Chapter 19.120
GENERAL PROVISIONS

Sections:

Article I. General Performance Standards

19.120.010    Purpose and intent.

19.120.020    Air quality regulations.

19.120.030    Artificial light and glare.

19.120.040    Dust and smoke.

19.120.050    Electromagnetic radiation.

19.120.060    Fire and explosion hazards.

19.120.070    Interference.

19.120.080    Liquid and solid wastes.

19.120.090    Odor.

19.120.100    Toxic chemicals.

19.120.110    Vibration.

Article II. Specific Standards

19.120.120    Purpose and intent.

19.120.130    Accessory buildings.

19.120.140    Repealed.

19.120.150    Repealed.

19.120.160    Ham or amateur radio vertical tower antennas.

19.120.165    Television (TV) satellite dish antennas.

19.120.170    Day care facilities.

19.120.180    Critical areas.

19.120.190    Exceptions to height, yard, and area requirements.

19.120.200    Fences, hedges, and rock walls.

19.120.210    Garage sales.

19.120.220    Grading, filling, and drainage.

19.120.230    Home occupations.

19.120.240    Mailbox standards for new residential areas.

19.120.250    Nonconformances.

19.120.260    Outdoor storage.

19.120.270    Public right-of-way requirements, public property, and conservation easements.

19.120.280    Recycling services.

19.120.290    Sight areas – Intersections – Restrictions.

19.120.300    Street lighting.

19.120.310    Low impact development.

Article I. General Performance Standards

19.120.010 Purpose and intent.

The intent and purpose of this section is to provide performance standards applicable to all uses irrespective of zoning classifications in order to minimize potential environmental impacts associated with land uses located in the City. (Ord. 2074 § 9.1(A), 1995).

19.120.020 Air quality regulations.

State Regulation. Air quality is regulated by the Washington Clean Air Act, Chapter 70.94 RCW. Any inquiry, complaint, or violation regarding air quality will be referred to the Puget Sound Air Pollution Control Authority. (Ord. 2074 § 9.1(B), 1995).

19.120.030 Artificial light and glare.

Uses producing artificial light, utilizing light for night operation, or causing glare shall:

A. Not impair use of or safety of any road due to strong dazzling artificial light directed at oncoming motor vehicles, or strobe lights projecting off-site or toward streets, or lights imitating traffic signal lights.

B. Protect residential uses from artificial light during periods of darkness by shading the luminaire and/or screening abutting property lines.

C. Shield light generated by arc welding, acetylene torch cutting, or similar processes in a manner which prevents such light from being visible from any point beyond the outside of the property.

D. External lighting on residential property shall be directed and shielded appropriately to avoid creating a nuisance or hazard to passing traffic and neighboring properties. (Ord. 2074 § 9.1(C), 1995).

19.120.040 Dust and smoke.

A. All uses which produce emissions shall comply with the requirements of the Environmental Protection Agency for the prevention of significant deterioration due to particulates, and of the State Implementation Plan for Air Quality as issued by the Puget Sound Air Pollution Control Agency.

B. Air pollution from private roads, parking lots, and open areas shall be controlled as follows:

1. Visible dust generated by construction, repair, or cleaning of roads and parking areas shall be minimized by means that minimize detrimental effects to water quality. The use of chemical dust suppressants shall be prohibited in all cases.

2. Private roads shall be controlled by providing paving or other surface treatment which minimizes visible dust emissions and mud tracking. Housekeeping measures shall be used to minimize the accumulation of mud or dust on the surface of roads.

3. Unpaved shoulders shall be maintained in such a way as to minimize visible dust being generated by wind or traffic. Unpaved nonvehicular areas shall be controlled by vegetation cover or other equally effective methods of minimizing windblown dust.

C. Air emissions from manufacturing uses or other activities shall be controlled. No emissions shall exceed the allowances set forth by the Environmental Protection Agency and/or the Puget Sound Air Pollution Control Agency. (Ord. 2074 § 9.1(D), 1995).

19.120.050 Electromagnetic radiation.

No use of electromagnetic radiation shall be permitted for such purposes as communication, experimentation, entertainment, broadcasting, hearing, therapy, vehicle velocity measurement, weather survey, topographic survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the current regulations of the Federal Communication Commission (FCC) regarding such sources of electromagnetic radiation. The FCC enforces these regulations within the City. (Ord. 2074 § 9.1(E), 1995).

19.120.060 Fire and explosion hazards.

All activities involving flammable and explosive materials shall provide adequate safety devices against the hazard of fire and explosion and shall provide adequate fire fighting and fire suppression equipment as required by other ordinances of the City.

In terms of fire and safety hazards, the storage and handling of inflammable liquids, liquified petroleum, gases, and explosives shall comply with rules and regulations followed under the jurisdiction of the City ordinances and the laws of the state and other applicable ordinances. (Ord. 2074 § 9.1(F), 1995).

19.120.070 Interference.

Provisions must be made for necessary shielding or other preventive measures in order to avoid interferences caused by mechanical and electrical equipment, use, or processes with electrical apparatus in nearby buildings or land uses. (Ord. 2074 § 9.1(G), 1995).

19.120.080 Liquid and solid wastes.

Storage of animal or vegetable waste shall be managed and maintained in a manner that does not create a health hazard. Industrial uses shall indicate the method of storage and disposal of all industrial waste prior to project approval.

The discharge of any materials into any manmade or natural water or drainage system shall be regulated by the state of Washington Department of Ecology or City ordinances. (Ord. 2074 § 9.1(H), 1995).

19.120.090 Odor.

The emission of obnoxious odors or any toxic or corrosive fumes or gases that may injure shall not be permitted. (Ord. 2074 § 9.1(I), 1995).

