Des Moines, WA Zoning Ordinance

The depth of required front yards on unimproved lots may be modified when any of the following circumstances apply:

When the unimproved lot or lots are located between lots having nonconforming front yards;

When the unimproved lot or lots are located between a lot having a nonconforming front yard and a lot having a conforming front yard;

When the unimproved lot or lots are located between a lot having a nonconforming front yard and a vacant corner lot; and

Where a vacant corner lot or reverse corner lot adjoins a lot having a nonconforming front yard.

A nonconforming front yard shall be deemed to be an area between the lot front line and the portion of the main building closest to it, which area is less in depth than that defined by this Title as constituting a required front yard. On a lot having a nonconforming front yard the degree of nonconformity to be credited in making the adjustment shall in no instance exceed 60 percent of the front yard depth required on the nonconforming lot, such percentage to be measured from the rear line of the required front yard on such lot toward the lot front line.

The rear line of the modified front yard on the unimproved lot or lots as referred to in subsection (2) of this section shall be established in the following manner:

On lots having nonconforming front yards a point shall be established at the intersection of the line determining the depth of the lot with a line coincident with the front of the building causing the nonconforming conditions;

On lots having conforming front yards or on a vacant corner lot, a point shall be established at the intersection of the line determining the depth of the lot with the rear line of the required front yard;

A straight line shall be drawn from such point of intersection on the lot with the nonconforming front yard across any intervening unimproved lot or lots to a point established on the next lot in either direction as set forth in subsections (3)(a) and (b) of this section; and

The depth of the modified front yard on any lot traversed by the straight line defined in subsection (3)(c) of this section shall be established by the point where the straight line intersects the line constituting the depth of each such intervening lot.

When an unimproved corner lot or reverse corner lot adjoins a lot having a nonconforming front yard, the front yard on the corner lot or reverse corner lot may be the same as that on the adjoining lot; provided, the placement of the buildings does not interfere with the required vision clearance at the corner formed by the intersection of the streets.

(Ord. 1591 § 394, 2014)

§ 18.190.150 Yard requirements for property abutting half-streets or streets designated by official control.

A building or structure shall not be erected on a lot which abuts a street having only a portion of its required width dedicated and where no part of such dedication would normally revert to the lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by this Title, if any. This section applies to all zones.

Where an official control adopted pursuant to law includes plans for the widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the maintenance of yards, where required by this Title, shall be measured from the future street boundaries as determined by such official control.

(Ord. 1591 § 395, 2014)

§ 18.190.160 Measurement of front yards.

Front yard requirements shall be measured from the property front line or the indicated edge of a street for which an official control exists, except as provided in DMMC § 18.190.150.

(Ord. 1591 § 396, 2014)

§ 18.190.170 Vision clearance – Corner and reverse corner lots.

All corner lots and reverse corner lots subject to yard requirements shall maintain for safety vision purposes a triangular area, one angle of which shall be formed by the lot front line and the side line separating the lot from the street, and the sides of the triangle forming the corner angle shall each be 15 feet in length measured from the aforementioned angle. The third side of the triangle shall be a straight line connecting the last two mentioned points which are distant 15 feet from the intersection of the lot front and side lines. Within the area comprising the triangle no tree, fence, shrub, or other physical obstruction higher than 42 inches above the established grade shall be permitted.

(Ord. 1591 § 397, 2014)

§ 18.190.180 Permitted intrusions into required yards.

The following may project into required yards:

Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part – 18 inches into any yard;

Uncovered porches and platforms which do not extend above the floor level of the first floor – 18 inches into side yards and six feet into the front yard; provided, they may extend three feet into the side yard when they do not exceed 18 inches in height above the finished grade; and

Planting boxes or masonry planters not exceeding 42 inches in height in any required front yard.

(Ord. 1591 § 398, 2014)

§ 18.190.190 Location of swimming pools.

In any zone, a swimming pool may not be located in any required front yard, nor closer than five feet to any property line or to any building on the same premises.

(Ord. 1591 § 399, 2014)

§ 18.190.200 Location and height of wall, fence or hedge.

In any Residential Zone a wall, fence, or hedge is permitted under the following conditions:

Where a fence is installed directly on the ground, the height of the fence shall be the vertical distance from the top board, rail, or wire to the ground directly below the fence; where a masonry or stone wall is used as a fence, the height shall be the vertical distance from the top surface of the wall to the ground on the high side of the wall;

A wall, fence, or hedge not more than 42 inches in height may be permitted on any part of a lot that is not otherwise restricted;

On all residential lots, either partially or fully view-obscuring walls, fences, or hedges not exceeding six feet in height shall be permitted on any lot line; except that any wall, fence, or hedge greater than 42 inches in height and located within the required front yard and side yard adjacent to a street shall be constructed of wrought iron, chain link, or similar materials that, as a whole, shall not be greater than 20 percent view obscuring or, if other materials are used that are greater than 20 percent view obscuring, the property owner shall first obtain approval from the City Traffic Engineer to ensure that safe sight distance is maintained and a traffic hazard shall not be created;

Where a retaining wall protecting a cut below the natural grade is located on the line separating lots or parcels, such retaining wall may be topped by a fence, wall, or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed, and the top of the retaining wall shall be considered the bottom of the fence;

Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a wall, fence, or hedge, and shall be measured from the ground on the low side; provided, that in any event a protective fence not more than 42 inches in height may be erected at the top of the retaining wall and any portion of such fence above the six-foot maximum height shall be no greater than 50 percent view obscuring;

Electric fences shall not be permitted in any Residential Zone except as allowed in DMMC § 18.190.310(2);

No fence shall be located in any public right-of-way, unless a right-of-way permit is obtained from the City;

Any fence exceeding a height of six feet, and any retaining wall exceeding a height of 48 inches, shall require the property owner to obtain a building permit; the provisions and conditions of this section shall not apply to fences required by state law to surround and enclose public utility installations, or to chain link fences enclosing school grounds and public playgrounds;

The height restrictions in this section may be modified by the Community Development Director in accordance with this section when the need for such modification results from governmental acquisition of property for right-of-way expansion or construction of essential public transportation facilities.

(Ord. 1591 § 400, 2014; Ord. 1655 § 14, 2016; Ord. 1695 § 3, 2017)

§ 18.190.210 Required increase of side yard where multiple or row dwellings front upon a side yard.

The minimum width of the side yard upon which multiple or row dwellings front shall be not less than 10 feet. Open, unenclosed porches not extending above the floor level of the first floor may project a distance of not more than three feet into the side yard upon which such dwellings front.

(Ord. 1591 § 401, 2014)

§ 18.190.220 Required increase of side yard where multiple or row dwellings rear upon a side yard.

Where multiple or row dwellings are arranged so that the rear of such dwellings abuts upon a side yard, and such dwellings have openings onto such side yard used as secondary means of access to such dwellings, the required side yard to the rear of such dwellings shall be increased by one foot for each opening onto such side yard.

(Ord. 1591 § 402, 2014)

§ 18.190.230 Yard requirements on through lots.

If a through lot is improved as one building site, the main building shall conform to the requirements of the zone of the frontage occupied by such main building, and in Residential Zones no accessory building shall be located closer to either street than the distance constituting the required front yard on such street, and required side yards shall extend the full depth of the lot except as provided in DMMC § 18.55.090.

If a through lot is divided by a zone boundary line, the line shall be considered a property boundary line for purposes of determining the required yards and open spaces.

(Ord. 1591 § 403, 2014; Ord. 1655 § 15, 2016)

§ 18.190.240 Lot area not to be reduced.

The lot area of any lot recorded prior to August 3, 1964, shall not be so reduced or diminished that the area, width, yards, or other open spaces shall be less than prescribed by this Title for the zone in which the property is located, nor shall the number of dwelling units be increased in any manner except in conformity with the regulations established by this Title. In multiple lot subdivisions recorded subsequent to August 3, 1964, the minimum lot area requirement for each lot in the subdivision shall be deemed to have been conformed to if the average lot areas for all lots in the subdivision meet the minimum requirements set forth in the zone applying to the property.

(Ord. 1591 § 404, 2014)

§ 18.190.250 Dividing an improved building site area prohibited.

When a single lot or parcel contains twice the minimum required lot area or more for the zone in which it is located, and the total area of the site has been used to compute the number of dwelling units to be located thereon, the building or buildings which contain dwelling units shall be so located on the property as to cover, at least in part, any line that would represent a property line between two or more parcels that could result from an otherwise legal division of the original lot or parcel, and thereafter no property shall be alienated from the building site which would reduce the total required area of the site upon which the number of dwelling units located thereon was based.

(Ord. 1591 § 405, 2014)

§ 18.190.260 Greater yards and open spaces not to be alienated.

Where a greater height of buildings has been accomplished by reason of providing increased yards or open spaces, no property may be alienated from the lot or building site which would reduce the yards or open spaces provided to compensate for the greater height of the building, nor which would reduce the total required minimum area of the site upon which area the permitted floor space contained in such building was based.

(Ord. 1591 § 406, 2014)

§ 18.190.270 Greater lot area may be required.

Greater lot areas than those prescribed in the various zones may be required when such greater areas are established by the adoption of a planned unit development as provided in this Title.

(Ord. 1591 § 407, 2014)

§ 18.190.280 Substandard or nonconforming lots in Residential or Commercial Zones.

In any Residential or Commercial Zone, a dwelling or building may be established on a lot which cannot satisfy the lot area requirements of the zone; provided, that:

All other bulk regulations shall apply; and

The owner of such nonconforming lot does not own any adjoining vacant lots of record of continuous boundary to which the nonconforming or substandard lot can be merged in title or with which the lot lines can be adjusted to create lots of record which satisfy the lot area requirements of the zone or create a lot of record of greater area; and

The owner of such nonconforming lot or lots has not received a fee interest in such lot or lots from a party who at any time subsequent to April 25, 1988, held a fee interest in any adjoining lot of continuous boundary; and further provided, that the limitation in this subsection shall not apply to a party who either (a) acquires a fee interest by enforcement of a security interest in such property where the security interest was created prior to April 25, 1988, or (b) has acquired such fee interest as the result of a judicial decree of partition by a court of competent jurisdiction; or

The government has acquired a portion of the property for right-of-way expansion or construction of essential public transportation facilities, subject to subsections (1), (2), and (3) of this section.

(Ord. 1591 § 408, 2014; Ord. 1695 § 4, 2017)

§ 18.190.290 Substandard lots may be combined.

In an RA or Multifamily Residential Zone two or more substandard lots or fractions of lots, or a standard lot and substandard lot or fraction of lots, may be consolidated into a single building site; provided, the total area of such consolidated lots is less than twice the required minimum lot area of the zone in which the property is located. In an RA or Multifamily Residential Zone a single building, which complies with the requirements of the zone in which it is located, may be erected on such consolidated site containing as many dwelling units as would be permitted if each substandard lot or fraction of a lot were improved individually. No portion of the consolidated building site shall thereafter be alienated which would reduce the area upon which the number of dwelling units allowed thereon was based.

(Ord. 1591 § 409, 2014)

§ 18.190.300 Use of lots or parcels containing more than minimum required lot area.

When a lot contains two or more times the minimum lot area required for the zone in which the lot is located, and the owner desires to use each unit of area equivalent to the minimum lot area as a separate building site; provided, not more than four such units result, and no dedication of streets, alleys, or other public ways are involved, such area units may be so utilized only after approval of the lot division as prescribed in the Subdivision Code (Title 17 DMMC). When such units are thus defined, then all of the provisions of this Title governing the use of a lot in the zone in which such property is located shall apply thereto.

(Ord. 1591 § 410, 2014)

§ 18.190.310 Dangerous fences – Restrictions.

Dangerous fences are subject to the following restrictions:

Fences containing razor wire, coiled barbed wire, or material(s) of similar design are prohibited in all Residential Zones, except that the Planning, Building and Public Works Director may approve such dangerous fences in Residential Zones for jails, detention facilities and other methods of court-ordered personal confinement, through the building permit process. Only those fences to be used for the purposes set forth in this subsection will be allowed under such permit.

Electric fences are not permitted in the City except when used to contain grazing animals in an area zoned to allow such a use. Electric fences must be set back at least five feet from the property line or must be enclosed by additional fencing or other barriers which prevent access to the electric fence by small children on the adjacent property.

A barbed wire fence may be a maximum of five feet in height and may contain four strands of taut parallel barbed wire.

