set forth in the city of Edgewood fee schedule, shall accompany an application.
4. A RCD application shall be submitted and reviewed pursuant to the requirements and procedures set forth in Chapter 18.40 EMC for a Process III hearing examiner action.
5. All principal and accessory uses authorized by the applicable zoning district shall be allowed within a RCD, subject to the following:
a. Use/uses included in the RCD approval shall be exempt from requirements to obtain an administrative use permit or conditional use permit; and
b. The exemption from the requirement for an administrative use permit or conditional use permit shall not prevent the hearing examiner from imposing conditions on specific uses within the RCD as a condition for approving the RCD; and
c. Approval of a RCD shall not be construed as authorizing any primary or accessory use not allowed by the underlying zoning district.
6. If two or more zoning districts are located within the boundaries of the RCD, the following shall apply in determining the development that may be allowed:
a. The portion of land in each zoning district shall be subject to the uses, density and development standards applicable to the underlying zoning district in which that portion of land is located; and
b. The total development allowed within the RCD shall be the sum of development allowed for each portion of land located within each zoning district; and
c. Use/uses included in the RCD approval may be located anywhere within the boundaries of the RCD and shall not be dependent on the boundaries of the underlying zoning district, unless the location of the use would adversely affect adjacent properties.
7. Scope of Approval.
a. Approval of a RCD constitutes an overlay to the zoning district. Modifications to any provisions for minimum lot size, setbacks, number of stories, maximum square footage of the floor space and/or building footprints for residential uses, lot coverage and impervious surface coverage may be granted at the discretion of the approving authority.
b. Approval of a RCD shall govern the design of the site to only those designs and standards that are specifically included as set forth in the approved site plan, and the underlying zoning district standards shall apply to all present and future uses not specifically addressed in the approved site plan.
C. Density and Dimensional Standards.
1. The maximum density of the underlying zoning district shall apply. Density is based on the net buildable area as prescribed in EMC 18.90.040.
2. The modifications to development standards allowed pursuant to subsection (B)(7)(a) of this section shall be subject to the following limitations:
a. The maximum building height shall be the same as that set forth in the underlying zoning district where the building is located and the provision in subsection (B)(6)(c) of this section shall not apply.
b. Each lot shall have a minimum net buildable area in accordance with EMC 18.80.040(E)(2) or the following Table 1.
|
Zoning District |
Land Use Type |
Net Buildable Area |
|---|---|---|
|
SF-5/MR-1 |
Single-Family Detached |
5,000 |
|
All Other Allowed Uses |
3,000 |
|
|
MR-2 |
All Allowed Uses |
3,000 |
|
MUR |
Single-Family Detached |
4,000 |
|
All Other Allowed Uses |
2,000 |
|
|
TC |
All Allowed Uses |
None |
|
C |
All Allowed Uses |
None |
c. The following development standards shall be applied to the entire RCD rather than to individual lots:
i. Maximum impervious surface (not to include surface areas for roads, sidewalks, bicycle and pedestrian pathways, utilities such as stormwater and sewers, and similar infrastructure); and
ii. Maximum lot coverage (not to include structures that house utilities and similar infrastructure); and
iii. The minimum number of required off-street parking spaces.
d. The setbacks of the underlying zoning district shall apply to the perimeter of the RCD, except when adjacent to single-family zoned property where the minimum setback shall be 25 feet from all property lines abutting the single-family zoning district.
e. Buildings containing residential uses shall maintain a minimum 10-foot distance separation between the buildings as measured from the outdoor side of the exterior walls.
D. Design Standards for Cluster Groups. Residential dwellings/lots shall be formed into cluster groups with one or more groups allowed per each RCD. Cluster groups shall incorporate the following design standards into their site layout:
1. All lots within a cluster group shall have access from interior streets located within the development.
2. Interior streets serving more than 30 residential dwellings shall provide vehicle access from at least two directions.
3. Streets and parking areas shall contribute to the overall aesthetic design of the project. The city engineer may approve alternative designs for roads and pedestrian accessways that reduce impervious surfaces; provided, that the alterations do not adversely affect traffic congestion.
E. Design Standards for Common Open Space.
1. A percentage of the total gross land area within the RCD shall be preserved as common open space in accordance with the following standards:
a. Single-Family Five (SF-5) and Mixed Residential One (MR-1) zones: at least 30 percent.
b. Mixed Residential Two (MR-2) zone: at least 15 percent.
c. Mixed Use Residential (MUR), Town Center (TC) and Commercial (C) zones: at least 15 percent.
2. Common open space shall be classified as active or passive. Passive open space includes natural features and environmentally constrained lands where disruptions to the natural environment are subject to the regulations set forth in EMC Title 14 (Critical Areas). Active open space includes recreational activities such as sport fields, pea patches, picnic areas, playgrounds, athletic courts and similar types of facilities. A trail that is improved to city standards set forth in Chapter 12.12 EMC, whether public or private, shall be included as active open space.