19.120.100 Toxic chemicals.

The use of toxic chemicals including but not limited to chemical sprays, paints, automotive, cleaning, pesticides, herbicides, and all types of hazardous household products recognized by the State Department of Ecology and fertilizers shall be allowed in residential areas, subject to compliance with applicable operating, handling, storage and disposal procedures for each chemical compound. The use of such chemicals shall be limited to the subject property and shall not impact, damage or endanger the health, lives, property, or the environment of the adjacent or surrounding properties and its occupants. Alternative methods of controlling insects, weeds, and other plant diseases are encouraged in lieu of the application of toxic chemicals in residential areas. A substance is hazardous if it is: toxic, ignitable, corrosive, or reactive. (Ord. 2074 § 9.1(J), 1995).

19.120.110 Vibration.

Any use permitted by this title which causes ground vibration or concussion that is detectable beyond the property lines without the aid of instruments shall not be permitted except as exempted herein.

The following conditions shall be exempted:

A. Vibration originating from heavy transport vehicles such as trains or trucks;

B. Vibration originating from site construction activity;

C. Vibration from heavy equipment which occurs no more than once daily for a period not to exceed 15 minutes. (Ord. 2074 § 9.1(K), 1995).

Article II. Specific Standards

19.120.120 Purpose and intent.

The intent and purpose of this section is to establish standards applicable to special uses that, by their nature, necessitate specific land use regulations that address the development and operation of such uses and activities in order to accomplish the purposes of this title. (Ord. 2074 § 9.2(A), 1995).

19.120.130 Accessory buildings.

The following regulations apply to detached accessory buildings such as sheds and garages associated with single-household residences in all zone districts.

A. An accessory building that is both less than 80 square feet in size and with each side wall less than six feet in height does not require an approved building permit; however, such structures must meet the minimum front yard setback requirement in the applicable zone district.

B. An accessory building that does not meet the criteria described in subsection A of this section for area and building wall height shall meet the minimum front and side yard setbacks in the applicable zone district with the exception of corner lots where the minimum side yard setback from the interior lot line shall be five feet.

C. An accessory building that does not meet the criteria described in subsection A of this section for area and building wall height shall meet a minimum rear yard setback of 15 feet, except that if the accessory building is less than 250 square feet in area and less than 12 feet in height, it shall meet a minimum five-foot setback in the rear yard.

D. The maximum building footprint of an accessory building shall be no greater than the building footprint of the principal structure, not to exceed 800 square feet.

E. The maximum height of an accessory building shall be 25 feet.

F. An accessory building shall not be designed, constructed, or used as a habitable structure for eating, cooking, or sleeping, except as otherwise provided by this title.

G. An accessory building in excess of 12 feet in height or 200 square feet in area shall feature exterior siding similar in appearance to and compatible with the building materials of the primary structure. (Ord. 2393 § 1, 2005; Ord. 2074 § 9.2(B), 1995).

19.120.140 Accessory housing units.

Repealed by Ord. 2447. (Ord. 2074 § 9.2(C), 1995).

19.120.150 Animals.

Repealed by Ord. 2547. (Ord. 2481 § 49, 2008; Ord. 2074 § 9.2(D), 1995).

19.120.160 Ham or amateur radio vertical tower antennas.

Antennas may extend to a height of 50 feet as measured from ground level; provided, that the base of such system is located no closer than 20 feet to any property line. The height may extend above 50 feet; provided, that it does not exceed a vertical distance equal to 80 percent of the lot width at the proposed antenna location, and the base of the antenna is set back from each property line at least one-half the height of the antenna. In no event shall a ham or amateur radio vertical tower antenna exceed a height of 100 feet. (Ord. 2174 § 5, 1997; Ord. 2074 § 9.2(E), 1995).

19.120.165 Television (TV) satellite dish antennas.

A. Purpose. The purpose of this section is to provide for safety and minimize the adverse visual and physical impacts of dish and satellite television antennas associated with providing television reception without disrupting signal reception for the user and the surrounding neighborhood. Dish antennas and similar structures are permitted in any zoning district.

B. Permits. A building permit shall be required for installation of any dish or satellite antenna, or similar structure larger than 39 inches in diameter. All antennas shall comply with all applicable provisions of the Uniform Building Code and National Electrical Code, as adopted by the City of Mountlake Terrace.

C. Guidelines. The following guidelines shall be utilized in determining a proper location for small (39 inches and larger) or large dish or satellite antenna systems:

1. Satellite dish antennas may be mounted on buildings, but should be placed toward the rear or side of the buildings as much as possible to minimize the visual impact from the street.

2. No portion of any support or safety structures, including any guy wires and anchor points, may be placed closer than five feet to any side or rear property line and are prohibited within the minimum required front yard building setback area for the zone in which the system is located.

3. Ground-mounted satellite dish antennas shall be screened with sight-obscuring fences and/or landscaping to make them as inconspicuous as possible from the street and abutting properties.

4. Satellite dish systems or standard TV antennas shall not exceed the height limits for the zone in which they are located.

5. TV satellite dish antenna systems are not to be located within any easement area.

6. A maximum of one television satellite dish antenna per lot is allowed; however, this may be exceeded for sites in excess of one acre, at the discretion of the City.

7. The use of satellite or standard antenna systems for the support of signs or lights, except those required for aircraft warning or others required by the Federal Communications Commission (FCC), shall be prohibited. (Ord. 2174 § 5, 1997; Ord. 2074 § 9.2(F), 1995).

19.120.170 Day care facilities.

A. Evidence of the necessary state license is required prior to issuance of a City business license, conditional use permit, or certificate of occupancy for any day care facility including day care homes and day care centers.

B. A fenced and screened outdoor play area shall be provided in compliance with state licensing requirements.

C. Day care centers shall provide an off-street loading area for the safety of children and separation from vehicular traffic. (Ord. 2174 § 5, 1997; Ord. 2074 § 9.2(G), 1995).

19.120.180 Critical areas.

Any development or redevelopment proposed within a critical area shall conform to the applicable regulations of this title and all City codes and regulations. (Ord. 2174 § 5, 1997; Ord. 2074 § 9.2(H), 1995).