A fence or wall may incorporate a maximum of three strands of parallel barbed wire a maximum of two feet in height on top of the fence, so long as the orientation is either straight up or angled in toward the site. If such a fence contains three strands of barbed wire which are oriented outward from the site, the fence shall be set back from the property line a distance of one to 10 feet as determined by the Planning, Building and Public Works Director, based on the following criteria:

The proximity of the fence to existing or planned sidewalks, pedestrian ways, or public parking areas;

Whether the security needs for the property can be satisfied;

Whether the location of the fence will degrade the aesthetics of the surrounding area;

Whether the fence location is in the best interest of the health, safety and welfare of the general public;

Whether either required landscaping can be fulfilled, or landscaping is otherwise provided to ameliorate visual impacts of the fence;

The proximity of the fence to environmentally critical areas, open space, or other such areas likely to provide habitat for urban mammals.

In Residential Zones, all permitted dangerous fences shall comply with height and setback restrictions for all fences as set forth in DMMC § 18.190.200. For properties where both codes apply, the more restrictive code shall prevail.

All fences not in compliance with this section shall, within 60 days of notification from the City, be removed by the owner or, upon failure to remove the fence, the Planning, Building and Public Works Director is empowered to cause the removal of the fence, the cost of which shall be billed to the owner.

(Ord. 1591 § 411, 2014)

§ 18.205.010 Title.

This chapter shall be entitled "Electrical Vehicle Infrastructure."

(Ord. 1591 § 495, 2014)

§ 18.205.020 Application.

This chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 496, 2014)

§ 18.205.030 Purpose.

The purpose of this chapter is to:

Provide adequate and convenient electric vehicle charging stations to serve the needs of the traveling public;

Provide opportunities for Des Moines residents to have safe and efficient personal electric charging stations located at their place of residence;

Provide the opportunity for commercial and industrial businesses to supply electrical vehicle charging station services to their customers and employees; and

"Battery charging station"

Create standard criteria to encourage and promote safe, efficient, and cost effective electric vehicle charging opportunities in a full range of zones and settings for convenient service to those that use electric vehicles.

(Ord. 1591 § 497, 2014)

§ 18.205.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 19.27, 19.28, 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 498, 2014)

§ 18.205.050 Definitions.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

"Battery exchange station"

means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540.

"Charging levels"

means the standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged. The terms Level 1, 2, and 3 are the most common EV charging levels, and include the following specifications:

Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Level 2 is considered medium charging and operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

Level 3 is considered "fast" or "rapid" charging and typically operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations are primarily for commercial and public applications and are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

"Electric vehicle"

means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes:

A battery electric vehicle;

A plug-in hybrid electric vehicle;

A neighborhood electric vehicle; and

"Electric vehicle charging station"

A medium-speed electric vehicle.

means a public or private parking space that is served by battery charging station equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

"Electric vehicle infrastructure"

means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

"Electric vehicle parking space"

means any parking space signed or marked exclusively for the parking of an electric vehicle at a battery charging station.

"Rapid charging station"

means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.

(Ord. 1591 § 499, 2014)

§ 18.205.060 Permitted locations.

Level 1, 2, and 3 electric vehicle charging stations are allowed in all zoning designations. Electric vehicle charging stations are not permitted within the City right-of-way.

(Ord. 1591 § 500, 2014)

§ 18.205.070 Compatibility.

For land use compatibility purposes, the charging activity should be proportionate to the associated permitted use. Electric vehicle charging station(s) shall be permitted in association with a single-family use designed to serve the occupants of the home with a Level 1 or 2 charging level. Whereas, charging station(s) installed in a parking lot at a commercial destination, public facility or vehicle service station in close proximity to Interstate 5, are expected to have intensive use and will be permitted to have multiple Level 3 rapid charging stations to serve expected demand.

(Ord. 1591 § 501, 2014)

§ 18.205.080 Battery exchange stations.

Battery exchange stations are permitted in any business or commercial use zone; provided, all other requirements for the building or space the use occupies can be satisfied, such as design review, fire code and building code requirements.

(Ord. 1591 § 502, 2014)

§ 18.205.090 Electric vehicle charging station requirements.

Electric vehicle charging stations utilizing parking stalls located in parking lots or parking garages shall comply with the following requirements:

Signage. Each charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. Directional signage may be provided to guide motorists to charging station space(s); provided, that directional signs shall be consistent with Manual on Uniform Traffic Control Devices (MUTCD) signs D9-11b and D9-11bP.

Accessibility. The design and location of the charging stations shall comply with the following barrier-free accessibility requirements:

Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table:

Number of EV Charging Stations	Minimum Accessible EV Charging Stations
1 – 50	1
51 – 100	2
101 – 150	3
151 – 200	4
201 – 250	5
251 – 300	6

Accessible electric vehicle charging stations shall be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel.

Accessible electric vehicle charging stations shall comply with the requirements of WAC 51-50-005.

Lighting. Where charging station equipment is installed, site lighting shall be designed to illuminate the station area and posted information and avoid undue glare or reflection on adjoining premises, unless charging is for daytime purposes only.

Charging Station Equipment. Charging station equipment shall comply with the following requirements:

Equipment mounted on pedestals, light posts, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

Charging station outlets and connector shall be no less than 36 inches high, or no higher than 48 inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

Notification. The following information shall be posted on all charging stations:

Voltage and amperage levels;

Hours of operation; and

Usage fees, safety information and contact information for reporting equipment operating problems.

(Ord. 1591 § 503, 2014)

§ 18.205.100 Electric vehicle charging station standards.

The City Manager or the City Manager's designee is authorized to develop and maintain standards for the design and construction of electric vehicle charging stations.

(Ord. 1591 § 504, 2014)

§ 18.210.010 Title.

This chapter shall be entitled "Loading Areas and Off-Street Parking."

(Ord. 1591 § 505, 2014)

§ 18.210.020 Application.

This chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 506, 2014)

§ 18.210.030 Purpose.

Residential uses within a mixed use development are not included in this exemption. Residential uses in a mixed use building shall comply with the requirements established by DMMC § 18.210.090.

The property owner shall enter into a no protest agreement regarding the formation of a downtown business or parking improvement district.

This provision is only valid until December 31, 2015.

Interim Uses. The City Manager or City Manager's designee may, by formal action, waive or modify other requirements of this chapter for uses not to exceed five years including but not limited to exceptions for nonconflicting time in use and design requirements in DMMC § 18.210.220 through § 18.210.240 for commercial developments, upon approval of a plan that is consistent with the intent of this chapter and when strict application of the code would result in unnecessary hardship. The site plan showing the location of the parking on the property and parking plan must include provisions for:

Improved parking meeting all City design requirements meeting at least 50 percent of the required parking.

User safety, including lighting and site security.

The required number of ADA parking stalls per the International Building Code and required pedestrian access to and from the building for physically disabled as well as able bodied.

Adequate site drainage.

Safe vehicle access to and egress from the parking lot.

A parking operations plan including:

The hours of operations;

A detailed description of the parking operation including methods to control noise, glare from impacting adjacent properties, and methods to eliminate any impacts on adjacent or nearby residential neighborhoods;

The name, address and phone number of the operator of the parking.

Assurances and guarantees to suspend interim parking use at the end of the permitted period unless extended and restore the site.

The interim use may be extended an additional three years upon application. In approving the plan or the extension request, the City Manager or the City Manager's designee may impose additional conditions including but not limited to a requirement for the applicant to post a performance bond or other security guaranteeing that it will cease the interim use at the end of approved period.

(Ord. 1591 § 511, 2014; Ord. 1592 § 1, 2014)

§ 18.210.080 Parking spaces to serve one use, building, or complex – Exceptions.

Off-street parking facilities approved in conjunction with one use, building, or complex of buildings shall not be considered as providing required parking facilities for any other use, except as hereinafter provided.

Exception for Cooperative Use. Where adjoining parking facilities of two or more land uses can be joined or coordinated to achieve efficiency of vehicular and pedestrian circulation, provision of additional landscaping or usable public open space, economy of space, and a superior grouping of buildings or uses, a reduction of 20 percent of the total combined required parking may be permitted when consistent with the intent of this chapter. The common parking facilities for residential and nonresidential uses within a mixed use development may be included in the Pacific Ridge Zone established by chapter 18.135 DMMC. The residential allowance shall not apply to residential land uses within other Commercial Zones of the City. Where cooperative use is permitted, assignment of parking spaces to individual uses or buildings shall be prohibited.

Exception for Nonconflicting Time in Use. A reduction of up to 50 percent of required parking stalls, except for residential, may be authorized under the following conditions, as long as the total reduction doesn't fall below the levels for residential uses:

The building or use for which application is made to utilize off-street parking facilities provided by another building or use shall be located within 500 feet of such parking facilities and shall be connected by continuous pedestrian walkways or sidewalks to the parking facility.

The applicant must show that there is no substantial conflict in the principal operating hours of the two buildings or uses for which joint use of off-street parking facilities is proposed, i.e., no more than one hour overlap in operating hours exists.

For the purposes of this chapter, the following uses are considered as daytime uses: banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings, and other similar primarily daytime uses.

Nighttime or Sunday uses include: auditoriums incidental to a public or private grade school, churches, bowling alleys, dance halls, theaters, bars, or restaurants, and other similar primarily nighttime uses.

Exemptions granted under the above provisions shall be made after filing with the City a record of covenant or other contract between the cooperating property owners approved by the City Attorney. Joint-use privilege shall continue in effect only so long as such agreement, binding on all parties, remains in force. If such agreement becomes legally ineffective due to changed circumstances including but not limited to a change in the type or nature of business activities, then parking shall be provided as otherwise required by this chapter.

Nothing in this section shall be construed to prevent cooperative provision of off-street parking facilities for two or more buildings or uses when the total off-street parking is not less than the sum of the required parking facilities for the various uses computed separately.

(Ord. 1591 § 512, 2014)

§ 18.210.090 Required number of off-street parking spaces.

The minimum number of off-street parking spaces required of each use shall be provided as follows:

Appliance (retail), bakeries, cabinet shops, dry-cleaning, furniture stores, heating services: one parking space per 400 square feet of gross floor area.

Auto and boat sales, new and used: one space per 1,000 square feet of floor space of showroom and service facilities; but in no case shall there be less than six spaces provided.

Day care centers and mini-day care programs: one space for each 10 children or one for each staff member, whichever is greater, and one passenger loading and unloading space for each 20 children.

Hardware and building supplies: one space per 400 square feet of gross floor area.

Industrial and Manufacturing Activities.

Freight terminals and wholesale facilities: one parking space per two employees on a maximum work shift, or one per 1,000 square feet of gross floor area; use whichever is greater.

Manufacturing, including but not limited to the following, except that no retail operations are included: research and testing laboratories, creameries, bottling establishments, bakeries, upholstery shops, printing and engraving shops: two parking spaces for each three employees on a maximum work shift, or one space per 700 square feet of gross floor area; use whichever is greater.

Uncovered storage area: one parking space for each 2,000 square feet of area.

Warehouse and storage: two parking spaces for each three employees or one space for each 1,500 square feet of gross floor area; use whichever is greater.

Laundry, self-service: one parking space per 250 square feet of gross floor area.

Medical Facilities.

Convalescent, rest homes, retirement homes, nursing and health institutions: one parking space for each two employees, plus one space for each four beds.

Hospitals: one parking space for each three beds, plus one parking space for each staff doctor, plus one parking space for each three employees.

Motels, motor hotels, and hotels: one parking space per hotel room plus two parking spaces for a resident manager or employees. In Pacific Ridge, this is reduced to 0.9 parking spaces per hotel room when no airport shuttle is provided and to 0.75 parking spaces per hotel room when airport shuttle is provided.

Motor vehicle, small engine, and boat repair and services: one parking space for each 600 square feet of gross floor area.

Offices, including professional and business, banks, and related activities: one space per 350 square feet of gross floor area.

Offices not providing customer services on the premises: one space for each 800 square feet of gross floor area.

Personal Services.

C-C Zone: one parking space per 300 square feet of gross floor area.

D-C, PR and T-C Zones: one parking space per 350 square feet of gross floor area.

H-C Zone: one parking space per 200 square feet of gross floor area.

W-C Zone: one parking space per 250 square feet of gross floor area.

Pleasure craft moorage: one parking space for each two moorage stalls.

Public Assembly and Recreation.

Assembly halls, auditoriums, stadiums, sports arenas, and community clubs: one parking space for every three persons based on occupancy load.

