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

18.07.035    Stormwater LID priority.

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    Accessory structures – Fences, arbors, pergolas and trellises.

18.07.130    Trash and recycling enclosures.

18.07.135    Mechanical screening.

18.07.136    Noise control.

18.07.137    Alternative energy systems.

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/pet daycare.

18.07.190    Garbage, trash and noxious/destructive plants.

18.07.200    Junk and junk yards prohibited.

18.07.205    Storage of firewood.

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.

18.07.245    Vacant or uninhabited commercial property.

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18.07.340    Repealed.

18.07.345    Animals – Outdoor accessory services and/or uses.

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18.07.365    Repealed.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    Repealed.

18.07.510    Adult entertainment standards.

18.07.512    Recreational marijuana facilities.

18.07.515    Repealed.

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.

Temporary 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

18.07.035 Stormwater LID priority.

Where stormwater low impact development requirements compete with land use development standards the land use standards take precedence within the Central Issaquah Area, and on-site stormwater LID requirements take precedence in all other areas of the City; provided, that in the Central Issaquah Area stormwater LID requirements will be considered to the maximum extent feasible. (Ord. 2783 § 5 (Exh. A5.e), 2016).

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 may project up to eighteen (18) inches into any required setback:

1.    Functioning chimneys;

2.    Flues;

3.    Belt courses;

4.    Sills;

5.    Pilasters;

6.    Ornamental features;

7.    Cornices;

8.    Eaves;

9.    Gutters;

10.    Dormer extensions and greenhouse or bay windows; provided, that the structure does not exceed thirty (30) percent of the facade and does not increase the floor area of the building; and

11.    Repealed by Ord. 2553.

12.    Similar structures.

E.    Decks, Porches, Patios, Walkways and other Minor Structural Elements: See Accessory Structures (IMC 18.07.110, Accessory structures – Uninhabitable) for setback information. See Fences, Arbors, Pergolas and Trellises (IMC 18.07.120, Accessory structures – Fences, arbors, pergolas and trellises) for fence, arbor, pergola and trellis setback information.

F.    Exceptions for Energy Efficiency: Where allowed by building code and fire code minimum fire separation distance requirements, exterior insulation may be added such that the exterior wall projects up to four (4) inches into any required setback.

G.    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).

H.    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. 2664 § 4 (Exh. A3), 2012; Ord. 2562 § 4 (Exh. B3), 2009; Ord. 2553 § 4 (Exh. B3), 2009; 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 Chapter 13.28 IMC require the use of pavers, paving, and/or other hard-surfaced permeable materials and other low impact development measures as the preferred and commonly used approach if feasible. 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 native soil area:

1.    Twenty-five (25) percent for nonresidential uses and multifamily; and

2.    Thirty (30) percent 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. 2783 § 5 (Exh. A5.a), 2016; Ord. 2546 § 3, 2008; 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 subsection (B)(4) of this section. 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.    Solar panels or arrays, provided all the following criteria are met:

(1)    The solar panel or array is not within a required setback, or on a structure within a required setback;

(2)    The height of the solar panel or array is the minimum necessary to generate usable energy;

(3)    The solar panel or array shall not cause excessive glare or reflections so as to constitute a hazard to pedestrians and/or vehicular traffic;

(4)    The support structure of a roof-mounted solar panel or array is screened by extended parapets or other architecturally integrated screening; and

(5)    The solar panel or array complies with the approval criteria in IMC 18.07.137, Alternative energy systems;

j.    Additional insulation for the purpose of increasing building energy efficiency which raises the height of the roof provided the height increase is no more than eight (8) inches.

k.    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. 2664 § 4 (Exh. A3), 2012; Ord. 2558 § 4 (Exh. B3), 2009; 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 shall provide nonmotorized facilities consistent with this section. Changes to existing multifamily residential and nonresidential developments that are nonconforming to these requirements shall be addressed by Chapter 18.08 IMC, Nonconforming Situations. 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 and Tree Preservation. 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. 2549 § 2, 2009; 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.

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 § 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

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

14 feet from grade

14 feet from grade;

For parking structures: 12 feet from driving surface for open top decks of parking structures

30 feet from grade if site is 5 acres or larger;

25 feet from grade for sites less than 5 acres;

14 feet from grade for fixtures within 100 feet of residential districts or in areas subject to Olde Town Design Standards;

For parking structures: 12 feet from driving surface for open top decks of parking structures

20 feet from grade;

14 feet from grade for fixtures within 100 feet of residential districts or in areas subject to Olde Town Design Standards;

For parking structures: 12 feet from driving surface 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. 2613 § 3 (Exh. B2), 2011; 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.    Cisterns and Rain Barrels: Rain barrels, cisterns, and other rainwater catchment systems may intrude into a required setback as follows:

a.    Elements are not permitted in the front setback.

b.    Elements which are less than fifty-four (54) inches above finished grade and contain up to six hundred (600) gallons may intrude into a side or rear setback a distance no greater than twenty (20) percent of that setback, keeping at least three (3) feet of undisturbed setback.

c.    Elements which are greater than fifty-four (54) inches above finished grade or contain over six hundred (600) gallons shall comply with side and rear setbacks.

13.    Easements: Accessory structures are not permitted in public utility or access easements. (Ord. 2664 § 4 (Exh. A3), 2012; 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 Accessory structures – Fences, arbors, pergolas and trellises.

A.    Review Required: A development proposal for a fence, arbor, pergola or trellis as part of a new commercial, mixed use or multifamily residential project is reviewed with the development proposal as governed by the Table of Permitted Land Uses (IMC 18.06.130).

1.    Fences: May be built up to eight (8) feet in height in commercial districts and up to six (6) feet in height in residential districts. Fences in excess of these heights are reviewed as an Administrative Adjustment of Standards governed by the Level 2 review process (IMC 18.04.400(B), Thresholds – Level 2).

2.    Arbor, Pergola or Trellis: A proposal for an arbor, pergola or trellis over eight (8) feet in height or with over a forty (40) square foot footprint in area, measured on a horizontal roof plane inclusive of eaves, is reviewed as governed by the Level 2 review process (IMC 18.04.400(B), Thresholds – Level 2). Both the sides and the roof of the arbor must be at least fifty (50) percent open, or, if latticework is used, there must be a minimum opening of two (2) inches between crosspieces.

B.    Height:

1.    Conservancy Recreation and Residential Districts: Fences up to six (6) feet in height or arbors, pergolas and trellises over eight (8) 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 Districts: Fences, arbors, pergolas or trellises up to eight (8) feet in height are permitted in commercial 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 seven (7) feet in height, or any trellis, pergola or arbor over eight (8) feet in height or with more than a forty (40) square foot footprint.

6.    Measurement: The height of a fence, trellis, pergola, arbor or wall shall be measured from whichever side of 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).

7.    Vegetation supported by an arbor, pergola or trellis can grow over the height limit; however, sight distance requirements must be met.

C.    Preferred Materials: Wood, brick, stucco, or wrought iron are preferred fencing, arbor, pergola or trellis 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 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 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. 2687 § 3 (Exh. A), 2013; Ord. 2587 § 3 (Exh. B2), 2010; Ord. 2562 § 4 (Exh. B3), 2009; Ord. 2552 § 10, 2009; 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.

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 (2). 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. (Ord. 2670 § 2 (Exh. A), 2013; Ord. 2462 § 22, 2006; Ord. 2301 § 2, 2001).

18.07.136 Noise control.

A.    WAC Sections Adopted by Reference: The City adopts the following sections of Chapter 173-60 WAC, as now existing or hereinafter amended, by reference:

WAC

173-60-020    Definitions.

173-60-030    Identification of environments.

173-60-040    Maximum permissible environmental noise levels.

173-60-050    Exemptions.

B.    No mechanical equipment shall be operated so as to produce noise in levels above the limits specified in subsection A of this section 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 Development Services 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.

C.    Emergency Situations: The provisions of this section do not apply in an emergency as defined by the City’s Comprehensive Emergency Management Plan. (Ord. 2670 § 2 (Exh. A), 2013).

18.07.137 Alternative energy systems.

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

1.    Promote clean energy production by citizens and businesses;

2.    Ensure that alternative energy structures are compatible with the principal structure and development on adjacent properties;

3.    Provide options to traditional energy use; and

4.    Promote reduction of energy use within the City.

B.    General Approval Criteria: Alternative energy systems shall meet all of the following criteria:

1.    Setbacks: Alternative energy systems shall not be located within any building setback or required setback.

2.    Compliance with International Building Code: Any installation of an alternative energy system shall comply with any and all applicable provisions of the International Building Code.

3.    Compliance with National Electrical Code: Any installation of an alternative energy system shall comply with any and all applicable provisions of the National Electrical Code.

4.    Utility Notification: No alternative energy system shall be installed unless evidence has been provided to the City of Issaquah that the utility company has been informed of the customer’s intent to install an interconnected customer-owned power generation system. Off-grid systems shall be exempt from this requirement.

C.    Geothermal Alternative Energy Approval Criteria: In addition to the approval criteria established in subsection (B) of this section, geothermal alternative energy systems shall comply with the following standards:

1.    Location:

a.    Ground-source: Geothermal alternative energy systems (geothermal systems) shall be located entirely within the subject property, or within appropriate easements.

b.    Water-source: The heat-exchanger part of a geothermal system may be located within Lake Sammamish. No portion of a geothermal system shall be located within a stream.

2.    Critical Aquifer Recharge Area: Geothermal systems within the critical aquifer recharge area (CARA) shall comply with all requirements of IMC 18.10.796, Critical aquifer recharge areas (CARAs). Vertical or deep-bore geothermal systems are not permitted within Class 1 CARAs.

3.    Installation: Installation of geothermal systems shall comply with all Building Department requirements, and applicable state laws and codes.

4.    System Design: Open-loop geothermal systems are prohibited.

D.    Wind Alternative Energy Approval Criteria: In addition to the approval criteria established in subsection (B) of this section, wind alternative energy systems shall comply with the following standards:

1.    Purpose: Wind alternative energy systems (wind turbines) are allowed as an educational demonstration project to determine how the use of small wind turbines may affect the demonstration project site, surrounding properties, and the city as a whole.

2.    Location: Wind turbine demonstration projects shall be located only in zones where expressly permitted by IMC 18.06.130, Table of permitted land uses. Wind turbines shall not be located in residential zones.

3.    Setbacks: Wind turbine demonstration projects shall be set back a minimum of one hundred (100) feet from the property line of any existing residential use.

4.    Size of system: The maximum diameter of rotor blades shall be no more than ten (10) feet.

5.    Clearance of blades: No part of a wind turbine shall extend within fifteen (15) feet of the ground. No blades shall extend over parking areas, driveways, or sidewalks. (Ord. 2558 § 4 (Exh. B3), 2009).

Nuisance/Safety

18.07.140 Animals – Maintenance of agricultural animals in residential district.

No livestock or other agricultural animals shall be kept outdoors in residential zoning districts unless all of the following approval criteria are met for the following lot sizes, either on one (1) lot or a combination of adjacent lots within one (1) ownership:

A.    Six Thousand (6,000) to Thirty-Five Thousand (35,000) Square Foot Lots:

1.    The structure to house the animal(s) shall be set back from the property lines consistent with IMC 18.07.360, District standards table;

2.    The animal(s) is kept within a fenced area at least five (5) feet from the property line(s), or the fence may be on the property line(s) with the use of solid fencing;

3.    Animals kept on the site shall be limited to chickens (no roosters), rabbits, squab, or ducks; and

4.    Animals kept on the site shall not exceed one (1) animal per two thousand (2,000) square feet of lot area.

B.    Thirty-Five Thousand (35,000) Square Foot or Greater Lots:

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

2.    The animal(s) is kept within a fenced area at least twenty-five (25) feet from the property line(s);

3.    Animals kept on the site shall not exceed the following limits:

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;

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

c.    Chickens, Rabbits, Ducks, or Squab: One (1) animal per two thousand (2,000) square feet of lot area; and

d.    All Other Animals: Sheep, goats, turkeys, 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, and three (3) turkeys, or fifteen (15) total = fifteen (15) sheep only). (Ord. 2553 § 2 (Exh. B1), 2009; 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:

1.    The number of allowed agricultural animals based on lot size per IMC 18.07.140, Animals – Maintenance of agricultural animals in residential district;

2.    The number of domestic animals or household pets within the following zoning districts, as follows:

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

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

c.    All Other Zoning Districts: Not to exceed two (2) mature household pets;

d.    Offspring of domestic animals or household pets residing in the home shall be allowed until they have reached maturity. At that time, the maximum number of animals for the lot shall not be exceeded. (Ord. 2553 § 2 (Exh. B1), 2009; 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 square

> 2 hives

3.

10,001 to 20,000 square feet

> 4 hives

4.

20,001 to 43,560 square feet (.46 ac to 1 ac)

> 10 hives

5.

35,001 to 65,340 square feet (1 ac to 1.5 ac)

> 20 hives

6.

1.5 to 5.0 acres

> 25 hives in urban areas

7.

5.01 to 10.0 acres

> 40 hives in urban areas

8.

10.01 >

> 60 hives as a rural or mountain honey foraging site, or 60 or more hives as a 30-day collection site for truck access in spring and fall

B.    Hive Placement Requirements:

1.    Hives shall be at least twenty-five (25) feet from a property line, with the hive(s) entrance(s) facing away from or parallel to the nearest property line.

2.    Hives may be less than twenty-five (25) feet from a property line if placed behind a six (6) foot high fence, which shall extend at least twenty-five (25) feet beyond the hive(s) in both directions. The fence shall direct bee flight into the air at least six (6) feet before the bees cross the property line. The fence or obstruction may occur on the adjoining property; provided, that bee flight is not directed in the vicinity of recreational decks or entrances to housing or buildings on adjoining properties. In lieu of a fence, the hive(s) may be placed at least eight (8) feet above adjacent ground level, and comply with the remaining placement requirements.

3.    A hive(s) adjacent to public roads shall comply with placement requirements in such a manner as to direct bee flight at least twenty (20) feet into the air over the road surface. In lieu of this requirement, a hive(s) shall be placed at least one hundred (100) feet from the road right(s)-of-way, with the entrance(s) parallel thereto.

C.    Hive, Apiary Management Requirements:

1.    Hive(s) shall be registered with the Department of Agriculture and comply with Chapter 15.60 RCW and rules adopted thereunder; and

2.    All hives shall consist of moveable frames and combs, unless exempted by the Department of Agriculture as an educational exhibit; and

3.    Hives shall be managed for swarm prevention and gentleness; and

4.    Hives shall be requeened at least bi-annually to prevent swarming. Annual requeening is strongly recommended; and

5.    Hives shall be requeened if bee behavior is likely to cause a nuisance; and

6.    A consistent source of water shall be provided at the apiary unless it occurs naturally within three hundred (300) yards. The water may be “sweetened” with mineral salt or chlorine to enhance its attractiveness. This requirement is intended to discourage bee visitation at swimming pools, hose bibs, animal watering sources, bird baths or where people congregate; and

7.    Apiaries shall be managed and kept in a clean and orderly manner and appearance to prevent a nuisance; and

8.    An apiary(s) shall be identified by placing a sign so it is visible to passersby. Sign lettering shall be a minimum of two (2) inches in height and shall include the name, state issued identification number, and telephone number of the owner. Signs shall be placed in a manner to make them conspicuous to anyone approaching the apiary. In lieu of signing, a hive may be identified by displaying the identification number and telephone number of the owner in at least two (2) inch characters on the sides and tops of some colonies in each apiary. The characters shall be in a color which contrasts with the color of the hive(s), and be conspicuous to anyone approaching the apiary. An apiary(s) located at the owner’s residence is exempt from marking requirements.

D.    Nuisance: Bees shall be considered a nuisance when any of the following occurs:

1.    Colonies of bees are defensive or exhibit objectionable behavior, or interfere with the normal use of property, or the enjoyment of persons, animals or property adjacent to an apiary(s); or

2.    Colonies of bees swarm; or

3.    Hives of bees do not conform to this Code; or

4.    The hive(s) becomes deceased, as defined by the Department of Agriculture; or

5.    The hive(s) becomes abandoned.

E.    Violations: Reported or visible violations may be corrected by order of the City within which they occur according to established procedures, or by the Department of Agriculture. The City may request the services of the Department of Agriculture to investigate violations or to determine and suggest appropriate corrective measures. Penalties may be levied by the City according to local ordinance or procedures, or by the Department of Agriculture. (Ord. 2108 § 7.2.11.3, 1996).

18.07.170 Animals – Exotic animals.

A.    Nontraditional Pets: Exotic animals which have become nontraditional pets are not permitted within the City if they could pose a public threat or have an obnoxious nature which is a nuisance to the adjacent neighborhood. Such pets may include, but are not limited to, snakes, pigeons, pot bellied pigs, miniature horses, and ferrets.

B.    Zoological Park – Approval Criteria: Exotic animals within a permitted and licensed zoological park facility are permitted, as established in the Table of Permitted Land Uses (IMC 18.06.130) if all of the following approval criteria are met:

1.    State/Federal Regulations: The zoological park must comply with all state and federal laws for the procurement of, and possession of, animal specimens as provided for by, but not limited to, the U.S. Department of Agriculture and the U.S. Fish and Wildlife Service;

2.    Fencing: The fencing around the perimeter of the zoological park is not greater than eight (8) feet in height; and

3.    Size: The parcel is at least two and one-half (2.5) acres in size:

a.    Zoological parks on parcels less than seven and one-half (7.5) acres yet greater than or equal to two and one-half (2.5) acres are permitted as established in the Table of Permitted Land Uses;

b.    Zoological parks on parcels less than two and one-half (2.5) acres are not permitted. (Ord. 2108 § 7.2.11.4, 1996).

18.07.180 Animals – Veterinary clinic/boarding kennel/pet daycare.

A.    All veterinary clinics and boarding kennels that are developed after the effective date of this Code shall provide only indoor boarding facilities. If overnight boarding services are to be provided, the facilities must be soundproofed to minimize noise impacts to the surrounding properties.

B.    Veterinary clinics and pet daycares within any allowed zoning district, except for the R (Retail) and IC (Intensive Commercial) zoning districts, shall have all accessory services and/or uses located indoors.

C.    Veterinary clinics and pet daycares located within the R (Retail) and IC (Intensive Commercial) zoning districts and boarding kennels located in any allowed zoning district may have outdoor accessory services and/or uses, such as animal exercise areas, subject to the following conditions:

1.    When abutting a residential zone, the outdoor area shall be:

a.    Located within an interior courtyard completely surrounded by building walls; or

b.    Enclosed by a solid fence and reviewed as an Administrative Adjustment of Standards governed by the Level 2 Review process (IMC 18.04.400(B), Thresholds – Level 2). See IMC 18.07.345, Animals – Outdoor accessory services and/or uses.

2.    When not abutting a residential zone, the outdoor area shall be:

a.    Located within an interior courtyard completely surrounded by building walls; or

b.    Enclosed by a solid fence no less than six (6) feet tall which shall not be located within a required setback and screened per IMC 18.12.060, Schedule – Landscape types by land use district.

3.    Outdoor accessory services and/or uses shall be restricted to the hours of 7:00 a.m. to 9:00 p.m. (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 2108 § 7.2.11.5, 1996).

18.07.190 Garbage, trash and noxious/destructive plants.

It is a violation of this Code to accumulate or dump garbage or trash on any property within the City. Dumping or accumulation of yard waste is also prohibited, unless the property owner is composting this horticultural material. Accumulation of noxious/destructive plants, such as purple loosestrife and invasive forms of ivy, on any property is also a violation of this Code. (Ord. 2108 § 7.2.12, 1996).

18.07.200 Junk and junk yards prohibited.

It is a violation of this Code to accumulate junk, scrap and/or waste material; or for a property owner, or the person in control of the property, to allow junk, scrap and/or waste material to accumulate on any property within the City unless for the purposes of periodic recycling. Junk yards are not permitted in the City. (Ord. 2108 § 7.2.13, 1996).

18.07.205 Storage of firewood.

In residential areas, firewood shall be neatly stacked and elevated off of the ground so that air can circulate underneath. The firewood stack shall not be more than six (6) feet in height and shall be kept in a side or rear yard. Screening from the adjacent properties is encouraged. (Ord. 2746 § 7 (Exh. C), 2015).

18.07.210 Parking and storage of vehicles and boats.

A.    Purpose and Intent: The purpose of this section is to establish standards for outdoor residential uses, storage and activities related to motor vehicles and nonmotorized vehicles. These standards are intended to protect property values by reducing visual blight, aid in emergency access and fire safety, guard against the creation of rodent and pest harborage, and reduce the impact on the natural environment from the leaking of motor vehicle fluids.

B.    Parking of Vehicles and Boats in Right-of-Way: It is unlawful for any person to park and/or permit any other person to park a recreational or utility vehicle, boat or trailer that intrudes into the public right-of-way or obstructs visibility from adjacent driveways or street corners.

C.    Disabled or Unlicensed Vehicles and Boats: It is unlawful for any person to keep, store or park, or to permit any other person to keep, store or park, any disabled vehicle or boat, or unlicensed vehicle or boat, on any privately owned residential property within the City unless that vehicle or boat is stored and parked outside public view within a fully enclosed building at all times. Auto or boat repair shops may have disabled licensed vehicles or boats on the premises which are being repaired, but these vehicles or boats shall not be parked clearly within public view or in the right-of-way.

D.    Vehicle as Dwelling Unit: It is unlawful for any person to use any parked or stored recreational or utility vehicle as a permanent or temporary dwelling unit; provided, however, temporary guests who travel in a recreational or utility vehicle may reside in the vehicle on the host’s premises on a temporary basis not to exceed thirty (30) days in any one (1) year, and so long as such vehicle is not parked in the right-of-way, or obstructing visibility from adjacent driveways or street corners.

E.    Appearance: All recreational, commercial and utility vehicles and boats shall be maintained in a clean, well-kept condition which does not detract from the appearance of the surrounding area. Vehicles and boats which are kept on-site shall be operational and currently registered and licensed.

F.    Vehicles in Residential Areas:

1.    Commercial: It is unlawful for any person to park or store commercial vehicles in residential areas. This provision does not apply to temporary parking for delivery, pick up, moving or service activities. For the purpose of this section, a “commercial vehicle” is defined as a vehicle of a size and weight that is not typically found in a residential area; for example, a typical home use pickup truck with a commercial logo on the side would be permitted. However, semi-trucks, semi-cabs, tractor trailers or heavy equipment would not be permitted to be parked or stored in a residential area. Heavy equipment may be parked on a site that is in the process of being developed.

2.    Recreational: Travel trailers, campers, or motor homes may be parked in a residential area, as long as the vehicle complies with the provisions of this code. The vehicle shall be kept in a side or rear setback and screening from the adjacent properties is encouraged. If the vehicle cannot be stored in a side or rear setback due to site constraints, the vehicle shall be parked off-site during those extended times when not in use.

3.    Motorized Vehicles such as Cars, Trucks, Recreational Vehicles, and Motorcycles: Shall not be permitted to park in the pervious surface areas of front or streetside setbacks of a residential use property. Exceptions: driveways, carports, garages.

G.    Boats and Boat Trailers, Flatbed Trailers, Hauling Trailers, and Similar Vehicles: Boats and boat trailers, flatbed trailers, hauling trailers, and similar vehicles shall not be stored or parked in the front vegetated landscaping of a residential area, unless parked in the driveway, carport or garage. If the boat and/or trailer is parked in a driveway, screening from adjacent properties is encouraged. Canoes and kayaks are not required to be sight screened. (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 2552 § 5, 2009; Ord. 2405 § 15, 2004; Ord. 2301 § 2, 2001; Ord. 2108 § 7.2.14, 1996).

18.07.220 Vehicular and engine repair.

Motor vehicle repair or modification, and engine repair or overhauling is not permitted in residential districts unless this occurs within an enclosed structure. This section does not apply to occasional and unavoidable minor or emergency repairs to one’s personal vehicle. The intent of this regulation is to prohibit weekly vehicle repair for friends and/or relatives at an individual residence. (Ord. 2108 § 7.2.15, 1996).

18.07.230 Visibility at street intersections.

There shall be no structure or planting which materially obstructs traffic visibility or creates a hazardous traffic situation at street intersections. Additional policies and design standards for intersections are in the adopted Issaquah Standards and Specifications: Streets and Related Work. (Ord. 2108 § 7.2.16, 1996).