19.120.190 Exceptions to height, yard, and area requirements.

A. Exceptions to the Height Requirements. The following types of structures or structural parts shall not be subject to height limitations; provided, that structures or parts shall be 20 feet or more from any adjoining lot line; and provided, no usable floor space above the height limitations of such zoned district classification is added. See Chapter 19.137 MTMC (Wireless Communication Facilities) for regulations regarding heights of facilities for wireless communication.

1. Chimneys;

2. Church spires;

3. Fire or parapet walls;

4. Flagpoles;

5. Mechanical and elevator equipment;

6. Skylights;

7. Smoke and ventilating fans or similar equipment required to operate and maintain the building;

8. Stairways;

9. Tanks;

10. Utility and transmission line towers and poles.

B. Exception to Yard Requirements.

1. Yards and Open Spaces. Every required yard and required open space shall be unobstructed from the ground to the sky, except as provided in this section. No such yard or space shall be considered as providing required yard or open space for any other building or adjoining lot or parcel.

2. Consolidated Lots. When the common property line between two contiguous lots under common ownership is covered by a permitted building or group of buildings, such lots shall constitute a single building site, and the yard space as required by this title shall then not apply to such common property line.

3. Greater Yards and Open Space Not to be Separated. Where a greater height of buildings has been accomplished by reason of providing increased yard or open spaces, or greater yards or open spaces are otherwise required by this title, no property may be separated from the lot or building site which would reduce the yards or open spaces so required.

4. Building Setbacks. Shall be measured from the edge of the public right-of-way as indicated by this title. No building permit shall be issued for construction upon any property where the required right-of-way as determined by this title or modified by the Planning Commission has not been deeded for public use. Existing buildings shall not be rendered nonconforming due to substandard setbacks or lot size when such substandard condition is the sole result of the public right-of-way acquisition.

5. Yard Exceptions – General.

a. Architectural features of buildings such as chimneys, ornamental features, window awnings, roof overhangs, garden windows, or similar projections may project no more than two feet into a required yard.

b. Uncovered porches, decks, steps, patios, and similar structures may extend into a required yard setback; provided, that they project into the front or side yard setback not more than four feet and/or a rear yard setback not more than 15 feet. Said structures shall not exceed 30 inches in height above the ground level at the building setback line, except for hand rails which may project 36 inches above said structure when installed for safety purposes.

c. Bus Shelters. Bus shelters which are intended for use by the general public and are under the ownership and/or control of a City, County, or municipal corporation are exempt from the front yard setback requirement in the applicable zone district.

d. Service Station Pump Islands. Service station pump islands shall be located a minimum of 15 feet from the front property line, and canopies, as measured from the outer edge, shall be located a minimum of 10 feet from the front property line provided sight area clearance requirements are met.

C. Yard Exceptions for Special Lots.

1. Lots Accessed by Private Roads/Easements. Flexibility in determining the front lot line and subsequent side and rear lot lines of property adjacent to private roads and access easements shall be provided where, due to special circumstances associated with the physical character of the site, the front lot line is not located along the private road/easement. Requests to vary the location of the front lot line may be approved in order to accommodate emergency access vehicles, minimize the number of variances, and ensure compatibility of the proposed lot configuration with the surrounding area. Said requests shall not be considered a request to vary the setback requirements specified in each zone district classifications.

2. Corner Lots. Front lot lines on corner lots shall extend along both street frontages. The lot lines not considered front lot lines, located in the interior of the property, are deemed the side lot lines.

3. Irregular-Shaped Lots. For irregular-shaped lots, the line which is most clearly parallel to the street from which primary access is provided to the lot shall be deemed the front lot line. The line which is most parallel and opposite the front lot line shall be deemed the rear lot line. All other property lines shall be deemed side lot lines.

4. Triangular-Shaped Lots. For triangular-shaped lots which are not corner lots and for which no definite rear lot line exists, the required rear yard shall be determined as follows: an imaginary line shall be drawn which connects two points both measured along the property lines 40 feet from the intersection of the two property lines which are not the front lot lines. This line shall represent the limit of the required rear yard.

D. Exceptions to Lot Area Requirements. In any zone, a single-household dwelling may be constructed or enlarged, including accessory uses, on a lot which cannot satisfy the lot area requirements of the zone where the lot was legally created prior to the effective date of the ordinance codified in this title. This section shall not waive the dimensional requirements for yards, lot coverage, or height, etc. of the applicable zone in which the lot is located. (Ord. 2174 § 5, 1997; Ord. 2074 § 9.2(I), 1995).

19.120.200 Fences, hedges, and rock walls.

A. Height and Setback Limitations. Fences located on private property within 20 feet of any public right-of-way shall not exceed four feet in height. Exceptions to the four-foot height limitation include fences located along the street on the side of homes on corner lots, and fences located along the street in the rear of homes located on through lots. Fences located outside of the 20-foot front setback area and in the interior of the lot shall not exceed six feet in height.

B. Fence height shall be the vertical distance between the top of the screening portion (including horizontal, vertical boards and lattice work) and the ground level directly below the screening portion of the fence, measured on the inside of the fence.

C. Posts and Caps. Fence posts and decorative caps may extend not more than six inches in height above the maximum allowable height of the fence.

D. Construction. Fences shall be constructed so the decorative side will be facing the street. In such case the decorative side shall be placed along the exterior side while the fence framing structure and cross braces shall face the interior side.

E. Barbed Wire and Electric Fences.

a. Commercial and industrial/office zoned property may use barbed wire fencing for security purposes when used in conjunction with other fencing materials, such as chain link. However, barbed wire is prohibited adjacent to residential uses and residential zone districts.

b. Barbed wire shall be placed no closer than six feet six inches to the ground and may extend above this height no more than 18 inches.

c. Barbed wire may be allowed for the containment of large domestic animals when approved as part of a conditional use permit.

d. In all cases “razor wire” fences and electric fences shall be prohibited.

F. Hedges. Hedges and rock walls shall meet the same requirements as fences for height and location. For hedges, it is recommended that the plant materials selected be such that at maturity they will be within the height requirements for the desired location.