Churches: one parking space per five seats in the principal place of assembly for worship, including balconies and choir loft.

Where fixed seats consist of pews or benches, the seating capacity is computed upon not less than 20 lineal inches of pew or bench length per seat. If there are no fixed seats, then one parking space for each 40 square feet of gross floor area in such principal place of assembly or worship shall be provided.

Libraries and museums: one parking space per 250 square feet of gross floor area.

Parks: as determined by the City Council.

Theaters: one parking space for each three seats.

Residences.

Parking Standards for Residences. The following apply to parking that is provided for residences exclusively, and the standards replace other provisions as set out in this chapter. For the purposes of this section, the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure is used to calculate the unit size.

No off-street parking shall be required for any dwelling unit with 1,200 or fewer square feet.

One off-street parking space is required for every traditional housing unit and middle housing unit on a lot, when the units are larger than 1,200 square feet. However, this requirement does not apply to middle housing units located within one-half mile walking distance of a major transit stop, which are not required to have off-street parking spaces.

Parking spaces provided pursuant to this section may be tandem parking spaces, and the spaces can be enclosed (such as under a carport or within a garage) or unenclosed.

Parking spaces must be a minimum of eight feet by 20 feet in size, unless a smaller size is allowed in accordance with DMMC § 18.210.100(b).

Single-family: one parking space per dwelling unit except that no off-street parking spaces are required for residences under 1,200 square feet.

Duplex and townhouse: one parking space per dwelling unit except that no off-street parking spaces are required for residences under 1,200 square feet, and one parking space for every five dwellings for use as visitor parking. A minimum of one visitor parking space shall be provided.

Multifamily.

Two parking spaces per dwelling.

One guest parking space shall be provided per each 10 dwellings.

For one-bedroom dwellings within the PR Zone: one and one-half parking spaces per dwelling.

Retirement apartments: one parking space per dwelling unit, except that the plan shall show two parking spaces, spaces not initially installed. The additional parking spaces plus required landscaping shall be installed at such time that the structure is not used for retirement apartment purposes.

Rooming and lodging houses: one space per occupant.

Children's institutions, homes for the retired (group homes): one space for each five employees plus one for each four beds.

Mixed Use.

Except as provided below, two parking spaces per dwelling.

For one-bedroom dwellings within the PR Zone: one and one-half parking spaces per dwelling.

On-site parking for nonresidential areas shall be provided based upon the ratio specified by this section.

Multifamily (As Part of a Mixed Use Development) in the T-C Zone.

For a studio dwelling: one parking space.

For one-bedroom dwellings: one parking space.

For two-bedroom or more dwellings: 1.75 parking spaces.

One guest parking space shall be provided per each 10 dwellings.

Accessory dwelling units: none.

Emergency housing and emergency shelter: one parking space for each two employees plus one space for each four beds.

Permanent supportive housing and temporary housing: one parking space for each two employees plus one parking space for each dwelling unit in all residential zones, and one-half parking space for each dwelling unit in the C-C, D-C, H-C, I-C, N-C, PR-C, PR-R, T-C and W-C Zones.

Community building for a cottage housing development: none.

Restaurants, including drive-in restaurants, night clubs, taverns, and lounges: one parking space for each 125 square feet of gross floor area, except that none shall be required for establishments under 2,000 square feet located in the D-C and PR Zones.

Retail, Other.

C-C Zone: one parking space per 300 square feet of gross floor area.

D-C and PR Zones: one parking space per 350 square feet of gross floor area.

H-C Zone: one parking space per 250 square feet of gross floor area, except there are a minimum of six spaces.

T-C Zone: one parking space per 400 square feet of gross floor area, except there shall be a minimum of six spaces.

W-C Zone:

For properties north of South 268th Street, one parking space per 250 square feet of gross floor area.

For properties south of South 268th Street, one parking space per 300 square feet of gross floor area, except there shall be a minimum of six spaces.

Uses Not Specified. The parking requirements for a use not provided for in this section is determined in the manner set forth in DMMC § 18.05.110, and such determination is based upon the requirements for the most comparable use specified in this section.

Fractional Spaces. When units of measurement determining the number of required parking spaces result in requirements of a fractional space, a fraction one-half or more shall require one parking space.

Maximum Number of Off-Street Spaces. Within the Pacific Ridge area, the number of off-street spaces provided shall not exceed 150 percent of the minimum number of spaces specified by this section.

(Ord. 1591 § 513, 2014; Ord. 1601 § 16, 2014; Ord. 1618-A § 12, 2015; Ord. 1655 § 19, 2016; Ord. 1656 § 5, 2016; Ord. 1750 § 9, 2021; Ord. 1821 § 15, 2025)

§ 18.210.100 Compact car allowance.

A maximum of 50 percent of the total required off-street parking stalls may be permitted and designated for compact cars.

Each compact stall shall be designated as such.

Dimensions of compact parking stall shall be eight feet by 16 feet, 128 square feet, as depicted in the table on the following page.

Compact stalls shall be dispersed throughout the parking facility.

Table 1

TWO-WAY TRAFFIC

ONE-WAY TRAFFIC

Compact Car Stall Dimensions: minimum 8' x 16', 128 square feet.

(Ord. 1591 § 514, 2014)

§ 18.210.110 Off-site parking.

Use Agreement. Off-site parking areas shall be provided through:

Deed, Easement, or Covenant. The term of such legal agreement shall be at least as long as the reasonable life of the premises served thereby. Evidence shall be provided of such covenant, deed, or other agreement prior to parking plan approval. The document shall be filed with the King County Director of Records and Elections, providing that the area used for parking shall not be diverted or converted to any other use as long as the principal building or use to which the parking is accessory continues to exist; or

Ground Lease. The ground lease shall include a legal description of the area being leased, the purpose of the lease and the terms of the lease and signatures of all parties with an interest in the lease. Evidence of the ground lease must be submitted prior to approval of the parking plan. A copy of the ground lease shall accompany the application for a City business license and all subsequent yearly renewals. If the ground lease expires or is not provided, then the City shall deny the business license application or yearly renewal. In order to obtain a new business license after a denial the applicant shall demonstrate that sufficient parking is provided based on the parking requirements effective at the time of the new application either on-site or off-site through a new easement, deed, covenant, or ground lease.

Off-Site Parking Permitted. The City Manager or the City Manager's designee shall have the authority to approve an off-street parking facility; provided, adherence to the following:

Compliance with subsection (1) of this section.

The location of the parking facility off the subject property will conform to the intent and purpose of this chapter, and safe vehicular and pedestrian connections between the parking facility and the principal use exist. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facilities to the nearest point of the building that such facility is required to serve.

For single-family, duplex, and medium-density multiple dwellings, parking facilities shall be located on the same lot or building site as the building they are required to serve. For townhouse dwellings, parking shall be located not more than 200 feet from the townhouse dwelling it is required to serve, with connecting permanent pedestrian access;

For high-density and maximum-density multiple dwellings, the parking facilities shall be located on the same site as the dwellings they are required to serve;

For churches located in a Single-Family Residential, RA-3,600 or RM-2,400 Zone, parking facilities shall be located on-site; for churches located in any other zone, parking facilities shall be located not farther than 150 feet and not in a Single-Family Residential Zone;

For hospitals, sanitariums, homes for the aged, children's institutions, homes for the retired, nursing and convalescent homes, dormitories, boarding, rooming, and lodging houses, community clubs, and fraternity, sorority, and group student houses, not more than 400 feet from the building they are required to serve; and

For uses other than those specified, parking facilities shall be located not over 600 feet from the building served.

Any parking facility not on the same lot with the principal use to which it is accessory shall be considered, for bulk regulation purposes, a principal use on the lot on which located.

(Ord. 1591 § 515, 2014)

§ 18.210.120 Design requirements.

Any off-street parking facility shall be developed in accordance with the design specifications set forth in DMMC § 18.210.130 through § 18.210.240.

(Ord. 1591 § 516, 2014)

§ 18.210.130 Parking area dimensions.

Minimum parking area dimensions for surface and structured parking facilities shall be as provided in Table 1 following DMMC § 18.210.100.

(Ord. 1591 § 517, 2014; Ord. 1655 § 20, 2016)

§ 18.210.140 On-site driveway location.

The following requirements shall apply:

Single-Family Dwellings. A driveway serving individual single-family dwellings shall maintain a minimum five-foot setback from an interior lot line, a 20-foot setback from any alley right-of-way parallel to the driveway (except where access to the driveway is from the alley), a 25-foot setback from any street right-of-way parallel to the driveway, and a 45-foot setback from any arterial street right-of-way parallel to the driveway; provided further, however, that with regard to the 45-foot setback from arterial streets the City Manager or City Manager's designee shall be authorized to permit the location of a driveway at a point less than 45 feet but not less than 25 feet from an arterial street where the size of the lot is such that the 45-foot requirement is impractical; and provided further, that no driveway in which parking is permitted may be located under this subsection where in the professional opinion of City Manager or City Manager's designee, documented in writing, dangerous traffic conditions may result.

Duplexes. A driveway serving a duplex constructed on a single lot, except in planned unit developments, shall have a maximum width of 24 feet at its intersection with the street; the width of all driveways serving a particular lot shall consist of not more than 40 percent of the lot frontage footage; the driveway shall maintain a 20-foot setback from any alley right-of-way parallel to the driveway (except where access to the driveway is from the alley), a 25-foot setback from any street right-of-way parallel to the driveway, and a 45-foot setback from any arterial right-of-way street parallel to the driveway; provided further, however, that with regard to the 45-foot setback from arterial streets the City Manager or City Manager's designee shall be authorized to permit the location of the driveway at a point less than 45 feet but not less than 25 feet from an arterial street where the size of the lot is such that the 45-foot requirement is impractical; and provided further, that no driveway in which parking is permitted may be located under this subsection where in the professional opinion of the City Manager or the City Manager's designee, documented in writing, dangerous traffic conditions may result.

Townhouse Dwellings. A driveway serving one or more townhouse dwellings shall have a maximum width of 24 feet at its intersection with the street, a minimum 20-foot setback from any alley right-of-way parallel to the driveway (except where access to the driveway is from the alley), a 25-foot setback from any street right-of-way parallel to the driveway, and a 45-foot setback from any arterial street right-of-way parallel to the driveway; provided further, however, that with regard to the 45-foot setback from arterial streets the City Manager or City Manager's designee shall be authorized to permit the location of a driveway at a point less than 45 feet but not less than 25 feet from an arterial street where the size of the lot is such that the 45-foot requirement is impractical; and provided further, that no driveway in which parking is permitted may be located under this subsection where in the professional opinion of the City Manager or the City Manager's designee, documented in writing, dangerous traffic conditions may result.

(Ord. 1591 § 518, 2014)

§ 18.210.150 Parking area and parking area entrance and exit slopes.

In order to encourage the construction of usable, convenient, and safe parking areas, a maximum pavement slope of five percent shall be permitted. A maximum slope of 14 percent shall be permitted for driveways or aisles between separated parking areas. The long dimension of a parking stall shall be generally parallel to ground contours. If existing ground slopes in a proposed parking area exceed 10 percent, the code official may require the submission of a topographic survey showing existing and proposed contours. Parking lots depressed two or three feet below the level of the street shall be encouraged wherever possible. Plans for adequate drainage shall be approved by the Planning, Building and Public Works Director.

(Ord. 1591 § 519, 2014)

§ 18.210.160 Driveways and maneuverability.

Adequate ingress to and from each parking space shall be provided without moving another vehicle and without backing more than 50 feet, except that vehicles may be parked in a stacked or tandem way on commercial properties only upon City approval of a stacked or valet parking plan developed in accordance with subsection (7) of this section. All parking spaces shall be so arranged that ingress and egress is possible without backing over a sidewalk or walkway/bicycle area unless specifically approved by the City Manager or City Manager's designee.

Turning and maneuvering space shall be located entirely on private property except that the usable portion of an alley may be credited as aisle space subject to approval as to safety by the City Manager or City Manager's designee.

Backing onto public streets to exit a parking stall shall be prohibited, except in Single-Family Residential and RA Zones.

When off-street parking is provided in the rear of a building and a driveway lane alongside the building provides access to the rear parking area, such driveway shall require a minimum width of 12 feet and a sidewalk of at least a three-foot section, adjoining the building, curbed or raised six inches above the driveway surface.

Ingress and egress to any off-street parking lot shall not be located closer than 20 feet from point of tangent to an intersection or crosswalk. They may not be permitted where, in the opinion of the City Manager or City Manager's designee, dangerous or confusing traffic patterns would result.