3. The following areas shall not be included as part of the common open space:
a. Private lot areas;
b. Areas for parking, driveways or streets, except areas for on-street bicycle pathways may be included;
c. Areas set aside for required landscaping;
d. Areas for stormwater and other infrastructure improvements, except when such facilities are located underground;
e. Perimeter and yard setbacks for buildings and structures; and
f. Isolated passive open space areas less than 2,000 square feet that are not connected in accordance with the provisions set forth in subsection (E)(4) of this section.
4. All common open space areas shall be part of a larger continuous and integrated open space system within the development. At least 75 percent of the common open space shall be contiguous to each other. For the purpose of meeting this standard, “contiguous” means within 100 feet of each other with no impediments to access between the areas. Access can be by trails, greenbelt corridors, sidewalks, or other means approved by the director.
5. Trails that are located within 50 feet of homes in cluster groups shall be identified by plantings, fences, or other landscape features.
6. Common open space shall be restricted in perpetuity from further subdivision and/or land development by deed restriction, conservation easement, or other agreement that restricts development and protects the specified open space in a form acceptable to the city and duly recorded in the office of the Pierce County auditor.
7. Within the MUR, TC and C zones, the director may reduce or waive the requirement for common open space if an improved pedestrian-oriented public space is provided that incorporates the following:
a. The area of the public space is at least five percent of the net buildable area, plus one percent of the nonresidential building gross floor area (excluding service and structured parking areas); and
b. An easement or dedication to the public’s use of the public space; and
c. Pedestrian access to buildings with residential uses; and
d. Paved walking surfaces of unit pavers, stone, brick or concrete with special texture, pattern and/or other decorative features that provide an inviting pedestrian environment; and
e. At least two linear feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of public space, with no more than 50 seats or 100 linear feet of seating area being required; and
f. Landscaping and art features, such as murals, sculptures, water features, and/or decorative surfaces; and
g. Has solar exposure during the summer; and
h. Provides public access and visibility from the nearest public sidewalk and/or street; and
i. No improved public space shall be less than 30 feet at its smallest dimension and less than 2,000 square feet in area, except an improved public space may be less than 2,000 square feet in area if it represents the entire amount of improved public space required under this section.
8. The requirement to provide common open space shall not relieve the requirement to pay park impact fees pursuant to Chapter 4.20 EMC, which mitigates the development’s impact to public park facilities in the city.
F. Landscaping Requirements.
1. The preservation of existing vegetation shall always be preferred to the installation of new plant materials. Any area of the development not built upon shall either be maintained with existing healthy vegetation (not to include weeds or noxious plants identified pursuant to Chapter 8.24 PCC, as adopted in EMC Title 8), or landscaped with new plantings. Proposed landscaping shall incorporate LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM) with design, installation, and maintenance following the standards outlined in the PCM and associated reference documents.
2. A planted landscape buffer at least 15 feet wide shall be established to provide substantial visual blockage from abutting properties to the RCD wherever dwellings within the RCD are located 100 feet or less from the perimeter interior and rear property lines of the parcel. The planted landscaped buffer shall incorporate the following:
a. Use a combination of plants, medium shrubs and evergreen/deciduous trees to provide visual blockage;
b. At least one tree per 20 lineal feet of planted landscape buffer;
c. Plants and trees shall meet the standards set forth in EMC 18.90.090(E); and
d. The planted buffer shall provide a minimum six-foot in height visual blockage within three years of planting.
e. A fence, earthen berm or wall may be incorporated into the buffer, but shall not count towards meeting the visual blocking requirements.
f. LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM), with design, installation, and maintenance following standards outlined in the PCM and associated reference documents.
3. All public and private streets associated with the RCD shall have landscaping in accordance with EMC 18.90.090(G)(2), Type II, Streetscapes. This includes, but is not limited to, the following:
a. At least one street tree per 40 feet of lineal frontage;
b. Trees shall be approved by the city and have a minimum two-inch caliper at the time of planting;
c. Landscaping strip of vegetative groundcover of at least eight feet, which may be reduced by the director when it supports the design of the RCD;
d. Decorative tree wells are required when trees are placed within a sidewalk; and
e. LID systems to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM) with design, installation, and maintenance following standards outlined in the PCM and associated reference documents.
4. The use of native and drought tolerant, low water use plants is encouraged. When determined by the director to be necessary to ensure survival of the vegetation, irrigation shall be provided in accordance with the provisions set forth in EMC 18.90.090(F).
5. A licensed landscape architecture or other professional approved by the director shall prepare a landscape plan to accompany the application for the RCD. A vegetative maintenance plan shall be submitted with the landscaping plan. The plan shall include a program to replace any dead or dying trees and vegetation within one year of the plant or tree being identified as needing replacement.
G. Sewers. Sewer systems for cluster development may be public, individual private disposal systems, or community private disposal systems.