G. Special Locational Provisions. No fence, hedge or rock wall shall be permitted which interferes with the sight area triangle, impedes the use of fire hydrants or blocks their view from the street, obstructs access to water meters, or overhangs pedestrian use areas so as to impede pedestrian circulation.

H. Maintenance. All fences, hedges and rock walls shall be kept in a proper state of preservation and order so as not to be dangerous to human life or constitute a public nuisance or infringe upon the public’s right of passage on sidewalks and streets. The area along fences located at, on, or near interior property lines shall be kept free of piled dirt and debris in order to provide fence owners access for maintenance purposes and prevent the deterioration of the fencing materials.

I. Public Right-of-Way. All fences, hedges and rock walls constructed within the City right-of-way or easement areas shall comply with the regulations of Chapter 15.05 MTMC.

J. Swimming Pools, Fences Required. Swimming pools must be enclosed within a fence that meets the height requirements of this title and all other City codes and regulations.

K. Tennis Courts, Parks, or Athletic Fields. The type, size, location, and height of fencing proposed for tennis courts, parks, or athletic fields shall be exempt from the requirements of this section and shall comply with MTMC 19.75.070(B). (Ord. 2074 § 9.2(I), 1995).

19.120.210 Garage sales.

A. Restrictions. No person shall operate, conduct, manage or permit a garage sale upon his/her premises or other property under his/her control more than three times per calendar year. The length of time for each garage sale shall not exceed three consecutive days (72 consecutive hours) per garage sale event. Goods displayed in any garage sale may not be displayed in the public right-of-way; provided, however, that the City Council may, upon adoption by proper motion, declare a specific day or days as a Mountlake Terrace City Wide Garage Sale Day(s) setting the time, dates and hours thereof, which shall not be included in the calculation of the restriction of three garage sales per year as provided in this subsection. Garage sales may only be conducted between the hours of 8:00 a.m. to 7:00 p.m.

B. Garage Sale Signs.

1. Off-Premises Signs. No person shall place more than two garage sale signs, cards or placards advertising a garage sale on any property other than the property owned by the person conducting the sale. The person shall obtain the consent of the owner prior to posting any off-premises sign on private property. Said signs shall not be posted more than 48 hours prior to the sale and shall be removed within 12 hours after the close of the sale event. Said sign(s) may be placed within the public right-of-way; provided, that the sign(s) does not encroach into a driveway, sidewalk, identifiable unimproved pedestrian walkway, or vehicular travel lanes; and is at least six feet from the outer pavement edge of a roadway when curb and gutter are not present. No signs shall be posted, tacked, nailed, or in any manner affixed upon any telephone or utility pole, street sign pole or any other public sign, pole or post and shall not exceed a maximum sign area of two feet square in area and four feet in height.

2. On-Premises Signs. No person shall place more than two garage sale signs, cards or placards advertising a garage sale on the property where the sale is to take place. Maximum sign area for on-premises sign(s) is two feet square per sign, and no more than six feet in height. Said signs shall not be posted more than 48 hours prior to the sale and shall be removed within 12 hours after the close of the sale event All signs shall comply with the “sight area” restrictions under MTMC 19.120.290, as amended. (Ord. 2233 § 1, 1999; Ord. 2074 § 9.2(J), 1995).

19.120.220 Grading, filling, and drainage.

A. Clearing, Grading, Filling. An applicant shall indicate in the application for site plan or plat approval, the extent to which the land in the development is to be cleared, graded, or filled. The following are to be used as guidelines in evaluating site plans and plats where such activities are to occur:

1. Any site alteration or site preparation is prohibited when it is accomplished prior to having an approved erosion control plan, grading permit, and site plan or tree removal plan. Minor site alteration which is necessary for boundary review or engineering studies is exempt from this subsection.

2. In order to maintain natural drainage systems and to prevent surface water pollution caused by increased runoff or fill materials, setbacks shall be required and maintained in any development having a ravine, steep slope, wetland, stream, or lake to preserve the natural system. In addition, grass-lined swales shall be required in conjunction with all major site development in order to filter impurities from water entering the storm water system. Maintenance shall be assured through covenants, homeowner associations, or other means approved by the City of Mountlake Terrace.

3. Land designated as natural open space designated for preservation shall be protected from clearing, grading, and filling during the construction period. Soil, material, or equipment shall not be moved across or through any area designated as natural open space, except for the purpose of placing underground utilities or construction of certain community facilities or improvements specifically approved by City Engineering staff.

B. Additional Regulations. Additional regulations concerning drainage and erosion control are contained in the City’s Storm Water Drainage Ordinance (Chapter 16.20 MTMC), Shoreline Management Act Implementation Ordinance (Chapter 16.20 MTMC), Critical Areas Ordinance (Chapter 16.15 MTMC), Chapter 15.05 MTMC and approved Engineering Standards as amended. (Ord. 2074 § 9.2(K), 1995).

19.120.230 Home occupations.

A. Purpose. The purpose of this section is to prescribe the conditions and regulations under which home occupations may be conducted when accessory to a residential use. The conduct of business within a residential dwelling or accessory building 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 and commercial districts;

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

4. Encourage flexibility in the workplace and creativity in careers by permitting home occupations.

B. General Restrictions and Approval Criteria. Only home occupations that have a valid home occupation permit or conditional use permit shall be allowed in a residential zone. Home occupations shall not be approved or allowed unless they meet the following criteria and conditions:

1. On-site operations of a home occupation must be conducted solely by the full-time resident(s) of the dwelling unit, except that one on-site nonresident employee is allowed.

2. Home occupations may utilize a maximum of 25 percent of the total square footage (up to 500 square feet) of all principal and accessory buildings on the property. Day care homes, as defined by this title, are exempt from meeting this requirement.

3. Home occupations shall not incorporate activity or equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit, nor shall any home occupation require the use of electrical service and/or consumption that exceeds typical standards for residential use.

4. Home occupations shall not create noise, vibration, dust, fumes, odor, smoke, glare, fire hazard, or any other hazard or nuisance not normally associated with residential uses. Home occupations shall not use or store any hazardous material not allowed in residential dwellings as specified in the current edition of the International Fire Code.