Driveway intersections with north-south bearing streets shall be minimized to the extent possible in order to diminish traffic hazards, to conserve space and to promote orderly development generally. Driveways shall be limited to one per building site per street frontage, except the lesser of one driveway for each 150 feet of street frontage or three driveways for two lots having common parking may be permitted upon a finding of the City Manager or City Manager's designee that smoother or safer flow of traffic can result without significant disruption of the streetscape.

Stacked or Valet Parking Plan Requirements.

Stacking spaces for vehicle parking or for auto rental/sales uses may be allowed on commercial properties; provided, that the area utilized for stacking spaces conforms with the parking lot landscaping requirements of DMMC § 18.210.220. Stacking of required off-street parking spaces shall not be allowed for employee or customer parking. Stacking aisle widths shall be a minimum of eight feet, six inches.

Stacking spaces for commercial uses other than vehicle parking or auto rental/sales may be allowed through the use of valet parking, upon approval of a valet parking plan, by the City Manager or City Manager's designee. The area of the lot utilized for stacking spaces shall conform with the parking lot landscaping requirements of DMMC § 18.210.220. Stacking aisle widths shall be a minimum of eight feet, six inches. At a minimum, the valet parking plan shall include, but not be limited to:

A site plan showing the location of the valet parking on the property;

The hours of operations;

A detailed description of the valet parking system's operation including methods to control noise, glare from impacting adjacent properties, and methods to eliminate any impacts on adjacent or nearby residential neighborhoods;

The name, address and phone number of the operator of the valet parking.

Valet parking is allowed on or off site. No valet parking shall be allowed on public rights-of-way.

(Ord. 1591 § 520, 2014; Ord. 1655 § 21, 2016)

§ 18.210.170 Surface.

The surface of any required off-street parking or loading facility and accessory accessways (driveways) shall be paved with asphalt or concrete to a standard comparable to the standard for the public street providing access thereto and shall be graded and drained as to dispose of all surface water, but shall not drain across sidewalks. Modifications for wheel strip driveways and permeable pavements pursuant to the City's adopted drainage standards may be considered.

Paved parking areas except in Single-Family Zones shall use paint or similar devices to delineate car stalls and direction of traffic.

Pedestrian walks, used for the use of foot traffic only, shall be curbed or raised six inches above the lot surface. All pedestrian walks shall be conspicuously delineated.

Wheel stops shall be required to protect landscaping and to prevent vehicles from striking buildings, overhanging walkways, property lines, or other limits of a parking facility. Wheel stops shall be installed a minimum of two feet from the end of parking stalls, except in Single-Family Residential Zones.

(Ord. 1591 § 521, 2014; Ord. 1737 § 13, 2020)

§ 18.210.180 Lighting.

Any lighting on a parking lot shall illuminate only the parking lot, and be designed to avoid undue glare or reflection on adjoining premises, including public streets. Where a common boundary is shared with any residential property, illuminating devices shall be so shaped and directed to focus their light away from residential property. Parking lot lighting shall not exceed 20 feet in height, except that the City Manager or his designee may approve a taller lightpost standard based on an energy-efficient lighting design.

(Ord. 1591 § 522, 2014; Ord. 1655 § 22, 2016)

§ 18.210.190 Curb cuts.

All parking facilities shall have specific entrance and/or exit areas to a street or alley. Access roads and curb cuts shall be minimized and shall not exceed 24 feet in width for combined ingress/egress points and 12 feet for one-way entrances or exits unless recommended by the Planning, Building and Public Works Director to facilitate left turn lanes or otherwise foster safe movement of vehicles and upon a finding that pedestrian safety is not adversely affected.

(Ord. 1591 § 523, 2014)

§ 18.210.200 Vehicle circulation between adjoining properties required.

Parking lots shall be designed to provide for off-street vehicle circulation to adjoining properties and parking areas where physically feasible.

(Ord. 1591 § 524, 2014)

§ 18.210.210 Obstructions.

No obstruction which would restrict car door opening shall be permitted within five feet of the centerline of a parking space.

(Ord. 1591 § 525, 2014)

§ 18.210.220 Landscaping and screening.

Landscaping and screening shall be provided in accordance with chapter 18.195 DMMC.

(Ord. 1591 § 526, 2014)

§ 18.210.230 Walkways required.

Marked walkways, separated from traffic lanes and vehicle overhangs, shall be provided from parking areas to the entrances of establishments and from parking areas to right-of-way sidewalks/walkways.

(Ord. 1591 § 527, 2014)

§ 18.210.240 Parking for the handicapped.

Parking and access for physically handicapped shall be provided in accordance with Section 7503 of the regulations adopted pursuant to chapter 19.27 RCW, State Building Code, chapter 70.92 RCW, Public Buildings – Provision for Aged and Handicapped, and RCW 46.61.581.

(Ord. 1591 § 528, 2014)

§ 18.210.250 Parking and storage of recreational, utility, and commercial vehicles in residential neighborhoods.

Exemptions. Vehicles 10,000 pounds gross weight or less and not exceeding 20 feet in length or 7.5 feet in width, with or without a mounted camper unit, which are primarily used by the property owner for transportation purposes are exempt from this subsection.

Recreational and utility vehicles are defined as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pickup, horse trailers, boat trailers with or without boats, and utility trailers. Recreational and utility vehicles may be parked in residential areas provided the following conditions are met:

Vehicles shall not intrude into publicly maintained rights-of-way or obstruct sight visibility from adjacent driveways.

Vehicles shall not be parked in the front building setback unless there is no reasonable access to the building side yards or rear yards because of topography or other physical conditions of the site.

Vehicles shall be maintained in a clean, well-kept state which does not detract from the appearance of the surrounding area.

At no time shall parked or stored recreational vehicles be occupied or used as permanent or temporary dwelling units on the host's premises for more than four weeks except when specifically allowed under DMMC § 18.170.070.

For the purposes of this section, commercial vehicles are defined as any vehicle the principal use of which is the transportation of commodities, merchandise, produce, freight, animals or passengers for hire.

For the purposes of this section, publicly maintained right-of-way is defined as right-of-way currently opened and maintained by City.

Truck Tractors, Trailers, and Large Commercial Vehicles. Parking of commercial vehicles is prohibited in residential areas, except on a temporary and nonregular basis not exceeding 24 hours when sight visibility is not obstructed.

(Ord. 1591 § 529, 2014)

§ 18.210.260 Required loading areas.

Every department store, freight terminal or railroad yard, hospital or sanitarium, industrial or manufacturing establishment, retail or wholesale store or storage warehouse establishment, or any similar use, which has or is intended to have an aggregate gross floor area of 10,000 square feet or more, shall provide truck loading or unloading berths in accordance with the following table:

Square Feet of Aggregate Gross Floor Area	Required Number of Berths
10,000 up to and including 16,000	1
16,001 up to and including 40,000	2
40,001 up to and including 64,000	3
64,001 up to and including 96,000	4
96,001 up to and including 128,000	5
128,001 up to and including 160,000	6
160,001 up to and including 196,000	7
For each additional 36,000	1 additional

Every auditorium, convention hall, exhibition hall, sports arena, hotel, office building, restaurant, or any similar use, which has or is intended to have an aggregate gross floor area of 40,000 square feet or more, shall provide off-street truck loading or unloading berths in accordance with the following table:

Square Feet of Aggregate Gross Floor Area	Required Number of Berths
40,000 up to and including 60,000	1
60,001 up to and including 160,000	2
160,001 up to and including 264,000	3
264,001 up to and including 388,000	4
388,001 up to and including 520,000	5
520,001 up to and including 652,000	6
652,001 up to and including 784,000	7
784,001 up to and including 920,000	8
For each additional 140,000	1 additional

Each loading space shall measure not less than 30 feet by 12 feet, and shall have an unobstructed height of 14 feet 6 inches, shall be made permanently available for such purpose, and shall be surfaced, improved, and maintained as required. Such facilities shall be located so that trucks using the loading space do not interfere with areas reserved for off-street parking nor project into any public right-of-way or off-site, or be situated along any street frontage, and shall be adjacent to the building to be served thereby.

Any floor area provided by additions to or structural alterations to a building shall be provided with loading space or spaces as set forth in this chapter whether or not loading spaces have been provided for the original floor space.

(Ord. 1591 § 530, 2014)

§ 18.210.270 Code official.

The code official is the City Manager or the City Manager's designee or his/her designated representative.

(Ord. 1591 § 531, 2014)

§ 18.210.280 Enforcement.

Enforcement of the parking requirements contained in this chapter for new construction, alterations to a structure, or change in principal use, shall be in accordance with the enforcement sections of the buildings and construction code (Title 14 DMMC) or the provisions of this code regulating business licenses (chapter 5.04 DMMC), as the case may be. Enforcement of any violation of this chapter shall be pursuant to DMMC § 18.01.080 through § 18.01.110.

(Ord. 1591 § 532, 2014)

§ 18.215.010 Title.

This chapter shall be entitled "Protection of Historic and Archeological Resources."

(Ord. 1591 § 533, 2014)

§ 18.215.020 Application.

This chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 534, 2014)

§ 18.215.030 Purpose.

The purpose of this chapter is to preserve and protect historic or archaeological properties of local significance.

(Ord. 1591 § 535, 2014)

§ 18.215.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 536, 2014)

§ 18.215.050 Designation criteria for historic or archeological property of local significance.

A building, site, zone, structure, or object may be designated a City historic or archeological property of local significance if:

It is listed or eligible for listing in the State or National Register of Historic Places, or is designated or eligible for designation as a King County Landmark; or

The City Council determines it meets any of the following criteria:

It is associated with events that have made a significant contribution to the broad patterns of national, state, or local history;

It is associated with the life of a person that is important in the history of the community, City, state, or nation or who is recognized by local citizens for substantial contribution to the neighborhood or community;

It embodies the distinctive characteristics of a type, period, style, or method of construction;

It is an outstanding or significant work of an architect, builder, designer, or developer who has made a substantial contribution to the art;

It has yielded, or may be likely to yield, information important in prehistory or history;

Because of its location, age or scale, it is an easily identifiable visual feature of a neighborhood, community, or the City and contributes to the distinctive quality or identity of such neighborhood, community or the City, or because of its association with significant historical events or historic themes, association with important or prominent persons in the community or the City, or recognition by local citizens for substantial contribution to the neighborhood or the City.

(Ord. 1591 § 537, 2014)

§ 18.215.060 Historic or archeological properties of local significance.

The City Council has determined that the properties identified within the document titled Historic Properties Survey: City of Des Moines, dated April 1995, meet one or more of the criteria set forth in DMMC § 18.215.050 and shall be designated as historic or archeological properties of local significance. Additional properties may by designated as historic or archeological properties of local significance by the City Council.

(Ord. 1591 § 538, 2014)

§ 18.215.070 Designation of additional historic or archeological properties of local significance.

The City Council is authorized to designate additional sites, zones, buildings, structures, and objects within the City as historic or archeological properties of local significance.

Prior to a property's designation as a historic or archeological property of local significance, an expert in historic preservation shall be retained for evaluation of the subject property. The expert shall have training and demonstrated expertise in architecture, historic preservation, or history. The expert shall evaluate the subject property in relation to the criteria specified in DMMC § 18.215.050 and submit a written recommendation regarding the proposed designation to the City Council. The owner of the subject property shall be notified in writing of the evaluation and pending action regarding designation, including procedures for removing the property from consideration.

The City Council shall conduct a public hearing regarding a proposed designation of historic or archeological property of local significance. The City Council shall adopt written findings in conjunction with the designation of a property as a historic or archeological property of local significance.

Property owners who wish to remove their property from the historic properties survey, or from consideration for designation, may do so by submitting a written request to the Planning, Building and Public Works Director who shall remove the property from consideration, or the survey.

(Ord. 1591 § 539, 2014)

§ 18.215.080 Limit on noise impacts to historic or archeological properties of local significance.

Historic or archeological properties of local significance shall not be subject to adverse land uses that generate exterior noise exposure levels exceeding 55 Ldn dBA, or existing levels as of April 20, 1995, whichever is greater. A reduction in the exterior noise level (greater than 55 Ldn) that existed as of April 20, 1995, shall become the new maximum exterior noise level.

(Ord. 1591 § 540, 2014)

§ 18.215.090 Requirement for noise mitigation plan.