18.07.240 Undeveloped property – Habitation prohibited.

No parcel of land shall be inhabited or occupied for purposes of sleeping, eating and the like during the hours of 11:00 p.m. to 7:00 a.m. unless such property is legally improved with a safe structure meeting all minimum ordinance and Building Code requirements and intended to accommodate such a use; and provided, that such activities are being conducted within said structure. (Ord. 2108 § 7.2.17, 1996).

18.07.245 Vacant or uninhabited commercial property.

A.    Purpose and Intent: The purpose of this section is to establish standards for vacant or uninhabited commercial properties. These standards are intended to reduce visual blight, aid in emergency access and fire safety, guard against the creation of rodent and pest harborage, and reduce the impact on the natural environment from noxious weeds.

B.    Parking and/or Storage of Vehicles: The parking and/or storage of motor vehicles, trailers, carts, or other vehicles on vacant or uninhabited commercial property is prohibited, unless the property meets one of the following criteria:

1.    The land use of the property is established as a commercial parking lot (see IMC 18.06.130, Table of Permitted Land Uses); or

2.    The property is enclosed by a fence and landscaping in accordance with IMC 18.12.110, Additional landscape requirements for outdoor storage.

C.    Maintenance and Security of Structures: Vacant or uninhabited structures shall be secured by use of appropriate locks, physical barriers such as plywood sheeting, or other methods to ensure that the structure(s) are secure and accessible only to the property owner and/or their agent. Plywood or other physical barriers shall be painted to match the primary color of the structure. Structures shall be maintained in a condition such that they are not a fire hazard, in danger of structural failure, or in violation of codes as adopted under IMC Title 16, Buildings and Construction, or any other applicable section of the IMC.

D.    Maintenance of Land:

1.    Vacant or uninhabited commercial properties shall be maintained to remove litter, garbage and yard waste, and control noxious/destructive plants in accordance with IMC 18.07.190, Garbage, trash, and noxious/destructive plants.

2.    Weeds, grass, and other plants shall not exceed twenty-four (24) inches in height above grade, unless such plant is part of an approved landscape plan, or is a tree as defined under IMC 18.12.030, Definitions.

E.    Fencing: Vacant properties may have a fence in accordance with IMC 18.07.120, Accessory structures – Fences, arbors, pergolas and trellises. Fencing shall be properly installed and maintained in good condition. Fences shall be located interior of any perimeter landscaping. (Ord. 2596 § 4 (Exh. B3), 2010).

Administrative Adjustment of Standards

18.07.250 Administrative adjustment of standards.

Administrative adjustment of standards identified for the following development and design standards: height; home occupation; senior housing adjustment for special needs/affordable housing; accessory dwelling units; setbacks; animals – outdoor accessory services and/or uses; and other standards not identified. (Administrative adjustment of standards for parking, signs, downtown signs, and landscaping are addressed in Chapters 18.09 and 18.11 IMC, IMC 18.11.600 et seq. and Chapter 18.12 IMC, respectively.) (Ord. 2587 § 3 (Exh. B2), 2010; Ord. 2301 § 2, 2001; Ord. 2152 § 3, 1997; Ord. 2108 § 7.2.18, 1996).

18.07.260 Purpose.

The purpose and intent of administrative adjustment of development standards is to provide the flexibility to modify standards in all zoning districts at the administrative level. Approval must be based on a determination that the adjustment is consistent with the purpose and intent of this Code and of the development standards. This provision requires a Level 2 Review (Chapter 18.04 IMC) regardless of street frontage or parcel size, with public notification to adjacent property owners. (Ord. 2228 § 3, 1999; Ord. 2108 § 7.2.18.1, 1996).

18.07.270 Process.

The Planning Director/Manager has the authority to make the final decision regarding administrative adjustment of standards for all levels of review. The Director/Manager shall consider the application information regarding the approval criteria which has been provided by the applicant and any public comment which has been received within the comment period. The Director/Manager may request input from the Chair of the Development Commission during the comment period; however, this is not required. The Planning Director/Manager’s decision on the administrative adjustment of standards is final unless appealed. Appeals to a Level 2 Review/administrative adjustment of standards decision are made to the Hearing Examiner (further appeals to King County Superior Court). (Ord. 2108 § 7.2.18.2, 1996).

18.07.280 Prohibited standards.

No administrative adjustment may be made for the following projects, standards or requirements except as permitted with the purchase of transfer of development rights and the associated limits defined in IMC 18.10.2050(B), Application, Process and Procedures for Using TDRs:

A.    Density;

B.    Impervious surface requirement;

C.    Pervious surface requirements;

D.    Land uses as permitted or prohibited in the Table of Permitted Land Uses (Chapter 18.06 IMC);

E.    Any standard, requirement or provision that is not subject to review through this Code;

F.    Building height adjustments over fifty (50) feet without an approved Site Development Permit. (Ord. 2434 § 3, 2005; Ord. 2280 § 1, 2000; Ord. 2228 § 3, 1999; Ord. 2108 § 7.2.18.3, 1996).

18.07.290 Applicability.

Administrative adjustment of standards may include setbacks, height, or other development standards governed by Chapter 18.07 IMC, with the exception of those standards specifically prohibited for administrative adjustment. This also applies to the Downtown Sign Code, IMC 18.11.600 et seq. The following is a listing of potential development standard adjustments and the individual approval criteria. (Ord. 2152 § 3, 1997; Ord. 2108 § 7.2.18.4, 1996).

18.07.300 Height.

A.    Purpose: The purpose of this section is to allow administrative adjustment of the height standards established in IMC 18.07.360, in order to accomplish one or more of the following objectives:

1.    Enhance the architectural design by: a) modulating the roof of the structure through varied heights or pitches, or b) allowing parapets, gables, bell/clock towers or other features;

2.    Allow “subgrade” or “under building” parking;

3.    Allow floodwaters to flow beneath the structure in conformance with City and other environmental regulations.

B.    Increased Height: Building height may be increased from the base height, in any increment, up to the maximum height (District Standards Table, IMC 18.07.360), but no more than the maximum height when certain conditions are met. The approval criteria for increasing the building height up to and including fifty (50) feet are established in IMC 18.07.355(A). The approval criteria for increasing the building height up to and including fifty-eight (58) feet are established in IMC 18.07.355(B). The approval criteria for increasing building height up to and including sixty-five (65) feet are established in IMC 18.07.355(C). The approval criteria for increasing building height in the Mineral Resource Zone are established in IMC 18.07.355(D). (Ord. 2280 § 2, 2000; Ord. 2233 § 12, 1999; Ord. 2228 § 3, 1999; Ord. 2108 § 7.2.18.5, 1996).

18.07.310 Home occupation standards.

A.    Purpose: The purpose of permitting the administrative adjustment to the home occupation standards (IMC 18.07.470) is to provide for flexibility and creativity for the encouragement of appropriate home occupations.

B.    Approval Criteria: The following approval criteria, in addition to the approval criteria for a Level 2 Review, shall be used to determine whether an administrative adjustment shall be granted for home occupation standards:

1.    The adjustment(s) will be equal to, or superior in, fulfilling the intent and purpose of the home occupation standards; and

2.    The adjustment(s) does not negatively impact the adjacent property owners; and

3.    The adjustment(s) shall provide consistency with the intent, scale and character of the zoning district involved. (Ord. 2108 § 7.2.18.6, 1996).

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

A.    Purpose: The purpose of permitting the Administrative Adjustment of the senior housing standards is to allow for occupancy of housing developed within senior housing standards (IMC 18.07.390) to persons with special housing needs, other than seniors, such as disabled or low income persons. This provision recognizes the relationship of “senior” occupancy to the “senior” parking standards and requires that housing for groups other than “seniors” shall meet the parking requirements for multifamily development, as established in the Table of Off-Street Parking Standards (IMC 18.09.050).

B.    Approval Criteria: The following criteria, in addition to the criteria for a Level 2 Review, are required in order to permit housing incentives for special housing needs and occupancy by persons other than seniors, such as disabled or low income persons:

1.    Funding: The development of the project is dependent upon funding sources which require, as a condition of funding, that provisions be made for disabled or low income persons or other population segment (other than seniors);

2.    Housing Ratio: Housing for disabled or low income persons or other segment of the population (other than seniors) may be no more than fifty (50) percent of the dwelling units within the senior housing development;

3.    Size of Units: The units which are not designated for seniors are not limited to nine hundred fifty (950) square feet in size, however, those units over nine hundred fifty (950) square feet shall not qualify for the density bonus provisions;

4.    Density Bonus/Parking Requirements: All units within the senior housing development, including the fifty (50) percent or less designated for other persons, may use the density bonus (IMC 18.07.390); however, only those units which are designated for “senior occupancy” are required to provide parking as established for senior housing in Table of Off-Street Parking Standards (IMC 18.09.050). Dwelling units for disabled or low income persons or other persons shall be required to provide parking requirements for multifamily development (IMC 18.09.050) unless an Administrative Adjustment for parking requirements is achieved (IMC 18.09.060);

5.    Contract Required: The units are reserved, by contract or other legal method, for the disabled or low income persons or other segment of the population (other than seniors). (Ord. 2108 § 7.2.18.7, 1996).

18.07.330 Setbacks.

A.    Purpose: The purpose of permitting the Administrative Adjustment of setback standards is to provide for flexibility in reducing or modifying setbacks in all zoning districts, without permitting a setback adjustment that would negatively impact the surrounding neighborhood. An adjustment to a setback may be approved based on a determination by the Planning Director/Manager that the adjustment is consistent with the purpose of this Code, the intent and purposes of the setback standards, and will accomplish one (1) or more of the following objectives:

1.    Allow buildings to be sited in a manner which maximizes solar access;

2.    Allow zero lot line, semidetached (common wall construction) or other types of cluster development in conformance with the provisions of this Code;

3.    Coordinate development with adjacent land uses and the physical features of the site;

4.    Permit flexibility in the design and placement of structures and other site improvements;

5.    Allow development consistent with the scale and character of the existing neighborhood;

6.    Provide flexibility for a site which has one (1) or more of the following constraints:

a.    Existing development which was permitted or platted under previous land use regulations; or

b.    A vacant site which had development approval or was platted under previous land use regulations; or

c.    Physical features of the site which prevent development that is compatible and consistent with the character and scale of the surrounding area, such as the unique site constraints in the older part of the City;

7.    Allow reduction of the required setbacks in order for the placement of the building to be adjusted on the lot for retention of existing significant trees.

B.    Approval Criteria: These setback standards are applicable in a residential, commercial, industrial or mixed use development, unless otherwise provided. These standards are not applicable to the Mineral Resource Zone. Setback standards for the Mineral Resource Zone are provided at IMC 18.07.525. These standards may be adjusted administratively through the approval of all the following criteria, in addition to the approval criteria for Level 2 Review:

1.    Compatibility: The adjustment of setbacks is compatible in scale and character with existing neighboring land uses; and

2.    Consistency: The proposed development meets all other development and design standards as governed by the District Standards Table and the Design Criteria Checklist, unless those standards are modified through approved:

a.    Cluster provisions; or

b.    An Administrative Adjustment of Standards; and

3.    Consistency with Zoning District: The adjustment of setbacks shall provide consistency with the intent and character of the zoning district involved; and

4.    Impacts:

a.    Adjacent Property Owner(s): The adjustment of setbacks does not negatively impact the adjacent property owners;

b.    Critical Areas: The adjustment of standards is consistent with the purpose and intent of the critical area regulations, and does not negatively impact any adjacent critical areas;

c.    Public Services: The adjustment of setbacks does not negatively impact public services, including emergency access, access to right-of-way, dedicated tracts, or easements; and

d.    Structure(s): Any structure(s) which is within the proposed setback modification area does not negatively impact the adjacent property through incompatible height, bulk, design, color or other feature; and

5.    Intent: The adjustment of standards will be equal to or superior in fulfilling the intent and purpose of the original requirements; and

6.    Impervious Surface Ratio: The required impervious surface area for the property is not exceeded; and

7.    Additional Approval Criteria for Front Setbacks for Commercial and Mixed Uses: All of the following additional approval criteria must be met in order to permit the modification to the front setback in commercial or mixed use developments:

a.    The area that would have been the front setback is used for a pedestrian area, such as landscaped walkways and benches, raised planters, plazas, public art with pedestrian viewing areas and seating, or other usable pedestrian open space; and

b.    This pedestrian area shall be part of the gross site and shall not include any dedicated or future right-of-way; and

c.    This pedestrian area shall be connected to adjacent pedestrian areas, or shall provide for connections if the adjacent parcels do not include pedestrian linkages; and

d.    The front of the building(s) on the site shall be designed to be pedestrian-oriented, such as a frontage which encourages window shopping or integration of the building(s) to the pedestrian area; and

e.    The pedestrian area shall be well lit and easily accessible to pedestrians; and

f.    Parking shall not be provided in front of the building; and

8.    Tree Retention: The adjustment allows for a reduction in the required setbacks in order for the placement of a building to be adjusted on the lot for the retention of existing significant trees. Significant trees retained through this provision shall be considered protected trees and not able to be removed without replacement. (Ord. 2546 § 3, 2008; Ord. 2233 § 13, 1999; Ord. 2108 § 7.2.18.8, 1996).

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

Recodified to IMC 18.07.525.

18.07.340 Temporary family member cottage.

Repealed by Ord. 2462. (Ord. 2108 § 7.2.18.9, 1996).

18.07.345 Animals – Outdoor accessory services and/or uses.

A.    Purpose: The purpose of permitting the Administrative Adjustment of animal standards is to provide for flexibility in designing outdoor accessory services and/or uses associated with veterinary clinics, boarding kennels, and/or pet daycares which abut residential zoning districts.

B.    Approval Criteria: The following criteria, in addition to the criteria for a Level 2 Review, are required in order to permit outdoor accessory services and/or uses:

1.    Consistency: The adjustment shall provide consistency with the intent, scale, and character of the zoning district involved;

2.    Fencing: The outdoor area shall be enclosed by a solid fence no less than six (6) feet in height. Chain link fences are prohibited;

3.    Location: The outdoor area shall not be located in the front setback;

4.    Impacts: The adjustment shall not negatively impact adjacent property owners by:

a.    Minimizing noise disturbance(s) by frequent or habitual howling, barking, or other noise making;

b.    Keeping the outdoor area clean of all waste products to minimize odors and maximize sanitation;

c.    Maintaining aesthetics by use of appropriate fencing materials and other screening. (Ord. 2587 § 3 (Exh. B2), 2010).

18.07.350 Other standards not identified.

Those standards and requirements which are not identified within this chapter may be reviewed for an Administrative Adjustment by the Planning Director/Manager, through the Level 2 Review, unless specifically prohibited through this chapter. The following approval criteria for Administrative Adjustments shall be used for those adjustments not specified by this Code, in addition to the Level 2 Review approval criteria:

A.    Consistency: The adjustment(s) shall provide consistency with the intent, scale and character of the zoning district involved;

B.    Impacts: The adjustment(s) does not negatively impact:

1.    Adjacent property owners;

2.    The safety of the general public;

3.    The visual character, scale and design compatibility of the surrounding area;

C.    Intent: The adjustment of the standard(s) will be equal to, or superior in, fulfilling the intent and purpose of the original requirement(s); and

D.    Additional Approval Criteria: Additional approval criteria, as may be specified by the Planning Director/Manager, based on best professional judgment and knowledge of the Administrative Adjustment requested. (Ord. 2108 § 7.2.18.10, 1996).

18.07.355 Building height adjustments.

A.    Increasing from the Base Building Height up to and Including Fifty (50) Feet – Increased Height from Base Height up to and Including Fifty (50) Feet Maximum: For those districts in which structures have a maximum height of up to and including fifty (50) feet, as established in the District Standards Table (IMC 18.07.360), the base height of those structures may be adjusted by the Planning Director/Manager through an Administrative Adjustment of Standards, if all of the following criteria are met in addition to the criteria for Level 2 Review:

1.    Building Design:

a.    The adjustment of height will enhance the architectural design by:

(1)    Modulating the roof of the structure through varied heights or pitches,

(2)    The use of varied exterior materials, or

(3)    Allowing parapets, gables, bell/clock towers or other features; and

b.    The gross floor area for each story above the base height is reduced by twenty-five (25) percent of the gross floor area of the story beneath it; or the percentage of pervious surface for the site is increased by ten (10) percent over the minimum for that zone; for example, a forty (40) percent pervious surface ratio for a site shall be increased to fifty (50) percent as a condition of approval for additional height;

c.    Design features, such as transparent windows and doors, artwork, fountains, street furniture, varied exterior materials, and/or landscape elements or plazas are used to give the ground floor of the building a pedestrian scale;

d.    Approved street trees are incorporated into the landscape design for the project;

e.    Highly reflective glass shall not exceed seventy (70) percent of the length of the first floor adjacent to pedestrian way;

f.    Solid walls on the first floors of buildings shall not exceed twenty (20) feet in length and shall be softened by a combination of design details, modulation and dense landscaping; and

g.    When the building is adjacent to a lower density residential zone, the maximum building height for the first thirty (30) feet from the property line shall be the maximum base building height of the adjoining lower density zone.

2.    Consistency with the Shoreline Management Program: If located within a Shoreline Management District, the height shall not exceed the limitations of the Shoreline Management Program.

3.    Sun and Shadow Analysis: Shadows created by the additional building height and bulk will not adversely affect the surrounding area. The Planning Director/Manager may require a sun/shadow analysis in order to determine if this criteria is met.

4.    Views: The taller structure will not significantly obstruct scenic corridors. The Planning Director/Manager may require a view analysis study in order to determine if this criteria is met.

B.    Increasing from the Base Building Height up to and Including Fifty-Eight (58) Feet – Increased Height from Base Height over Fifty (50) Feet and up to Fifty-Eight (58) Feet Maximum: In the MF-H, PO, CBD, R, MU and IC zoning districts, building height may be increased up to fifty-eight (58) feet (maximum) if a Site Development Permit has been approved for the project and when all of the following criteria are met:

1.    Building Design:

a.    The adjustment of height will enhance the architectural design by:

(1)    Modulating the roof of the structure through varied heights or pitches,

(2)    The use of varied exterior materials, or

(3)    Allowing parapets, gables, bell/clock towers or other features; and

b.    The gross floor area for each story above fifty (50) feet is reduced by twenty-five (25) percent of the gross floor area of the story beneath it; and

c.    At least fifty (50) percent of the required parking for the project is provided under the building or in structure parking; and

d.    Design features, such as transparent windows and doors, artwork, fountains, street furniture, varied exterior materials, and/or landscape elements or plazas are used to give the ground floor of the building a pedestrian scale; and

e.    Highly reflective glass shall not exceed seventy (70) percent of the length of the first floor adjacent to pedestrian way; and

f.    Solid walls on the first floors of buildings shall not exceed twenty (20) feet in length and shall be softened by a combination of design details, modulation and dense landscaping; and

g.    Approved street trees are incorporated into the landscape design for the project; and

h.    When the building is adjacent to a lower density residential zone, the maximum building height for the first thirty (30) feet from the property line shall be the maximum base building height of the adjoining lower density zone.

2.    Consistency with the Shoreline Management Program: If located within a Shoreline Environmental Designation, the height shall not exceed the limitations of the Issaquah Shoreline Master Program.

3.    Sun and Shadow: Shadows created by the additional building height and bulk will not adversely affect the surrounding area. The Planning Director/Manager may require a sun/shadow analysis in order to determine if this criterion is met.

4.    Views: The taller structure will not significantly obstruct scenic corridors. The Planning Director/Manager may require a view analysis study in order to determine if this criterion is met.

5.    Increased Pervious Surface Ratio: The percentage of pervious surface for the site is increased by ten (10) percent over the minimum for that zone; for example, a forty (40) percent pervious surface ratio for a site shall be increased to fifty (50) percent as a condition of approval for additional height.

6.    Trees: Clusters of trees will surround the buildings, and provide a visual break of the wall mass which balances the additional height and bulk of the building.

7.    All the approval criteria for Level 5 Review (IMC 18.07.660, Approval criteria).

C.    Increasing from the Base Building Height up to and Including Sixty-Five (65) Feet – Increased Height from Base Height over Fifty (50) Feet and up to Sixty-Five (65) Feet Maximum: In the MF-H, PO, CBD, R, MU and IC zoning districts, building height may be increased up to sixty-five (65) feet (maximum) if a Site Development Permit has been approved for the project and when all of the following criteria are met:

1.    Building Design:

a.    The adjustment of height will enhance the architectural design by:

(1) Modulating the roof of the structure through varied heights or pitches,

(2) The use of exterior materials, or

(3) Allowing parapets, gables, bell/clock towers or other features; and

b.    The gross floor area for each story above the base height is reduced by twenty-five (25) percent of the gross floor area of the story beneath it; and

c.    At least fifty (50) percent of the required parking for the project is provided under the building or in structure parking; and

d.    Design features, such as transparent windows and doors, artwork, fountains, street furniture, varied exterior materials, and/or landscape elements or plazas are used to give the ground floor of the building a pedestrian scale; and

e.    Highly reflective glass shall not exceed seventy (70) percent of the length of the first floor adjacent to pedestrian way; and

f.    Solid walls on the first floors of buildings shall not exceed twenty (20) feet in length and shall be softened by a combination of design details, modulation and dense landscaping; and

g.    Approved street trees are incorporated into the landscape design for the project; and

h.    When the building is adjacent to a lower density residential zone, the maximum building height for the first thirty (30) feet from the property line shall be the maximum base building height of the adjoining lower density zone.

2.    Consistency with the Shoreline Management Program: If located within a Shoreline Environmental Designation, the height shall not exceed the limitations of the Issaquah Shoreline Master Program.

3.    Sun and Shadow: Shadows created by the additional building height and bulk will not adversely affect the surrounding area. The Planning Director/Manager may require a sun/shadow analysis in order to determine if this criterion is met.

4.    Views: The taller structure will not significantly obstruct scenic corridors. The Planning Director/Manager may require a view analysis study in order to determine if this criterion is met.

5.    Increased Pervious Surface Ratio: The percentage of pervious surface for the site is increased by ten (10) percent over the minimum for that zone; for example, a forty (40) percent pervious surface ratio for a site shall be increased to fifty (50) percent as a condition of approval for additional height.

6.    Trees: Clusters of trees will surround the buildings, and provide a visual break of the wall mass which balances the additional height and bulk of the building.

7.    All the approval criteria for Level 5 Review (IMC 18.07.660, Approval criteria).

D.    Mineral Resource Zone (M):

1.    Approval Criteria – Increased Height from Base Height up to and Including One Hundred Twenty (120) Feet Maximum: For the Mineral Resource Zone (“M”), the base height of all concrete and asphalt batching towers, silos or other similar structures provided in connection with permissible mineral extraction and/or manufacturing processes is one hundred five (105) feet, as provided in the District Standards Table (IMC 18.07.360). The base height may be adjusted administratively to accommodate additional structures related to mineral resource activities, except that such structures shall not exceed a maximum building height of one hundred twenty (120) feet. The base height may be adjusted administratively subject to the following conditions:

a.    The applicant demonstrates the increased height is critical to the proper function of the building, structure or use;

b.    The visual character of the bulk and height is compatible and consistent with the surrounding area and the natural skyline of Issaquah; and

c.    The structure exceeding the base height is set back one (1) additional foot from the setbacks required in IMC 18.07.335 for each foot above the base height. (Ord. 2850 § 3 (Exh. A), 2018; Ord. 2501 § 17, 2007; Ord. 2301 § 2, 2001; Ord. 2283 § 6, 2000; Ord. 2280 § 4, 2000).

District Standards

18.07.360 District standards table.1

ZONING DISTRICTS

STANDARDS

 

DU/acre or density (maximum)

Minimum Lot Size

Front Setback2, 3

Side Setback2, 3

Rear Setback2, 3, 12

Impervious Surface4

Pervious Surface4

Base Building Height

Max. Building Height10

Min. Lot Width5

CONSERVANCY/RECREATION    

TP-NRCA: Tradition Plateau Natural Resource Conservation Area

Not applicable

5 acres

100 ft

100 ft

100 ft

10 %

90 %

30 ft

Not applicable

Not applicable

C-REC: Conservation Recreation

5 acres

100 ft

100 ft

100 ft

10 %

90 %

30 ft

RESIDENTIAL

C-RES: Conservation Residential

1 du/5 acres

5 acres

75 ft

75 ft

75 ft

10 %

90 % 6

30 ft

Not applicable

No minimum

SF-E: Single Family – Estates

1.24 du/acre

35,000 sq ft

30 ft

15 ft

30 ft

30 %

70 % 6

30 ft

135 ft

SF-S: Single Family – Suburban

4.5 du/acre

9,600 sq ft

20 ft

8 ft

10 ft

40 %

60 % 6

30 ft

70 ft

SF-SL: Single Family – Small Lot

7.26 du/acre

6,000 sq ft 8

10 ft 9

6 ft

20 ft

50 %

50 %

30 ft

No minimum

SF-D: Single Family – Duplex7

SF Detached = 7.26 du/acre

6,000 sq ft 8

10 ft 9

6 ft

10 ft

50 %

50 %

30 ft

50 ft

2 Attached SF = 14.52 du/acre

2 Attached SF unit = 3,000 sq ft each unit

Duplex = 14.52 du/acre7

Duplex = 6,000 sq ft

MF-M: Multifamily – Medium14

14.52 du/acre

2,500 sq ft

10 ft

7 ft

20 ft

50 %

50 %

40 ft

50 ft 10

No minimum

MF-H: Multifamily – High14

29 du/acre

No minimum

10 ft

5 ft

20 ft

50 %

50 %

40 ft

65 ft 10

No minimum

MUR: Mixed Use Residential14

14.52 du/acre

2,500 sq ft

10 ft

7 ft

20 ft

50 %

50 %

40 ft

50 ft 10

No minimum

COMMERCIAL/INDUSTRIAL    

PO: Professional Office

Density limited by the impervious surface ratio, height, setbacks, etc.