5. The establishment and conduct of a home occupation shall not change the appearance and character of any dwelling unit as a residential use.

6. The conduct of any home occupation shall not reduce or render unusable areas provided for required off-street parking including, but not limited to, storage of vehicles or equipment. The applicant shall demonstrate that adequate parking exists for persons employed on the premises.

7. There shall be no exterior signs and not more than one interior sign visible from the exterior. The visible interior sign shall not exceed two square feet in area nor be illuminated by artificial light.

8. The home occupation, by itself, shall not generate more than 16 vehicular trips per day, unless otherwise authorized by federal or state “reasonable accommodation” rules. As used here, a trip is considered either the arrival or departure of a vehicle from the household. For example, one vehicle making a delivery and then leaving immediately would be considered two trips.

9. A business license shall be purchased from the City Clerk’s office and be maintained through the purchase of an annual renewal. If the license is not renewed within 30 days of expiration, the home occupation approval shall become null and void and a new application shall be required to reestablish the use.

10. A home occupation shall involve no outdoor storage of materials or supplies, construction materials, unfinished goods, or other items.

11. No direct retail sales of any product shall be conducted from the structure or premises unless clearly incidental to any services rendered, except that sales of products produced on the premises and mail or phone order sales shall not be so limited.

12. Not more than one home occupation business-related vehicle that has a gross vehicle weight of 10,000 or more pounds is permitted on-site and any such vehicle shall be wholly enclosed within a structure or building.

13. With the exception of the vehicle(s) of the home occupation residents and one on-site nonresident employee, no parking or storage of any home occupation-related vehicles or vehicles of home occupation-related persons is permitted on-site for more than two hours in any eight-hour period.

14. A home occupation shall 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.

15. A home occupation shall not require the use of electrical or mechanical equipment that would change the fire rating of the dwelling or accessory building.

16. A home occupation shall not make use of automated or production line equipment at the home occupation site. All stock in trade that is produced on-site for resale purposes must be made by hand.

C. Approval Process and Inspections.

1. No later than 10 days prior to rendering a decision for a home occupation that is subject to administrative review, a notice of intent to approve the administrative home occupation shall be posted on the subject site. Comments received will be considered in the preparation of a decision to approve or deny.

2. In granting approval for a home occupation, the administrator or decision body may attach additional conditions to ensure the home occupation will not be detrimental to the character of the residential neighborhood.

3. Any home occupation authorized under the provisions of this code shall be open to inspection (within 24 hours’ notice) 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. Home Occupations Subject to Administrative Approval. The following home occupations are subject to administrative review and approval, including any conditions, by the Planning Department. For occupations not included in this subsection, the applicant may seek a conditional use permit, as provided in subsection H of this section.

1. Arts and crafts (handmade only);

2. Barber shops;

3. Beauty shops;

4. Bookkeepers;

5. Cabinet, carpentry work;

6. Catering;

7. Ceramic shops;

8. Composer;

9. Computer consultants;

10. Contractors, limited to back-office and administrative duties;

11. Day care;

12. Dog or cat grooming;

13. Dressmaker, seamstress, tailor;

14. Insurance agent;

15. Janitorial services;

16. Landscaping;

17. Lawyers;

18. Massage therapy;

19. Medical services provided on premises;

20. Photographer (no production studio);

21. Physicians;

22. Preschool;

23. Professional services (engineer, planner, architect);

24. Psychologist;

25. Radio, TV, musical instrument and small appliance repair;

26. Real estate licensee;

27. Tax accountants;

28. Teacher;

29. Transcription services;

30. Typing/word processing services.

E. Any home occupation not shown under subsection D of this section may be approved only through a conditional use permit, consistent with conditional use permit requirements of Chapter 18.05 MTMC.

F. Prohibited Home Occupations. The following uses are not permitted as a home occupation:

1. Kennels;

2. Stables;

3. Manufacturing processes or the handling or storage of substances that may be potentially hazardous or noxious to the residents or surrounding neighborhood, unless the method and amount of such substances to be manufactured, handled, or stored is similar to that which occurs in an ordinary household;

4. Restaurants;

5. Vehicle body repair;

6. Vehicle motor repair and service;

7. Spray painting;

8. Microbrewers;

9. Repair of large appliances (refrigerators, stoves, etc., and other repair that would create noise, fumes, etc., such as lawn mower repair);

10. Veterinary clinic or hospital;

11. Machine and sheet metal shops;

12. Uses that may include hazardous chemicals, dispensing of medical drugs, or other items that may potentially be hazardous to the surrounding area.

G. Exceptions. The following activities, so long as they do not exceed three consecutive days in duration and do not operate for more than twelve days in any one 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.

H. Conditional Use Permit Process. An applicant may seek approval of any home occupation that is not included in subsections D or F of this section through the conditional use permit process, pursuant to applicable provisions of MTMC Title 18.

I. Denial of Application. An application for a home occupation shall be denied if the administrator or decision body finds that the application fails to comply with the provisions of this section. A denial shall include a statement of the specific reasons for denial of a home occupation and shall cite the specific provisions and sections of this title on which the denial is based. Such decision is final unless appealed pursuant to MTMC Title 18, as amended.

J. Rescission of Permit. The home occupation must continue to meet the criteria and conditions of this section, including any additional conditions specified at the time of approval. A home occupation permit may be rescinded if the appropriate administrator or decision body finds that the home occupation is not being conducted in compliance with provisions of this section. Such decision is final unless appealed pursuant to MTMC Title 18.

K. Annual Review. An annual review of a home occupation may be done concurrently with the renewal of the business license. This review by the City 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 renewal of the business license shall be denied, or shall have conditional approval after the situation has been addressed and corrected. (Ord. 2410 § 1, 2005; Ord. 2233 § 2, 1999; Ord. 2074 § 9.2(L), 1995).