When the Planning, Building and Public Works Director determines that a proposed land use may impact a historic or archeological property of local significance by increasing exterior noise levels above the maximum level permitted by this chapter, the land use proponent shall submit a noise mitigation plan to the City for review and approval before required permits are issued to allow the project to proceed.

(Ord. 1591 § 541, 2014)

§ 18.215.100 Landmarks Commission created – Membership and organization.

The City hereby designates and empowers the King County Landmarks Commission ("Commission"), established pursuant to King County Code (K.C.C.) chapter 20.62, to act as the Landmarks Commission for City-owned landmarks in the City pursuant to the provisions of this chapter.

A special member of the Commission, as provided for in K.C.C. 20.62.030, shall be appointed by the Mayor and confirmed by a majority of the City Council. Such special member shall be advisory only and shall have no authority to bind the City Council without a prior affirmative vote of a majority of the City Council. Such special member shall be a resident of the City and shall have a demonstrated interest and competence in historic preservation. Such appointment shall be made for a three-year term and the special member shall serve until his or her successor is duly appointed and confirmed. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. Such special member may be reappointed, but may not serve more than two consecutive three-year terms. Such special member shall be deemed to have served one full term if such special member resigns at any time after appointment or if such special member serves more than two years of an unexpired term. The special member of the Commission shall serve without compensation.

The Commission shall file its rules and regulations, including procedures consistent with this chapter, with the City Clerk.

(Ord. 1591 § 542, 2014)

§ 18.215.110 King County Code chapter 20.62 adopted.

For purposes of this chapter, the City adopts King County Code (K.C.C.) chapter 20.62, except as follows:

K.C.C. 20.62.020 – Definitions.

Paragraph I is changed to read: "'Director' is the responsible official who approves building permits for the City."

Paragraph F is changed to read: "'Council' is the Des Moines City Council."

K.C.C. 20.62.040 – Designation Criteria. All references to "King County" are changed to read "City of Des Moines."

K.C.C. 20.62.050 – Nomination Procedure. The following language is added:

No historic resource may proceed through the nomination procedure of King County Code Section 20.62.050 until the Des Moines City Council has approved the historic resource for nomination. A minimum of four Councilmembers must vote in favor before the resource is eligible for the nomination. Said approval by the Council is a condition precedent to any nomination procedure.

K.C.C. 20.62.070 – Designation Procedure. All references to "King County" are changed to read "City of Des Moines."

K.C.C. 20.62.080 – Certificate of Appropriateness Procedure. The last sentence of Paragraph A is deleted.

K.C.C. 20.62.110 – Appeal Procedure. The following language is added:

The decisions of the Commission pertaining to real property within the City of Des Moines may be appealed to and reversed or modified by the Des Moines City Council.

(Ord. 1591 § 543, 2014)

§ 18.215.120 Adoption by reference.

Chapter 20.62 of the King County Code (K.C.C.), adopted by reference in DMMC § 18.215.110 and by this section, is adopted pursuant to RCW 35A.12.140 as though fully set forth in this chapter, together with any amendments and additions provided in this chapter, and is applicable within the City as presently constituted or as may be subsequently amended.

Not less than one copy of chapter 20.62 K.C.C., as codified, and suitably marked to indicate amendments and additions, is filed in the office of the Des Moines City Clerk and is available for use and examination by the public.

(Ord. 1591 § 544, 2014)

§ 18.215.130 Code conflicts.

As to City-owned buildings, in case of any conflict between chapter 18.215 DMMC and DMMC § 18.215.100 and § 18.215.110, DMMC § 18.215.100 and § 18.215.110 shall govern.

(Ord. 1591 § 545, 2014)

§ 18.220.010 Title.

This chapter shall be entitled "Development Regulations on Land Acquired and Owned by Public Entities."

(Ord. 1591 § 546, 2014)

§ 18.220.020 Application.

This chapter shall be applicable to all lands acquired and owned by public entities.

(Ord. 1591 § 547, 2014)

§ 18.220.030 Purpose.

The purpose of this chapter is to define the regulations applicable to land within the City and owned by public entities.

(Ord. 1591 § 548, 2014)

§ 18.220.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 549, 2014)

§ 18.220.050 Planning and zoning jurisdiction on lands acquired by public entities.

All land within the City acquired and owned by public entities is subject to the zoning and planning jurisdiction of the City.

All land within the City acquired and owned by public entities shall be developed in a manner consistent with planning, zoning, development, health, and safety requirements of the City.

(Ord. 1591 § 550, 2014)

§ 18.220.060 Limits on use of land acquired and owned by public entities.

Except to the extent otherwise provided in state law, all land within the City acquired and owned by public entities after April 21, 1995, is designated for use as open space land or for public facilities designed to benefit the City and its residents (e.g., fire station, school building), except for land rezoned through established procedures.

Except to the extent otherwise provided in state law, property within the City acquired and owned by public entities may not be used for new commercial activities, unless the City makes a finding that such land uses are of value to the City and should be permitted. All commercial land uses of property are subject to City land use regulations and are restricted in accordance with the City's land use plans, zoning ordinances and development regulations.

Modification, demolition, and relocation of buildings and structures on land within the City acquired and owned by public entities shall require City approval and permits.

(Ord. 1591 § 551, 2014)

§ 18.220.070 Requirements for development on lands acquired and owned by public entities.

Areas within the City acquired and owned by public entities shall perform an environmental survey to investigate soil and site contamination before the City will allow site preparation, construction or demolition activities. All identified soil and site contamination shall be remediated as a condition of site modification.

Any site development activity on land within the City acquired and owned by public entities shall meet City zoning regulations.

(Ord. 1591 § 552, 2014)

§ 18.220.080 Management of streets and street rights-of-way within and adjacent to land acquired by public entities.

The City shall retain full authority over the management, operation, and maintenance of streets and street rights-of-way within the City acquired and owned by public entities.

(Ord. 1591 § 553, 2014)

§ 18.230.010 Title.

This chapter shall be entitled "Planned Unit Developments."

(Ord. 1591 § 554, 2014)

§ 18.230.020 Application.

This chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 555, 2014)

§ 18.230.030 Purpose.

Wherein the zoning map establishes only zone boundaries and the text of this Title establishes the permitted use of land in the various zones and the conditions applicable to such use, and wherein all of the provisions, conditions, and requirements set forth in this Title are in general, designed to apply to individual lots and minimum area parcels, a planned unit development, as the term is employed in this Title, has the following purposes:

To produce a development which would be as good or better than that resulting from the traditional lot by lot development, by applying to large areas, whether consisting of consolidated lots or unsubdivided property, the same principles and purposes inherent in the required provisions applying to individual lots or minimum area parcels;

To correlate comprehensively the provisions of this Title and other ordinances and codes of the City, to permit developments which will provide a desirable and stable environment in harmony with that of the surrounding area;

To permit flexibility that will encourage a more creative approach in the development of land, and will result in a more efficient, aesthetic, and desirable use of open area, while at the same time, maintaining substantially the same population density and area coverage permitted in the zone in which the project is located;

To permit flexibility in design, placement of buildings, use of open spaces, circulation facilities, off-street parking areas, and to best utilize the potentials of sites characterized by special features of geography, topography, size, or shape.

(Ord. 1591 § 556, 2014)

§ 18.230.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 557, 2014)

§ 18.230.050 Initiation of planned unit development projects.

Planned unit development projects may be initiated by:

The owner of all the property involved, if under one ownership; or

An application filed jointly by all owners having title to all of the property in the area proposed for the planned development project, if there is more than one owner; or

A governmental agency.

(Ord. 1591 § 558, 2014)

§ 18.230.060 Procedure for approval of planned unit development projects.

Applications for planned unit developments shall be processed in accordance with review procedures for subdivisions as specified in chapter 17.10 DMMC, Subdivisions.

The planned unit development resulting from the application of the provisions of this section shall be made a part of the zoning map, identified thereon by appropriate reference to the detailed planned unit development map and explanatory text (if any) either by number or by symbol and constitute a limitation on the use and design of the site.

(Ord. 1591 § 559, 2014)

§ 18.230.070 Expiration.

Upon the abandonment of a particular project authorized under this chapter or upon the expiration of three years from the final approval of a planned unit development which has not by then been completed (or commenced with an extension of time for completion granted), the authorization shall expire and the land and the structures thereon may be used only for a lawful purpose permissible within the zone in which the planned unit development is located.

(Ord. 1591 § 560, 2014)

§ 18.230.080 Form of and contents of applications and types of information required.

The Planning, Building and Public Works Department shall prescribe the form on which applications are made for planned unit development projects. It may prepare and provide blanks for such purpose and prescribe the type of information to be provided in the application by the applicant.

No application shall be determined to be complete unless it complies with the requirements.

Application for planned unit development approval shall contain the information specified in DMMC § 17.40.050, Application materials – Short subdivisions, preliminary subdivisions, binding site plans, plat alterations, and plat vacations, and 17.40.060, Application materials – Public notice.

An accompanying explanatory text shall provide a written statement of the general purposes of the project and an explanation of all features pertaining to uses and other pertinent matters not readily identifiable in map form. The adoption of the text specifying the particular nonresidential uses permitted to locate on the site, if any, shall constitute a limitation to those specific uses.

(Ord. 1591 § 561, 2014)

§ 18.230.090 Permitted location of planned unit development projects.

Residential planned unit development projects may locate only in Single-Family Residential, RA, and Multifamily Residential Zones when processed and authorized as provided in this chapter.

Planned unit developments for other than residential uses may locate only in zones first permitting the heaviest use locating on the premises.

The major internal street serving the planned unit development project in an RA or more intensive zone shall be functionally connected to a local/access street or higher-capacity roadway as defined by the City of Des Moines Comprehensive Plan.

(Ord. 1591 § 562, 2014)

§ 18.230.100 Required minimum site area.

A planned unit development project shall contain an area of not less than five times the minimum lot area per dwelling unit of the underlying zone.

(Ord. 1591 § 563, 2014)

§ 18.230.110 Uses permitted.

In a planned unit development only the following uses are permitted:

In a residential planned unit development:

Residential units, either detached or in multiple dwellings;

Accessory incidental retail and other nonresidential uses may be specifically and selectively authorized as to exact type and size to be integrated into the project by design, accessory retail uses to serve only as a convenience to the inhabitants of the project;

Recreational facilities including but not limited to tennis courts, swimming pools, and playgrounds;

Schools, libraries, and community halls;

In planned unit developments for other than residential uses, uses shall be limited to those permitted by the zone in which the use is located.

(Ord. 1591 § 564, 2014)

§ 18.230.120 Permissive variations in requirements.

In considering a proposed planned unit development project the approval thereof may involve modifications in the regulations, requirements, and standards of the zone in which the project is located so as to appropriately apply such regulations, requirements, and standards to the larger site. In modifying such regulations, requirements, and standards as they may apply to a planned unit development project, the following limitations shall apply:

Placement of Buildings. The required yards, on-site landscaping, and open spaces and the height of the buildings involved shall dictate the location of buildings and structures within the planned unit development;

Yards. Unless alternative yard areas are authorized with approval of a planned unit development, the requirements for front yards for the underlying zone shall apply to all perimeter lines of the site. In no circumstance shall yards as measured from perimeter lot lines of the planned unit development be less than 10 feet from the front and five feet from the side and rear lot lines;

Open Spaces. The distance between buildings containing dwelling units shall be not less than that required for the underlying zone. Any accessory building shall observe a distance from a building containing a dwelling unit as set forth in the underlying zone;

Height of Buildings. In a planned unit development no building or structure shall exceed the height which is allowed by this Title in the underlying zone for the particular type building or structure;

Number of Dwelling Units. The number of dwelling units permitted in any Residential Zone shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the underlying zone. Net development area shall be determined by subtracting the area set aside for

churches, schools, or commercial use from the total development area;

Permitted Site Coverage. The permitted percentage of coverage by buildings and structures for the net development area as determined in subsection (5) of this section shall not exceed the percentage of coverage permitted in the underlying zone;

Permitted Floor Area. The maximum permitted floor area for all buildings shall not exceed the floor area permitted in the zone first permitting the use authorized;

Off-Street Parking. The total required off-street parking facilities shall be not less than the sum of the required parking facilities for the various uses computed separately. All provisions of chapter 18.210 DMMC, Loading Areas and Off-Street Parking, shall be adhered to.

(Ord. 1591 § 565, 2014)

§ 18.230.130 Recreation area required.