No minimum

30 ft

20 ft

25 ft

65 %

35 %

40 ft

65 ft 10

Not applicable

CBD: Cultural and Business District

0

0

0

85 % 15

15 %

45 ft

65 ft 10

MU: Mixed Use

10 ft

0

0

90%

10%

48 ft 16

65 ft 10

R: Retail Commercial

10 ft

5 ft

10 ft

65 %

35 %

40 ft

65 ft 10

IC: Intensive Commercial

10 ft

5 ft

5 ft

90 %

10 %

40 ft

65 ft 10

COMMUNITY FACILITIES

Development Standards in Community Facilities Zone are determined by the most restrictive contiguous zoning. 13

PROVISIONS for the use of ADDITIONAL DEVELOPMENT based on the PURCHASE of a TDR UNIT as provided in IMC 18.10.2005 through 18.10.2090

 

DU/acre or density (maximum)

Minimum Lot Size

Setbacks

Impervious Surface 4

Max. Building Height

Min. Lot Width 5

Receiving Site for TDRs

Density limits are equal to the underlying zoning unless a development agreement is approved through a Level 5 Review in accordance with IMC 18.10.2005 through 18.10.2090

Minimum lot size is equal to underlying zoning

Setbacks at exterior site boundaries equal setbacks of underlying zone. Interior setbacks are flexible

May be increased as allowed in IMC 18.10.2050, Receiving TDRs: Standards, applications and procedures

Building height may be increased above the maximum building height as provided in IMC 18.10.2005 through 18.10.2090

Lot width is equal to underlying zoning

CLUSTER PROVISION

Cluster Housing Standards apply to all zoning districts except TP-NRCA, C-Rec and CF 11

Density equal to underlying zone

No minimum for lots contained within the cluster; however, a minimum of 2 acres is required for a cluster development

Setbacks at exterior site boundaries, where the zoning is different than the abutting zoning, shall be the greater of the setback required by the site’s zoning or the setback required by the adjacent zoning. There are no minimum interior setbacks, except those established by other requirements, such as building code, easements and critical areas.

Impervious and pervious surface are equal to underlying zone for the gross site, prior to subdivision or other actions. There are no minimum requirements for pervious and impervious ratios on individual lots within the cluster development.

Building height equal to underlying zone

No minimum

MINERAL RESOURCE

M: Mining

Not applicable

10 acres

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

Not applicable

105 ft 10

No minimum

1    Recorded plat standards and private covenants may supersede these requirements.

2    Setbacks for critical areas are established in Chapter 18.10 IMC, Environmental Protection. Setbacks for accessory uses are established in IMC 18.07.110, Accessory structures – Uninhabitable. Modification of front, rear or side setback size may be approved through administrative adjustment of standards (IMC 18.07.250). In addition, one (1) of the side lot lines may be reduced to zero (0) through a development approval (review required as listed in the Table of Permitted Land Uses) for cluster/zero lot line development, as established in the cluster development standards (IMC 18.07.420).

3    Planting areas may be required for parking lots or when abutting residential districts (see Chapter 18.12 IMC, Landscaping).

4    Impervious surface + pervious surface = one hundred (100) percent. 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. Required pervious areas shall include the following areas in order of priority:

1.    Critical areas that require buffers;

2.    Existing significant tree(s) or tree stands;

3.    Native vegetation areas.

5    Minimum lot width may be modified through an approved cluster proposal (IMC 18.07.420) and this District Standards Table; the required review is established in the Table of Permitted Land Uses (IMC 18.06.130).

6    Pervious surface ratio for single family residential subdivisions is calculated within the individual lots, or a “combination” of (1) within the individual lots; and (2) common area outside the subdivision plat, and not as an additional requirement of common pervious surface for the entire single family subdivision. For example, a single family home in SF-E is required to provide seventy (70) percent pervious surface on the individual single family lot; however, the subdivision plat is not required to provide seventy (70) percent pervious surface over and above the seventy (70) percent requirement for those individual lots.

7    SF-D Zone: Duplexes and/or attached single family dwellings are permitted in SF-D at a density of 14.52, which is double the density of the SF-D zone, as long as a lot is at least six thousand (6,000) sq. ft. Duplexes, triplexes and fourplexes are permitted in the SF-D zone for senior housing, at a maximum density of 14.52 plus the senior housing density bonus (IMC 18.07.390).

8    Minimum lot size for multifamily zones refers to the minimum parcel size that is required for a development in these zones. The minimum lot size does not correlate to the density, for example: 14.52 du/acre could not have two thousand four hundred (2,400) sq. ft. as the “lot size” for one (1) unit at that density because a minimum of six thousand (6,000) sq. ft. is needed for the project.

9    Front setbacks for infill projects must be compatible with existing neighborhood. Administrative adjustment of standards (Level 2 Review required) may be used to establish setbacks for a project which is compatible with the scale and character of the existing neighborhood.

10    The approval criteria for increasing the building height up to and including fifty (50) feet are established in IMC 18.07.355(A). The approval criteria for increasing the building height up to and including fifty-eight (58) feet are established in IMC 18.07.355(B). The approval criteria for increasing the building height up to and including sixty-five (65) feet are established in IMC 18.07.355(C). The approval criteria for increasing building height in the Mineral Resource Zone are established in IMC 18.07.355(D).

11    Required approval criteria for cluster housing are listed in Chapter 18.07 IMC, this District Standards Table and the Table of Permitted Land Uses (IMC 18.06.130).

12    Garage setback in an alley = twenty-four (24) foot combination of required setback on the site and (usable) alley right-of-way.

13    See community facilities description (IMC 18.07.480) for exceptions.

14    Mixed Use Projects and Nonresidential Projects in Residential Districts: (a) Nonresidential density is limited by the impervious surface ratio, height, setbacks, etc., of the underlying zoning district; (b) residential density for mixed use projects may not exceed the maximum permitted density for the underlying zoning district; (c) mixed use projects can “combine” (a) and (b) above, provided the development standards (impervious surface ratio, height, setbacks, etc.) and the maximum density for the underlying zoning district are not exceeded.

15    Through-block pedestrian connections are exempted from impervious surface calculations in the CBD zone as established in IMC 18.07.050(D).

16    Base height may increase to fifty-four (54) feet to accommodate additional first floor height such as for Retail and Service uses (at least fifteen (15) feet tall) or Office entrance lobbies or underbuilding parking.

(Ord. 2850 §§ 3, 4 (Exh. A), 2018; Ord. 2624 § 2 (Exh. A1), 2011; Ord. 2587 § 3 (Exh. B2), 2010; Ord. 2525 § 3, 2008; Ord. 2497 § 2, 2007; Ord. 2471 § 4, 2006; Ord. 2462 § 26, 2006; Ord. 2447 § 40, 2005; Ord. 2434 § 4, 2005; Ord. 2311 § 4, 2001; Ord. 2301 § 2, 2001; Ord. 2283 § 6, 2000; Ord. 2280 § 5, 2000; Ord. 2233 § 15, 1999; Ord. 2228 § 1, 1999; Ord. 2164 § 12, 1997; Ord. 2108 § 7.3, 1996).

 

18.07.365 Height adjustments over fifty (50) feet in all districts.

Repealed by Ord. 2280. (Ord. 2228 § 4, 1999).

Residential Standards

18.07.370 Residential mixed use developments.

A.    Purpose and Intent: The purpose and intent of requiring specific standards for residential mixed use developments is to:

1.    Compatibility of Land Uses: Establish specific standards and incentives for residential mixed use developments in order to ensure and promote compatibility in design, construction and scale;

2.    Proximity of Housing to Services: Provide opportunities for residents to live close to areas of shops, offices and other urban amenities, in order to facilitate access to such services and places of employment, and also to promote pedestrian orientation while decreasing the need for automobile trips;

3.    Compatibility of Design: Regulate the bulk, height, and spacing of buildings, and the circulation and parking pattern within the development in order to obtain adequate light, air, privacy, and open space;

4.    Flexibility of Design: Retain flexibility in the administration of the design and development standards in order to promote innovative solutions and concepts;

5.    Amenities for Residents: Ensure that the residents of the mixed use development are provided with the same amenities afforded other multifamily developments throughout the City.

B.    Applicability: Residential mixed use development is permitted as established by use in the Table of Permitted Land Uses (Chapter 18.06 IMC) for those zones which permit both multifamily use and commercial and office use.

C.    Approval Criteria:

1.    Mixed Uses:

a.    Multifamily Zones: A mixture of multifamily development and permitted commercial and/or office uses shall be encouraged to promote pedestrian use and efficient urban services. The mixed uses shall be compatible in order to ensure that multifamily residents are not negatively impacted by the commercial and/or office uses, and benefit by the proximity to urban services;

b.    Commercial and Office Zones: A mixture of permitted commercial and/or office and multifamily development shall be encouraged to promote pedestrian use and efficient urban services. The mixed uses shall be compatible so as to ensure that multifamily residents are not negatively impacted by the commercial and office uses, and benefit by the proximity to urban services.

2.    Development Standards:

a.    Multifamily: All multifamily development within a residential mixed use project shall meet the approval criteria for multifamily development, as established in this chapter.

b.    Nonresidential: All development and design standards pertinent to nonresidential development shall be applicable to residential mixed use developments.

3.    Location of Uses: Permitted commercial shops and/or offices shall be located on the ground floor adjacent to the street frontage; however, part of the street frontage may be used as a driveway to rear or under grade parking, or as a pedestrian park area. Direct access to pedestrian-oriented services is intended to encourage pedestrian traffic in these areas.

4.    Density: Base density for residential mixed use development shall be limited by the impervious surface ratio, height, and setbacks for the appropriate zoning district. Refer to the District Standards Table (Chapter 18.07 IMC).

5.    Parking: Parking shall be determined for the residential mixed use development by combining the requirements of the residential and the commercial use, as established in the Table of Off- Street Parking Standards (IMC 18.09.050). Shared parking may be appropriate and should be considered. (Ord. 2462 § 27, 2006; Ord. 2108 § 7.4.1, 1996).

18.07.380 Assisted living facilities.

A.    Purpose and Intent: The purpose and intent of requiring specific standards for the development of assisted living facilities is to:

1.    Ensure assisted living facilities which are compatible in scale and character to the surrounding neighborhood or area;

2.    Provide enjoyable and safe housing for assisted living facilities’ residents and the surrounding community; and

3.    Recognize special safety and compatibility considerations regarding the assisted living facilities and the surrounding land uses by providing compatibility between this specialized multifamily use and the surrounding land uses.

B.    Definitions: Assisted living facility (see IMC 18.02.100).

C.    Approval Criteria: All assisted living facilities shall meet all applicable state and federal regulations. Approval shall be permitted only if all of the following approval criteria are met:

1.    Barrier-Free Standards: Every unit within the project must be designed and built in conformance with the Uniform Building Code (UBC); the State Barrier-Free Design regulations, as amended; the Americans with Disabilities Act of 1990, as amended (ADA); and the current state and City regulations.

2.    Community Space Requirements: All assisted living facilities of five (5) units or more shall provide the required community space both indoors and outdoors for persons who, in some cases, may be restricted to the immediate vicinity of the development.

a.    Indoor Space Requirements: Indoor community space shall provide a minimum of forty-eight (48) square feet per unit, in a contiguous area no smaller than two hundred (200) square feet to include:

(1)    Seating and table space for a minimum of thirty (30) percent of the total number of units provided (for example, six (6) units would provide seating/table space for two (2) units or four (4) persons);

(2)    Kitchen facilities, including at minimum a sink, cabinet and counter space;

(3)    A bulletin board no smaller than two (2) feet by three (3) feet. The bulletin board shall be placed in an area accessible to the residents for notice-posting purposes;

(4)    Access and use consistent with Barrier-Free Standards.

b.    Outdoor Space Requirements: The provision for outdoor community space provides that usable open space is provided to the residents. Area used for outdoor community space shall be calculated as part of the impervious surface for the proposal, and not considered an additional requirement. The hard-scape material shall be considered as impervious surface, in addition to any other areas of the outdoor space which is impervious. Outdoor community space shall provide a minimum of forty-eight (48) square feet per unit, in a contiguous area no smaller than two hundred (200) square feet:

(1)    Seating space for a minimum of thirty (30) percent of the total number of units provided (for example, six (6) units would provide seating/table space for two (2) units or four (4) persons);

(2)    Landscaping integrated with the seating and table area. Not less than thirty (30) percent of the outdoor community space shall be landscaped with plant materials, while the remaining seventy (70) percent can be hard-scape materials which are barrier-free, such as pavers, textured concrete, and brick;

(3)    Access consistent with Barrier-Free Standards.

3.    Parking: Required parking for assisted living facilities is established in the Table of Off-Street Parking Standards (IMC 18.09.050).

4.    Access and Circulation:

a.    Motorized: Vehicular access shall be provided such that it does not negatively impact adjacent land uses. Internal circulation shall also be provided, such that it does not interfere with pedestrian access or internal circulation;

b.    Nonmotorized: Pedestrian walkways shall be provided within a project and as linkages to adjacent projects.

5.     Building Modulation: Building modulation is intended to break up the overall bulk and mass of the exterior of a multifamily building, including townhouses. Modulation should also add character to the overall building exterior as well as to individual units.

a.    Building facade modulation shall occur at every twenty-five (25) feet of wall length. The modulation can take the form of decks, balconies, indentations, extrusions and other various forms; and

b.    Minimum modulation depth shall be approximately three (3) feet; and

c.    Minimum modulation width shall be approximately eight (8) feet.

6.    Roofline Variation: Roofline variation is intended to break up the overall bulk and mass of a multifamily building and to provide a visual relief as viewed against the skyline. Roofline variation shall occur on all multifamily structures with rooflines which exceed fifty (50) feet in length. Roofline variation shall be achieved using one (1) or more of the following methods:

a.    Vertical offset ridge line;

b.    Horizontal offset ridge line;

c.    Variations of roof pitch; or

d.    Any other technique approved by the Planning Director/Manager which achieves the intent of this section.

7.    Screening:

a.    Parking Area: The parking area shall be screened to visually buffer areas within the project complex and adjacent properties;

b.    Structures: Screening of structures from adjacent properties shall be provided, such as landscaping, fences, berms or other similar materials and/or designs. (Ord. 2447 § 41, 2005; Ord. 2311 § 5, 2001; Ord. 2108 § 7.4.2, 1996).

18.07.390 Senior housing standards.

A.    Purpose and Intent: The purpose and intent of requiring specific standards for senior housing is to:

1.    Provide incentives through parking requirement reductions and density bonus provisions to develop housing opportunities for persons, fifty-five (55) years of age or older, in a responsive and appropriate manner consistent with their special needs;

2.    Regulate the bulk, height, and spacing of buildings, and the circulation and parking pattern within the development in order to obtain adequate light, air, privacy, and usable open space for recreation and landscaped amenities;

3.    Provide a well designed and safe environment for seniors;

4.    Ensure that senior housing is compatible with the surrounding area and adjacent land uses.

B.    Definitions: The general term “senior housing” shall include both small scale senior housing and large scale senior housing. “Small scale senior housing” is three (3) acres or less, and “large scale senior housing” is more than three (3) acres in size.

C.    Approval Criteria: The following criteria shall be required for all senior housing development proposals:

1.    Barrier-Free Standards: Every unit within the project must be designed and built in conformance with the Uniform Building Code (UBC); the State Barrier-Free Design regulations, as amended; the Americans with Disabilities Act of 1990, as amended (ADA); and the current state and City regulations.

2.    Community Space Requirements: All senior housing developments of five (5) units or more shall provide the required community space both indoors and outdoors for persons who, in some cases, may be restricted to the immediate vicinity of the development.

a.    Indoor Space Requirements: Indoor community space shall provide a minimum of forty-eight (48) square feet per unit, in a contiguous area no smaller than two-hundred (200) square feet to include:

(1)    Seating and table space for a minimum of thirty (30) percent of the total number of units provided (for example, six (6) units would provide seating/table space for two (2) units or four (4) persons);

(2)    Kitchen facilities, including at minimum a sink, cabinet and counter space;

(3)    A bulletin board no smaller than two (2) feet by three (3) feet. The bulletin board shall be placed in an area accessible to the residents for notice posting purposes;

(4)    Access and use consistent with Barrier-Free Standards.

b.    Outdoor Space Requirements: The provision for outdoor community space provides that usable open space for senior housing is provided to the residents. Area used for outdoor community space shall be calculated as part of the impervious surface for the proposal, and not considered an additional requirement. The hard-scape material shall be considered as impervious surface, in addition to any other areas of the outdoor space which is impervious. Outdoor community space shall provide a minimum of forty-eight (48) square feet per unit, in a contiguous area no smaller than two hundred (200) square feet:

(1)    Seating space for a minimum of thirty (30) percent of the total number of units provided (for example, six (6) units would provide seating/table space for two (2) units or four (4) persons);

(2)    Landscaping integrated with the seating and table area. Not less than thirty (30) percent of the outdoor community space shall be landscaped with plant materials, while the remaining seventy (70) percent can be hard-scape materials which are barrier-free such as pavers, textured concrete, and brick;

(3)    Access consistent with Barrier-Free Standards.

3.    Density Bonus Provisions: In those zoning districts where senior housing developments are permitted (Table of Permitted Land Uses, IMC 18.06.130), the density bonus provision may be used to increase the density above the base density allowed in the zoning district by one-third (1/3) unit for every unit up to nine hundred fifty (950) square feet, and by two-thirds (2/3) unit for every unit up to seven hundred (700) square feet (See Table 18.07.390 – Senior Housing Standards). For example, a site with six (6) nine hundred (900) square foot units allowed by zoning would be permitted to have two (2) extra units (one-third (1/3) unit for each of the six (6) units) for a total of eight (8) units on the site; provided the following approval criteria are met:

a.    Occupancy: The entire project must be reserved for senior occupancy; and

b.    Size: Both the proposed unit and the resultant additional unit each have no more than nine hundred fifty (950) square feet of gross floor area per dwelling unit, excluding decks and storage/shed areas.

4.    Covenant Required: The occupancy requirements for the individual senior housing units and the entire project, where density bonus provisions are used, are to be guaranteed by an acceptable covenant or land use agreement between the owner and the City. The covenant or land use agreement shall remain in effect for the life of the structure. If the use of the property should change to a use other than senior housing, the property shall revert to its underlying zoning and density restrictions; parking requirements and any existing structure shall be brought into conformance to the underlying zoning.

5.    Occupancy: Occupancy of senior housing units is restricted to persons fifty-five (55) years of age or older with the following exceptions:

a.    A spouse under fifty-five (55) years of age married to one over fifty-five (55) years of age.

b.    A child over eighteen (18) years of age residing with at least one (1) parent or grandparent over fifty-five (55) years of age.

c.    Adults under fifty-five (55) years of age if their presence is required to assist an occupant over fifty-five (55) years of age.

d.    Adults of any age who are related to, or on the basis of friendship desire to live with, an occupant who is fifty-five (55) years or older.

6.    Parking: Parking requirements for senior housing established in the Senior Housing Standards (Table 18.07.390).

Table 18.07.390 – SENIOR HOUSING STANDARDS

Size of Senior Unit

Bonus Units of Same Size

Parking Requirements

701 to 950 sq. ft.

1/3 unit

1/2 stall per total unit + 1 space per employee at peak times

up to 700 sq. ft.

2/3 unit

1/2 per total unit + 1 space per employee at peak times

7.    Access and Circulation:

a.    Motorized: Vehicular access shall be provided such that it does not negatively impact adjacent land uses. Internal circulation shall also be provided, such that it does not interfere with pedestrian access or internal circulation;

b.    Nonmotorized: Pedestrian walkways shall be provided within a project and as linkages to adjacent projects.

8.    Building Modulation: Building modulation is intended to break up the overall bulk and mass of the exterior of a multifamily building, including townhouses. Modulation should also add character to the overall building exterior as well as to individual units.

a.    Building facade modulation should occur at every twenty-five (25) feet of wall length. The modulation can take the form of decks, balconies, indentations, extrusions and other various forms; and

b.    Minimum modulation depth shall be approximately three (3) feet; and

c.    Minimum modulation width shall be approximately eight (8) feet.

9.    Roofline Variation: Roof line variation is intended to break up the overall bulk and mass of a multifamily building and to provide a visual relief as viewed against the skyline. Roof line variation shall occur on all multifamily structures with roof lines which exceed fifty (50) feet in length. Roof line variation shall be achieved using one (1) or more of the following methods:

a.    Vertical off-set ridge line;

b.    Horizontal off-set ridge line;

c.    Variations of roof pitch; or

d.    Any other technique approved by the Planning Director/Manager which achieves the intent of this section.

10.    Screening:

a.    Parking Area: The parking area shall be screened to visually buffer areas within the project complex and adjacent properties;

b.    Structures: Screening of structures from adjacent properties shall be provided, such as landscaping, fences, berms or other similar materials and/or designs. (Ord. 2301 § 2, 2001; Ord. 2108 § 7.4.3, 1996).

18.07.400 Reasonable accommodation.

A.    Purpose and Intent: The Federal Fair Housing Act (FFHA) requires that reasonable accommodations be made in rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. The Planning Director/Manager is therefore authorized to make accommodations in the provisions of this Code as applied to dwellings occupied or to be occupied by persons with disabilities as defined in the Federal Fair Housing Act, when the Planning Director/Manager determines that such accommodations reasonably may be necessary in order to comply with such Act.

B.    Applicability: The Planning Director/Manager may grant reasonable accommodation to individuals with disabilities within the meaning of 42 U.S.C. 3602, in order for them to live in a household of more than five (5) persons according the following procedure.

C.    Procedure:

1.    A grant of reasonable accommodation is governed by Level 0 Review (Chapter 18.04 IMC). An applicant for reasonable accommodation must demonstrate that the disability of the proposed residents makes it necessary for them to live in a household of the size proposed in order to have equal opportunity to use and enjoy a dwelling.

2.    A determination shall be made regarding what adverse land use impacts, including cumulative impacts, if any, would result from granting the proposed accommodation. This determination shall take into account the size, shape and location of the dwelling unit and lot; the traffic and parking conditions on adjoining and neighboring streets; vehicle usage to be expected from the residents, staff and visitors; and any other circumstances determined to be relevant.

3.    The applicant’s need for accommodation shall be considered in light of the anticipated land use impacts, and conditions may be imposed in order to make the accommodation reasonable in light of those impacts.

4.    A grant of reasonable accommodation permits a dwelling to be inhabited only according to the terms and conditions of the applicant’s proposal and the Planning Director/Manager’s decision. If it is determined that the accommodation has become unreasonable because circumstances have changed or adverse land use impacts have occurred that were not anticipated, the Planning Director/Manager shall rescind or modify the decision to grant reasonable accommodation.

5.    A decision to grant reasonable accommodation shall be recorded with the King County Division of Records and Elections.

6.    Nothing herein shall prevent the Planning Director/Manager from granting reasonable accommodation to the full extent required by federal or state law. (Ord. 2108 § 7.4.4, 1996).

18.07.410 Single family standards.

A.    Purpose and Intent: The purpose of these supplemental standards for single family residential development is to achieve lot size reduction to protect the natural environment and encourage economically viable subdivisions. The intent of these standards is to encourage a sense of community within each residential development while protecting the surrounding environment. These supplemental standards are not intended to alter the underlying zoning or density provision of the subject site; however, the potential for lot size reduction as designated in the District Standards Table (IMC 18.07.360) provides for more usable open space in common areas outside of the platted subdivision as well as preserving critical areas and their buffers as pervious surface outside of the platted subdivision.