19.120.240 Mailbox standards for new residential areas.

The purpose of this section is to establish uniform provisions consistent with the U.S. Postal Service requirements for residential mailboxes in new developments (door delivery will no longer be extended to new areas). It is intended to set forth requirements for mailbox standards to create convenient mail delivery points in new residential areas which will promote and protect the physical appearance of the community, protect property values, and facilitate rapid mail service.

A. The developer must arrange with the local Postmaster an acceptable plan for providing mail service in new residential areas.

B. The developer, after coordinating with the local Postmaster, must submit this approved mail service plan to the City for review. All approved mail service plans must be in conformance with the City’s approved Engineering Standards. (Ord. 2074 § 9.2(M), 1995).

19.120.250 Nonconformances.

A. Purpose and Intent. This section sets forth the legal status of nonconforming uses, structures, and other site improvements and establishes when and under what circumstances nonconforming aspects of a use, structure, or development must be brought into conformance with the provisions of this title.

B. Nonconforming Status. A legal nonconforming status shall exist under the following four provisions of this title:

1. When a use, structure or site improvement was lawfully in existence and operating prior to the adoption of the ordinance codified in this title or subsequent amendment and, because of a change in the zoning regulations, no longer conforms to the regulations that applied in the district in which such use, structure or site improvement is located.

2. When on the effective date of the ordinance codified in this title the use, structure or site improvement was a legal nonconforming use, structure or site improvement thereunder, and which use, structure or site improvement still does not conform to the regulations of this title herein prescribed for the zoning district in which such use, structure or site improvement is located.

3. When a use, structure or site improvement, which does not conform to the regulations prescribed in the zoning district in which such use, structure or site improvement is located, was in existence at the time of annexation to the City of Mountlake Terrace and conformed to the Snohomish County regulations and has since been in regular and continuous use.

4. When a use lawfully existed or operated, and was legally permitted, prior to the adoption of the ordinance codified in this title, but which requires a conditional use permit under this title; unless and until that use is either terminated, abated, or is granted a conditional use permit. Any other nonconformance shall be treated as a violation and shall be subject to the enforcement provisions of this title.

C. Abandonment, Discontinuance, or Termination. A nonconforming use, structure, or building which has been abandoned, vacated, discontinued, or terminated for a continuous period of six months shall not be resumed, rebuilt or reoccupied except in conformance with the regulations of this title. The legal status of a nonconforming use, structure, or building that has been abandoned, discontinued or terminated for a period of six months shall expire and shall not be revived regardless of the owner’s intent to abandon or not, except that the six-month period of abandonment, vacation, discontinuance or termination may be extended to a period not to exceed 12 months if the building is being actively repaired or renovated under an approved and active building permit, or is being actively marketed by a listing agent and has an active listing. A nonconforming building, structure or site improvement that has been demolished, disassembled, or otherwise removed, whether by intent or neglect, may not be reestablished except in the following situations:

1. The pavement of a nonconforming parking lot that has been in continuous active use for the past two years and that is associated with a permanent use of a site may be removed for repair or re-pavement purposes; provided, that it is repaved within 30 days of the removal of said pavement.

2. Structures or buildings that are damaged and that have not been otherwise abandoned or terminated for a period described in subsection C of this section may be restored pursuant to the provisions of subsection I of this section.

D. Additions – Enlargements.

1. A nonconformance related to the use of a property shall not be added to, enlarged, increased or extended in any manner to occupy a greater area of land or structure than was occupied on the effective date of the zoning code or amendment that made the use no longer permissible.

2. No nonconforming building, structure or site improvement shall be altered or changed in any way that increases its nonconformity.

E. Moving a Nonconformance. If a nonconforming structure or building is moved, it shall conform to the zoning district regulations in which it is to be located.

F. Change of Nonconformance. A nonconformance shall not be changed to another nonconformance. Any part of a building, structure, site improvement, or land area occupied by a nonconforming use may be changed to a use which is of the same or of a more restricted nature; but where the use of a nonconforming building, structure, site improvement, or land area is hereafter changed to a more restricted classification, it shall not thereunder be changed to a use of a less restricted classification.

G. Change of Tenancy or Ownership. There may be a change of tenancy, ownership, or management of an existing nonconforming use, structure or building, provided there is no change in the nature or character of such nonconforming use except to a conforming use.

H. Prior Nonconformance. Any nonconformance which under the prior Zoning Ordinance was nonconforming and was required to terminate by a certain date shall continue to be subject to the amortization provisions of the prior Zoning Ordinance.

I. Restoration of a Damaged Building.

1. If a nonconforming building that has not been otherwise abandoned or terminated under the provisions of subsection C of this section is damaged by sudden, accidental cause and the value of the damage repair does not exceed 50 percent of the assessed value of that building at the time of the damage according to the Snohomish County Assessor, the applicant may reconstruct that building. The reconstructed improvement may not be more nonconforming than it was immediately prior to the damage, and any improvements beyond restoration to the predamaged condition shall not exceed the allowances under subsection L of this section. A building permit to rebuild the nonconforming structure or building must be applied for within six months from the day of the damage event, or the nonconformance shall be considered to be terminated and shall not be resumed or rebuilt.

2. If the value of the damage repair exceeds 50 percent of the assessed value of the structure or building at the time the damage occurs, the structure, the building, the use conducted in the building, and other site improvements that are accessory to the damaged building must conform to this title.

J. Repair, Maintenance, and Safety of Nonconformance. Repair and maintenance work may be undertaken on a nonconforming building, structure or site improvement in accordance with the requirements of the International Building Code or standard maintenance practices. Maintenance includes painting, patchwork, replacement of isolated and individual boards, trim, and siding pieces, replacement of flooring, roofing, furnaces, water heaters and similar products that naturally wear out and require replacement over time; provided, that replacement products and materials are of similar kind and quality as original products and materials.

K. Demolition by Neglect. Lack of maintenance either by the owner or the owner’s agent that results in deterioration of structural members due to exposure to water or the elements, or that results in settling or sagging of roofs or foundations due to unchecked erosive or settling soils, and that subsequently requires replacement of more than isolated individual parts, components or material pieces, shall be considered demolition by neglect. Buildings, structures and site improvements so neglected may not be restored under the repair and maintenance provisions of subsection J of this section and are subject to the provisions of subsection C of this section. Nothing shall prevent the City from requiring repairs on any nonconformance to protect the public health and safety.