Within a planned unit development in a Single-Family Residential or RA Zone, park land shall be provided as specified by DMMC § 17.35.180, Parks.

Within a planned unit development in a Multifamily Residential Zone, on-site recreation area shall be provided as specified in chapter 18.155 DMMC, Multifamily Recreation Areas.

(Ord. 1591 § 566, 2014)

§ 18.230.140 Minor adjustments in planned unit development.

In issuing building permits in connection with the construction of a planned unit development, the Planning, Building and Public Works Department may make minor adjustments involving the location or dimensions of buildings; provided, such adjustments shall not increase the total amount of floor space authorized in the planned unit development or the number of dwelling units, nor decrease the amount of parking or loading facilities, nor permit buildings to locate closer to any boundary line, nor change any points of ingress and egress to the site.

(Ord. 1591 § 567, 2014)

§ 18.235.010 Title.

This chapter shall be entitled "Design Review."

(Ord. 1591 § 568, 2014)

§ 18.235.020 Application.

Except as provided below, no building permit shall be issued by the City for any regulated improvement except upon prior approval of the Planning, Building and Public Works Department and no significant changes, as defined in chapter 1 of the International Building Code ("IBC"), shall be made in or to an architectural feature of any regulated improvement without the prior approval of the Planning, Building and Public Works Department. Deviation from a plan approved by the Planning, Building and Public Works Department shall be permitted only after the filing and approval of an amended plan.

The following development projects or changes shall be exempt from design review:

Re-striping and other minor changes to parking lots that do not result in changes to landscaping, a reconfiguration of the lot or the creation of five or more new parking spaces.

Fences that do not require a separate development permit.

Underground utilities are not included as development subject to design review.

Right-of-way improvements not associated with development subject to design review.

Landscaping alterations shall not be subject to design review.

Storm water facilities located within street rights-of-way or regional storm water facilities shall not be subject to design review.

Expansion or remodeling work of any building which is equal to or less than five percent of the building's existing floor area, or overall size in cases where the overall floor area is not applicable due to replacement remodeling where significant changes to the building are made without changing the floor area.

Any improvement to multifamily, commercial or institutional structures not open to exterior view.

The Planning, Building and Public Works Department may require a bond to the City in an amount reasonable to secure the installation of landscaping, screens, exterior lighting, walkways, and other similar site improvements.

The standards outlined in this chapter apply to all middle housing types. Specific standards for cottage housing and courtyard apartments shall only apply to those types of housing.

These design standards do not apply to the conversion of a structure to a middle housing type with up to four attached units, if the floor area of the structure does not increase more than 50 percent.

(Ord. 1591 § 569, 2014; Ord. 1821 § 16, 2025)

§ 18.235.030 Purpose.

These regulations are adopted for the following purposes:

To promote the public health, safety, and general welfare of the citizens of the City;

To recognize that land use regulations aimed at the orderliness of community growth, the protection and enhancement of property values, the minimization of discordant and unsightly surroundings, the avoidance of inappropriateness and poor quality of design and other environmental and aesthetic objectives provide not only for the health, safety, and general welfare of the citizens, but also for their comfort and prosperity and the beauty and balance of the community, and as such, are the proper and necessary concerns of local government;

To protect, preserve, and enhance the social, cultural, economic, environmental, aesthetic, and natural values that have established the desirable quality and unique character of Des Moines;

To promote and enhance construction and maintenance practices that will tend to promote visual quality throughout Des Moines;

To recognize environmental and aesthetic design as an integral part of the planning process; and

To implement adopted land use policies and regulations, including the Des Moines Comprehensive Plan, Marina District Design Guidelines, Pacific Ridge Neighborhood Improvement Plan, and Pacific Ridge Design Guidelines.

(Ord. 1591 § 570, 2014)

§ 18.235.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 571, 2014)

§ 18.235.050 Definitions – Use of words and phrases.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

"Architectural feature"

means the exterior architectural treatment and general arrangement of the portions of an improvement and site that are open to external view, including, but not limited to, the kind, color, and texture of building materials, types of windows and doors, attached or detached signs, landscaping, screens, parking lots, exterior lighting, walkways, and other fixtures appurtenant to such portions.

"Capital improvement"

means an improvement visible to the public, done by the City upon property owned by or under control of the City.

"Improvement"

means a building, structure, or other improvement to real property. It shall include, but not be limited to, street improvements, street furniture, park developments, private and public schools, commercial and business developments, public utility and governmental buildings and structures, religious institutions, hotels, motels, apartment houses and other multiple-family dwellings, certain single-family dwelling units, hospitals, rest homes and other similar developments, and commercial and noncommercial recreational areas. It shall not include underground wires, pipes, or other similar underground utility installations.

"Regulated improvements"

means an improvement upon any property within the City, other than one single-family dwelling unit, structure, or building, and uses accessory thereto; except multiple building permit applications by the same applicant or one standing in privity to the applicant for the construction of a series of single-family dwellings in the same subdivision or short subdivision are considered regulated improvements.

"Street furniture"

means improvements located in streets or rights-of-way and parking lots or other similar open spaces on a site, including, but not limited to, light standards, utility poles, newspaper stands, bus shelters, planters, traffic signs, traffic signals, benches, guard rails, rockeries, retaining walls, mailboxes, litter containers, and fire hydrants.

(Ord. 1591 § 572, 2014)

§ 18.235.060 Delegation of design review authority, consultants, expedited matters.

The City Manager or the City Manager's designee shall have responsibility for all design review decisions, but may delegate such authority to subordinates who are qualified in the fields of planning, engineering, building, landscaping, and the like. The City Manager or the City Manager's designee is further authorized to employ consultants if, in his discretion, the scope, size, or nature of the project requires services beyond the capabilities of City staff. In the event such consultants are employed, the building permit fee may be increased to include the cost of consulting services. In the event the City Manager or the City Manager's designee finds that the application presents special problems relative to planning or zoning, he may decline to take action and refer the application to the City Council as an expedited matter.

(Ord. 1591 § 573, 2014)

§ 18.235.070 Procedure.

The City Manager or the City Manager's designee may adopt by executive order procedural rules for the efficient implementation of this chapter. The Planning, Building and Public Works Department shall complete its review and make its decision and/or recommendations within 40 days after the final plans and elevations have been submitted, and failure to do so shall be considered approval. Decisions shall be based on the criteria found in DMMC § 18.235.100.

(Ord. 1591 § 574, 2014)

§ 18.235.080 Pre-application meeting.

In order to facilitate application review and approval, the Planning, Building and Public Works Director may require a pre-application meeting as outlined by DMMC § 18.20.100.

In addition to the purposes outlined by DMMC § 18.20.100, the design review pre-application has the following purposes:

Identify applicable design review approval procedures, decisional criteria and guidelines; and

Discuss information provided by the applicant and to recommend modifications or to identify additional information that may be needed.

The design review pre-application meeting shall not constitute acceptance, approval, conditional approval, denial, public notice, or any other land use decision.

(Ord. 1591 § 575, 2014)

§ 18.235.090 Application materials.

Unless waived by the Planning, Building and Public Works Director, the following application materials and other applicable materials as may be required shall be submitted for any proposed design review approval.

A site plan showing the location of proposed and existing buildings, parking, exterior lighting, signs and landscaping;

Colored elevations of exterior building facades indicating the proposed building materials, finish colors, fenestration patterns, rooflines, etc.;

Detailed drawings of architectural features, signage, trim, etc.;

Photos clearly showing the facades of adjacent development, general streetscape character and territorial and other views from the site, if any;

A perspective drawing of the building envelope allowed by applicable setback, lot coverage, and building height regulations;

A summary of the objectives of the proposed construction or development, including a summary of proposed land uses;

The final conceptual drawings, elevations, floor plans, and landscaping plan for the building site;

Samples of proposed building materials and colors;

A written description of how the proposed development satisfies applicable design guidelines.

(Ord. 1591 § 576, 2014)

§ 18.235.100 Criteria.

Decisions to approve, conditionally approve, or deny a design review application shall be based on the following criteria:

Relationship to Building Site.

The site should be planned to accomplish the desirable transition with the streetscape, provide for adequate planting, and to facilitate pedestrian movement.

Parking and service areas shall be located, designed, and screened from public view.

The height and scale of each building should be compatible with its site and adjoining buildings.

Relationship of Building and Site to Adjoining Area.

Buildings and structures should be made compatible with adjacent buildings of conflicting architectural styles by such means as screens, sight breaks, and materials.

Harmony in texture, lines, and masses should be encouraged.

Attractive landscape transition to adjoining properties should be provided.

Landscape and Site Treatment.

Where existing topographic patterns contribute to beauty and utility of a development, they should be preserved and developed.

Grades of walks, parking spaces, terraces, other paved areas, and large expanse of walls should provide an inviting and stable appearance.

Landscape treatment should enhance architectural features, strengthen vistas and important axes, and provide shade.

In locations where plants will be susceptible to injury by pedestrian or motor traffic, they should be protected by appropriate curbs, tree guards, or other devices.

Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.

Screening of service yards and other places which tend to be unsightly should be accomplished by use of walls, fencing, planting, or combinations of these. Screening should be effective in winter and summer.

In areas where general planting will not prosper, other materials such as fences, walls, and pavings of wood, brick, stone, gravel, etc., should be used.

Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible with the building and adjacent areas. Lighting should be shielded and restrained in design. Excessive brightness and brilliant colors should be avoided.

Building Design.

Evaluation of a project shall be based on the quality of its design and relationship to the natural setting of its surroundings.

Building components, such as windows, doors, eaves, and parapets, should be proportionate and relative to each other.

Colors should be harmonious, with bright or brilliant colors used only for accent.

Unless otherwise modified in this Title, design attention should be given to mechanical equipment or other utility hardware on roofs, grounds, or buildings to screen them from view.

Exterior lighting, when used, shall be part of the architectural concept. Fixtures, standards, and all exposed accessories should be harmonious with the building design.

Monotony of design in single or multiple building projects should be avoided. Variety of detail, form, and siting should be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance.

Signs.

Signs shall conform to the ordinances of the City relative to signs.

Signs should be part of the architectural concept. Size, materials, color, lettering, location, number, and arrangements should be harmonious with the building design.

The number and size of signs should be minimized to avoid visual clutter.

Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting should be harmonious with the design. If external spot or flood lighting is used, it should be arranged so that light source is shielded from view.

Miscellaneous Structures and Street Furniture.

Miscellaneous structures and street furniture located on private property, public ways, and other public property should be designed to be part of the architectural concept of the design and landscape. Materials should be compatible with buildings. Scale should be appropriate. Colors should be in harmony with buildings and surroundings. Proportions should be to scale.

Lighting in connection with miscellaneous structures and street furniture should meet the criteria applicable to site, landscape, buildings, and signs.

In addition to the criteria above, properties within Pacific Ridge as delineated by the Des Moines Comprehensive Plan shall satisfy the purpose and intent of the Pacific Ridge Design Guidelines.

In addition to the criteria above, properties within Downtown Neighborhood, as delineated by the Des Moines Comprehensive Plan, shall satisfy the purpose and intent of the Marina District Design Guidelines.

(Ord. 1591 § 577, 2014; Ord. 1673 § 2, 2017)

§ 18.235.110 Decision.

The Planning, Building and Public Works Director may approve, conditionally approve, or deny a design review application as provided by chapter 18.20 DMMC and this chapter.

The Planning, Building and Public Works Director shall provide a written report or decision as provided by chapter 18.20 DMMC. The written report or decision shall include the following information:

The name and address of the applicant;

The location of the proposed development;

A brief description of the proposed development;

The decision to approve, conditionally approve, or deny the design review application;

If the application is conditionally approved or denied, the applicable decision criteria shall be identified;

"Party" or "party of record"

The date of the report or decision.

(Ord. 1591 § 578, 2014)

§ 18.235.120 Appeals.

A person or persons aggrieved by an action of the Planning, Building and Public Works Department under this chapter may file an appeal pursuant to chapters 18.20 and 18.240 DMMC with the Hearing Examiner within 14 days of the Department decision in accordance with the Hearing Examiner code. The filing of an appeal shall be considered a Type I appeal and shall suspend the issuance of a building permit until final action is taken on the appeal.

(Ord. 1591 § 579, 2014)

§ 18.240.010 Title.

This chapter shall be entitled "Hearing Examiner."

(Ord. 1591 § 580, 2014)

§ 18.240.020 Application.

This chapter shall be applicable to all hearings by and appeals to the Hearing Examiner as set forth in this code.