1. Connection to the city’s public sewer system shall be in accordance with the provisions in Chapter 11.40 EMC.
2. Private disposal systems are subject to approval by the Tacoma-Pierce County health department or the Washington State Department of Ecology. When connecting to a private disposal system is allowed pursuant to Chapter 11.55 EMC, the following shall apply:
a. The city may require the installation of dry sewer systems as a condition of approving private disposal systems to serve the RCD. Property owners are subject to the requirements in Chapter 11.55 EMC to disconnect from the private disposal system and connect to the city sewer system when it becomes available.
b. Private disposal systems may be exempted from the requirement to be located on the same lot as the building they are designed to serve as set forth in EMC 13.15.010 when, in the opinion of the director, it is necessary to allow for design of the RCD.
c. Private disposal systems located on land other than the lot containing the building it serves shall be located on land held in common ownership, subject to the provisions set forth in subsection (H) of this section.
3. Sewer facilities located underground may be located within common open space areas.
H. Ownership and Maintenance of Common Facilities and Open Space. To ensure adequate planning for ownership, operation, and maintenance of common open space, recreational facilities, stormwater facilities (including LID systems), sewage disposal facilities, common parking areas and driveways, private streets and other common or community facilities, the following shall apply:
1. All common facilities shall be held in common ownership as undivided proportionate interest by the members of a homeowners’ association.
2. The homeowners’ association shall be established under the provisions set forth in Chapter 64.38 RCW and subject to the following provisions:
a. The organization shall be established as a corporation or a limited liability company by the owner or applicant and shall be in existence with financial subsidy by the applicant, if necessary, prior to the sale of any dwelling units in the development.
b. Membership in the organization shall be mandatory for all purchasers of dwelling units/property therein and their successors.
c. The applicant shall provide a description of the organization, including its bylaws, and all documents governing maintenance requirements and use restrictions for common facilities. Such documents shall be reviewed and approved to form by the city.
d. The organization shall share equitably the costs of maintaining, insuring, and operating common facilities. Dedicated funds and/or accounts shall be established for maintenance and operation of common facilities. The documents governing maintenance of common facilities shall include adequate financial measures such as homeowners’ dues to cover such costs.
e. The organization shall have or hire adequate staff, contractor or property management company to administer, maintain, and operate common facilities.
f. The covenants, conditions, and restrictions (CC&R) shall contain language that is acceptable to the city governing the maintenance of common facilities. The language shall include provisions granting the city an access easement and the ability, but not the obligation, to inspect, maintain and repair common facilities.
g. Additional provisions in the CC&R may be required by the Tacoma-Pierce County health department governing the maintenance of private disposal systems. When a private disposal system is utilized, Tacoma-Pierce County health department approval of the CC&R is required.
3. In addition to the homeowners’ association or as an alternative thereto, fee-simple dedication of common facilities to a public agency is allowed, provided the public agency agrees to such dedication. The residents of the RCD shall hold a conservation easement on the land and facilities so dedicated, protecting the common open space from development in perpetuity.
4. The applicant shall provide a plan and written narrative for the use, maintenance and insurance of all common facilities, including provisions for funding, to the city. The city’s approval of the plan is required. The plan shall at a minimum include the following:
a. The defined ownership (members of the homeowners’ association);
b. Responsibilities for regular and periodic maintenance services;
c. A contract for professional maintenance services for private disposal systems, if the private disposal system serves more than one property owner;
d. An open space plan that includes provisions for long-term management of the open space lands; and
e. Provisions for an escrow fund, if the city, as a condition for approving the RCD, requires that sufficient funds are available for up to one year’s worth of maintenance and operation costs of common facilities.
5. In the event the homeowners’ association, any successor organization thereto, or the property owners within the RCD fail to properly maintain all or any portion of the common areas or facilities, the city may serve written notice setting forth the nature of corrections required and the time within which the corrections shall be made. Upon failure to comply within the time specified in the written notice, the homeowners’ association, any successor organization thereto, or the property owners within the RCD shall be considered in violation of the conditions of approving the RCD, in which case the city shall have the right to enter the premises and take the needed corrective actions. The costs of corrective actions by the city shall be assessed against the properties that have the right of enjoyment of the common areas and facilities.
6. Common open space lands may be leased by the RCD to another person or other entity for use, operation, and maintenance; provided, that:
a. The residents of the RCD shall at all times have access to such leased lands;
b. The common open space lands to be leased shall be maintained for the purposes set forth in this section; and
c. The lease, and any transfer or assignment thereof, shall be subject to the approval of the city.
I. Lapse of Approval. If not acted upon within three years from the date of the decision, approval of the RCD shall expire. Expiration is automatic and notice is not provided. The director may grant a single six-month extension if the applicant makes such a request in writing prior to the expiration of the RCD with payment of appropriate fees as set forth in the city of Edgewood fee schedule and can show good cause for granting the extension. (Ord. 23-652 §§ 71, 72 (Exh. A); Ord. 18-535 § 1; Ord. 16-482 § 2 (Exh. F); Ord. 07-288 § 1).
18.50.040 Conditional use.
A. This section is to establish procedures and decision criteria for uses that possess unique characteristics and are of such a nature that they may not be appropriate for every location within a given zoning district. Conditional uses are those uses deemed unique due to factors such as size, technological processes, equipment, or location with respect to surroundings, streets, existing improvements, or demands upon public facilities. Such uses require a special degree of review and control to ensure compatibility with the comprehensive plan and adjacent uses.