L. Improvement of Nonconforming Structures or Buildings. Improvements to nonconforming structures or buildings, including but not limited to upgrades in interior fixtures, installation of more energy efficient components such as windows, furnaces, water heaters and built-in appliances, and upgrading of doors, siding or roofing materials, are permitted in accordance with the International Building Code; provided, that (1) the improvements do not include any structural alterations to the structure or building (other than adjustment of demising walls and partitions), (2) the value of such improvements do not exceed 10 percent of the assessed value of the structure or building at the time of the improvement, (3) the cumulative value of all improvements made since the structure or building became nonconforming does not exceed 25 percent of the value of the structure or building at the time of the latest proposed improvement, and (4) that the applicant agrees to an inspection of the nonconforming structure or building by City staff to evaluate and assess any previous improvements that may have been made to the structure or building. The City may require evidence of the cost or value of previous and/or proposed improvements prior to granting permits for proposed improvements.

M. Exempt Improvements. Certain improvements that are specific to tenant or business needs may be exempt from the improvement value limitations under subsection L of this section if they are (1) the personal property of the tenant, (2) designed for easy removal upon a tenant’s vacation of the premises, and (3) are removed upon tenant vacation of the premises. Such improvements include mounted booths, tables, seating, display cases, specialty tools, equipment and appliances (excluding ducted hoods) and similar items that are not vented or hard-wired, do not require structural alteration to install other than common blocking behind wall board, and that do not penetrate walls, floors or ceilings for any purpose other than mounting bolts that can be easily removed, with the resultant holes easily repaired by common spackling and paint methods. Also exempt are improvements that bring the structure or building closer to conformance with fire codes including alarm systems, fire sprinkler systems, and installation of egress doors and windows, when such features do not already exist.

N. Nonconforming Lots of Record. Lots of record that do not conform to the dimensional requirements of this title may be used as otherwise permitted by this title if they conform to the provisions of MTMC 17.01.080.

O. Abatement of Nonconformance. Land uses, structures, site improvements or developments which do not conform to the regulations of this title can become nuisances, disrupt the orderly development of the City, and create unsafe, hazardous, and unhealthful conditions. The City of Mountlake Terrace declares that all nonconforming aspects of a structure, land use, site improvement or development shall be terminated as soon as it is reasonable, with consideration of the owner(s) and operator(s) of the nonconformances and the general welfare of the City. The specific process and procedure for abatement of violations of this title is outlined in Chapter 19.140 MTMC (Enforcement).

P. Other Nonconformances. For regulations pertaining specifically to nonconforming parking situations, see MTMC 19.125.030. For regulations pertaining specifically to nonconforming signs, see MTMC 19.135.050(E). (Ord. 2680 § 2, 2016; amended by City request, 1/11; Ord. 2485 § 1, 2008).

19.120.260 Outdoor storage.

A. Residential Zones.

1. All various and sundry items (i.e., recreational equipment, lawn/garden care materials, firewood, household goods) that are traditionally associated with the primary use of a single or multi-household zoned property shall be permitted to be stored out-of-doors and shall be adequately screened from view from the street and adjacent properties. This provision does not pertain to such objects as landscaping figurines, permanent recreational facilities, or permanent lighting fixtures. Outside storage of materials associated with a home occupation, which is an accessory use to the principal use of the property, shall be prohibited. Vehicle storage shall comply with the requirements of MTMC 19.125.070 and all related City codes and regulations.

2. Garbage Receptacles. It shall be unlawful to create junkyard conditions as defined in Chapter 19.15 MTMC by storing garbage not contained in an appropriate receptacle. All garbage dumpsters must be screened from view of the street and adjacent properties by a six-foot high sight-screening fence.

B. Commercial and Light Industrial/Office Park Uses. Outdoor uses and activities that are permitted in Commercial and Light Industry/Office Park zone districts shall be subject to the following requirements:

1. Specific Use and Development Requirements. The City will administratively review and either approve or deny any application for outdoor use, activity, and storage based on the following standards:

a. All outdoor use, activity, and storage areas except garbage receptacles must comply with required building setbacks for the primary use in accordance with the requirements of Chapters 19.20 through 19.105 MTMC.

b. The height of outdoor use, activity, or storage areas shall not exceed six feet above finished grade; provided, that if such outdoor area is surrounded on all sides by property zoned for industrial use and is screened from view from public streets, then the height may be increased to a maximum height equal to the primary structure.

c. The outdoor use, activity, or storage area shall not inhibit the safe vehicular and pedestrian movement to, from, and on the subject property in accordance with the requirements of the Zoning Code and standards of the Fire Department, Building Department, and the Public Works Department.

d. If located on an unimproved area of the site, the underlying ground must be improved as required by the Planning Department.

e. All open storage areas in LI/OP zoned properties shall be enclosed by a solid screen such as a wire and wooden slat fence or an attractive hedge or board fence at least six feet high.

f. In case of the open storage of lumber, coal, or other combustible material, a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the storage area to permit free access of fire trucks at any time.

g. All garbage dumpsters must be screened from view of the street and adjacent property, if said property is zoned other than LI/OP, by a minimum six-foot high sight-screening fence.

2. Modification. The applicant may request a modification of the requirements of subsection (B)(1) of this section by submitting a written request with their site plan to the Planning Department for review. The Planning Department may approve a modification if:

a. The modification will not create a greater impact on any nearby residential use than would be created without the modification; and

b. The modification will not detract from the character of nearby uses; and

c. The modification will not be injurious to public health, safety, or welfare; and

d. The modification complies with the Comprehensive Plan. (Amended by City request, 1/11; Ord. 2074 § 9.2(O), 1995).