B.    Permitted Locations and Review Required: The permitted locations and review required for these supplemental standards applicable to single family development and manufactured housing are governed by the Table of Permitted Land Uses (IMC 18.06.130). Approval of a development with these supplemental standards does not alter the underlying zoning or density provisions of the subject site. (Ord. 2108 § 7.4.5, 1996).

18.07.420 Cluster housing standards.

A.    Purpose: The purpose of the cluster housing standards is to:

1.    Achieve the maximum allowable density, as established on the District Standards Table (IMC 18.07.360), on developable land while preserving critical areas and other pervious surfaces through lot size reduction;

2.    Provide more common usable and native forested open space within cluster developments that are not a part of a platted lot;

3.    Encourage affordable housing through the provision of smaller lots; and

4.    Provide a more efficient arrangement of structures for providing services and infrastructure.

A cluster development may include, but is not limited to, zero lot line units, manufactured homes, duplex, triplex and fourplex units.

B.    Approval Criteria: The provisions for lot size adjustment are defined within the District Standards Table (IMC 18.07.360). Review for cluster development approval shall occur within the existing procedure required for the application. Approval for a cluster development shall be granted only if all the following criteria are met:

1.    Minimum Area: A minimum of two (2) acres is required for a cluster development; however, there is no minimum lot size for individual units within the development.

2.    Density: Overall density must not exceed density of underlying zoning district.

3.    Consistency with Policies: The proposed development will be consistent with the general purpose, goals, objectives, and standards of the Comprehensive Plan, the City’s subdivision regulations (Chapter 18.13 IMC), this Code and all other pertinent rules or regulations, whether local, state or federal.

4.    Development Standards: Required development and design standards for cluster housing are established in the District Standards Table (IMC 18.07.360), and based upon the underlying district standards for the parcel.

a.    Critical Areas: When critical areas are present, such critical areas and their buffers shall be used to calculate the pervious surface requirement. Environmentally constrained land shall not be used for subdivision of individual lots, and shall be held in a critical area tract or other protection method.

b.    Common Usable Open Space: The cluster development shall have a minimum of fifteen (15) percent of the net site area as common usable open space.

c.    Setbacks at exterior site boundaries, where the zoning is different than the abutting zoning, shall be the greater of the setback required by the site’s zoning or the setback required by the adjacent zoning. There are no minimum interior setbacks, except those established by other requirements, such as building code, easements and critical areas.

d.    Pervious and impervious surface requirements are equal to underlying zone for the gross site, prior to subdivision or other actions. There are no minimum requirements for pervious and impervious ratios on individual lots within the cluster development.

5.    Landscape Plan: Residential projects developed as a cluster development (this section) shall be required to submit a landscape plan per IMC 18.12.070 and a Building Permit(s) shall not be issued until the landscaping plan has been approved. The landscaping plan shall be fully detailed as required by the provisions of the landscaping chapter and shall be subject to the approval of the Planning Director/Manager. Minimum standards for cluster development projects shall include:

a.    Landscaping of all building setbacks and internal areas between buildings except for ingress and egress (driveways and sidewalks) shall be as required for multifamily residential uses in IMC 18.12.070, Schedule – General requirements by landscape type.

b.    Landscaping on the exterior periphery yards of a cluster development project shall include a combination of coniferous and deciduous trees, shrubs and ground cover.

c.    The minimum pervious area established by the underlying zone of the clustered development shall be fully landscaped. Critical areas and their associated buffers (i.e., steep slopes, wetlands, etc.) retained or recreated as native forest may count towards the required pervious area and need not be landscaped. Enhancement of those critical areas, including critical area buffers, may be required if they are counted towards required buffering.

6.    Impacts:

a.    Neighborhood: The proposed clustering of the development will not have a substantial adverse impact on adjacent property, the character of the neighborhood or community, traffic conditions, parking, utility facilities, or other elements affecting the public health, safety and general welfare.

b.    Environment: The proposed cluster development will not result in the destruction, loss, or damage of any scenic corridor or Issaquah Treasure as identified in the City’s Comprehensive Plan.

c.    Services: The proposed cluster development will be adequately served by essential public facilities and services (such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water, sewers and schools) or the persons or agencies responsible for the establishment of the proposed use will adequately provide for such services.

7.    Implementation:

a.    Unit Types: Developments proposed under the cluster provision may use the zero lot line provision, single family semidetached (common wall) units or other methods or combinations, provided all the approval criteria established for those housing types and cluster development approval criteria are met.

b.    More Than One (1) Zoning District: A development which includes more than one (1) zoning district may use the cluster provision and may site the clustered units in one (1) or all zoning districts within the development. Overall density of the cluster development cannot be more than the combined total for all included district properties. However, units can be sited in one (1) or all zoning districts.

8.    Zero Lot Line Standards: The following are additional approval criteria for zero lot line cluster development:

a.    Lot Coverage/Impervious Surface: The impervious surface on the original parcel before subdividing shall not exceed those standards established in the District Standards Table (IMC 18.07.360).

b.    Maintenance and Drainage Easements: A perpetual easement at least five (5) feet wide for maintenance, eaves overhang, and drainage shall be provided on the lot adjacent to the zero lot line property line which, with the exception of walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title of the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two (2) affected lot owners. Eaves, but no other part of any structure, may protrude across a side lot line, and such protrusion shall not exceed eighteen (18) inches. Water runoff from the dwelling placed on the lot line is limited to the easement areas. An alternative to having an easement on the adjacent lot is to set back the dwelling unit two (2) to five (5) feet from the lot line so access can occur on each lot, and then give the adjacent lot use of this area through an easement in the setback area.

c.    Platting Requirements: Each dwelling shall be located on its own individual platted lot. The final plat or short plat shall provide a plan, drawn to scale as required by the current subdivision regulations within this Code (Chapter 18.13 IMC), indicating the exact location and building footprint of all structures proposed to encroach within the required setback, the zero lot lines, and the related easements.

d.    Setbacks: See IMC 18.07.360, District standards table.

C.    Development Agreement: A Development Agreement must be approved by the City Council prior to or concurrently with a plat decision and/or other land use decision located on commonly owned, contiguous parcels of land totaling five (5) or more acres of land. Upon City Council approval of a Development Agreement, the property’s development shall be governed by the substantive provisions of the approved Development Agreement and implemented through subdivisions, short plats, binding site plans or other applicable permits in accordance with the procedures specified in the Development Agreement, or standard City procedures if none are specified in the Development Agreement. Any conditions or standards of approval for any subdivision, short plat, binding site plan or other permit or approval for the property shall use and incorporate the development standards set forth in the approved Development Agreement.

1.    Each Development Agreement approved by the City Council shall include the following components:

a.    Project description and conceptual site plan;

b.    Open space and recreation lands and facilities, including preservation of critical areas and buffers;

c.    Residential uses, densities and affordable housing;

d.    Site design, bulk and/or building standards;

e.    Capital facilities plan showing infrastructure such as road improvements, transportation management plans, utilities, schools, police and fire and any other public services or facilities.

2.    A property owner with less than five (5) acres has the option of doing a Development Agreement as part of the cluster development, but it is not required.

3.    A Development Agreement may deviate from the underlying district standards identified in the Land Use Code in order to achieve the components listed above. However, density and permitted uses cannot differ from the underlying zoning standards.

4.    Any redevelopment that occurs shall follow the requirements of the underlying zoning district unless the existing Development Agreement is amended and approved by the City Council or unless a new Development Agreement is approved by the City Council under the regulations of this Code. (Ord. 2525 § 3, 2008; Ord. 2501 § 18, 2007; Ord. 2497 § 3, 2007; Ord. 2491 § 8, 2007; Ord. 2462 § 28, 2006; Ord. 2447 § 42, 2005; Ord. 2301 § 2, 2001; Ord. 2108 § 7.4.6, 1996).

18.07.430 Manufactured homes and manufactured home subdivisions.

A.    Purpose: These standards ensure that manufactured homes and subdivisions are planned, developed and maintained to provide safety for their residents while ensuring that manufactured homes are compatible with the scale and character of the surrounding neighborhood.

B.    Intent: The intent of these provisions is to provide affordable and diversified housing opportunities within the City while maintaining established standards. Manufactured homes shall meet both the most current HUD Code standards.

C.    Approval Criteria: Manufactured home subdivisions are permitted as established in the Table of Permitted Land Uses (IMC 18.06.130). Within the subdivision, or as separate units, manufactured homes are permitted; provided they meet all the following approval criteria:

1.    Manufactured Home Subdivision:

a.    Development Standards: A manufactured home subdivision shall be subject to the same land development and site improvement standards that apply to conventional subdivisions.

b.    Cluster Encouraged: A cluster development within a manufactured home subdivision shall be encouraged in order to provide affordable housing through the provision of smaller lots. A cluster development is encouraged to have fifteen (15) percent usable open space which does not include critical areas or their required buffers. This usable open space should have the ability to provide for recreation.

2.    Manufactured homes shall meet all requirements of RCW 35A.21.312, and:

a.    External Material: The exterior covering shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

b.    Fuel Oil Supply Systems: All fuel oil supply systems shall be constructed and installed within all applicable building and safety codes except that any bottled gas tanks may be fenced so as not to be clearly visible from the street or abutting property.

c.    Mobility: The hitch, axles and wheels shall be removed.

d.    Permanent Foundation: The manufactured home shall be placed on a permanent foundation as specified by the manufacturer and that complies with the City’s building code for residential structures.

e.    Roof Pitch: Roof pitch shall comply with the IBC.

D.    Modular Homes: Modular homes shall be permitted in any district or area in which conventional site-built homes are allowed; provided they conform to the same rules and regulations applicable to site-built homes.

E.    Pre-HUD Manufactured Homes: Pre-HUD manufactured homes (mobile homes) are not allowed as permanent residences within the City because, as defined, they were built before the Housing Construction and Safety Standards Act of 1974, and do not bear the insignia of HUD. Pre-HUD manufactured homes approved as permanent residences within the City prior to the effective date of this Code are exempt. (Ord. 2553 § 4 (Exh. B3), 2009; Ord. 2108 § 7.4.7, 1996).

18.07.440 Multifamily and duplex development standards.

A.    Purpose and Intent: The purpose and intent of requiring specific standards for multifamily and duplex development are to:

1.    Ensure multifamily and duplex residential development which is compatible with the scale and character of the neighborhood or community in which it is located;

2.    Provide a safe source of housing for residents of the City which includes amenities such as usable open space;

3.    Provide the opportunity for urbanized lifestyles that would be located close to a range of urban services;

4.    Encourage a sense of community within each cluster and within each overall development; and

5.    Provide that impacts to public services and facilities are mitigated.

B.    Diversity:

1.    Unit Type: Diversity of unit types is encouraged, including, but not limited to, senior housing, special needs and the low income rental market as defined by current King County Standards [Countywide Planning Policies];

2.    Location: Multifamily shall be considered a desirable component of mixed use developments and shall be encouraged.

C.    Permitted Locations and Review Required: The permitted locations and review required for multifamily and duplex development are governed by the Table of Permitted Land Uses (IMC 18.06.130).

D.    Approval Criteria: Approval for all proposals for multifamily or duplex developments shall be permitted only if all the following approval criteria are met:

1.    Access and Circulation:

a.    Motorized: Vehicular access shall be provided such that it does not negatively impact adjacent land uses. Internal circulation shall also be provided, such that it does not interfere with pedestrian access or internal circulation;

b.    Nonmotorized: Pedestrian walkways shall be provided within a project and as linkages to adjacent projects.

2.    Building Modulation: Building modulation shall occur on all multifamily structures, including townhouses and residential development associated with residential mixed use development and is intended to break up the overall bulk and mass of the exterior of a multifamily building. Modulation should also add character to the overall building exterior as well as to individual units.

a.    Building facade modulation should occur at every twenty-five (25) feet of wall length. The modulation can take the form of decks, balconies, indentations, extrusions and other various forms; and

b.    Minimum modulation depth shall be approximately three (3) feet; and

c.    Minimum modulation width shall be approximately eight (8) feet.

3.    Duplex and Attached Single Family/Townhouse Standards:

a.    Duplexes and attached single family dwellings/townhouses located in established single family residential neighborhoods shall be designed and built to be compatible with the existing character of the neighborhood. Compatibility of design shall include but is not limited to:

(1)    Resembling the character, style and modulation of a single family unit; and

(2)    Resembling or consistent with the time period in which the majority of the homes in the surrounding neighborhood were built; and

(3)    Having a height and scale that is consistent with the existing single family homes in the neighborhood.

b.    No duplex or attached single family/townhouse dwelling shall have a firewall and/or parapet extension above the roofline (see the International Building Code (IBC) for options on allowed roof construction types).

c.    The maximum number of single family dwellings/townhouses that may be attached in a single grouping varies by zoning district and is determined in IMC 18.06.130, Table of Permitted Land Uses.

d.    Before any attached single family unit is permitted in the SF-D Single Family – Duplex District on a lot between three thousand (3,000) and six thousand (6,000) square feet, the owner shall be required to record a covenant in a form approved by the City which will require the building location on the lot with only one side at zero (0) feet setback, limit the right to only one attached single family housing unit per three thousand (3,000) square feet of lot area, prohibit building a detached housing unit, prohibit an Accessory Dwelling Unit (ADU) and grant access easements as may be needed for maintenance of an adjoining unit.

4.    Parking: Parking shall be determined for multifamily developments, as established in the Table of Off-Street Parking Standards (IMC 18.09.050).

5.    Private or Common Usable Outdoor Space: Every multifamily development, including townhouses, shall provide private outdoor space for individual units or a larger common, outdoor space for the residences. The purpose of requiring usable open space is to provide this amenity for the residents of these developments. The usable outdoor space, whether provided on an individual or community basis, may consist of pervious and impervious surfaces. For the purpose of calculating the impervious surface ratio, those areas of the outdoor space which are impervious shall be counted as impervious surface.

a.    Common Outdoor Space: Common outdoor space shall be provided in the form of one or several outdoor balconies, patios, decks or gardens. Common outdoor space shall be easily accessible to all residents of the complex and no common outdoor space shall be attached to any individual unit.

b.    Containment of Activity Areas: Activity areas shall be designed so that they do not interfere with incompatible on-site uses; for example, children’s play areas shall not overflow into parking lots or pedestrian pathways.

c.    Minimum Outdoor Space per Unit: At a minimum, each unit shall have a total of forty-eight (48) square feet of outdoor space, whether provided for individual units as private outdoor space or as common open space.

d.    Private Outdoor Space: Private outdoor space shall be provided in the form of private outdoor balconies, patios, or decks attached to individual units. Minimum length and width of each private outdoor space shall be eight (8) by six (6) feet.

6.    Roofline Variation: Roofline variation is intended to break up the overall bulk and mass of a multifamily building. Roofline variation shall occur on all multifamily structures with rooflines which exceed fifty (50) feet in length. Roofline variation shall be achieved using one (1) or more of the following methods:

a.    Vertical off-set ridge line;

b.    Horizontal off-set ridge line;

c.    Variations of roof pitch; or

d.    Any other technique approved by the Planning Director/Manager which achieves the intent of this section.

7.    Screening:

a.    Parking Area: The parking area shall be screened to visually buffer areas within the project complex and adjacent properties;

b.    Structures: Screening of structures from adjacent properties shall be provided, such as landscaping, fences, berms or other similar materials and/or designs. (Ord. 2471 § 5, 2006; Ord. 2108 § 7.4.8, 1996).

Accessory Uses – Residential Standards

18.07.450 Accessory dwelling units (ADUs).

A.    Purpose and Intent: The purpose and intent of this section is to permit, according to the specific criteria, a secondary living unit that is either located within or detached from the primary residence in certain zones. Specifically, this provision is intended to:

1.    Create affordable housing options;

2.    Foster and support extended families; and

3.    Allow family members, primarily older adults, to live independently at a reduced cost.

B.    Review Required: An application for an ADU requires a Level 0 review as established in the Table of Permitted Land Uses (IMC 18.06.130).

1.    Covenant: An ADU shall be subject to the applicant recording a property covenant with the King County Department of Records and Elections. A copy of the recorded information shall be returned to the Permit Center within ten (10) days of recording. A final inspection for a new ADU will not be granted without a copy of the information recorded with the King County Department of Records and Elections. The recorded information shall:

a.    Identify the address of the property;

b.    State that the owner(s) resides in either the principal dwelling unit or the ADU;

c.    Include a statement that the owner(s) will notify any prospective purchasers of the limitations of this chapter; and

d.    Provide for the removal of the ADU if any of the requirements of this chapter are violated.

2.    Grandfathering of Existing Dwellings:

a.    If an ADU was created without being part of a project for which a building permit was finalized, the City shall require a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and meets the requirements of this section and building code.

b.    A pre-existing ADU shall be subject to the applicant recording a property covenant with the King County Department of Records and Elections. A copy of the recorded information shall be returned to the Permit Center within ten (10) days of recording. The recorded information shall:

(1)    Identify the address of the property;

(2)    State that the owner(s) resides in either the principal dwelling unit or the ADU;

(3)    Include a statement that the owner(s) will notify any prospective purchasers of the limitations of this chapter; and

(4)    Provide for the removal of the ADU if any of the requirements of this chapter are violated.

c.    Reinstating an ADU: The owner of a building in which an ADU previously existed and was removed may reinstate an ADU provided the City Building Official determines through a building inspection that the ADU is sound, does not pose a hazard to people or property, and meets the requirements of this section and the building code. The ADU inspection fee will cover the building inspection of the ADU.

3.    Utilities: The review of utility connections (water, gas, and electric) shall be done by the Development Services Department. Accessory dwelling units may be served by one (1) connection and one (1) meter as long as fixture count and fire flow demands can be met.

4.    Elimination: Elimination of an approved ADU may be accomplished by the owner filing a letter of intent with the Development Services Department followed by an inspection to ensure the power source to the cooking unit has been removed. Elimination of the ADU shall be subject to the applicant removing the property covenant with the King County Department of Records and Elections. A copy of the recorded information shall be returned to the Permit Center within ten (10) days of recording. An inspection will not be granted without a copy of the information recorded with the King County Department of Records and Elections. Elimination of an ADU also may occur as a result of an enforcement action. The letter of intent shall:

a.    Identify the address of the property;

b.    State that the owner(s) resides in the principal dwelling unit;

c.    Include a statement that the owner(s) will notify any future purchasers of said property the limitations of this chapter if the new owners wish to reinstate the ADU.

C.    Approval Criteria:

1.    Location: ADUs shall be allowed in single family units located in permitted zones as established in the Table of Permitted Land Uses; provided the units meet all of the approval criteria. An ADU may be located in a single family unit or in a detached structure on a single family lot.

2.    Number: Only one (1) accessory dwelling unit will be permitted for one (1) single family detached or attached dwelling unit on its own legal lot. For example, one (1) single family dwelling unit cannot have one (1) ADU in the dwelling unit and one (1) ADU above the garage. Single family dwelling units that are on legally nonconforming lots may also be permitted one (1) accessory dwelling unit.

3.    Occupancy: The principal dwelling unit or the ADU must be occupied by an owner of the property or a family member of the property owner. Owner occupancy is defined, for the purposes of this section, as a property owner, as reflected in title records, who makes his or her legal residence at the site, as evidenced by filing an affidavit with the King County Department of Records and Elections and who actually resides at the site more than six (6) months out of any given calendar year.

4.    Size: The square footage of the ADU shall not exceed one thousand (1,000) square feet, excluding any nonliving areas such as garage area, storage sheds, or decks, unless the excluded area is the location of the proposed ADU. The Development Services Director or designated appointee may allow increased size if the creation of the ADU does not necessitate an exterior expansion of the residence, except for minimal alterations necessary for the ADU to be a functional separate residence.

5.    Design and Construction Standards:

a.    Additions to an existing structure or newly constructed detached structure created for the purpose of developing an ADU shall be designed to conform with all applicable development standards. One (1) ADU door may be constructed on the front or street side of the residence; provided, that it is screened from the street or the visual impact is otherwise mitigated. A four (4) foot wide walkway shall be constructed from the address side of the right-of-way or driveway to the ADU primary entrance. Minimum walkway requirements (four (4) feet) will not be counted against the site’s maximum impervious surface calculation.

b.    Existing legally nonconforming structures may be used for the locating of an ADU if the Building Official determines that the structure is sound, will not pose a hazard to people or property, and meets the requirements of this section and building code requirements. Portions of buildings that undergo a change of use are required to meet building codes for new construction in compliance with the current building code.

6.    Parking: Adequate parking must be provided on site for the single family detached dwelling, and for the ADU as specified in the Table of Off-Street Parking Standards (IMC 18.09.050) unless otherwise approved through a permit review. Tandem parking can be used to fulfill this requirement.

7.    Home Occupations and ADUs: The ADU and/or primary residence may contain a home occupation(s) if the home occupation(s) is reviewed and approved as regulated by IMC 18.07.470. (Ord. 2839 § 10, 2018; Ord. 2562 § 4 (Exh. B3), 2009; Ord. 2301 § 2, 2001; Ord. 2108 § 7.4.9, 1996).

18.07.460 Accessory residential buildings – Temporary family member cottage.

Repealed by Ord. 2462. (Ord. 2108 § 7.4.10, 1996).

18.07.470 Home occupations.

A.    Purpose: The conduct of business within a dwelling may be permitted in residential and commercial districts under the provisions of this section as long as the home occupation is consistent with the existing character of the surrounding neighborhood as defined by the approval criteria. Using the approval criteria, it is the intent of this section to:

1.    Maintain and preserve the character of residential neighborhoods;

2.    Ensure the compatibility of home occupations with other uses permitted in the residential districts;

3.    Promote the efficient use of public services and facilities while assuring that commercial users do not reduce the City’s public services and facilities level of service to intended residential users;

4.    Encourage flexibility in the work place and creativity in careers by permitting home occupations; and

5.    Regulate home occupations because of the potential impact to the surrounding neighborhood.

B.    Table of Permitted Home Occupations: Table 18.07.470, “Table of Permitted Home Occupations,” is incorporated into this section. Each permitted home occupation listed in this table and located at the end of this section is designated as a permitted use which requires a Level 0 (Business License Review), 1, or 2 for a particular residential zoning district. All permitted home occupations are subject to the standards of this Code and the applicable review procedures. Specific uses not permitted as home occupations are also listed in this section.

C.    Approval Criteria: Home occupations are permitted as an accessory use to the residential use of the dwelling or approved detached building when all of the criteria are met. An Administrative Adjustment of Standards may be applied for, in accordance with IMC 18.07.310, if any of the criteria cannot be met. The approval criteria for home occupations are as follows:

1.    Accessory Use: The home occupation is incidental and subordinate to the primary use of the structure as a dwelling. No more than twenty-five (25) percent of the gross floor area of the residence or accessory building (up to five hundred (500) square feet) may be used for the home occupation. A family day care center or adult family home shall not be limited to five hundred (500) square feet within the home; however, it shall follow any size limitation designated by the State Department of Social and Health Services (DSHS).

2.    Buffers Needed: The following home occupations shall have enough acreage to ensure adequate buffers so that the neighborhood is not negatively impacted. Buffering shall be determined on a case-by-case basis by the Planning Director/Manager, given the proposed extent of the home occupation and the size and characteristics of the specific parcel:

a.    Commercial hobby farms;

b.    Kennels; or

c.    Animal breeding.

3.    Business License Required: No person shall carry on a home occupation, or permit such use to occur on property which he/she owns or is in lawful control, without first obtaining a Business License.

4.    Family Day Care Centers and Adult Family Homes: Family day care center and adult family home operators shall obtain all applicable licenses, registrations and permits from the State Department of Social and Health Services (DSHS). Proof of State licensing shall be required to obtain a City of Issaquah Business License.

5.    Electrical Equipment: The home occupation does not require the use of electrical equipment that exceeds typical standards for residential use.

6.    Employees: The home occupation is conducted primarily by family members residing in the dwelling.

7.    Environmental Impacts: The home occupation shall not negatively affect any aspect of the environment.

8.    External Alterations: There are no external alterations to the building which change its character from a residential dwelling.

9.    Fire Rating: The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure.

10.    Kennels and Animal Breeding: All kennels and animal breeding facilities that are developed after the effective date of this Code shall provide only indoor boarding facilities. If overnight boarding services are provided, the facilities must be soundproofed to minimize noise impacts to the surrounding properties.

11.    Outside Storage or Display: There is no outside storage or display of any kind related to the home occupation. Play equipment for day care operations is not considered outdoor storage or display.