(Ord. 1591 § 581, 2014)

§ 18.240.030 Purpose.

The City Council finds that the present statutory provisions for quasi-adjudicatory hearings in the City have developed on a piece-meal basis, assigning different types of quasi-adjudicatory hearings to the City Council. The purpose of this chapter is to substitute a Hearing Examiner system authorized by chapter 35A.63 RCW for the Board of Adjustment, and to grant to the Hearing Examiner final authority in all matters requiring a quasi-adjudicatory hearing heretofore heard by the Board of Adjustment under the ordinances of the City and the laws of the state.

(Ord. 1591 § 582, 2014)

§ 18.240.040 Authority.

This chapter is adopted pursuant to the provisions of RCW 35A.63.170.

(Ord. 1591 § 583, 2014)

§ 18.240.050 Definitions.

For the purposes of this chapter:

"Ex parte communication"

means any oral or written communication made by any person, including a City employee or official, pertaining to a matter that is or will be within the jurisdiction of the Hearing Examiner made outside of a public hearing and not included in the public record.

means any person who has appeared at a hearing of the Hearing Examiner by presenting testimony or making written comment.

(Ord. 1591 § 584, 2014)

§ 18.240.060 Establishment of the office of Hearing Examiner.

Pursuant to chapter 35A.63 RCW, the office of Hearing Examiner for the City is established. The Hearing Examiner shall interpret, analyze, and review administrative decisions and matters concerning land use regulation as provided in this chapter and other ordinances. The term "Hearing Examiner," as used in this chapter, shall include Deputy Examiners, except that provisions related to appointment of the Hearing Examiner and any Deputy Examiner, as set forth in this chapter, shall apply only to that particular office.

(Ord. 1591 § 585, 2014)

§ 18.240.070 Appointment – Qualifications – Term and compensation.

The Hearing Examiner is nominated by the City Manager or the City Manager's designee and confirmed by the City Council by majority vote.

The deputy Hearing Examiner is nominated by the City Manager or the City Manager's designee upon recommendation of the Hearing Examiner and likewise confirmed by the City Council. Such deputy or examiner pro tem shall have the power to perform the duties of the Hearing Examiner whenever the Hearing Examiner is absent, has a conflict of interest, or otherwise so requests.

The qualifications for the office of Hearing Examiner are expertise in land use law and planning and the training and experience necessary to conduct administrative or quasi-judicial hearings and issue decisions on administrative and land use planning and regulatory matters.

The Hearing Examiner and deputy Hearing Examiner shall be appointed to their respective offices for a term which shall initially expire one year following the date of original appointment and thereafter expire four years following the date of each reappointment.

The Hearing Examiner shall receive compensation at the rate set in the biennial budget ordinance of the City. Deputy Hearing Examiners shall receive compensation pro rata based on the rate set for the Hearing Examiner.

The City Manager or the City Manager's designee is authorized to appoint a temporary Hearing Examiner for the City during such time as the regular position of Hearing Examiner is vacant. Such individual shall carry out the functions of the Hearing Examiner as described in this chapter. The temporary appointment authorized in this section shall not be construed as the initial term of appointment of the Hearing Examiner contemplated under this chapter. Such temporary appointment shall be for a period of no longer than six months.

(Ord. 1591 § 586, 2014; Ord. 1793 § 11, 2024)

§ 18.240.080 Hearing Examiner and deputy Hearing Examiner – Removal from office.

The Hearing Examiner or deputy Hearing Examiner may be removed from office by majority vote of City Council only upon proof of one of the grounds for termination contained in the City personnel manual. Prior to such removal, the Hearing Examiner, or deputy Hearing Examiner, shall have a right to a pretermination hearing before the City Council in executive session, or, if the individual so requests pursuant to RCW 42.30.110(1)(f), in open council session. At the pretermination hearing, the council shall hear all interested parties, and following such hearing the council shall state its reasons for removal in writing, if that is the case. The provisions of this section shall be inapplicable where the Hearing Examiner serves under the terms of a written contract, in which case the Hearing Examiner may be removed at the expiration of such contract or prior to expiration in accordance with the terms of the contract.

(Ord. 1591 § 587, 2014)

§ 18.240.090 Ex parte communications.

No person may communicate ex parte, directly or indirectly, with the hearing examiner. The Hearing Examiner may not communicate ex parte, directly or indirectly, with any person, unless the Hearing Examiner makes such communication part of the public record and provides the opportunity to review and comment upon the communicated matter at a public hearing.

This section does not prohibit ex parte communication regarding procedural matters, or preclude communication by the Hearing Examiner made solely for the purpose of conveying information regarding the specifics of an application or communication with City employees requesting additional information or clarification, so long as such communication and any information and clarification received is made part of the record.

The Hearing Examiner is required to disclose all ex parte communications and the circumstances under which they are made and, in the Hearing Examiner's discretion, may abstain from considering the application that is the subject of such communication.

(Ord. 1591 § 588, 2014)

§ 18.240.100 Conflict of interest.

The Hearing Examiner may not participate in a hearing or decision with respect to which:

The Hearing Examiner; or

A Hearing Examiner's relative, which term includes any spouse, parent, child, sibling, and in-law; or

Any Hearing Examiner's partner; or

A business as to which the Hearing Examiner:

Is an employee;

Was an employee within the previous two years;

Is negotiating or has an arrangement, or understanding with concerning future employment; or

Has a direct or substantial financial interest, except as provided in this section. "Direct or substantial financial interest" includes a substantial interest in property in proximity to property that is the subject of an application.

Prior to a hearing the Hearing Examiner shall disclose publicly and on the record any actual or potential interest the Hearing Examiner or any of the persons described in this section has in the outcome of the hearing.

The Hearing Examiner may participate in a hearing and decision in which an interest described in this section exists if, and only if, the Hearing Examiner fully discloses such interest and affirms that such interest will not affect the outcome of the hearing or decision and either:

All persons present or who have submitted written comments to the record prior to the hearing agree in writing, on a form provided by the Hearing Examiner setting forth the interest, to allow the Hearing Examiner to participate; or

A deputy Hearing Examiner is not available to hear and decide the matter.

The exception in subsection (3) of this section is to be used only when reasonably necessary to avoid undue delay or prejudice to a party. There is no exception to the duty to disclose under subsection (2) of this section.

(Ord. 1591 § 589, 2014)

§ 18.240.110 Freedom from improper influence.

No person, including City officials, elected or appointed, shall attempt to influence an Examiner in any matter pending before him, except at a public hearing duly called for such purpose, or to interfere with an Examiner in the performance of his duties in any other way.

(Ord. 1591 § 590, 2014)

§ 18.240.120 Budget – Administrative support.

The Hearing Examiner will be provided with such funds and administrative support as are adopted biennially by the City Council upon recommendation of the City Manager or the City Manager's designee. The Hearing Examiner will meet annually with the City Manager or the City Manager's designee for this purpose.

(Ord. 1591 § 591, 2014; Ord. 1793 § 12, 2024)

§ 18.240.130 Rules.

The Examiner shall have the power to prescribe rules and regulations concerning procedures for hearings authorized in this chapter, to issue summons for and compel the appearance of witnesses, to administer oaths, and to preserve order. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with rules of the Examiner.

(Ord. 1591 § 592, 2014)

§ 18.240.140 Jurisdiction and powers.

The Hearing Examiner exercises all powers and authority, as a first level forum in quasi-adjudicatory matters, formerly exercised by the City Council and Board of Adjustment subject to the provisions of chapter 35.14 RCW.

(Ord. 1591 § 593, 2014)

§ 18.240.150 Duty to conduct hearings – Decisions to be in writing – Time period.

The Examiner shall receive and examine available information, conduct public hearings and prepare a record thereof, and enter final decisions, which have the effect of an administrative decision appealable to the City Council. Each decision of a Hearing Examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. In land use matters, such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the City's Comprehensive Plan and the City's development regulations. Each final decision of a Hearing Examiner shall be rendered within 14 working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to in writing by the applicant and Hearing Examiner.

(Ord. 1591 § 594, 2014)

§ 18.240.160 Matters to be heard by Examiner.

Specifically, the Hearing Examiner conducts public hearings (where applicable) and renders final decisions on the following:

Type III land use actions as specified by chapter 18.20 DMMC, Land Use Review Procedures;

Appeals of administrative decisions as further provided in this code; and

Such other matters as the City Council may from time to time refer.

(Ord. 1591 § 595, 2014)

§ 18.240.170 Appeal from administrative decisions – Time for filing – Substantial weight requirement – Standard of review – Failure to exhaust administrative remedies.

Any person or persons aggrieved by any administrative decision, made under a provision of this code which expressly provides that such administrative decision is subject to review by the Hearing Examiner, may seek review of such decision by the Hearing Examiner by filing with the City Clerk a written notice of appeal of an administrative decision within 10 days of the decision that is being challenged. The City Clerk may reject or dismiss any appeal sought to be filed by a person not given the right to appeal under this code, or any incomplete appeal. An appeal will be considered incomplete if it fails to satisfy the requirements set forth above or if it does not provide at least the following:

Applicable filing fee, a schedule of which is available by contacting the City Clerk;

The appellant's name, address, telephone number and fax line, and other information which would facilitate prompt communications with the appellant;

A copy of the administrative decision that is the subject of the appeal;

A detailed statement identifying specifically the error of fact, law or procedure made by the administrative decision maker, and the effect(s) of the alleged error(s) on the decision that is the subject of the appeal; and

A statement of the redress sought by the appellant.

The administrative decision appealed shall be given substantial weight by the Hearing Examiner. On any such appeal, the standard of review shall be whether the administrative decision was clearly erroneous based on a review of all evidence, or the administrative decision was arbitrary or capricious. Failure of a party to request review by the Hearing Examiner of an administrative decision shall be a bar to any further judicial review.

(Ord. 1591 § 596, 2014)

§ 18.240.180 Decisions – Basis – Conditional.

In land use matters, the Examiner's decision shall be based on the policies of the Comprehensive Plan, Shoreline Master Program, Shoreline Management Act, State Environmental Policy Act, the standards set forth in the various land use regulatory codes of the City, or other applicable programs adopted by the City Council. If the Hearing Examiner finds, in reaching his decision based on the above policies and standards, that the land use regulatory code conflicts with any of the local policies or standards, then the Hearing Examiner will base his decision on the code provision in effect at the time and notify the City Council by memorandum directed through the Planning, Building and Public Works Department setting forth the nature of the conflict between policies and regulatory code. The Hearing Examiner may include in a decision any conditions of approval that are necessary to ensure that the proposal (a) complies with all applicable zoning code criteria and Comprehensive Plan policies, including the Shoreline Management Act and State Environmental Policy Act, and (b) does not present probable significant adverse environmental impacts to surrounding properties or any other affected area. The Hearing Examiner may revoke an approved permit for failure to comply with any such conditions. Such conditions may include, but are not limited to, the following:

Exact location and nature of development, including additional building and parking area setbacks, screenings in the form of landscaped berms, landscaping, or fencing;

Impact of the development upon other lands;

Hours of use of operation or type and intensity of activities;

Sequence and scheduling of development;

Maintenance of the development;

Duration of use and subsequent removal of structures;

Granting of easements for utilities or other purposes and dedication of land or other provisions for public facilities, the need for which the Examiner finds would be generated in whole or in significant part by the proposed development;

Mitigation of any significant adverse environmental impacts including off-site improvements reasonably related to the project;

Provisions which would bring the proposal into compliance with the Comprehensive Plan policy; and

Posting of performance bonds as required to ensure compliance with any conditions, modifications, and/or restrictions imposed on the proposal.

(Ord. 1591 § 597, 2014)

§ 18.240.190 Dismissal of pending matters.

The Hearing Examiner may dismiss a pending matter, with or without prejudice, pursuant to a request by the applicant to withdraw the application, or for failure of the applicant to attend all required hearings or provide all requested information.

(Ord. 1591 § 598, 2014)

§ 18.240.200 Presentation of evidence.

Except for hearings on appeals of administrative decisions, any person may testify. In hearings on appeals from administrative decisions, testimony shall be limited to witnesses designated by the administrator whose decision is being appealed, witnesses designated by the appellant, and witnesses designated by any person granted the right of intervention by the Hearing Examiner.

All reasonably probative (material and relevant) evidence will be permitted. The judicial rules of evidence shall not be strictly applied. The Hearing Examiner may accord such weight to the evidence as is deemed appropriate.