B. Any use existing at the time of adoption of this title that is within the scope of uses requiring a conditional use permit (CUP) in the zoning district in which the property is situated shall be deemed a conforming use without necessity of obtaining a CUP.
1. Any expansion of an existing conditional use shall be required to apply for a new CUP if the community development director or designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
2. Any use operating under the provisions of an existing conditional use permit/public facilities permit at the time of adoption of this title that is within the scope of uses requiring a CUP in the zoning district in which the property is situated shall be deemed a conforming use without necessity of a new CUP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3. Any use operating under the provisions of an existing CUP at the time of adoption of this title that is within the scope of primary permitted uses within the applicable zoning district shall be deemed a conforming use.
C. Application for a Conditional Use Permit.
1. A CUP is a Process III application type and subject to all the procedural requirements applicable to this application type.
2. CUP applications shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form and the application fee, as set forth in the city of Edgewood fee schedule. An applicant shall provide sufficient facts and evidence to enable the hearing examiner to make a decision.
3. Applications for CUP shall be filed with the community development department. The CUP application shall be reviewed and circulated for comment by city staff.
4. Notice of application shall be provided pursuant to EMC 18.40.180, Notice of application.
5. Public notices shall be pursuant to EMC 18.40.180, Notice of application.
6. Public hearings shall be pursuant to EMC 18.40.190, Notice of public hearing.
7. A CUP shall only be granted after the hearing examiner has reviewed the proposed use and has made written findings that all of the standards and criteria set forth below have been met or can be met, subject to conditions of approval:
a. The size of the site is adequate for the proposed use, including all facilities and amenities that are required by this title or desired by the applicant.
b. The proposed use will not be detrimental to the public health, safety, and general welfare of the community and will not introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties.
c. The topography, soils, and other physical characteristics of the site are appropriate for the use and potential problems due to weak foundation soils can be eliminated or reduced to the extent necessary to avoid hazardous situations.
d. The proposed use will not be injurious to, or adversely affect the uses, property, or improvements adjacent to, or in the vicinity of, the site upon which the proposed use is to be located.
e. The proposed use will be compatible with adjacent land uses and consistent with the character of the surrounding area.
f. The proposed use will be supported by adequate water, sewer/septic, storm drainage, schools, electrical, police, and fire protection facilities and services. The use will not overburden or adversely affect said public facilities and services.
g. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity.
h. An adequate site layout is proposed for on-site circulation and transportation activities, considering the potential impacts of the proposed use on traffic flow and control, emergency vehicle movements and safety associated with the suitability of access points, on-site drives, parking, loading and unloading areas, refuse collection and disposal points, sidewalks, bike paths, or other transportation facilities required by this title or desired by the applicant.
i. The proposed use will cause no unreasonably adverse effects to wetlands, shorelands, wildlife habitat, and other critical areas.
j. The public interest will suffer no substantial detrimental effect.
k. Buffering devices such as fencing, landscaping or topographic characteristics adequately protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects.
l. The granting of the proposed conditional use is consistent and compatible with the intent of the goals, objectives and policies of the comprehensive plan. For essential public facilities, the hearing examiner shall balance the goals and policies of the comprehensive plan, the intent of this code, and the public need for the proposed facility.
m. The proposed use complies with the appropriate development and performance standards and all other applicable provisions of the city of Edgewood development standards.
n. All conditions necessary to lessen any impacts of the proposed use have been included in the project design or will be required as conditions of approval pursuant to EMC 18.40.100, Process III – Hearing examiner action.
o. In addition to demonstrating compliance with the criteria as determined by the hearing examiner, the applicant shall accept those conditions that the hearing examiner finds are appropriate to obtain compliance with the criteria.
i. In permitting a conditional use, the hearing examiner may impose any of the following conditions:
(A) Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects such as noise, vibration, air pollution, glare and odor.
(B) Establish a special yard or other open space, lot area or dimension.
(C) Limit the height, size or location of a building or other structure.
(D) Designate the size, number, location or nature of vehicle access points.
(E) Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
(F) Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading areas.
(G) Limit or otherwise designate the number, size, location, and height of lighting of signs.
(H) Limit the location and intensity of outdoor lighting or require its shielding.
(I) Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
(J) Design the size, height, location or materials for a fence.
(K) Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.
(L) Require provisions for public access, physical and visual, to natural, scenic and recreational resources.
(M) Require provisions for stormwater management, including implementation of LID to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM), and designating the size, location, screening, or other improvements needed for stormwater management facilities, if applicable.
(N) Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
(O) Require such financial guarantees and evidence that any applied conditions will be complied with.
(P) Require appeals to be pursuant to EMC 18.40.090(L), Appeals.
ii. Authorization of a conditional use shall be void after a period of one year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the community development director or designee, extend authorization for one additional year upon request, provided such request is submitted in writing at least 30 days but not more than 60 days prior to expiration of the permit with payment of appropriate fees set forth in the city of Edgewood fee schedule. (Ord. 23-652 §§ 73, 74 (Exh. A); Ord. 16-482 § 2 (Exh. F); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.045 Nonconforming use permit.