19.120.270 Public right-of-way requirements, public property, and conservation easements.

A. This title hereby establishes the Transportation Element of the City’s Comprehensive Plan as the official Roadway Functional Classification Map. Minimum standards for street right-of-way are established in the City’s Transportation Code, Chapter 19.95 MTMC, and supplemented by other regulations, as applicable.

B. Public property and public rights-of-way shall not be used for camping, campfires, bonfires, or barbecues, except as allowed pursuant to MTMC 19.111.030(B) or pursuant to a special event permit, or in City parks pursuant to MTMC 12.10.010(J).

C. Within any area for which conservation easements have been established by the City, no camping or campfires are allowed. (Ord. 2627 § 2, 2013; amended by City request, 1/11; Ord. 2074 § 9.2(P), 1995).

19.120.280 Recycling services.

A. Recycling Collection Stations. Receptacles for the collection of paper, metal, and glass shall be permitted in any RM, BC, CG, LI/OP, F/T, SDD, REC or PFS zones. Recycling receptacles may be permitted in an RS zone subject to an approved conditional use permit.

B. Use Restrictions. Activities conducted in conjunction with recycling collection stations shall be limited to the collection, sorting, loading, and transport of materials and maintenance of the recycling area. No processing of materials shall occur at the collection site.

C. Approval Process. Prior to the placement or operation of any recycling collection stations on any property, a drawing of the proposed stations’ receptacles and a site plan indicating the proposed location of the receptacles shall be submitted to the Planning Department for their review and approval. The Planning Department or their designee may impose whatever conditions he/she feels necessary for the proper location and operation of recycling collection stations. Conditions may pertain to on-site location, setbacks from surrounding properties, sight-screening, receptacle design, size, and construction materials, types of materials collected, hours and days of operation, maintenance, number of receptacles, and termination of operation. Where the Planning Department determines that the proposed recycling collection stations are not compatible with other land uses in the immediate vicinity or not in the public interest, the request may be denied.

D. General Standards. No recycling collection station may be located in any area used to satisfy requirements of Mountlake Terrace development codes, including but not limited to required driveway, parking stalls, or landscape areas without an approved variance from the Hearing Examiner processed in accordance with the regulations of Chapter 19.110 MTMC (Permits and Procedures).

E. Specific Standards.

1. Site Area Requirements. Recycling collection stations shall be provided in conjunction with all multi-household residential, commercial, and industrial site plan approvals subsequent to the adoption of the ordinance codified in this title. The collection area shall be adequately sized to serve the needs of the site based on the projected number of occupants.

2. Receptacles. All receptacles shall be constructed to be water-tight, including a cover for the protection against rain. Receptacles shall be designed to discourage entry by animals and small children. Each receptacle shall be visibly labeled to identify the type of material collected, as well as the name, address, and telephone number, and the party responsible for the maintenance and operation of the receptacle.

3. Maintenance. All recycling collection stations and the grounds appurtenant thereto shall be maintained in a safe and sanitary condition. All materials to be recycled shall be kept inside the receptacles, with the surrounding premises kept free of debris.

F. Retroactive Requirements. All existing multi-household residential, commercial, industrial and public use (churches, schools, municipal) facilities shall provide recycling collection stations on-site and conform to the regulations of this section to the greatest extent practical and without significantly compromising full compliance with other applicable zoning regulations. (Ord. 2481 § 49, 2008; Ord. 2074 § 9.2(Q), 1995).

19.120.290 Sight areas – Intersections – Restrictions.

A. Purpose and Intent. The purpose of the following regulations is to ensure that adequate sight clearance is provided for motorists approaching intersecting streets and driveways from all directions of travel. Private driveways associated with single-household residences shall be specifically exempted from the following sight area triangle requirements.

B. Sight Area Triangle Measurements.

1. Street Intersections. Except as further described, sight area triangles shall be calculated consistent with intersection sight triangle procedures presented in the latest edition of “A Policy on Geometric Design of Highways and Streets” published by the American Association of State Highway Transportation Officials and be based on the appropriate stopping sight distance defined in this publication.

2. Street/Driveway Intersections. Where a private driveway serving more than eight dwelling units or any nonresidential driveway intersects with a street, roadway, or highway, the sight area triangle shall be measured as described in the City’s engineering standards.

C. Restrictions on Obstructions. The following restrictions apply to all sight area triangles:

1. It shall be unlawful to set out or maintain any fence, sign, hedge, shrubbery, natural growth, or other obstruction to the view between three and one-half and eight feet above the elevation of the center of the roadways or roadways and driveways forming the sight area triangle.

2. Exceptions. The restriction of obstructions shall not extend to existing permanent structures, public utility poles, traffic signs, trees trimmed (to the trunk) at least eight feet above the elevation of the pavement edge, saplings or plant species of open growth habits and not planted in the form of a hedge which are so planted or trimmed as to leave, at all seasons, a clear and unobstructed cross-view; under signs mounted more than 10 feet above the ground and whose supports do not constitute an obstruction.

D. Special Cases. Where unusual conditions preclude the application of the foregoing provisions of this section in a reasonable manner, or where special viewing problems may exist, the City of Mountlake Terrace Traffic Engineer will determine an appropriate sight area triangle based on the intent of this section. (Ord. 2726 § 2, 2018; Ord. 2481 § 49, 2008; Ord. 2074 § 9.2(R), 1995).

19.120.300 Street lighting.

Street lighting shall be provided along public rights-of-way in conjunction with single-family subdivisions consisting of three or more lots, all multi-household residential, commercial, and industrial development approved subsequent to the adoption of the ordinance codified in this title in conformance with approved Engineering Standards. (Ord. 2074 § 9.2(S), 1995).

19.120.310 Low impact development.

In order to increase opportunity for LID implementation, flexibility may be provided by the Community and Economic Development Director or Public Works Director regarding locations of building footprints, walkways, easements, landscaping, or utilities. This incentive applies to the portion of the project site utilizing LID principles. The remainder of the project site must comply with the underlying zoning and stormwater development regulations. No changes that negatively impact International Fire Code standards as adopted in Chapter 15.10 MTMC will be permitted. (Ord. 2729 § 18, 2018).