12.    Primary Residence: The home occupation is conducted inside a dwelling, or inside an approved detached building to a dwelling, which is the primary residence of the principal practitioner.

13.    Production Line Equipment Not Permitted: Automated or production line equipment shall not be used at the home occupation site. All stock in trade that is produced on-site for resale purposes must be produced by hand.

14.    Residential Character: The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors. In addition, the refuse/recycling location and container sizing for the single family home shall continue according to the residential requirements.

15.    Sign/Nameplates: A nameplate may display the name of occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling and shall not exceed two (2) square feet in area. The nameplate shall be compatible with the architectural character of the neighborhood and shall not be illuminated or backlit. Only one (1) nameplate shall be allowed. In cases where the home is not visible from the street, the nameplate may be placed near the road on the owner’s property, but not in the right-of-way.

16.    Traffic Trips: The home occupation, by itself, shall not generate more than twenty (20) vehicular trips a day except that home day cares may have as many trips as required for the number of allowed children per the State Department of Social and Health Services (DSHS) requirements. As used here, a trip is considered either the arrival or the departure of a vehicle from the household. For example, one (1) vehicle making a delivery and then leaving immediately would be considered two (2) trips.

17.    Water/Sewer Use: The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood.

18.    Additional Conditions: In granting approval for a home occupation, the City may attach additional conditions to ensure the home occupation will not be detrimental to the character of the residential neighborhood. Any home occupation authorized under the provisions of this Code shall be open to inspection and review at all reasonable times by an authorized City official for purposes of verifying compliance with the approval criteria and other Code provisions.

D.    Review Required: Application and review for all proposed home occupations shall be required as governed by the Table of Permitted Home Occupations, Table 18.07.470. Proposals for home occupations which are not listed in this table shall be reviewed by the Planning Director/Manager, and processed through the level review deemed appropriate by the Planning Director/Manager. An Administrative Adjustment of Standards may be permitted for home occupations if the applicant meets the approval criteria for the Administrative Adjustment. The Planning Director/Manager may forward the home occupation application to the Hearing Examiner for review if, in the sole discretion of the Director/Manager, the proposal merits a different level of review.

E.    Home Occupations Not Permitted: The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations; are otherwise incompatible with residential areas; and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations:

1.    Repair, building, or servicing of vehicles or boats;

2.    Antique shop or gift shop;

3.    Veterinary clinic or hospital;

4.    Painting of vehicles, trailers or boats;

5.    Large appliance repair including stoves, refrigerators, washers and dryers;

6.    Machine and sheet metal shops;

7.    Martial arts school; dance or aerobics studio;

8.    Small engine repair;

9.    Recreational marijuana facilities;

10.    Marijuana cooperatives;

11.    Uses which may include hazardous chemicals or other items which may potentially be hazardous to the surrounding area.

F.    Denial of Application for a Home Occupation: An application for a home occupation shall be denied if the Planning Director/Manager finds that the application fails to comply with the provisions of this section. The Planning Director/Manager shall state the specific reasons for denial of a home occupation, and shall cite the specific provisions and sections of this Code on which the denial is based. The Planning Director/Manager’s decision is final unless appealed, pursuant to this chapter.

G.    Annual Review: An annual review of a home occupation may be an approval condition. This review by the Planning Director/Manager shall include an assessment to ensure the home occupation is in compliance with the original approval criteria. If the review indicates that the home occupation is not being conducted according to the approval criteria, or the use has become detrimental to the residential neighborhood, the approval of the home occupation shall be revoked and enforcement action taken, or shall have conditional approval after the situation has been addressed and corrected.

H.    Elimination of Home Occupation: If a home occupation is not being conducted according to the approval criteria, or the use has become detrimental to the residential neighborhood, the home occupation shall not be permitted to continue unless the situation has been addressed and corrected.

I.    Exceptions: The following activities which do not exceed three (3) days in duration or do not operate for more than nine (9) days in any one (1) calendar year shall be exempt from the requirements of this section:

1.    Garage and yard sales: To qualify for this exemption, all garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale;

2.    Temporary home boutiques or bazaars for handcrafted items;

3.    Parties for the display of domestic products;

4.    Other similar short-term uses or sales.

J.    Table of Permitted Home Occupations: Permitted home occupations will be reviewed by the most strict level of review applicable between Section 1 and Section 2 of this table:

Table of Permitted Home Occupations – Table 18.07.470
 

LAND USES

RESIDENTIAL ZONING DISTRICTS

 

C-Res

SF- E

SF-S

SF-SL

SF-D

MUR

MF-M

MF-H

1. HOME OCCUPATION CHARACTERISTICS:

Client/customer visitation associated with any permitted home occupation.

2

2

2

2

2

2

2

2

Deliveries in excess of regular postal service and/or occasional express parcel service.

2

2

2

2

2

2

2

2

Instruction/teaching associated with any permitted home occupation.

2

2

2

2

2

2

2

2

Phone/computer use only (without client/customer visitation) associated with any permitted home occupation.

0

0

0

0

0

0

0

0

2. PERMITTED HOME OCCUPATIONS:

Architect

0

0

0

0

0

0

0

0

Artists, Arts and Crafts

0

0

0

0

0

0

0

0

Attorney

0

0

0

0

0

0

0

0

Barbershop, Beauty Parlor

2

2

2

2

2

2

2

2

Bed and Breakfast

2

2

2

2

2

2

2

2

Business Administration

0

0

0

0

0

0

0

0

Cabinet, Carpentry Work

2

2

2

 

 

 

 

 

Ceramics and Sculpting

0

0

0

0

0

0

0

0

Chiropractor

2

2

2

2

2

2

2

2

Composer

0

0

0

0

0

0

0

0

Family Day Care Center/Adult Family Home – State licensed: max. number of children (12) in addition to resident family children. Max. number of adult attendees (6).

0

0

0

0

0

0

0

0

Dog Grooming

2

2

2

2

2

2

 

 

Dressmaker, Seamstress, Tailor

0

0

0

0

0

0

0

0

Engineer

0

0

0

0

0

0

0

0

Fish Breeder, Exotic (Wholesale Only)

2

2

2

2

2

2

2

2

Hobby Farm, Commercial Use Of (Outside Uses May Include Riding Lessons or Crop Production)

2

2

 

 

 

 

 

 

Hydroponics

2

2

2

2

2

2

2

2

Insurance Agent

0

0

0

0

0

0

0

0

Kennel or Animal Breeding

2

2

 

 

 

 

 

 

Massage Therapist

2

2

2

2

2

2

2

2

Music Teacher

2

2

2

2

2

2

2

2

Photographer (Not Production Studio)

0

0

0

0

0

0

0

0

Physician (Potential of Drugs On Site)

2

2

2

2

2

2

2

2

Preschool (See Family Day Care Center)

 

 

 

 

 

 

 

 

Psychologist

2

2

2

2

2

2

2

2

Production of Small Articles by Hand without Using Automated or Production Line Equipment

0

0

0

0

0

0

0

0

Radio, Television, and Small Appliance Repair

2

2

2

2

2

2

2

2

Real Estate Agent (Clients Coming to Home)

2

2

2

2

2

2

2

2

Typing/Word Processing Service

0

0

0

0

0

0

0

0

Unclassified Home Occupations

Review Level determined by Planning Director/Manager. See Procedure for Unclassified Uses.

3. NOTES APPLICABLE TO THE ENTIRE TABLE OF PERMITTED HOME OCCUPATIONS:

a 0 = Business License review only; 1 = Level 1 Review; 2 = Level 2 Review.

b All home occupations in commercial zoning districts will be processed through review indicated in MF-H.

(Ord. 2770 § 2 (Exh. C19), 2016; Ord. 2715 § 5 (Exh. A4), 2014; Ord. 2553 § 4 (Exh. B3), 2009; Ord. 2525 § 3, 2008; Ord. 2462 § 30, 2006; Ord. 2405 § 13, 2004; Ord. 2301 § 2, 2001; Ord. 2108 § 7.4.11, 1996).

Nonresidential Standards

18.07.480 Community facilities standards.

A.    Purpose and Intent: The purpose and intent of requiring specific standards for community facility buildings and structures or land uses are:

1.    Compatibility of Land Uses: Establish general standards regarding aesthetics, height, and other development standards for community facilities which will ensure compatibility of design, construction and scale, and minimize the impact of these facilities with surrounding uses.

2.    Provision of Service: Establish general standards to ensure that the public is provided with safe and functional community facilities.

3.    Comprehensive Plan Implementation: Provide for community facility improvements and additions necessary to meet local and regional needs and implement Issaquah’s Comprehensive Plan.

4.    Compact Facilities: Allow for the siting of public buildings more efficiently as the City continues to densify.

B.    Applicability: Community facilities are subject to the review procedures identified in the Table of Permitted Land Uses (IMC 18.06.130) and shall be permitted when the approval criteria established in this section are met.

C.    Approval of Community Facilities Prior to Legislative Rezone: A community facility land use may be permitted in zoning designations other than community facilities as allowed in this Code (Table of Permitted Uses, IMC 18.06.130). The site may subsequently be reviewed for a legislative rezone to community facilities through the annual update of the Comprehensive Plan.

D.    Approval Criteria – Public Utility Facilities:

1.    Architectural Form and Character: A public building that houses all or a majority of a public utility facility must be compatible with the architectural standards of the area or subarea within which it is located, whichever is more restrictive.

a.    Exceptions – Significant Elements: Compatibility of architectural form is not applicable to a utility facility where significant elements of the facility are not housed in a building; however, screening is required to ensure compatibility with adjacent uses.

b.    Exceptions – Isolated Elements: Compatibility of architectural form is not applicable for isolated minor elements such as pad-mounted transformers, telephone pedestals and metering stations; however, screening is required as established in this section, to ensure compatibility with adjacent uses.

2.    Development Standards: All minor utility facilities and those major utility facilities that are not intended for occupancy shall conform to development standards including setback, height standards, and impervious surface of the most restrictive contiguous zoning district as established in IMC 18.07.360, District standards table.

3.    Height: Public utility structures such as communication towers and water storage tanks shall be designed so as to be the lowest height possible to adequately serve the needs of the utility and shall comply with Chapter 18.22 IMC, Wireless Communication Facilities (WCF).

4.    Undergrounding: Public utility facilities such as communication facilities shall be installed underground or within buildings to the greatest extent practical in order to maximize safety and minimize visual and noise impacts upon surrounding properties. Public utility facilities such as distribution lines should also be installed underground in accordance with the terms and conditions established by the Washington Utilities and Transportation Commission.

5.    Comprehensive Plan Compliance: The proposed public utility facility shall be consistent with:

a.    The need to serve the land use patterns and densities contemplated in the land use element of the Comprehensive Plan and, if applicable, the King County Comprehensive Plan;

b.    The public service obligations of the servicing utility and its ability to provide service throughout its system;

c.    The utilities and public services element of the Comprehensive Plan, including the goals and policies adopted therein and utility element map(s) showing the general location and capacity of all existing and proposed utility facilities.

6.    Environmental Impacts: The existing natural environment of the area shall be identified, along with impacts of the proposed facility upon the natural environment, and what shall be required as mitigation.

7.    Maintenance: Long term maintenance requirements shall be identified, funding options shall be noted, and a long term maintenance program shall be provided.

8.    Noise: No machinery or equipment may cause noise beyond established state standards, as measured at the property line, electrical interference or similar disturbances.

9.    Residential Areas:

a.    Impacts: Public utility facilities shall, whenever possible, be located and designed to minimize adverse impacts on adjacent residential properties;

b.    Storage: In residential zones, outdoor storage of public utility related vehicles or any outdoor storage of public utility related materials outside the public utility buildings or structures must be screened from adjacent properties.

10.    Screening: The public utility facility shall be screened to ensure compatibility with adjacent uses. Public utility facilities such as transformers, regulator stations, substations and other such mechanical structures shall be screened with landscaping and/or other such material that provides screening during the entire year.

11.    Major or minor utilities that will be sited within the Community Facilities Open Space (CF-OS) zone shall meet the following criteria for an alternative analysis report as well as this subsection, Approval Criteria – Public Utility Facilities:

a.    Economic Analysis: Costs associated with the use of each alternative site shall be established, including appraised value, acquisition costs, neighborhood impacts, and the intrinsic value of the open space to the neighborhood, City, and natural resources of the area.

b.    Natural Resource Analysis/Assessment: The analysis shall be conducted for site alternatives located within the CF-OS zone and shall generally include an analysis of the site’s geologic, biological, scenic and visual, cultural/archaeological, water quantity and quality, and recreational resource values. The analysis shall:

(1)    Address and demonstrate how the project proposal will affect the aforementioned natural resources individually or cumulatively;

(2)    Evaluate potential impacts to habitat types of sufficient size necessary to support any species present;

(3)    Demonstrate how habitat corridors with adequate cover and width to allow for unrestricted movement of animals between areas of intact habitat shall be maintained;

(4)    Evaluate the impacts of locating land uses adjacent to habitat types and corridors that require minimal disruption of the needs of species present in the habitat type through direct or indirect means.

c.    Watershed Protection Analysis: Because the CF-OS zones within the City are located within the watershed of a salmon bearing creek, the alternative analysis report shall:

(1)    Prepare and include an appropriate plan to protect listed or threatened species present (e.g., chinook, salmon and bull trout);

(2)    Provide for the long term protection of aquatic species;

(3)    Require the maintenance of habitat forming processes including delivery/routing of sediment, delivery/routing of water quantity, delivery/routing of woody debris and delivery/routing of carbon;

(4)    Generally provide an analysis of potential impact on streams within the watershed where anadromous fish are present;

(5)    Use watershed planning tools such as the river basin characterization methodology.

d.    Mitigation Measures: The alternative analysis report shall suggest mitigation measures as reviewed at the project review meeting, to offset the negative impacts associated with the project development. These mitigation measures shall be addressed in the normal project/permit review process.

12.    Multiple Uses on a Site Zoned Community Facility: If a site is zoned Community Facilities and either is or has the potential for multiple uses to be located upon the site, the project review meeting will provide notification to the affected boards and commissions including, but not limited to, the Cemetery Board and the Park Board.

E.    Approval Criteria, Nonutility Community Facilities Including Public Buildings: Development, including retail/commercial uses, is permitted in community facilities only when all of the following criteria are met and as permitted in the Table of Permitted Land Uses (IMC 18.06.130). Accessory retail/commercial uses are permitted as allowed in the accessory use criteria in the Land Use Code.

1.    Architectural Form and Character: Community facility public buildings must meet all applicable design requirements of the subarea in which they are located, and shall:

a.    Be efficiently sited to use the smallest possible footprint;

b.    Regardless of whether the building is in Central Issaquah or not, the building shall comply with Central Issaquah Development and Design Standards, Chapter 11.2(G), Views of Vistas; and

c.    Shall meet the applicable sections of the Design Criteria Checklist (Appendix 2 of this chapter). Where conflicts may arise with more specific subarea requirements, those subarea requirements shall prevail;

2.    Development Standards: All public buildings shall conform to development standards including setback, height, and impervious surface of the most restrictive contiguous zoning district as established in the District Standards Table (IMC 18.07.360), except as otherwise provided for in this section.

a.    Public Schools: Sites used for public schools, specifically public high schools, junior high/middle schools and elementary schools, including accessory uses such as administrative offices, shall use the development standards for CF-F in Table 18.07.480;

b.    Public Buildings: Sites used for public buildings shall comply with the development standards in Table 18.07.480, Community Facilities Standards for Public Schools and Public Buildings. Minor utility facilities and those major utility facilities that are not intended for occupancy shall conform to development standards identified in subsection (D)(2) of this section, Development Standards;

Table 18.07.480 – Community Facilities Standards for Public Schools and Public Buildings

Use

Floor Area Ratio (FAR)1

Height

Setbacks2, 4, 5

Build-To-Line2,6

Maximum Impervious Surface3

Min

Max

Base

Max

Side

Rear

Public Schools, Compact

.757, 8

2.0

 

65'

7'

7'

0' – 20'

90%

Public Buildings

1. In Central Issaquah

.757, 8

5.0

 

85'

7'

7'

0' 9

90%

2. Outside Central Issaquah

65'

Footnotes:

1    Floor Area Ratio: The relationship between the amount of gross floor area in a building (or buildings) and the developable site area on which the building(s) stands. It is obtained by dividing the gross floor area of a building by the developable site area. Structured, underbuilding, and surface parking are not included in the gross floor area calculation.

Gross Floor Area of a Building(s)

 = FAR

Developable Site Area

2    Setbacks for critical areas are established in Chapter 18.10 IMC, Environmental Protection.

3    Impervious surface + pervious surface = one hundred (100) percent. 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.

4    The side and rear yard setbacks may be reduced to zero (0) feet when the property directly abutting the affected side and/or rear yard is under common ownership or when the side and/or rear lot lines abut rights-of-way and vehicular sight lines are met. An administrative adjustment of standards (AAS) may be sought by an applicant if the aforementioned conditions do not exist as allowed by IMC 18.07.330, Setbacks.

5    If the adjacent use is single family, then the side and/or rear yard setback is the same as the contiguous zoning.

6    The build-to line is the required placement of the building(s) on property frontage between the building and the right-of-way or private street edge if there is no right-of-way. Additional requirements for the area in between the property line and build-to line can be found in subsection (E)(13) of this section.

7    FAR reduction may be requested, if needed, for operational functions at the discretion of the Designated Official, using the administrative adjustment of standards process established in IMC 18.07.250, Administrative adjustment of standards. Approval criteria for FAR reduction is established in subsection (E)(19) of this section. For schools, operational functions include outdoor space that is used for required academic curriculum; for example: track and field areas.

8    For public buildings, community space is not counted in the FAR calculation.

9    Public buildings may request an increase to the build-to line using the administrative adjustment of standards process established in IMC 18.07.250, Administrative adjustment of standards, based on approval criteria established in subsection (E)(20) of this section, Approval Criteria for Build-To Line Increase.

3.    Process for Public Schools and Public Buildings: Level 3 review;

4.    Access: Existing or proposed motorized and nonmotorized access to facilities, including barrier-free, pedestrian and bike, are provided and identified;

5.    Environmental Impacts: The existing natural environment of the area shall be identified, along with impacts of the proposed facility upon the natural environment, and required mitigation shall also be identified;

6.    Linkage to Community Facilities: Linkage, if any, by pedestrian and/or bike trail to other community facilities is provided and identified;

7.    Maintenance: Long-term maintenance requirements are identified, funding options are noted, and a long-term maintenance program is provided;

8.    Phasing: Phasing, if any, of the construction of the facility is identified;

9.    Safety: The safety of all users is ensured through the use of posted regulations and user directions, adequate lighting, marked access points and other methods;

10.    Users: The potential users and general percentage of community that will benefit from the facility are identified, with potential conflict among user groups minimized;

11.    Waste/Recycling: Waste/recycling receptacles are provided and identified;

12.    Parking/Traffic: Provision for adequate on-site parking, with impacts of the proposed facility upon neighborhood traffic, and required mitigation shall also be identified;

13.    Build-To Line for Properties outside of Olde Town and Central Issaquah: If the facility is not built to the property line, the following is required in addition to other applicable design standards:

a.    Vehicular circulation and/or parking are not allowed in the space in between the building and the property line.

b.    The space in between the building and property line shall include landscaping with evergreen plantings to maintain year-round interest in combination with other hardscape elements, such as seat walls, benches, bicycle parking and other similar elements that enhance the social interactions and contribute to the public realm;

14.    All projects must comply with Central Issaquah Standards Chapter 10.0, Landscape, including Landscape and Decorative Requirements for Structured Parking Areas;

15.    Signs: All signs shall be kept to a minimum size which is compatible with the surrounding neighborhood and uses, while providing adequate visibility;

16.    All new public schools and public buildings shall provide a minimum of fifty (50) percent of the required parking in structure(s);

17.    Site: For new facilities, it has been established that alternative sites have been considered and it has been established that the proposed site is best suited for the development;

18.    Nonconforming Situations: Existing, legally nonconforming situations may be expanded as allowed (IMC 18.08.085, Expansion or reconstruction of nonconforming situations within the Community Facilities Recreation and Community Facilities – Facilities zones), if the aforementioned criteria of this section and IMC 18.08.060 are met, and it is determined that the public interest will best be served by an expansion of the nonconforming situation;

19.    Approval Criteria for FAR Reduction: Reducing the FAR is permitted only when all of the following criteria are met:

a.    The reduction is the least amount necessary for incorporation of operational functions and/or academic curriculum; and

b.    The reduction is no greater than fifty (50) percent of the minimum FAR listed in Table 18.07.480, Community Facilities Standards for Public Schools and Public Buildings; and

c.    The reduction will be equal to, or superior in, fulfilling subsection A of this section, Purpose and Intent;

20.    Approval Criteria for Build-To Line Increase: An increase to the build-to line is permitted only when all of the following criteria are met:

a.    The increase is necessary to provide a public benefit or amenity; and

b.    The increase is no greater than twenty (20) feet; and

c.    The increase will be equal to, or superior in, fulfilling subsection A of this section, Purpose and Intent.

F.    Exemptions: Emergency repairs as well as minor modifications, maintenance, repair or replacement of elements of an existing community facility are exempt from the supplemental development standards established herein and from 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 (Chapter 18.10 IMC). (Ord. 2868 § 1 (Exh. A), 2019; Ord. 2806 § 1 (Exh. C), 2017; Ord. 2413 § 3, 2004; Ord. 2283 § 2, 2000; Ord. 2274 § 6, 2000; Ord. 2108 § 7.5.1, 1996).

18.07.490 Outdoor recreation facilities.

A.    Purpose: The purpose of defining standards for outdoor recreation facilities is to ensure that safe and functional facilities are provided which are compatible with the surrounding area. Due to the diverse types of recreation facilities, the standards are general in scope.

B.    Approval Criteria: The following approval criteria are required for all outdoor recreation facilities:

1.    Access: Existing or proposed motorized and nonmotorized access to facilities, including barrier-free, pedestrian and bike, are provided and identified;

2.    Environmental Impacts: The existing natural environment of the area shall be identified, along with impacts of the proposed facility upon the natural environment, and required mitigation shall also be identified;

3.    Linkage to Community Facilities: Linkage, if any, by pedestrian and/or bike trail to other community facilities is provided and identified;

4.    Maintenance: Long term maintenance requirements are identified, funding options are noted, and a long term maintenance program is provided;

5.    Phasing: Phasing, if any, of the construction of the facility is identified;

6.    Safety: The safety of all users is ensured through the use of posted regulations and user directions, adequate lighting, marked access points and other methods;

7.    Users: The potential users and general percentage of community that will benefit from the facility are identified, with potential conflict among user groups minimized;

8.    Trailheads: Minimum requirements for trailheads include the following provisions:

a.    Class 1:

(1)    Parking: Fifty (50) to one hundred (100) cars (growth potential for two hundred (200));

(2)    Surface: In compliance with the existing jurisdictional standards;

(3)    Restrooms: Permanent facilities;

(4)    Public Telephone: Required;

(5)    Water: Drinking water plus wash-off area;

(6)    Waste/Recycling: Three (3) receptacles required;

(7)    Information: Interpretive center, information kiosk, maps, signs;

(8)    Monetary Charge: Donation box provided;

(9)    Equestrian Hitching Rail: Required only if horses are permitted in area;

(10)    Caretaker Unit: A single residential unit may be permitted for the sole use as a residence for a trailhead caretaker/manager;

b.    Class 2:

(1)    Parking: Ten (10) to twenty-five (25) cars (growth potential for fifty (50));

(2)    Surface: In compliance with the existing jurisdictional standards;

(3)    Restrooms: Permanent facilities;

(4)    Public Telephone: May be required;

(5)    Water: Drinking water plus wash-off area;

(6)    Waste/Recycling: Two (2) receptacles required;

(7)    Information: Information kiosk, maps, signs;

(8)    Monetary Charge: Donation box provided;

(9)    Equestrian Hitching Rail: Required only if horses are permitted in area;

(10)    Caretaker Unit: A single residential unit may be permitted for the sole use as a residence for a trailhead caretaker/manager;

c.    Class 3:

(1)    Parking: Ten (10) to twenty-five (25) cars (growth potential for fifty (50));

(2)    Surface: In compliance with the existing jurisdictional standards;

(3)    Restrooms: None required;

(4)    Public Telephone: None required;

(5)    Water: Drinking water plus wash-off area;

(6)    Waste/Recycling: One (1) receptacle required;

(7)    Information: Maps, signs;

(8)    Monetary Charge: Donation box provided;

(9)    Equestrian Hitching Rail: Required only if horses are permitted in area;

(10)    Caretaker Unit: A single residential unit may be permitted for the sole use as a residence for a trailhead caretaker/manager;

9.    Waste/Recycling: Waste/recycling receptacles are provided and identified;

10.    Parking/Traffic: Provision for adequate on-site parking; with impacts of the proposed facility upon neighborhood traffic, and required mitigation shall also be identified;

11.    Signs: All signs shall be kept to a minimum size which is compatible with the surrounding neighborhood and uses, while providing adequate visibility. (Ord. 2108 § 7.5.2, 1996).