A. The purpose of a nonconforming use permit (NUP) is to allow the continued use of existing, legal nonconforming sand and gravel surface mining operations that legally operated within the city of Edgewood prior to incorporation and have continued to extract sand and gravel to the effective date of the ordinance codified in this section. Sand and gravel surface mining operations do not include bioremediation and/or concrete recycling operations.
B. The process for obtaining a NUP and the criteria for approval shall be the same as set forth for the conditional use permit in EMC 18.50.040. The hearing examiner and city staff shall consider conditions imposed in prior approvals by other government agencies with jurisdiction in the review of any application for a NUP.
C. Issuance of a NUP shall not remove the legal nonconforming nature of the business or use. (Ord. 04-235 § 1).
18.50.050 Design standards review.
A. Design standards is an administrative process, the purpose of which is to implement and give effect to the comprehensive plan, its policies or parts thereof through the adoption of design criteria for development relative to site layout, landscape, architecture, and exterior structure design. It is the intent of the city that this process will serve to aid applicants in understanding the principal expectations of the city concerning design, and to encourage a diversity of imaginative solutions to development through the review and application of the design standards.
B. The adoption of the design guidelines is an element of the city’s regulation of land use, which is statutorily authorized. The design standards review process adopted herein is established as a Process I administrative function delegated to the community development director or designee pursuant to RCW 35A.13.080. Therefore, in implementing the administrative design standards review process, the community development director or designee may adopt such rules and procedures as are necessary to provide for expeditious review of proposed projects. In the administration of this process, the community development director or designee may develop supplementary handbooks for the public, which shall pictorially illustrate and provide additional guidance on the interpretation of the design standards established, as well as provide a detailed explanation of the design review process.
C. Design standards review is a Process I application type and subject to all the procedural requirements applicable to this application type.
1. Design standards review applications shall be on a form prescribed by the community development department and shall include all of the information and materials required by the application form and the application fee, as set forth in the city of Edgewood fee schedule. An applicant shall provide sufficient facts and evidence to enable the community development director or designee to make a decision.
2. Applications for design standards review shall be filed with the community development department.
3. The community development director or designee shall provide the applicant with a written decision either approving, denying or approving the application with modifications and/or conditions of approval.
D. The decision of the community development director or designee under the administrative design standards review process is final unless an appeal is made in accordance with the requirements of EMC 18.40.090(L), Appeals. (Ord. 23-652 § 75 (Exh. A); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.060 Essential public facilities permit.
A. This process is intended to ensure that essential public facilities (EPF), as needed to support orderly growth and delivery of public services, are sited in a timely and efficient manner. It is also intended to provide the city with additional regulatory authority to require mitigation of impacts that may occur as a result of an EPF siting. Finally, it is intended to promote enhanced public participation that will produce siting decisions consistent with community goals. Essential public facilities are defined in EMC 18.20.080.
B. Any use existing at the time of adoption of this title, which is within the scope of uses requiring an essential public facilities permit (EPFP) in the zoning district in which the property is situated, shall be deemed a conforming use without the necessity of obtaining an EPFP.
1. Any expansion of an existing essential public facility use shall be required to apply for a new EPFP if the community development director or designee finds that there is a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
2. Any use operating under the provisions of an existing conditional use permit at the time of adoption of this title, which is within the scope of uses requiring an EPFP in the zoning district in which the property is situated, shall be deemed a conforming use without the necessity of a new EPFP, unless a proposed expansion would result in a change in the nature of the use or a significant change in the intensity of the use created by such an expansion.
3. Any use operating under the provisions of an existing EPFP at the time of adoption of this title, which is within the scope of primary permitted uses within the applicable zoning district, shall be deemed a conforming use.
C. An EPFP is a Process III application type and is subject to all the procedural requirements applicable to this application type.
1. EPFP applications shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form and the application fee, as set forth in the city of Edgewood fee schedule. An applicant shall provide sufficient facts and evidence to enable the hearing examiner to make a decision.
2. Applications for EPFPs shall be filed with the community development department. The EPFP application shall be reviewed and circulated for comment by city staff.
3. Notice of application shall be provided pursuant to EMC 18.40.180, Notice of application.
D. An EPFP shall be pursuant to EMC 18.40.190, Notice of public hearing.
E. An EPFP shall only be granted after the hearing examiner has reviewed the proposed use and has made written findings that all the standards and criteria set forth below have been met or can be met subject to conditions of approval:
1. The project applicant has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed.
2. If applicable, the project would serve a significant share of the city’s population, and the proposed site will reasonably serve the project’s overall service population.
3. The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology.
4. The project is consistent with the applicant’s own long-range plans for facilities and operations.
5. The applicant’s public participation plan has provided an opportunity for public participation in the siting decision and mitigation measures that is appropriate in light of the project’s scope.
6. The project will not result in a disproportionate burden on a particular geographic area.
7. The proposed project shall comply with all applicable provisions of the comprehensive plan, development standards, SEPA, and other federal, state and local statute, codes and ordinances.