18.07.500 Utility facilities.*

A.    Purpose and Intent: The purpose of this section is to:

1.    Ensure compatibility with surrounding uses regarding aesthetics, height, and other development standards; and

2.    Provide for utility facility improvements and additions necessary to meet local and regional needs and implement Issaquah’s Comprehensive Plan.

B.    Exemptions: Minor modifications, maintenance, repair or replacement of elements of an existing utility 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.    Major/Minor Utility Facilities: Major and/or minor utility facilities are subject to the review procedures identified in the Table of Permitted Land Uses (IMC 18.06.130) and shall be permitted when the following approval criteria established in this section are met.

D.    Approval Criteria – All Utility Facilities:

1.    Architectural Form and Character: A building which houses all or a majority of a utility facility must be compatible with the architectural form of surrounding buildings.

a.    Exceptions – Significant Elements: Compatibility of architectural form is not applicable to a utility facility where significant elements of the facility are not housed in a building; however, screening is required to ensure compatibility with adjacent uses.

b.    Exceptions – Isolated Elements: Compatibility of architectural form is not applicable for isolated minor elements such as pad mounted transformers, telephone pedestals and metering stations; however, screening is required, as established in this section, to ensure compatibility with adjacent uses.

2.    Development Standards: All buildings and structures shall conform to setback and height standards of the underlying zoning district as established (District Standards Table, Chapter 18.07 IMC).

a.    Exceptions – Height: Radio and television transmitting and receiving towers and overhead lines and poles may exceed the height limit of the zoning district; however, they shall meet all other approval criteria. Overhead transmission and distribution lines and poles shall also be exempt from the setback and screening requirements of the zoning district;

b.    Exception – Lot Size/Width: Minor utility facilities are not required to conform to the required lot size and width as established (District Standards Table, Chapter 18.07 IMC).

3.    Height: Communication towers and water storage tanks shall be designed so as to be the lowest height possible to adequately serve the needs of the utility.

4.    Undergrounding: Communication facilities shall be installed underground or within buildings to the greatest extent practical in order to maximize safety and minimize visual and noise impacts upon surrounding properties. Electrical distribution lines should also be installed underground in accordance with the terms and conditions established by the Washington Utilities and Transportation Commission.

5.    Comprehensive Plan Compliance: The proposed utility facility shall be consistent with:

a.    The need to serve the land use patterns and densities contemplated in the land use element of the Comprehensive Plan and, if applicable, the King County Comprehensive Plan;

b.    The public service obligations of the serving utility and its ability to provide service throughout its system;

c.    The utilities element of the Comprehensive Plan, including the goals and policies adopted therein and utility element map(s) showing the general location and capacity of all existing and proposed utility facilities.

6.    Noise: No machinery or equipment may cause noise beyond established state standards, as measured at the property line, electrical interference or similar disturbances.

7.    Residential Areas:

a.    Impacts: Such facilities shall, whenever possible, be located and designed to minimize adverse impacts on nearby residential areas;

b.    Storage: In residential zones, there shall be no outdoor storage of utility related vehicles or any outdoor storage of utility related materials outside the utility buildings or structures.

8.    Screening: The area devoted to the utility facility shall be screened to ensure compatibility with adjacent uses. Transformers, regulator stations, substations and other such mechanical structures shall be screened with landscaping and/or other such material that provides screening during the entire year. (Ord. 2108 § 7.5.3, 1996).

*Satellite dish antennas are addressed in accessory structures (IMC 18.07.110).

18.07.505 Wireless communication facilities.

Repealed by Ord. 2833. (Ord. 2746 § 5 (Exh. C), 2015; Ord. 2314 § 2, 2001).

18.07.510 Adult entertainment standards.

A.    Purpose and Intent: The purpose and intent of requiring standards for adult entertainment facilities is to mitigate the adverse secondary effects caused by such facilities and to maintain compatibility with other land uses and services permitted within the City.

B.    Applicability: The standards established in this chapter apply to all adult entertainment facilities and include, but are not limited to, the following: adult arcades, adult entertainment cabarets, adult motels, adult motion picture theaters, and adult retail stores.

C.    Limitations: The standards established in this chapter shall not be construed to restrict or prohibit the following activities or products: (a) expressive dance as defined in IMC 5.10.030(N); (b) plays, operas, musicals, or other dramatic works; (c) classes, seminars, or lectures conducted for a scientific or educational purpose; (d) printed materials or visual representations intended for educational or scientific purposes; (e) nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; (f) nudity within a hospital, clinic, or other similar medical facility for health-related purposes; and (g) all movies and videos that are rated G, PG, PG-13, R and NC-17 by the Motion Picture Association of America.

D.    Separation Requirements: Adult entertainment facilities may be permitted as established in the Table of Permitted Land Uses (ILUC 18.06.130) only if the following separation requirements are met:

1.    Location: An adult entertainment facility shall not be permitted to locate within five hundred (500) feet of any of the following zones or uses whether such zones or uses are located within or outside of the City limits:

a.    A residential zone as defined in Chapter 18.06 ILUC;

b.    A public or private primary or secondary school;

c.    A preschool or nursery school;

d.    A licensed day care center;

e.    A public library;

f.    A public park, private park open to the general public, public swimming pool, public playground, or other similar facility used primarily for community recreation;

g.    A gymnastics center, ballet school, the Issaquah Salmon Hatchery, or other similar facility used primarily by children for educational or recreational purposes;

h.    A church, temple, mosque, synagogue, chapel or other similar religious facility; and

i.    A residential, day treatment, or workshop facility primarily oriented towards persons with mental disabilities.

2.    Measurement: In calculating the measurement of the five hundred (500) foot buffer between an adult entertainment facility and a protected zone or use specified in ILUC 18.07.510(D)(1), such distance shall be measured by extending a straight line between the nearest boundary line of a protected zone or nearest physical point of the structure housing a protected use, to the nearest physical point of the structure housing an adult entertainment facility.

3.    One (1) Adult Entertainment Facility Per Site: No more than a single adult entertainment facility shall be permitted on any given site.

4.    North Issaquah Annexation Area: No adult entertainment facility shall be permitted to locate within the territory of the North Issaquah Annexation area, as described in Ordinance No. 2255, passed by the Issaquah City Council on December 6, 1999.

E.    Variance From Separation Requirements: Variances shall be granted from the separation requirements in ILUC 18.07.510(D) if the applicant demonstrates that all of the following criteria are met:

1.    The natural physical features of the land would result in an effective separation between the proposed adult entertainment facility and the protected zone or use in terms of visibility and access;

2.    The proposed adult entertainment facility complies with the goals and policies of the City’s Comprehensive Plan;

3.    The proposed adult entertainment facility is otherwise compatible with adjacent and surrounding land uses;

4.    There is a lack of alternative locations for the proposed adult entertainment facility; and

5.    The applicant has proposed conditions which would minimize the adverse secondary effects of the proposed adult entertainment facility.

F.    Application of Separation Requirements to Lawfully Located Adult Entertainment Facility: A protected use specified in ILUC 18.07.510(D)(1) shall not benefit from the separation requirements of this section if the protected use chooses to locate within five hundred (500) feet of a lawfully located and licensed adult entertainment facility. An adult entertainment facility is lawfully located if it has located within the City in accordance with the requirements of this section. (Ord. 2264 § 1, 2000; Ord. 2140 § 16, 1996; Ord. 2126 § 6, 1996; Ord. 2108 § 7.5.4, 1996).

18.07.512 Recreational marijuana facilities.

A.    Purpose: The purpose of this section is to minimize the impacts of recreational marijuana facilities on surrounding properties and ensure public safety while providing for appropriate siting of recreational marijuana facilities licensed in accordance with state law.

B.    General Requirements: Recreational marijuana facilities shall:

1.    Be entirely within a permanent enclosed structure with a roof. The structure shall comply with the City of Issaquah building codes and any other applicable codes;

2.    Be the primary use at a location. Recreational marijuana facilities are not allowed as an accessory use or as a home occupation (see IMC 18.06.130, Table of Permitted Land Uses, and IMC 18.07.470, Home occupations);

3.    Be operated by persons or entities holding a valid marijuana license from the Washington State Liquor and Cannabis Board issued under Chapter 314-55 WAC and any other applicable State laws and regulations;

4.    Obtain a City business license;

5.    Ensure that no horticulture production, processing or delivery of marijuana shall be visible to the public;

6.    Comply with any and all requirements of the Washington State Liquor and Cannabis Board; and

7.    Allow inspection of the site and facilities by City personnel including law enforcement for compliance with all applicable permits and licenses at any time during regular business hours.

8.    No more than two (2) retail facilities may operate in Issaquah at any time regardless of State allocations of retail marijuana licenses.

C.    Separation Requirements:

1.    Only one (1) recreational marijuana facility is allowed in a single tenant space, except a marijuana licensee holding both marijuana producer and marijuana processor licenses may locate their combined operation in a single tenant space;

2.    No recreational marijuana facility shall be permitted within five hundred (500) feet of any other recreational marijuana facility;

3.    No recreational marijuana facility shall be permitted within one thousand (1,000) feet of any use specified in RCW 69.50.331 and WAC 314-55-050, including the following:

a.    Elementary or secondary school;

b.    Playground;

c.    Recreation center or facility;

d.    Child care center;

e.    Public park;

f.    Public transit center;

g.    Library;

h.    Game arcade where admission is not restricted to persons age twenty-one (21) and over.

The distance shall be measured as the shortest straight line distance from the property line of the licensed premises to the property line of a use listed above, or as otherwise provided in Chapter 314-55 WAC; and

4.    If a use listed in subsection (C)(3) of this section locates within one thousand (1,000) feet of a recreational marijuana facility after the recreational marijuana facility is lawfully established, such use shall not benefit from the separation requirements of this subsection. A recreational marijuana facility is lawfully located under the Issaquah Municipal Code if it has located within the City in accordance with the requirements of this section.

D.    Application Requirements: An application for a recreational marijuana facility shall include the following information in addition to the application requirements for a Level 2 Administrative Site Development Permit (ASDP):

1.    The application shall be made by:

a.    A marijuana licensee; or

b.    An applicant for a marijuana license.

The application shall include a copy of the license or a copy of the license application. A permit shall not be issued for a recreational marijuana facility unless the applicant is a marijuana licensee;

2.    A map drawn to scale showing that the proposed recreational marijuana facility is at least one thousand (1,000) feet from all uses specified in RCW 69.50.331 and WAC 314-55-050. A survey prepared by a surveyor licensed in the state of Washington may be required by the Director; and

3.    The applicant shall submit a copy of the operating plan required by the Washington State Liquor and Cannabis Board as part of the license application.

E.    Signage: All signage shall comply with the requirements specified in WAC 314-55-155, Advertising, Chapter 18.11 IMC, Signs, and Chapter 18.19A IMC, Central Issaquah Area Development and Design Standards, as applicable.

F.    Security Requirements: A recreational marijuana facility shall:

1.    Have installed, prior to issuance of a business license, an operational security system that is monitored twenty-four (24) hours a day;

2.    Have installed, prior to issuance of a business license, an operational security camera system which retains recordings from all installed cameras for a period of not less than sixty (60) days;

3.    Have installed, prior to issuance of a business license, any other security system as required by WAC 314-55-083;

4.    Comply with the crime prevention through environmental design (CPTED) regulations in Appendix 2 of Chapter 18.07 IMC, Required Development and Design Standards, to the extent possible as determined by the Director; and

5.    Comply with all other provisions in WAC 314-55-083. (Ord. 2770 § 2 (Exhs. C12 – C14), 2016; Ord. 2715 § 6 (Exh. A5), 2014).

18.07.515 Collective gardens.

Repealed by Ord. 2770. (Ord. 2715 § 7 (Exh. A6), 2014; Ord. 2638 § 1, 2011; Ord. 2633 § 2, 2011).

18.07.520 Shopping center standards.

A.    Intent: The purpose and intent of providing specified standards for shopping center development is to:

1.    Provide efficient, convenient pedestrian-oriented, commercial centers that are developed at a human scale;

2.    Ensure that shopping centers are aesthetically and physically consistent with the City’s design goals, as established in the Design Criteria Checklist (Chapter 18.07 IMC, Appendix 2);

3.    Encourage mixed uses which offer a variety of services and goods within the City and provide an opportunity for shared parking;

4.    Require common public areas within shopping centers to encourage the human character and scale of pedestrian use.

B.    Definition: The following definition shall apply to all newly developed or renovated shopping centers. Shopping centers shall include:

1.    Any retail commercial development that is over twenty-five thousand (25,000) square feet, gross leasable area; or

2.    Any retail commercial development that is a combination of three (3) or more shops in a cluster or connected by an adjoining wall, roof, or other structural element.

C.    Approval Criteria:

1.    Access and Circulation:

a.    Motorized: Vehicular access shall function consistently and safely with adjacent land uses. Internal vehicle circulation shall not interfere with pedestrian access or common public areas.

 

b.    Nonmotorized: Pedestrian and bike access shall link adjacent areas. Trails and walkways shall connect common areas and parking areas and shall be barrier-free, well lit, and separated from motorized vehicle circulation routes.

2.    Common Areas: Required public common areas shall include, but not be limited to, seating, landscaping and other amenities.

a.    Enclosed Shopping Centers: For enclosed shopping centers, common areas shall be required outside and inside, and the inside common area shall be fifteen (15) percent of the total retail area. The internal corridor of the enclosed center shall be included as common area if seating, plantings and other amenities are provided.

b.    Outside Common Area: Outside common areas may include impervious surfaces and shall be barrier-free, well lit, and separated from motorized vehicle circulation routes.

3.    Design Standards: Shopping centers shall be reviewed through the Design Criteria Checklist (Chapter 18.07 IMC, Appendix 2).

4.    Parking: Parking shall be required and designed as established (Chapter 18.09 IMC).

5.    Pedestrian Orientation: A minimum of twenty-five (25) percent of the retail area must be oriented to pedestrians, through retail store frontage immediately adjacent to the front setback and/or side setback, whichever is more pedestrian oriented.

6.    Underlying Zoning: Uses permitted in shopping centers are the same as the uses permitted in the zoning district in which the center is to be located. (Ord. 2108 § 7.5.5, 1996).

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

A.    Purpose: The purpose of this section is to establish standards which minimize the impacts of extractive operations upon surrounding properties by:

1.    Ensuring adequate review of operating aspects of extractive sites;

2.    Requiring project phasing on large sites to minimize environmental impacts;

3.    Requiring minimum site areas large enough to provide setbacks and mitigations necessary to protect environmental quality; and

4.    Requiring periodic review of extractive and processing operations to ensure compliance with the most current operating standards.

B.    Grading Permits Required: Extractive operations shall commence only after issuance of a grading permit. Clearing and grading permit fees shall be assessed in accordance with IMC 3.65.040(A)(9).

    The Director of Public Works shall have the authority to issue permits for excavations, processing, quarrying and mining, and removal of sand, gravel, rock and other natural deposits, together with the necessary buildings, apparatus or appurtenances incident to fill or excavation activities of more than five hundred (500) cubic yards or clearing of more than six thousand (6,000) square feet. In conjunction with such operations, allied uses such as, but not limited to, rock crushers, concrete batching plants and asphalt batching plants may be authorized by this permit. The Director shall also have the authority to issue permits for the removal of existing stockpiles of previously mined material for the reclamation of land to its best use, consistent with the underlying zoning.

    The Director shall consider the effect of the proposed operation on the City road system and any effect it may have on surface or groundwater drainage and flood control, and shall make such recommendations as are necessary to protect the public interest in this regard.

    The Director shall also consider the effect of the proposed operation on the current and future land use in the area affected by the proposed operation and shall condition permits as necessary to protect the public interest in this regard.

C.    Nonconforming Extractive Operations: To the extent determined feasible by the City, nonconforming extractive operations shall be brought into conformance with the operating standards.

D.    Periodic Review: Periodic reviews provided in Chapter 18.05 RCW shall be limited to only a notice and comment period, any administrative decisions shall be final, and decisions may only be appealed to the King County Superior Court by petition under the Land Use Petition Act, Chapter 36.70C RCW et seq.

E.    Site Design Standards: Except as provided for nonconforming extractive operations in subsection C of this section, all extractive and processing operations shall at minimum comply with the following standards:

1.    The minimum site area of an extractive operation shall be ten (10) acres;

2.    Extractive operations on sites larger than twenty (20) acres shall occur in phases to minimize environmental impacts. The size of each phase shall be determined during the review process;

3.    Fences shall be:

a.    Provided in a manner which discourages access to safety hazards which may arise on areas of the site where:

(1)    Active extracting, processing, stockpiling and loading of materials is occurring;

(2)    Any unstable slope or any slope exceeding a grade of forty (40) percent is present; or

(3)    Any settling pond or other stormwater facility is present;

b.    At least six (6) feet in height above the grade measured at a point five (5) feet from the outside of the fence;

c.    Installed with lockable gates at all openings or entrances;

d.    No more than four (4) inches from the ground to fence bottom; and

e.    Maintained in good repair;

4.    Warning and trespass signs advising of the extractive operation shall be placed on the perimeter of the site adjacent to Residential zones at intervals no greater than two hundred (200) feet along any unfenced portion of the site where the items noted in subsections (E)(3)(a)(1) through (3) of this section are present;

5.    Structural setbacks from property lines shall be as follows:

a.    Buildings or structures used in the processing of materials shall be no closer than:

(1)    One hundred (100) feet from any Residential zoned properties except that the setback may be reduced to fifty (50) feet when the grade where such building or structures are proposed is fifty (50) feet or greater below the grade of said Residential zoned property; or

(2)    Twenty (20) feet from any other zoned property, except when adjacent to another extractive site; or

(3)    Twenty (20) feet from any public street;

b.    Offices, scale facilities, equipment storage buildings and stockpiles shall not be closer than twenty (20) feet from any property line except when adjacent to another extractive site;

6.    No clearing, grading or excavation, excluding that necessary for roadway or storm drainage facility construction, shall be permitted within twenty (20) feet of any property line except along any portion of the perimeter adjacent to another extractive operation; provided, that such activities may be pursuant to an approved reclamation plan;

7.    Landscaping as required pursuant to applicable IMC provisions shall be provided along any portion of the site perimeter where disturbances such as site clearing and grading, or mineral extraction or processing is performed, except where adjacent to another extractive operation; and

8.    Lighting shall:

a.    Be limited to that required for security, lighting of structures and equipment, and vehicle operations;

b.    Not direct glare onto surrounding properties; and

c.    Comply with IMC 18.07.107, Outdoor lighting.

F.    Operating Standards: All operating standards shall be in accordance with IMC provisions, except:

1.    Noise levels produced by an extractive operation shall not exceed levels specified by ordinance;

2.    Dust and smoke produced by extractive operations shall not substantially increase the existing levels of suspended particulates at the perimeter of the site and shall be controlled by watering of the site and equipment or other methods specified by the city;

3.    The applicant shall provide for measures to prevent transport of rocks, dirt and mud from trucks onto public roadways;

4.    Traffic control measures such as flagmen or warning signs as determined by the city shall be provided by the applicant during all hours of operation; and

5.    The applicant shall be responsible for cleaning of debris or repairing of damage to roadways caused by the operation.

G.    Reclamation: Pursuant to the Surface Mining Reclamation Act, Chapter 78.44 RCW et seq., a landowner or operator shall consult with the Department of Natural Resources to plan for segmented surface mining in accordance with statutory provisions. A reclamation plan must also be approved pursuant to the requirements of RCW 78.44.090 prior to the effective date of a rezone approval to Mineral Resource (“M”) zoning.

H.    Erosion Controls: Activities performed in conjunction with mineral extraction or processing are subject to state and federal statutes regulating surface groundwater, erosion and sedimentation. Such activities will be subject to the oversight of the Washington State Department of Ecology exercising its authority pursuant to the Federal and State Clean Water Acts and the National Pollution Discharge Elimination System (NPDES) General Permit for Sand and Gravel Operations.

I.    Financial Guarantees: Financial guarantees may be adopted as necessary to ensure compliance with conditions associated with clearing and grading permits for M Zone activities. Financial guarantees may include assignments of funds, cash deposit, and surety bonds, and/or other forms of financial security acceptable to the Planning Director.

1.    Financial guarantees shall be sufficient to cover the cost of conformance with conditions of the permit, including corrective work necessary to provide drainage consistent with approved plans and conditions, to remove geologic hazards, and to protect water quality and the public health, safety, and welfare. The financial guarantee may be reduced proportionately for phased projects as work is completed and subsequent reclamation and/or restoration on each phase is completed. The request for reduction shall be in writing.

2.    Financial guarantees may be waived on:

a.    Projects of less than one thousand (1,000) cubic yards;

b.    Reclamation projects with financial guarantees posted with the State of Washington Department of Natural Resources or with the federal office of surface mining.

3.    A cash guarantee shall accompany the operating permit and may be used after proper notice at the discretion of the Director to correct deficiencies affecting public health, safety and welfare, including effects on water quality. The amount of the cash guarantee shall be determined by the Director, and shall be maintained at the full value established by the Director at all times during the life of the permit.

J.    Property Adjacent to Natural Resource Lands: Any parcel of land adjacent to natural resource lands shall include measures that identify and notify development that “the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development. The notice for mineral resource lands shall also inform that an application might be made for mining-related activities, including mining, extraction, washing, crushing, stockpiling, blasting, transporting and recycling of minerals, and that processing of off-site mineral materials, including recyclables, may continue after all mineral extraction from the site ends.” Per RCW 36.70A.060, Natural resource lands. (Ord. 2462 § 24, 2006; Ord. 2405 § 4, 2004; Ord. 2233 § 14, 1999. Formerly 18.07.335).

18.07.527 Self-storage facility standards.

This section applies to any new construction of a self-storage facility, whether a new development or a new building within an existing self-storage facility or site. Remodels and repairs of existing self-storage buildings shall be addressed in accordance with Chapter 18.08 IMC, Nonconforming Situations.

A.    All Self-Storage Facilities Shall:

1.    Controlled Access: Have controlled access that is monitored electronically and/or by facility staff at all times.

2.    Colors: Have exterior colors, including any internal corridors or doors visible through windows, that are muted tones selected from the colors permitted in the Olde Town Design Standards, regardless of development location.

3.    Fencing: Have fencing that is low-maintenance material with articulation and/or prominent posts at intervals no greater than twenty-five (25) feet. Chain link fencing is not permitted.

4.    Landscaping and Lighting: Submit landscaping and lighting plans consistent with Land Use Code standards.

5.    Building Length: Have a maximum building length of one hundred fifty (150) linear feet, regardless of modulation, for any facade located within fifty (50) feet of and facing a residential zoned property or designated major street.

6.    Building Modulation: Have building modulation incorporated in the overall design to reduce the bulk and mass of the building(s).The modulation can take the form of indentations, extrusions and other various forms, with minimum modulation depth of at least three (3) feet, and minimum modulation width of at least eight (8) feet.

7.    Facade Variation: Have exterior vertical surfaces with at least fifty (50) percent of the area covered by a material or combination of materials such as decorative brick veneer, stone, stucco, textured block or similar decorative materials with no one material exceeding fifty (50) percent of said area.

8.    Roof Line Variation: Have roof line variation for any roof lines which exceed fifty (50) feet in length. Roof line variation shall be achieved using one (1) or more of the following methods:

a.    Vertical offset ridge line;

b.    Horizontal offset ridge line; or

c.    Variations of roof pitch.

9.    Right-of-Way Access: Not use any public right-of-way as a means of accessing individual storage units.

10.    Storage Unit Doors: Have no doors to individual storage units within the self-storage use or the appearance of such doors facing any residential property or a designated major street.

11.    Loading Bay Doors: Have no loading bay doors for access to the facility as a whole facing any Residential zoned property or designated major street unless the site location offers no alternative.

B.    Multi-Story Self-Storage Facilities Shall:

1.    Sense of Entry: Have an architecturally prominent entry and lobby.

2.    Windows: Have at least forty (40) percent of each facade at each floor composed of exterior wall openings filled with actual windows or designed to have the external appearance of the same in a manner consistent with the International Building Code (IBC). Such treatment may be omitted from those portions of facades that face inward to a self-storage development and are not visible from any surrounding right-of-way or property.

C.    Other Standards: Meet any additional design requirements that may apply as the result of design review consistent with standards in this chapter. (Ord. 2462 § 31, 2006).

Accessory Uses – Commercial

18.07.530 Accessory vending stands.

This section applies to any “stand” that is an exterior accessory use to a principal commercial use. The “stand” is not a permanent structure, and may be moved or disassembled.

A.    Approval Criteria: To permit an accessory commercial use, all of the following approval criteria shall be met:

1.    The stand is located in a permitted commercial district as listed on the Table of Permitted Land Uses (IMC 18.06.130);

2.    The stand receives a City Business License and any other applicable or associated permits or approvals;

3.    The stand is located on a sidewalk or near a store front consistent with barrier-free regulations;

4.    The stand location on the sidewalk or near a store front provides for at least four (4) feet of unobstructed sidewalk between the stand and the sidewalk edge for pedestrian movement; and

5.    No permanent fencing, walls, or other structures are installed which hinder removal of the structure from the site.

B.    Review Procedure: The review procedures for accessory commercial uses are governed by the Table of Permitted Land Uses (IMC 18.06.130). (Ord. 2462 § 32, 2006; Ord. 2108 § 7.5.6, 1996).

18.07.540 Private outdoor retail display/sidewalk sales.

A.    Purpose: The purpose of permitting outdoor retail display and/or a sidewalk sale as an accessory use to a permitted permanent use is to provide for economic opportunities for existing businesses while encouraging pedestrian activity in commercial areas.

B.    Approval Criteria: A permitted outdoor retail display or sidewalk sale shall meet the following approval criteria:

1.    Location: The outdoor retail display or sidewalk sale is located in a commercial district as allowed in the Table of Permitted Land Uses (IMC 18.06.130);

2.    Accessory: The outdoor retail display or sidewalk sale shall be accessory to a permitted permanent commercial use;

3.    Fire Access: Fire lanes shall remain fully open and accessible at all times;

4.    Barrier-Free: Location on sidewalk or near store front is barrier-free;

5.    Parking Area: No required parking stall shall be blocked or unusable as a result of the outdoor retail display or sidewalk sale;

6.    Safety/Visibility: Safe ingress and egress to the site shall be maintained. Visibility for transportation and pedestrian access shall be maintained;

7.    Duration: The limited duration of the outdoor retail display shall be established as a condition of approval of any applicable permits;

8.    Signage: A sign permit is required for exterior signage in accordance with the Issaquah Sign Code, Chapter 18.11 IMC; and

9.    Unobstructed Pedestrian Movement: At least four (4) feet of unobstructed sidewalk shall be provided between the building/structure and the sidewalk edge for pedestrian movement.

C.    Review Procedure: The review procedures for accessory commercial uses are governed by the Table of Permitted Land Uses (IMC 18.06.130). (Ord. 2553 § 4 (Exh B3), 2009; Ord. 2462 § 33, 2006; Ord. 2301 § 2, 2001; Ord. 2108 § 7.5.7, 1996).

18.07.550 Hazardous waste storage and/or treatment facilities.

As an accessory use, on-site storage and/or treatment facilities for hazardous waste shall be allowed for those permitted uses generating the waste and uses otherwise permitted within that zoning district. Such treatment and storage facilities shall be consistent with state siting criteria (Chapter 18.07 IMC, Appendix 4) adopted pursuant to Chapter 70.105 RCW, as now existing or amended, whether by state statute or the WAC provisions. (Ord. 2108 § 7.5.8, 1996).

18.07.560 Heliports.

Proposals for heliports shall be processed as established by the Table of Permitted Land Uses (IMC 18.06.130). The following approval criteria shall be required to approve applications for all heliports, including hospital transport or business/public use transport, as an accessory use:

A.    Type of Aircraft: The type of aircraft permitted to land at an approved heliport, the number of daily takeoffs, and hours of operation shall not adversely affect the adjacent area or the surrounding community;

B.    Approach and Departure Paths: Approach and departure paths shall be obstruction free and environmentally critical areas shall not be adversely affected. In addition, flight paths and altitude requirements shall be required to minimize noise and echoing within the Issaquah valley;

C.    No Flight over Residentially Zoned Areas: A heliport site must have flight path access directly to the interstate highway system which does not require flight over any residentially zoned properties;

D.    FAA Review: All applications to construct a heliport must include the results of the appropriate Federal Aviation Administration review. A determination of negative impact on navigable airspace by the FAA will result in denial of a City Land Use Permit, unless the applicant agrees to comply with the recommendations to mitigate such impacts. The mitigating measures shall be made conditions of the City’s Land Use Permit;

E.    Noise Reduction Program: The facility will commit to participate in a voluntary noise reduction program;

F.    Primary Surface: The heliport primary surface shall have a level grade and dust-proof surface;

G.    Public Use Heliports: Public use heliports shall be marked in accordance with FAA recommendations and shall follow stricter regulations and enforcement regarding:

1.    Traffic patterns over freeway paths only, with limited hours of operation – use at night, if permitted, shall be limited;

2.    Overflying provisions;

3.    Noise control (for immediate area and entire valley);

4.    Altitude restrictions that do not permit low flying over the City, except over freeway paths;

H.    Lighting: All heliports intended to accommodate night landings shall be lighted in accordance with FAA recommendations;

I.    Physical Constraints: Access to heliport landing areas, except water surfaces, shall be controlled by physical restraints. If fences, walls or parapets are used for access control, the minimum height shall be forty-two (42) inches;

J.    Landing Areas: Heliport landing areas shall be at least 1.5 times the overall length of the largest helicopter expected to use the facility;

K.    Touchdown Pads: Touchdown pads shall have a dimension equal to the rotor diameter of the largest helicopter expected to operate from the facility;

L.    Heliport Approach Surface: Each helicopter landing area shall have at least one (1) obstruction-free heliport approach path conforming to the definition of “heliport approach surfaces;”

M.    No Obstructions: No obstructions, natural or manmade, will be permitted within the heliport primary surface, heliport approach surfaces, or heliport transition surfaces;

N.    Signage: All approaches to helicopter operation areas will have conspicuous signs notifying approaching persons; and

O.    Modifications: These requirements may be modified in special circumstances upon written technical evaluation and recommendation of the nearest FAA Airport District Office, or Washington State Department of Transportation, Division of Aeronautics Office. (Ord. 2108 § 7.5.9, 1996).

Temporary Accessory Structures

18.07.570 Temporary commercial buildings, structures or uses.

A.    Review Procedure: The review procedures for temporary commercial buildings, structures or uses are governed by the Table of Permitted Land Uses (IMC 18.06.130).

B.    Approval Criteria of All Temporary Commercial Buildings, Structures or Uses: The following approval criteria shall be met before approval is granted:

1.    Barrier-Free: The location of the building, structure or use on the sidewalk or near the store front is consistent with barrier-free regulations;

2.    Commercial District: The temporary building, structure or use is located in the commercial districts which are listed on the Table of Permitted Land Uses;

3.    Business License: The building, structure or use receives a City Business License which states the exact date the temporary building/structure must be removed;

4.    Compliance: The temporary commercial building, structure or use complies with all the approval criteria within this section of the Code;

5.    Outdoor Display: A temporary building, structure or use shall not include outdoor display for retail sales unless that use is a seasonal agricultural vendor such as a produce stand or a Christmas tree stand;

6.    Removal: No permanent fencing, walls, or other structures are installed which will hinder removal of the structure from the site;

7.    Safe Access/Visibility: The building, structure or use is located where safe ingress and egress from the street can be provided, including a clear sight area adjacent to the street;

8.    Unobstructed Pedestrian Movement: The building, structure or use location on the sidewalk or near a store front provides for at least four (4) feet of unobstructed sidewalk between the building/structure and the sidewalk edge for pedestrian movement;

9.    CBD: Outdoor retail display and vending stands that are not accessory to a permanent permitted use are not allowed in the CBD, except for seasonal vending stands which are limited to Christmas tree stands and/or produce (fruit and vegetable) stands; and

10.    Vending Stands: Seasonal or nonaccessory vending stands shall not be allowed in one (1) location for over sixty (60) days.

C.    Trailers for Construction and Real Estate Sales Offices:

1.    Compliance: Temporary trailers for construction and/or real estate sales offices normally associated with construction of a building or development are permitted. The temporary structure and its site location must be approved by the Building Department. Due to the function of these uses, and their association with construction sites, the approval criteria for temporary buildings/structures may not be appropriate as determined by the Planning Director/Manager.

2.    Removal: The temporary trailer or building must be removed from the site prior to the issuance of a Certificate of Occupancy for the building or use. (Ord. 2552 § 5, 2009; Ord. 2462 § 34, 2006; Ord. 2108 § 7.5.10, 1996).

Master Site Plans

18.07.580 Purpose.

The following land use actions are reviewed through the Level 5 Review process which ensures review for consistency with the applicable approval criteria and other Codes. (Ord. 2447 § 43, 2005).

18.07.590 Master Site Plans.

A.    A request for a master site plan shall be filed with the Permit Center on a form provided by the Planning Department and shall be reviewed through the Level 5 Review process (see the Levels of Review Matrix, IMC 18.04.100).

B.    Purpose: The purpose of the master site plan process is to provide flexibility to develop large parcels of land with a developable site area of fifteen (15) acres or greater, while assuring that:

1.    Appropriate provisions are made for, but not limited to: water, sanitary sewer, drainageways, utilities, motorized and nonmotorized transportation circulation improvements, police and fire service, and any other applicable services;

2.    Critical areas will be protected;

3.    Usable open space will be provided;

4.    Provisions are set forth for pedestrian and vehicle circulation including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;

5.    Maximum densities are established for each of the proposed land uses, as established in the Table of Permitted Land Uses (IMC 18.06.130) and District Standards Table (IMC 18.07.360);

6.    General design elements and linkage components are established per the master site plan approval criteria; and

7.    Approval criteria and mitigation measures are established. (Ord. 2746 § 3 (Exh. C), 2015; Ord. 2447 § 44, 2005).

18.07.600 Review.

A Master Site Plan shall be reviewed through the Level 5 Review process (see Chapter 18.04 IMC, Procedures). (Ord. 2447 § 45, 2005).

18.07.610 Intent.

The intent of the Master Site Plan process is to encourage large parcels of land to be developed as a unit of compatible uses with accommodations made for natural site and environmental conditions, in compliance with the goals and policies of the Comprehensive Plan. (Ord. 2447 § 46, 2005).

18.07.620 Applicability.

The master site plan process is required for all proposals which are commonly owned, contiguous parcels of land with a developable site area totaling fifteen (15) acres or more which are not exclusively single family. An applicant with a proposal of less than fifteen (15) acres which meets all other criteria may choose to process a master site plan because of the comprehensive planning benefits from this process. A master site plan is not required for the location of a minor utility on more than fifteen (15) acres. (Ord. 2746 § 3 (Exh. C), 2015; Ord. 2447 § 47, 2005).

18.07.630 Land ownership requirements.

The following conditions relate to ownership of all properties proposed for development under a Master Site Plan application:

A.    All property owners within a proposed Master Site Plan development must execute an agreement approved by the City and binding on their successors in interest, which:

1.    Assures unified control of all properties involved in such application until the proposed Master Site Plan is either approved or disapproved by the City Council or until the application for the Master Site Plan is withdrawn; and

2.    Ensures coordinated development of property under multiple ownership.

B.    In case of a multiple ownership a single legal entity shall be created prior to approval of a Master Site Plan development. Such an entity shall have responsibility for compliance with all conditions of approval for Master Site Plan development. (Ord. 2447 § 48, 2005).

18.07.640 Application for a Master Site Plan.

The following are requirements for the submittal and acceptance of a “Complete Application” for a Master Site Plan. The Master Site Plan application shall be filed with the Permit Center on forms which shall, at a minimum, include the following:

A.    Proof of compliance with the requirements as specified in IMC 18.07.630, Land ownership requirements;

B.    A development plan and supporting data as specified in IMC 18.07.650, Master Site Plan contents;

C.    An environmental checklist;

D.    A fee to cover the cost of processing the Master Site Plan proposal, as specified in the Fee Schedule; and

E.    Proposed covenants, conditions and restrictions as required in IMC 18.07.650, Master Site Plan contents. (Ord. 2447 § 49, 2005).

18.07.650 Master Site Plan contents.

A project development site plan and supporting data of the Master Site Plan shall include, at a minimum, all of the following:

A.    Area Description and Maps: A general description and maps of the area being proposed for the Master Site Plan development including existing land uses, current land use designations, and any environmentally critical areas;

B.    Property Description and Maps: A general description and maps of the development proposed including general types of land uses; site coverage, and densities for the property as a whole (or, if required, smaller portions of the property); approximate building locations and building heights; any significant physical alterations to the land; location of open spaces; public and private roadways; recreational facilities; drainage facilities; utilities and other public facilities. The applicant shall also include proposed site design criteria which will ensure continuity and compatibility of design features and provide for a unified design theme. For development proposals that consist of thirty (30) acres or more, and having an extensive development period, the required information relating to approximate building locations and heights may be expressed in a more general form if given written approval by the Planning Director/Manager during the preapplication stage. These more generalized provisions may be in the form of design guidelines that are adopted as part of the Master Site Plan, restrictive covenants approved by the City, and/or other means acceptable to the City;

C.    Subdivision Plan: A plan to subdivide the property for either sale or lease, or a binding site plan for either sale or lease, if applicable. For the purposes of such subdivision, a Master Site Plan may serve as a binding site plan where such Master Site Plan satisfies the requirements as set forth in Chapter 58.17 RCW;

D.    Property Improvements Plan: A plan providing for all improvements including streets, utilities, and public facilities to be dedicated or otherwise given to the City which shall include:

1.    Assignment of responsibility for the cost and construction of those improvements; and

2.    A schedule to indicate at what point in the proposed development process those improvements are to be completed and dedicated to the City in order to ensure that those necessary services are provided with each appropriate phase of the development;

E.    Phasing: Any proposed phasing of the development with an estimated development timetable;

F.    Covenants, Conditions and Restrictions: The applicant shall submit covenants, conditions and restrictions for review and approval by the City. These covenants shall provide for, at a minimum, the following:

1.    Maintenance, repair, and operation of all the commonly owned properties and facilities on or within the property subject to the Master Site Plan including open space, recreational areas, any required environmental conditions, utilities, walkways, and roads;

2.    Compliance with and enforcement of any conditions imposed by the City on the approval of a Master Site Plan. These covenants shall be binding on all the property owners and successors subject to Master Site Plan approval. The City may require proof that these covenants have been properly recorded and that they shall remain in effect prior to the issuance of any permit or approval for the development or use of the property subject to the Master Site Plan approval; and

G.    Additional Information: Such additional and/or more detailed information as may be required by the City in order to evaluate the proposal in relation to the approval criteria. (Ord. 2447 § 50, 2005).

18.07.660 Approval criteria.

The following approval criteria apply to all master site plan proposals:

A.    Other Permit Approvals: The master site plan shall be approved prior to, or in conjunction with, all other development review procedures or permits as required by the City, including but not limited to the following: subdivisions, short subdivisions, site development permits, clearing/grading permits, shoreline substantial development permits, variance requests, and zone reclassifications.

B.    Clearing/Grading Permit: No clearing/grading permit may be issued prior to master site plan approval for any clearing or grading that is related to the master site plan application or project.

C.    Site Development Permit: No site development permit may be issued prior to master site plan approval for any site development that is related to the master site plan application or project.

D.    Design Criteria Checklist: All elements listed in the Design Criteria Checklist (see Appendix 2 of this chapter) are reviewed by the staff and the Development Commission.

E.    Cost of Improvements: The following are approval criteria which apply to the cost and construction of improvements related to the master site plan development:

1.    The costs of construction and installation of all required on-site and off-site improvements shall be paid for by the owners and/or developers of the site (or by other means).

2.    The determination of the nature and extent of required off-site improvements shall be made by the City Council upon consideration of the recommendation by the Administration and other reviewing agencies. Such determination shall be based upon projected impacts of the entire development. In projects which are developed in phases, the improvements required may, upon approval by the City, be built in phases that are related to the need for such improvement created by each phase.

3.    Costs of on-site and off-site improvements shall include those which are anticipated because of development impacts upon existing facilities requiring present expenditures, or from impacts upon the demand for new or expanded facilities which will require future expenditures. In the case of anticipated impacts requiring present expenditures, the City shall not approve any application in connection with the development until such improvement has been made or until satisfactory arrangements for paying the costs of such improvement have been approved by the City. In the case of impacts which will require future expenditures, the City shall not approve any application in connection with the proposed development prior to obtaining a binding and secured commitment from the proponent to pay that portion of the cost of the needed improvement, which, when undertaken, is determined by the City to be reasonably related to the portion of the total need or demand for the improvement which will be created by impacts from the proposed development.

F.    Review and Recommendation Responsibility: The Development Services Director and Development Commission shall recommend approval of a master site plan to the City Council if the following elements are demonstrated by the applicant in the master site plan application:

1.    Comprehensive Plan Consistency: The project is compatible with and permitted by the Issaquah Comprehensive Plan and any other applicable area plan adopted by the City;

2.    Permitted Use Compatibility: The proposed project will be compatible with permitted land uses in the vicinity of the project site;

3.    Site Plan Contents: The following areas are clearly identified and marked on the master site plan:

a.    Environmentally critical areas and any required buffer and/or setback area;

b.    Future development areas and the proposed land use in the form of a project development site plan;

c.    Areas of historical or cultural significance;

d.    Required buffer and setback areas (per this chapter), and required and proposed easements;

4.    Density: Specific densities have been identified for each phase of the proposed development;

5.    Streets and Sidewalks: Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; are adequately designed and delineated on the proposed project development site plan; and are to be completed by the completion date of the development;

6.    Utility Services and Other Improvements: Utility services and other improvements, existing and proposed, are adequate for the development and are to be completed by the estimated completion date of the development as designated in Covenants, Conditions and Restrictions;

7.    Phasing: Each phase of the proposed development, as it is planned to be completed, provides for the required parking spaces, streets and sidewalks, recreation facilities and park land, landscape and open spaces, critical area designations and buffers and utility service areas, and rights-of-way necessary for creating and sustaining a desirable and stable environment;

8.    Subdivision: If a subdivision application is being processed concurrently with a master site plan, conformance with the requirements of Chapter 18.13 IMC shall be required;

9.    Design Continuity: Design continuity is achieved through repetition of certain plant species and other landscape materials, certain building materials and other design concepts;

10.    Accessory Structures: Accessory structures, including street furniture, mailboxes, kiosks and street lighting, will be designed to be part of the overall project design component and will provide uniformity and linkage through the site;

11.    Nonmotorized Circulation: Linkages for safe circulation for pedestrians and bicycles shall be consistent with IMC 18.07.080, Nonmotorized facilities;

12.    Public Access: Appropriate provisions are made for public access to any lakes, streams and scenic corridors within the site. The access provided must be environmentally sensitive in its design and implementation; and

13.    Signage: The signage has consistent elements, such as color, shape, size, and graphics, which maintain consistency and uniformity throughout the project. (Ord. 2746 § 3 (Exh. C), 2015; Ord. 2447 § 51, 2005).

18.07.670 Final recommendation.

Repealed by Ord. 2501. (Ord. 2447 § 52, 2005).

18.07.680 City Council final decision.

Repealed by Ord. 2501. (Ord. 2447 § 53, 2005).

18.07.690 Termination of approval and extensions of time.

Repealed by Ord. 2501. (Ord. 2447 § 54, 2005).

Appendix 1

FENCE MEASUREMENT GRAPHIC

(Ord. 2108 Ch. 7 Appx. 1, 1996).

Appendix 1a

GRADE MEASUREMENT GRAPHIC

How to determine average grade:*

Step 1: Make an accurate scaled drawing of the building footprint on the site. The drawing needs to show the existing and proposed topography (using contour lines, at two (2) foot intervals).

Step 2: Show points on the drawing every ten (10) feet around the building footprint. For each point, provide spot elevations of the topography either as it exists today or as proposed, whichever is lower.

Step 3: Add up all of the spot elevations, and divide by the quantity of those spot elevations. This is the average grade.

Calculating the Average Grade

A+B+C+D thru M+N+O+P (add all spot elevations) = Average Grade

             16 (divide by # of spot elevations)

*Note: A similar method may be used as approved by the Planning Department.

(Ord. 2447 § 33, 2005).

Appendix 1b

BUILDING HEIGHT MEASUREMENT

How to show a proposed building complies with height limitations:*

Provide a drawing of each building elevation (north, south, east, and west). With a solid line, show the average grade on each and indicate in numerical terms (in example: 24.58') the elevation of that grade.

Provide another line corresponding to the highest point appropriate for the roof type. Indicate in numerical terms (e.g., 54.27') the elevation of that height.

*Note: A similar method may be used as approved by the Planning Department.

(Ord. 2447 § 34, 2005).

Appendix 2

DESIGN STANDARDS

Design Criteria Checklist

Instructions: This checklist is used to review a project proposal’s consistency with the City’s design criteria for Level 0, 1, 2, 3, 4, 5 and 6 Review. This checklist information, provided by the Planning Director/Manager (Level 0, 1 and 2) or the Development Commission (Level 3, 5 and 6) or the Hearing Examiner (Level 4) to the applicant is intended to be clear direction on the conditions necessary for design approval of the project’s finalized application. It is understood that a Level 0, 1, 2 and 3 Review shall receive more detailed and specific direction provided by the Planning Director/Manager (Level 0, 1 and 2) or Development Commission (Level 3) regarding design criteria than a Level 5 or 6 Review due to the larger size and scope of a Level 5 Review.

1.    If the design criteria has not been addressed to the satisfaction of the Planning Director/Manager (Level 0, 1 and 2) or Development Commission (Level 3 and 5) or Hearing Examiner (Level 4), clear written direction shall be identified as to how the project can meet the specific design criteria in the column titled “Conditions of Approval.”

2.    If the design criteria has been addressed on the current site plan to the satisfaction of the Planning Director/Manager (Level 0, 1 and 2) or Development Commission (Level 3, 5 and 6) or Hearing Examiner (Level 4), the date of that site plan shall be listed in the column “Acceptable” so that there is clear direction to the applicant for the final application.

3.    “N/A” = “Not Applicable to this project.”

Additional Criteria: Adopted photographs and a color system (Ord. 1983) exemplify and illustrate the written design criteria within this checklist and shall be considered in interpreting and applying the written criteria. Copies of these photographs and color system shall be kept on file at the City Planning Department and are available for public inspection during regular business hours. The photographs and the color system are part of this checklist for interpreting and applying the written criteria.

 

 

Conditions of Approval

Acceptable

N/A

A. Site Layout and Overall Design Concepts

 

 

 

1.

Building Location: Building locations and their orientation to one another provide for pedestrian/people areas such as courtyards, plazas, pocket parks, etc.

 

 

 

2.

Energy Efficient Design: The project is oriented to receive maximum winter sun benefit and uses architectural features and/or landscaping to screen summer sun.

 

 

 

3.

Functional Site Design: Design and layout of the buildings, parking areas, pedestrian areas, landscape and open areas are conducive to the existing topography and existing features of the site. Parking areas are designed so that they function well with the overall site design; for instance, parking areas provide safe and efficient nonmotorized movement, and traffic flow is predictable within the designated parking areas and driveways.

 

 

 

4.

Lighting:

 

 

 

 

a. Lighting standards and fixtures are of a design and size compatible with the general character of the building and adjacent areas, including other lighting standards/fixtures. Design compatibility includes the following lighting standard/fixture characteristics: architectural style, standard/fixture color, light color, decoration, material, placement, texture and shape.

 

b. Lighting complies with IMC 18.07.107, Outdoor lighting.

 

 

 

5.

Natural Setting – Views: The relationship of the natural setting of the valley and surrounding mountains is used to enhance the overall design and layout of the plan in the following ways:

 

 

 

 

a. Hillside Design: Structures built on hillsides are designed so that they blend into the hillside to minimize their visible impact to surrounding areas. The ridgeline of the hillside is not broken by any structures, lighting standards/fixtures, or loss of vegetative cover. Methods to integrate the structure into the hillside include: height control; colors that are muted instead of brilliant or bright colors; maintenance of existing trees to the greatest extent possible; and/or other appropriate methods.

 

 

 

b. Primary Views: Public views of Mount Rainier, Cougar, Squak and Tiger Mountains are not blocked; for example, the view of Mount Rainier from Rainier Blvd. and the railroad ROW pathway should remain unobstructed.