8. The project site meets the facility’s minimum physical site requirements, including projected expansion needs. Site requirements may be determined by the minimum size of the facility, access, support facilities, topography, geology, and on-site mitigation needs.
9. The project site, as developed with the proposed facility and under the proposed mitigation plan, is compatible with surrounding land uses.
10. The applicant has proposed mitigation measures that substantially reduce or compensate for adverse impacts on the environment.
F. Action of Hearing Examiner. In addition to demonstrating compliance with the criteria as determined by the hearing examiner, the applicant shall accept those conditions that the hearing examiner finds are appropriate to obtain compliance with the criteria.
The hearing examiner may impose any of the following conditions:
1. Limit the manner in which the use is conducted, including restricting the time an activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor.
2. Establish a special yard or other open space or lot area or dimension.
3. Limit the height, size or location of a building or other structure.
4. Designate the size, number, location or nature of vehicle access points.
5. Increase the amount of street dedication, roadway width or improvements within the street right-of-way.
6. Designate the size, location, screening, drainage, surfacing or other improvement of a parking or truck loading areas.
7. Limit or otherwise designate the number, size, location, and height of lighting of signs.
8. Limit the location and intensity of outdoor lighting or require its shielding.
9. Require screening, landscaping or another facility to protect adjacent or nearby property and designate standards for installation or maintenance of the facility.
10. Design the size, height, location or materials for a fence.
11. Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources.
12. Require provisions for public access, physical and visual, natural, scenic and recreational resources.
13. Require provisions for stormwater management, including implementation of LID to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM) and designating the size, location, screening, or other improvements needed for stormwater management facilities, if applicable.
14. Impose special conditions on the proposed development to ensure that development is in conformance with the surrounding neighborhood and the intent and purpose of the zoning district classification.
15. Require such financial guarantees and evidence that any applied conditions will be adhered to.
G. Appeals shall be pursuant to EMC 18.40.090(L), Appeals.
H. Authorization of an essential public facility use shall be void after a period of one year unless the use began within that time or substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the community development director or designee, extend authorization for one additional year upon request, provided such request is submitted in writing at least 30 days and not more than 60 days prior to expiration of the permit. (Ord. 23-652 § 76 (Exh. A); Ord. 23-644 § 2 (Exh. A); Ord. 16-482 § 2 (Exh. F); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.070 Temporary use permits.
A. The provisions of this section are designed to provide standards and criteria for temporary relief to situations resulting from strict application of this title. Provisions authorizing temporary uses are intended to permit occasional temporary uses, activities and structures when consistent with the purpose of this title and when compatible with the general vicinity and adjacent uses.
B. The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the community development director or designee:
1. Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain.
2. Contractor’s office, storage yard and equipment parking and servicing on the site of an active construction project.
3. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities.
4. Indoor or outdoor art and craft shows and exhibits.
5. Christmas tree sales lots limited to location on nonresidential lots in Commercial, Business Park or Industrial zoning districts.
6. Mobile home residences used for occupancy by supervisory and security personnel on the site of an active construction project.
7. Indoor or outdoor special sales, including swap meets, flea markets, parking lot and sidewalk sales, warehouse sales or similar activities, limited to locations on nonresidential lots in commercial or industrial districts, and when operated not more than 10 days in the same month, unless otherwise permitted by the city.
8. Temporary use of mobile trailer units or similar portable structures for nonresidential purposes, located in districts where the intended use is permitted.
9. Seasonal retail sales of agricultural or horticultural products raised or produced on individual farms.
10. Neighborhood or community garage sales, moving sales and similar activities for the sale of personal belongings when operated not more than three days in the same week or more than twice in the same calendar year.
11. The community development director or designee may authorize additional temporary uses not listed in this subsection when it is found that the proposed uses are in compliance with the requirements and findings of this section.
12. Temporary Housing Unit. A temporary housing unit may be placed on a lot or tract of land in any zone for occupancy during the period of time necessary to construct a permanent use or structure on the same lot or tract or abutting property leased or owned by the applicant. Existing dwelling units may be converted to a temporary housing unit. A temporary housing unit is subject to the following:
a. The unit shall be removed from the site within 60 days after final inspection of the project, or within one year from the date the unit is first moved to the site, whichever may occur sooner. The unit is not located in any required yard.
b. A temporary permit shall be issued by the building division prior to occupancy of the unit on the construction site.