 

 

 

6.

Existing Vegetation/Topography Features: Existing vegetation, topography and other features of the site are preserved and integrated into the overall site design. Suitable existing vegetation shall be preserved, and measures to assure its preservation shall be provided.

 

 

 

7.

Historical/Cultural Landmarks: Historical and cultural landmarks, and Issaquah Treasures (as adopted by Resolution 93-15) are preserved and integrated into the overall site design.

 

 

 

B. Landscape Design and Use of Plant Materials

 

 

 

1.

Design Elements: Architectural screens, fountains, and pavings of wood, brick, stone, gravel and/or other similar methods and materials are used in conjunction or combination with plant materials (or in place of plant materials where planting opportunities are limited).

 

 

 

2.

Design Unity: Unity of design is achieved through repetition of certain plant varieties and other materials and by correlation with adjacent developments.

 

 

 

3.

Enhanced Design:

 

 

 

 

a. The landscape design of the site strengthens vistas and important focal points, provides for both solar exposure and shading where desirable, and retains significant existing vegetation.

 

 

 

 

b. Trees and shrubs are planted in parkways or paved areas where building sites limit plantings.

 

 

 

c. Parking areas and traffic ways are enhanced with landscaped areas that contain trees and tree groupings (see also “Nonmotorized and Vehicular Areas – Design – Parking Areas”).

 

 

 

4.

Usable Open Space Design: The usable open space includes significant areas which have aesthetic value and/or value for recreational purposes and is easily accessible to the users of the development and to the general public (in cases where the open space has been dedicated), unless this guideline conflicts with the purpose and intent of the critical areas regulations.

 

 

 

5.

Plant Materials – Selection:

 

 

 

 

a. Appearance/Maintenance: Plant materials are selected for their structure, texture, and color as well as their ultimate growth and ease of maintenance.

 

 

 

 

b. Noxious or Destructive: Plant materials used for landscaping purposes are not destructive to sewer or water systems, sidewalks, building foundations or any other structure or utility. Noxious weeds and other plant materials including purple loosestrife and invasive species of ivy are not utilized in landscape planting plans.

 

 

 

 

c. Safety: Alder trees, cottonwood trees or other trees that typically grow very quickly, have weak trunks and branches and are prone to falling are not proposed for planting in parking areas, next to buildings or other structures or in any pedestrian-oriented area. Tree selection and placement should not diminish required outdoor lighting illumination of the intended pedestrian areas and parking lots. Tree selection and placement may be used to screen lighting from adjacent properties or downgrade viewing.

 

 

C. Design Harmony and Compatibility

 

 

 

1.

Accessory Structures: Street furniture, mailboxes, kiosks, lighting standards/fixtures, and accessory structures located on private property, public ways and other public properties are designed as part of the architectural concept of the building and landscape design.

 

 

 

2.

Building Materials/Components:

 

 

 

 

a. Scale: Building components, such as windows, doors, eaves, parapets, and signage have the same proportions, scale and relationship to one another. Building materials shall incorporate fire protection and emergency services access.

 

 

 

 

b. Durability/Maintenance: Materials and finishes are selected for their durability and wear. Proper measures and devices are incorporated for protection against the elements, neglect, damage, and abuse. Configurations that tend to catch and accumulate debris, leaves, trash, and dirt should not be used.

 

 

 

3.

Compatibility: The proposed development is designed and oriented to be compatible with existing permitted land uses adjacent to the site and with the surroundings, both manmade and natural. Elements influencing compatibility include but are not limited to color, signage and lighting, size, scale, mass, and architectural style and design.

 

 

 

4.

Design Components:

 

 

 

 

a. Colors: Bright and/or brilliant colors are used only minimally for accent.

 

 

 

 

b. Modulation: Modulation has been incorporated in the overall design to reduce the bulk and mass of the building(s).

 

 

 

 

c. Facade: Articulate the different parts of a building’s facade by use of color, arrangement of facade elements, or a change in materials.

 

 

 

 

d. Ground Level: Avoid blank walls at the ground level. Utilize windows, trellises, wall articulation, arcades, changes in materials, or other features.

 

 

 

e. Large Structures: Large dominating structures should be broken up by creating horizontal emphasis through use of trim, adding windows or other ornamentation, use of colors, and landscape materials.

 

 

 

 

f. Corporate Style: The use of standard “corporate” architectural style associated with chain-type business is strongly discouraged.

 

 

 

5.

Signage:

 

 

 

 

a. Architectural Element: Every sign is designed as an integral architectural element of the building and site to which it principally relates; lighting of signage is compatible with the architectural character of building; and is compatible with signs on adjoining premises.

 

 

 

 

b. Graphic Elements: Graphic elements are held to the minimum needed to convey the sign’s major message and are composed in proportion to the area of the sign face.

 

 

 

 

c. Materials: The colors, materials, and lighting are held to the minimum needed to convey the sign’s major message and are composed in proportion to the area of the sign face.

 

 

 

 

d. Scale/Proportion: Every sign is of compatible scale and proportion in design and visual relationship to buildings and surroundings.

 

 

 

6.

Transition:

 

 

 

 

a. The proposed development transitions well with adjoining, permitted land uses through architecture and landscaping in conformance with allowable setbacks.

 

 

 

 

b. Conflicting Architectural Styles: In applicable cases, structures are made compatible with adjacent buildings of conflicting architectural styles by such means as screens and site breaks, or other suitable methods and materials.

 

 

7.

Projects with Multiple Structures: Variable siting of individual buildings, heights of buildings, building modulation or other methods are used in order to prevent monotonous design.

 

 

 

D. Nonmotorized and Vehicular Areas

 

 

 

1.

Barrier-Free: The location of the handicap access ramp is in close proximity to designated parking space(s).

 

 

 

2.

Circulation/Trail Access: Linkages for safe circulation for pedestrians and bicycles are provided within the site, and connect adjoining existing or proposed sidewalks and bicycle paths. Developments, including single family subdivisions, maintain trail access to existing and established trails through dedication of public easements.

 

 

 

3.

Design – Parking Areas: Vehicle parking areas are designed into the project in a manner that screens the majority of the parking area from both the public and the building occupants. Methods for limiting the visibility of the parking area to the surrounding area include: orienting parking areas away from building and pedestrian areas; placing the building adjacent to the main roadway, with parking behind the building; screening parking areas with intensive landscape barriers which provide solid screening during all seasons; using wooden fencing, berms or other solid method of screening; and/or other creative means.

 

 

 

4.

Public Access – Adjacent to Site: In areas where lakes, parks and scenic or shared use corridors and other recreational areas are adjacent to the project boundaries, public access is encouraged and enhanced in an environmentally sensitive manner beyond the predevelopment status.

 

 

5.

Public Access – Within Site: In nonresidential projects, provisions are made for public access to any lakes and to scenic corridor areas within a site. The access is environmentally sensitive in design.

 

 

 

6.

Trail and Nonmotorized Facility Design: Pedestrian and bicycle paths are designed to limit conflicts between motorized and nonmotorized modes, by providing a separated walkway system, bicycle facilities, permanent markings, and other methods. Trails or other nonmotorized facilities should use features such as setbacks, landscaping, fencing, grade separation, and sight lines to maximize the privacy provided to any adjacent single family homes.

 

 

 

7.

Transition of Design Elements and Amenities: The site plan provides a desirable transition in relation to the streetscape, including adequate planting, safe nonmotorized movement, and parking areas.

 

 

 

E. Service and Storage Areas

 

 

 

1.

Screening – Service Yards and Outdoor Storage: Service yards, machinery storage, other storage areas, dumpster/recycling areas and other places which tend to be unsightly are screened through the use of walls and/or fencing of solid material, softened or accented by plantings. The height of the walls/fencing shall be six (6) feet in height, or at least the height of the items to be screened. Screening will be effective in both winter and summer. For example, in the IC zone, although both would be softened by plantings, a six (6) foot solid fence/wall may be preferable to a twelve (12) foot solid wall/fence which completely screens heavy machinery since the adjacent uses could be “intensive commercial” as well.

 

 

 

2.

Screening – Mechanical Equipment: Mechanical equipment is completely screened. Screening will be effective in both winter and summer. Examples of mechanical equipment include electrical transformer pads and vaults, communication equipment, and other utility hardware on roofs, grounds or buildings.

 

 

 

3.

Screening – Display Areas: Outdoor display areas for vehicles, other equipment for sale or rent, or live plant material are landscaped in a manner that breaks up the mass of pavement or displayed items but need not be landscaped to have the same screening effect required for a service or storage area.

 

 

 

Crime Prevention through Environmental Design (CPTED “sep-ted”)

CPTED principles, performance standards and strategies are used during project development review to identify and incorporate design features which reduce opportunities for criminal activity to occur. CPTED design principles are functional grouped into four categories:

1.    Access Control: This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access.

2.    Natural Surveillance: This category focuses on strategies to design the built environment in a manner that promotes visibility of public spaces and areas.

3.    Territorial Reinforcement/Ownership: This category focuses on strategies to reduce the perception of areas as “ownerless” and therefore available for undesirable uses.

4.    Target Hardening: This category focuses on strategies to reduce the ability to enter the building. Strategies include deadbolts on outside doors, door locks at least 40 inches from adjacent windows; however, no landscaping strategies are included.

Instructions: This checklist is used to review a project proposal’s consistency with the City’s landscape requirements as they relate to CPTED. The applicant is required to meet these requirements. This checklist information, provided by the Planning Director/Manager to the applicant, is intended to be clear direction on the conditions necessary for approval of the project’s application in regard to CPTED requirements.

F. CPTED Implementation Measures Involving Landscaping1

Criteria Checklist

 

Access Control

Natural Surveillance

Territorial Reinforcement

CPTED Criteria Checklist

Conditions of Approval

Acceptable

N/A

Subdivisions

Paving treatments, plantings and architectural design features such as a columned gateway guide visitors away from private areas

Landscaping should not create blind spots or hiding spots

Entrances should be accentuated with different paving materials, changes in street elevation, architectural and landscape design

 

 

 

Single Family

Walkways and landscaping direct visitors to the proper entrance and away from private areas

Properly maintained landscaping provides maximum viewing to and from the house

Property lines and private areas should be defined with plantings, pavement treatments or fences

 

 

 

Multifamily

Entrances into parking lots should be defined by landscaping, architectural design or monitored by a guard

Shrubbery should be no more than three (3) feet high for clear visibility in areas where surveillance is important such as entries to buildings or parking areas

•    Low shrubbery and fencing should allow visibility from the street

•    Building entrances should be accentuated by architectural elements, lighting and/or landscaping

 

 

 

Storefronts

 

Retention area should be visible from the building or street, it should be visual amenity, not hedged or fenced off

Property boundaries, where possible, should be marked with hedges, low fences or gates

 

 

 

Offices

Building entrances should be accentuated through architectural elements, lighting, landscaping and/or paving stones

•    Parking areas should be visible from windows and doors, side parking areas should be visible from the street

•    Parking and entrances should be observable by as many people as possible

•    Shrubbery should be no more than three (3) feet high for clear visibility in areas where surveillance is important such as entries to buildings or parking areas

•    The lower branches of existing trees should be kept at least seven (7) feet off the ground in areas where surveillance is important such as entries to buildings or parking areas

Perimeters should be defined by landscaping or fencing

 

 

 

1    Adapted from www.CPTED-Watch.com. There are many other implementation measures that do not include landscaping for each land use available on the website.

Building Permit, Clearing/Grading or Site Modification Design Checklist

Purpose: These design criteria provide direction for those administrative reviews which do not require a Level 1 or 2 Review, yet require a Building Permit, Clearing/Grading Permit, site modification, change in use, or a Mechanical Permit which requires exterior and/or rooftop location.

When applicable: When permit review by the Planning Director/Manager is required for the following actions, such review shall be pursuant to the checklist set forth below which addresses design criteria for all commercial or multifamily exterior construction or site modifications.

a.    Minor exterior construction/site modification;1

b.    Changes in use;2

c.    Mechanical Permits which require exterior and/or rooftop location;

d.    Minor clearing/grading or filling actions3 and minor paving; and

e.    Public rights-of-way:

1.    Roads/trails/sidewalks;

2.    Structures and other improvements.

Instructions: Planning Director/Manager checks box which applies:

“Yes”    means criteria has been addressed to the Planning Director’s/Manager’s satisfaction;

“No”    means criteria has not been addressed and the permit may not be approved until this design criteria is addressed to the satisfaction of the Planning Director/Manager;

“N/A”    means the design criteria is not applicable to the project.

Additional Criteria:

1.     This checklist is interpreted as a condensed version of the Design Criteria Checklist. In cases requiring clarification, parts or all of the Design Criteria Checklist may be used.

2.    Adopted photographs and a color system (Ord. 1983) exemplify and illustrate the written design criteria within this checklist and shall be considered in interpreting and applying the written criteria. Copies of these photographs and color system shall be kept on file at the City Planning Department and are available for public inspection during regular business hours. These photographs and color system are part of this checklist for interpreting and applying the written criteria.

DESIGN GUIDELINES:

AMinor Exterior Construction/Site Modification1 and Changes in Use2:

Yes

No

N/A

 

 

1.

Accessory and/or Nonhabitable Structures: Street furniture, mailboxes, kiosks and accessory structures located on private property, public ways and other public properties are designed for incorporation into the architectural concept of the building and landscape design.

2.

Building Components: Windows, doors, eaves, parapets, and other similar building components have appropriate proportions and relationship to one another and allow for fire protection access and emergency service.

3.

Building Materials: Building materials are selected for their durability and wear. Proper measures and devices are incorporated for protection against the elements, neglect, damage and abuse. Configurations that tend to catch and accumulate debris, leaves, trash and dirt are not used.

4.

Color: Bright and/or brilliant colors are being used only minimally for accent.

5.

Compatibility/Harmony: Architectural style, design, and color of the minor construction is in harmony with the surroundings, both manmade and natural. Structures are made compatible with adjacent buildings with conflicting architectural styles by use of screens, site breaks, or other suitable methods or materials.

6.

Design Details: The minor construction uses complementary details, building modulation, building height, functional orientation of buildings, parking and access provisions and compatible relationship of the development to the site.

7.

Lighting: Lighting standards and fixtures are of a design and size compatible with the general character of the building and adjacent areas, including other lighting standards/fixtures. Design compatibility includes the following lighting standard/fixture characteristics: architectural style, color, light color, decoration, material, placement, texture, and shape. Lighting complies with IMC 18.07.107, Outdoor lighting.

8.

Vegetation/Topographic Features: Natural and/or existing vegetation or topographic features which contribute to the beauty and the utility of the development are retained and protected.

9.

Transition: The architecture and landscaping transitions well to the scale and character of adjoining properties.

B. Parking Areas and Loading Facilities:

1.

Circulation/Nonmotorized Facilities: Linkages for safe circulation of pedestrians and bicycles are provided within the site, and connect to adjoining or proposed sidewalks and shared use corridors. Nonmotorized and bicycle paths are designed to limit conflicts between motorized and nonmotorized modes by providing a separated walkway system, bicycle facilities, permanent marking, and other methods. Trails or other nonmotorized facilities should use features such as setbacks, landscaping, fencing, grade separation, and sight lines to maximize the privacy provided to any adjacent single family homes.

2.

Design Details: Architectural screens, fountains, and pavings of wood, brick, stone, gravel and/or other similar methods and materials are used in conjunction with plant material, or in place of plant materials where planting opportunities are limited.

3.

Landscaping: Trees and shrubs are planted in parkways or paved areas where building sites limit plantings.

4.

Screening: Service yards, storage areas, dumpsters/recycling areas and other places which tend to be unsightly are screened through the use of walls, fencing, plantings or combinations of these. Screening is effective in both winter and summer.

5.

Screening – Display Areas: Outdoor display areas for vehicles or other equipment for sale or rent are landscaped in a manner that breaks up the mass of pavement or displayed items but need not be landscaped to have the same screening effect required for a storage or service area.

6.

Screening – Parking Areas: Unless otherwise provided in this Code, parking areas are located, designed, and screened away from public view to fulfill the intent of the landscape section of the Code.

C. Mechanical Permits:

1.

All mechanical equipment is screened according to Code provisions.

D. Minor Clearing/Grading or Filling Actions3 and Minor Paving:

1.

Circulation: Linkages for safe circulation of pedestrians and bicycles are provided within the site, and connect adjoining or proposed sidewalks, shared use corridors and bicycle paths.

2.

Design Details: Architectural screens, fountains, and pavings of wood, brick, stone, gravel and/or other similar methods and materials are used in conjunction with plant material, or in place of plant materials where planting opportunities are limited.

3.

Landscaping: Trees and shrubs are planted in parkways or paved areas where building sites limit plantings.

4.

Screening: Service yards, machinery storage, storage areas, dumpsters/recycling areas and other places which tend to be unsightly are screened through the use of walls and/or fencing of solid material, softened or accented by plantings. The height of the walls/fencing shall be at least the height of the items to be screened. Screening is effective in both winter and summer.

5.

Screening – Display Areas: Outdoor display areas for vehicles, other equipment for sale or rent, or live plant materials are landscaped in a manner that breaks up the mass of pavement or displayed items but need not be landscaped to have the same screening effect required for a storage or service area.

6.

Screening – Parking Areas: Unless otherwise provided in this Code, parking areas are located, designed, and screened away from public view to fulfill the intent of the landscape section of the Code.

7.

Trails and Nonmotorized Facilities: Pedestrian and bicycle paths are designed to limit conflicts between motorized and nonmotorized modes by providing a separated walkway system, bicycle facilities, permanent marking and other methods. Trails or other nonmotorized facilities should use features such as setbacks, landscaping, fencing, grade separation, and sight lines to maximize the privacy provided to any adjacent single family homes.

E. Accessory Dwelling Unit (ADU) to a Single Family Dwelling Unit:

1.

Design: The ADU design is compatible with the character and scale of the immediate neighborhood, or screening, landscaping or other methods are provided to ensure compatibility.

F. Public Rights-of-Way:

 

 

 

Roads/Trails/Shared Use Corridors/Sidewalks:

1.

Landscape Design: Unity of design is achieved through repetition of certain plant varieties and other materials. The landscape design of the right-of-way strengthens vistas and important focal points, provides for both solar exposure and shading where desirable, and has retained significant existing vegetation.

2.

Lighting:

 

 

 

 

a. Lighting standards and fixtures are of a design and size compatible with the general character of the building and adjacent areas, including other lighting standards/fixtures. Design compatibility includes the following lighting standard/fixture characteristics: architectural style, color, light color, decoration, material, placement, texture, and shape.

 

 

 

 

b. Lighting complies with IMC 18.07.107, Outdoor lighting.

 

 

 

Structures and other improvements:

1.

Screening/Landscape: Unsightly structures or other improvements are screened through the use of landscape materials and/or fencing of solid material, softened or accented by plantings. The height of the fencing/landscaping shall be six (6) feet in height, or at least the height of the items to be screened. Screening will be effective in both winter and summer.

2.

Compatibility: Structures located on public rights-of-way are designed as part of the overall concept.

3.

Colors: Bright and/or brilliant colors are only minimally used for accent.

4.

Lighting:

 

 

 

 

a. Lighting standards and fixtures are of a design and size compatible with the general character of the building and adjacent areas, including other lighting standards/fixtures. Design compatibility includes the following lighting standard/fixture characteristics: architectural style, color, light color, decoration, material, placement, texture, and shape.

 

 

 

 

b. Lighting complies with IMC 18.07.107, Outdoor lighting.

5.

Hillside Design: Structures built on hillsides are designed so that they blend into the hillside to minimize their visible impact to surrounding areas. Methods to integrate the structure into the hillside include: height control, colors that are muted instead of brilliant or bright colors, maintenance of existing trees to the greatest extent possible and/or other appropriate methods.

ADDITIONAL CONDITIONS OF APPROVAL:

 

                

    Planner    Date

1 Examples of minor construction shall include, but not be limited to, structurally adding a new window, door, a new roof, loading facilities, parking areas, facades or building additions.

2 Examples: a) Changes in use which have potential impacts which are less than, or equal to, the previous use; and b) changes in use which are Level 1 principal uses, permitted under this Code for that zoning district and which, in the sole determination of the Planning Director/Manager, are so similar in use to the prior use that no substantial impact on parking, public facilities and/or services, infrastructure or adjoining properties can be reasonably anticipated.

3 Examples: a) Landscape installation where fill or cut is confined to less than one (1) foot of topsoil or landscape berms not exceeding four (4) feet in height and fifty (50) cubic yards in volume with side slopes flatter than three (3) feet horizontal to one (1) foot vertical or thirty-three (33) percent; b) minor clearing, grading, filling or minor paving actions associated with a project requiring a Building Permit; and c) any clearing, grading or filling actions involving critical areas or their buffers which are considered “major” and require Level 1 or 2 Review.

(Ord. 2497 § 4, 2007; Ord. 2491 § 12, 2007; Ord. 2462 § 35, 2006; Ord. 2447 § 35, 2005).

Appendix 3

DESIGN GUIDELINES FOR THE CULTURAL AND BUSINESS DISTRICT OF ISSAQUAH*

(Repealed by Ord. 2311)

*Note: See Chapter 18.19 IMC, Olde Town Design Standards.

Appendix 4

HAZARDOUS WASTE FACILITY STATE SITING CRITERIA

 

SUMMARY1

STATE SITING CRITERIA

FOR HAZARDOUS WASTE TREATMENT

AND STORAGE FACILITIES

CRITERIA

NONLAND BASED2

LAND BASED3

 

 

 

EARTH

 

 

Facility setback from fault which has been active in the Holocene period

500 feet

500 feet

Areas of subsidence

Prohibited

Prohibited

Unstable slope or soils

Prohibited

Prohibited

WATER

 

 

100-year floodplain

Prohibited

Prohibited

500-year floodplain

*Mitigation Req’d

Prohibited

Areas subject to seiches, coastal flooding,

tsunamis or storm surges

Prohibited

Prohibited

Facility setback from perennial surface water body

500 feet

1/4 mile

Watersheds identified by Dept. of Health under WAC 248-54-225(3)

Prohibited

Prohibited

Facility setback from surface water intake for domestic use

500 feet

1/4 mile

Depth to groundwater

10 feet

50 feet

Sole source aquifer

Not prohibited

Prohibited

Groundwater management areas

Mitigated or Prohibited

Mitigated or Prohibited

 

Facility setback from groundwater intake (domestic well)

500 feet

1/4 mile

Special groundwater protection areas

Not prohibited

Prohibited

SPECIAL HABITAT PROTECTION

 

 

Facility setback from wetlands

500 feet

1/4 mile

Facility setback from critical habitat designated under the Endangered Species Act

500 feet

1/4 mile

Facility setback from habitat designated by the WA Dept. of Wildlife as essential for the maintenance and recovery of any state listed threatened or endangered species

500 feet

1/4 mile

Facility setback from natural areas registered under 79.70 RCW (Natural Area Preserves)

500 feet

1/4 mile

Facility setback from state or federal wildlife refuge, preserve or bald eagle protection area

500 feet

1/4 mile

Areas receiving greater than 100 inches of rain per year

Not prohibited

Prohibited

BUILT ENVIRONMENT

 

 

Wild and scenic river viewshed

Prohibited

Prohibited

Facility setback from state or federal park, recreation area or national monument

500 feet

1/4 mile

Facility setback from designated wilderness areas

500 feet

1/4 mile

Facility setback from prime farm land

500 feet

1/4 mile

Facility setback from residences and public gathering places

500 feet

1/4 mile

State and federal designated archeological or historical site

Prohibited

Prohibited

1    Note: This is only a summary. Please see the state’s adopted siting criteria for more detail. This summary is taken from the DOE “Zoning Guidelines for Hazardous Waste Treatment and Storage Facilities” publication, revised April 1991.

2    “Nonland based facility” means a facility which does not use the land as an integral part of its waste management method and is not subject to the requirements of WAC 173-303-806(4)(a)(xiii). These facilities include, but are not limited to, tanks, containers, and incinerators.

3    “Land based facility” means a dangerous waste management facility which falls under the definition of “land disposal” as defined in Section 3004(k) of the Resource Conservatory and Recovery Act. These facilities use the land as an integral part of their waste management method and include, but are not limited to, landfills, surface impoundments, waste piles, and land treatment facilities. For the purposes of this section, this would not include waste piles in which the dangerous wastes are stored inside or under a structure that provides protection from precipitation and when runoff, leachate, or other types of waste dispersal are not generated under any conditions.

*    Mitigative measures are required to site in this area.

(Ord. 2108 Ch. 7 Appx. 3, 1996).