13. Temporary Housing Units – Mother-in-Law. Temporary housing units are permitted in all zones as follows:
a. A temporary housing permit for a temporary housing unit may be issued by the building division if the applicant can satisfy the criteria set forth in subsection (B)(13)(b) of this section and attests by affidavit that:
i. The information furnished with the application is true and correct.
ii. The standards and conditions set forth in the permit will remain satisfied as long as the temporary housing unit remains on the site.
b. The following are the minimum standards applicable to temporary housing units:
i. The temporary housing unit shall be occupied by the parent or parents of the occupants of the dwelling, or not more than one individual who is a close relative of the occupants of the principal dwelling.
ii. An occupant of the temporary housing unit because of age, disability, prolonged infirmity, or other similar incapacitation is unable to independently maintain a separate type of residence without human assistance.
iii. The temporary housing unit must bear the Housing and Urban Development (HUD) 3280 seal.
iv. In the event the health department requires the installation of separate water supply and/or sewerage disposal systems, said requirements shall not at a later time constitute grounds for the continuance or permanent location of a temporary housing unit beyond the length of time authorized in the permit or renewal of said permit.
v. Prior to the issuance of a temporary housing permit, the city shall review the application and may require the installation of such fire protection/detection equipment as may be deemed necessary as a condition to the issuance of the temporary housing permit.
vi. The temporary housing unit shall be removed from the lot or tract of land not more than 60 days from the date the temporary permit expires or occupancy ceases.
c. Renewals. Temporary housing permits shall be valid for the period of time the parent or close relative resides in the temporary housing unit; provided, that after obtaining initial approval, annual renewals of the temporary housing permit must be obtained from the building code official or designee. When obtaining a renewal, the building code official or designee shall confirm by affidavit from the applicant that the requirements specified herein are satisfied. Application for renewals must be made 60 days before the expiration of the current permit. Renewals of said permits shall be automatically granted if the applicant is in compliance with the provisions herein and no notice of such renewal is required.
C. Application and Authorization.
1. A temporary use permit is a Process I application type and subject to all the procedural requirements applicable to this application type.
2. Temporary use applications shall be on a form prescribed by the community development department and shall include all of the information and materials required by the application form and the application fee, as set forth in the city of Edgewood fee schedule. An applicant shall provide sufficient facts and evidence to enable the community development director or designee to make a decision.
3. Applications for temporary use permits shall be filed with the community development department. Application shall be made at least 15 days prior to the requested date for commencement of the temporary use.
4. The community development director or designee shall provide the applicant with a written decision approving, denying, or approving the application with modifications and/or conditions of approval, within 10 days after the date of submission of a complete application.
5. A temporary use authorized pursuant to this section shall be subject to all of the applicable standards of subsection (D) of this section, and shall not be exempted or relieved from compliance with any other ordinance, law, permit or license applicable to such use, except where specifically noted.
D. Standards for Temporary Use.
1. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion or removal of the use.
2. A temporary use conducted in a parking facility shall not occupy or remove from availability more than 20 percent of the spaces required for the permanent use.
3. Each site occupied by a temporary use must provide or have available sufficient off-street parking and vehicular maneuvering area for customers. Such parking need not comply with the development requirements of EMC 18.90.130, Parking, but must provide safe and efficient interior circulation and ingress and egress from the public right-of-way.
4. No temporary use shall occupy or use public rights-of-way, parks or other public lands in any manner unless specifically approved by the city council.
5. No temporary use shall occupy a site or operate within the city for more than 90 days within any calendar year, except as follows:
a. When authorized by the community development director or designee, a temporary use may operate an additional 90 days if it is found that such an extension will be consistent with the requirements of Chapter 18.80 EMC, Land Use Zones, and this subsection (D).
b. A temporary use may be given an additional extension if unique circumstances exist that necessitate a longer use such as construction office or security housing for an active construction site and such an extension will be consistent with the requirements of Chapter 18.80 EMC, Land Use Zones, and this subsection (D), or can be consistent, subject to conditions of approval.
6. All signs shall comply with the requirements of Chapter 18.97 EMC, Sign Code, except as otherwise specified in this section.
7. All temporary uses shall obtain all required city permits, licenses or other approvals, prior to occupancy of the site.
8. The community development director or designee may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, setbacks, special yards, and spaces; control of points of vehicular ingress and egress, temporary arrangements for parking, loading and traffic circulation, requirements for screening or enclosure, site maintenance during use, and guarantees for site restoration and cleanup following temporary use.
E. A temporary use permit shall only be granted when the community development director or designee, after consultation and coordination with all other applicable city departments and other agencies, has determined that:
1. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.
2. The temporary use will not create a material adverse effect on the livability or appropriate development of abutting properties and the surrounding community.
3. The temporary use will not impair the normal, safe and effective operation of a permanent use on the same site.
4. The temporary use will comply with the requirements of the zone within which it is proposed.
5. The temporary use shall comply with all applicable standards of the Pierce County health department.
6. In applying temporary use criteria and determination of appropriate conditions, consideration shall be given, but not limited to:
a. The harmony and scale, bulk, coverage, and density;
b. The availability of public facilities and utilities;
c. The harmful effect, if any, upon a desirable neighborhood character;
d. The generation of traffic and the capacity of surrounding streets and roads;
e. The creation of noise, vibration, odors, or other similar nuisances; and
f. Any other relevant impact on the peace, quiet, comfort, and enjoyment by and of the abutting properties and the surrounding community.
F. The community development director or designee shall provide the applicant with a written decision approving, denying, or approving the application with modifications and/or conditions of approval, within 10 days after the date of submission of a complete application. (Ord. 24-660 § 20 (Exh. B); Ord. 23-652 § 77 (Exh. A); Ord. 16-482 § 2 (Exh. F); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.080 Variances.
A. The intent of this section is to provide an avenue of relief where, by reason of exceptional configuration, or by reason of other unique and extraordinary situations or conditions existing on a piece of property, the strict application this title would result in peculiar, exceptional and undue hardship upon the owner of such property, which was not the result of actions of the applicant, property owner or a previous property owner or agent.
B. Administrative variance shall not relieve an applicant from any of the procedural provisions of this title, conditions of approval established during prior permit review, any of the provisions of the critical areas code, except for the required buffer widths. The variance process shall not allow the establishment of a use that is not otherwise permitted in the zoning district in which the proposal is located, nor allow an increase in density or reduction in the standard lot size.
C. Administrative Variances. The community development director or designee shall have the authority to grant an administrative variance for up to 20 percent of the numerical standard for building setbacks from lot lines, lot coverage, and impervious surface coverage as provided in this title.
1. An administrative variance is a Process II application type and subject to all the procedural requirements applicable to this application type.
a. Applications for administrative variances shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form and the application fee, as set forth in the city of Edgewood fee schedule. An applicant shall provide sufficient facts and evidence to enable the community development director or designee to make a decision.
b. Applications for administrative variances shall be filed with the community development department.
2. The community development director or designee may grant an administrative variance if it is shown that it:
a. Does not detract from the desired character and nature of the vicinity in which it is proposed; and
b. Enhances or protects the character of the neighborhood and/or the vicinity by protecting natural features, historic sites, open space, or other resources; and
c. Does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; and
d. Does not constitute a threat to the public health, safety and general welfare within the city; and
e. Is the minimum adjustment necessary for the reasonable use of the land.
3. Authorization of an administrative variance shall be void after a period of one year unless the use is begun within that time or substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the community development director or designee, extend authorization for six additional months upon request, provided such request is submitted in writing at least 30 days but not more than 60 days prior to expiration of the permit with payment of appropriate fees as set forth in the city of Edgewood fee schedule.
D. Variances. The hearing examiner shall have the authority to grant a variance when some exceptional physical condition related to a parcel of land results in unnecessary hardship from the strict application of certain development provisions and is preventing the owner from using the property as intended by this title. Any variance granted shall be the minimum adjustment necessary for the reasonable use of the land.
1. A variance is a Process III application type and subject to all the procedural requirements applicable to this application type.
a. Applications for variances shall be on the form prescribed by the community development department and shall include all of the information and materials required by the application form and the application fee, as set forth in the city of Edgewood fee schedule. An applicant shall provide sufficient facts and evidence to enable the hearing examiner to make a decision.
b. Variance applications shall be filed with the community development department. The variance application shall be reviewed and circulated for comment by city staff.
2. A variance shall only be granted after the hearing examiner has reviewed the proposed use and has made written findings that the standards and criteria set forth below have been met or can be met subject to conditions of approval:
a. Unique circumstances or conditions exist that are applicable to the land or buildings for which a variance is sought. Said circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the area. The hearing examiner may consider legal, nonconforming aspects of existing structures for the purpose of this finding.
b. There must be proof of undue hardship if the variance is not granted. It is not sufficient proof of hardship to show that a greater profit would result if a variance were granted; nor shall loss of value be a valid reason to grant a variance. Furthermore, the hardship cannot be self-created, nor can it be created by one who purchases property with or without the knowledge of restrictions present. The hardship must result from the strict application of this title and be suffered directly by the property in question. Evidence of a variance granted under similar circumstances shall not be considered as a solely sufficient cause to grant hardship relief.
c. The granting of the variance is necessary for the development of a parcel of land, that in conjunction with adjacent land in the same ownership, is not otherwise reasonably capable of development and use under the provisions of this title, and the variance granted is the minimum variance that will accomplish this purpose.
d. The granting of the variance shall be consistent with the comprehensive plan and in agreement with the general purpose and intent of the regulations imposed by this title.
e. The granting of the variance shall neither be injurious to the neighborhood or community, nor otherwise detrimental to the public welfare.
f. The granting of the variance will not confer upon the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the area.
g. The granting of the variance will not permit the establishment of any development or use which is not permitted by the title.
3. Authorization of a variance shall be void after a period of one year unless substantial construction or action pursuant thereto has taken place. However, the city may, at the discretion of the community development director or designee, extend authorization for an additional six months upon request, provided such request is submitted in writing at least 30 days but not more than 60 days prior to expiration of the permit with payment of appropriate fees as listed in the current fee schedule. (Ord. 23-652 §§ 78, 79, 80 (Exh. A); Ord. 15-448 § 2 (Exh. A); Ord. 03-203 § 1).
18.50.090 Development agreement.
Repealed by Ord. 17-497. (Ord. 16-482 § 2 (Exh. F); Ord. 07-285 § 1).
18.50.095 Planned residential developments.
Repealed by Ord. 17-514. (Ord. 14-416 § 2 (Exh. A)).