The Hearing Examiner may take official notice of judicially cognizable facts and of general, technical, and scientific facts within the Hearing Examiner's specialized knowledge, in accordance with the rules of procedure and so long as any such noticed facts are included in the record and findings.

The Hearing Examiner has the authority to call witnesses and request written evidence in order to obtain the information necessary to make a decision. The Hearing Examiner may request written comment from and the appearance of the designated representative of any City department that has an interest in or may affect an application for a proposed use.

The Hearing Examiner may require that testimony be given under oath or affirmation.

The Hearing Examiner may allow the cross-examination of witnesses.

The Hearing Examiner may impose reasonable limitations on the number of witnesses to be heard and the nature and length of their testimony to avoid repetitious testimony, expedite the hearing, or avoid continuation of the hearing. This subsection is not intended to preclude or exclude from the record any relevant testimony or evidence.

No testimony or oral statement regarding the substance or merits of an application is allowable after the close of the public hearing. No documentary material submitted after the close of the hearing will be considered by the Hearing Examiner unless additional time to submit such material has been granted and all parties are given an opportunity to review the material and file rebuttal material or argument.

(Ord. 1591 § 599, 2014)

§ 18.240.210 Rehearing.

The Hearing Examiner may continue or reopen a hearing to take additional testimony, to receive additional evidence, or for any other cause that is reasonable or appropriate; provided, the order continuing or reopening the hearing is entered prior to the issuance of the decision in the case.

If the Hearing Examiner decides, prior to the close of the hearing, to continue the hearing and then and there specifies the date, time, and place of the subsequent hearing, no further notice is required. If a decision is made to reopen a hearing after the conclusion of the hearing, all parties who originally had notice must be given at least 15 days' notice of the date, time, place, and nature of the subsequent hearing, and the notice shall be published as provided in this chapter.

A hearing before the Hearing Examiner shall constitute the hearing of the City Council. No new testimony shall be taken or new evidence accepted by the City Council; provided, however, the City Council may remand a matter to the Hearing Examiner, pursuant to the Hearing Examiner code.

(Ord. 1591 § 600, 2014)

§ 18.240.220 Record of hearing – Content.

The Hearing Examiner shall establish and maintain a record of all proceedings and hearings conducted including a sound recording which shall be accurately transcribed as necessary.

The record of a hearing conducted by the Hearing Examiner shall include, but is not limited to, the following contents:

The written application or appeal;

The names and addresses of all participants;

The Planning, Building and Public Works Department's written report;

All evidence received or considered by the Hearing Examiner;

The decision or recommendation of the Hearing Examiner;

Tape recordings of all proceedings; and

Records of notice given of the hearing.

(Ord. 1591 § 601, 2014)

§ 18.240.230 Decision – Content and distribution.

The decision of the Hearing Examiner shall include at least the following content:

A description of the proposed use or action;

The location of the property;

A statement regarding the status of SEPA review of the proposed actions;

The date, time, and place of the hearing(s);

A list of persons who testified or a summary of such list;

A list of exhibits, or a summary of such list;

A statement identifying the ordinance or criteria governing the application;

Findings of fact and conclusions relating the proposed use to the ordinance and other criteria governing the application; and

The decision denying or approving the application and any conditions, if applicable.

The Hearing Examiner shall issue a written decision within 14 days of the date of closing of the hearing, unless the applicant agrees in writing to a longer time.

A copy of the decision shall be mailed or otherwise made available to:

The applicant;

The Planning, Building and Public Works Department and all other City departments affected by or interested in the decision;

In the case of an administrative appeal, the appellant and the administrative department head; and

Except in cases of appeal of an administrative decision, all other persons who request that they receive a notice of the decision.

(Ord. 1591 § 602, 2014)

§ 18.240.240 Decision – Reconsideration.

The applicant, an opponent of record, or a City department may petition the Hearing Examiner in writing to reconsider a decision. Such petition must be filed within 10 days of the date of the written decision.

The Hearing Examiner, within seven days of the date the petition is filed, shall determine whether to deny the petition, issue a new decision, or reopen the hearing as provided in this chapter. The Hearing Examiner may summarily dismiss a petition for reconsideration that is without merit or brought primarily to secure a delay.

The Hearing Examiner may reconsider a decision if it is found that:

An error of fact, law, or procedure that is more likely than not to affect the outcome of the decision has been made; or

The petitioner is seeking to enter previously unavailable information that is more likely than not to affect the outcome of the decision.

The filing of a petition for reconsideration shall modify the time for filing an appeal of a decision of the Hearing Examiner as follows:

If the petition for reconsideration is denied, the time from the date the petition is filed to the date the written denial is issued shall not be counted in the 10 days given to file an appeal by DMMC § 18.240.250, Appeals from decision of Hearing Examiner.

If the petition is approved, and upon reconsideration the original decision is unchanged, the time from the date the petition is filed to the date the written decision following the reconsideration is issued shall not be counted in the 10 days given to file an appeal by the Hearing Examiner code.

If the petition for reconsideration is approved and upon reconsideration the original decision is changed, the appeal period provided in DMMC § 18.240.250, Appeals from decision of Hearing Examiner, starts from the date of the written decision of the reconsideration.

(Ord. 1591 § 603, 2014)

§ 18.240.250 Appeals from decision of Hearing Examiner.

The applicant, a party of record, or a City department may appeal to the City Council any decision of the Hearing Examiner that does not involve a proposed land use action by filing with the City Clerk a written notice of appeal within 10 calendar days of the date of the written decision of the Hearing Examiner.

The City Clerk may reject or dismiss any appeal sought to be filed by a person not given the right of appeal by this section, or any incomplete appeal. An appeal will be considered incomplete if it fails to follow the criteria set forth in this chapter regarding content or timing of appeal.

A party of record may appeal to the Superior Court of Washington for King County any Hearing Examiner decision in response to a proposed Type I, II, or III land use action by filing a land use petition as specified by chapter 36.70C RCW.

(Ord. 1591 § 604, 2014)

§ 18.240.260 Content of appeal.

An appeal shall not contain any new facts or evidence. An appeal shall contain all of the following:

The file number of the decision being appealed;

The name and address of the appellant;

A detailed statement identifying specifically the error of fact, law, or procedure, and the effect of the alleged error on the decision;

A statement of the redress sought by the appellant;

Filing fee as established by the City Manager or the City Manager's designee. A schedule of applicable fees is available by contacting the City Clerk.

(Ord. 1591 § 605, 2014)

§ 18.240.270 Timing of appeal.

Within two days of receiving a timely and complete request for appeal, the City Clerk shall forward the appeal to the Hearing Examiner. Within 28 days of receiving the appeal, the Hearing Examiner shall cause a verbatim transcription of the hearing to be prepared and forward a copy of the appeal with the remaining record of the hearing to the City Council with a request that a date for consideration be set. Copies of the record, to the extent practicable, are sent to the appellant and the applicant if different than the appellant.

At the next regular meeting of the City Council following receipt of the record from the Hearing Examiner, the Council will schedule the appeal for consideration so that the appeal will be considered within 60 days from the filing of the record with the Council. The City Clerk shall give notice of the date, time, and place of the Council's consideration of the appeal to all parties of record.

(Ord. 1591 § 606, 2014)

§ 18.240.280 Reference to Board of Adjustment.

All references to the Board of Adjustment in previously enacted ordinances and resolutions of the City shall hereafter mean the Hearing Examiner.

(Ord. 1591 § 607, 2014)

§ 18.245.010 Title.

This chapter shall be entitled "Mobile Home Park Regulation Code."

(Ord. 1591 § 608, 2014)

§ 18.245.020 Application.

This chapter shall apply to mobile home parks.

(Ord. 1591 § 609, 2014)

§ 18.245.030 Purpose.

The City finds that properly planned and operated mobile home parks:

Promote the safety and health of the residents of such parks and of other nearby neighborhoods; and

Encourage economical and orderly development of such parks and other nearby neighborhoods.

"Mobile/manufactured home"

It is, therefore, declared to be the policy of the City to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land by providing for planning and operating mobile home parks and by providing for the standards and regulations necessary to accomplish these purposes.

(Ord. 1591 § 610, 2014)

§ 18.245.040 Authority.

This chapter is adopted pursuant to the provisions of chapter 59.20 RCW, RCW 35A.21.312 and other applicable laws.

(Ord. 1591 § 611, 2014)

§ 18.245.050 Definitions – Use of words and phrases.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

"Factory-built housing"

means any structure designed primarily for human occupancy which is either entirely or substantially prefabricated or assembled at a place other than a building site, meets the requirements of the International Building Code, and bears the insignia of the Washington State Department of Labor and Industries. Factory-built housing may also be called industrialized, modular, sectional, or sectionalized construction.

"Leasable"

space means that area within the mobile home park designated on an approved site plan as lots for locating mobile home units with full utility hook-ups.

"Mobile home park"

means an approved residential development as shown in the records of the Planning, Building and Public Works Department, and designed and approved in accordance with either the subdivision or the planned unit development regulations of the City, together with certain service/utility buildings and uses providing for the enjoyment and benefit of the residents of the mobile home park in which individual spaces are provided for the placement of a mobile home for dwelling unit purposes. Lots for mobile homes may be either rented or purchased.

means a factory-assembled structure or structures designed for human occupancy and equipped with the necessary service connections and constructed so as to be readily movable as a unit or units upon running gear. The support system of a mobile home shall be constructed so that the mobile home may be placed thereon and may be moved from time to time at the convenience of the owner. Mobile homes must bear the insignia of the State Department of Labor and Industries. The terms "mobile home" and "manufactured home" are considered to be interchangeable in the context of this chapter. A commercial coach, recreational vehicle, or motor home is not a mobile/manufactured home.

"Recreational vehicle"

means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use with or without motive power of such size and weight as not to require a special highway movement permit and certified as approved as such by the State Department of Labor and Industries. "Recreational vehicles" shall include but are not limited to campers, motor homes, travel trailers, and camping trailers.

"Recreational vehicle storage area"

means a surfaced area enclosed by appropriate fencing provided for the storage of recreational vehicles. All recreational vehicle storage within the mobile home park shall occur in this designated area.

"Service building"

means a building for the purpose of housing mobile home park community facilities.

"Utility building"

means an accessory structure intended for the storage of typical outdoor equipment incidental to the occupants of the mobile home, i.e., lawn mower, lawn chairs, barbecue, etc. Utility buildings are limited to one per mobile home lot.

(Ord. 1591 § 612, 2014)

§ 18.245.060 General requirements.

Mobile homes are a permitted use in mobile home parks. Mobile home parks shall be developed in accordance with the requirements of either Title 17 DMMC or chapter 18.230 DMMC together with the requirements of this chapter.

Recreational vehicles shall only be occupied for residential purposes as is set forth in RCW 35A.21.312. No recreational vehicle shall be occupied for commercial purposes anywhere in the City except in the case of temporary uses as authorized by the City Manager or the City Manager's designee; provided, that under no circumstances shall a recreational vehicle be occupied for such commercial purpose for more than 30 days.

Mobile/manufactured homes shall be used for residential purposes only, except for home occupations as defined in this Title.

No space shall be rented or sold for any purpose within a mobile/manufactured home park except for a permanent residence.

No person, company, or corporation shall establish a new mobile/manufactured home park, or enlarge the size of or increase the allowed density of an existing mobile/manufactured home park, without first complying with the provisions of this chapter.

Where there is a conflict between the requirements of either Title 17 DMMC, chapter 18.230 DMMC, and this chapter, the most stringent provisions shall control.

The provisions of this chapter shall not apply to factory-built housing.

(Ord. 1591 § 613, 2014)

§ 18.245.070 Business license required.

All persons who rent or sell lots in a mobile home park for mobile homes and/or who sell mobile homes therein shall possess a valid business license from the City. In addition to meeting all requirements of chapter 5.04 DMMC, relating to business licenses, the mobile home park shall be inspected by the Seattle-King County Department of Public Health prior to issuance of a business license by the City Clerk. The applicant shall remedy all unsanitary conditions found by the Health Department. Failure to remedy such conditions shall be grounds for denial or revocation of the business license by the City Manager or the City Manager's designee. All mobile home parks shall be inspected by the Planning, Building and Public Works Department annually for compliance to this chapter. Failure to remedy corrections in a timely manner shall be grounds for denial or revocation of the business license by the City Manager or the City Manager's designee.

(Ord. 1591 § 614, 2014)

§ 18.245.080 Density requirements.

Mobile home parks shall be not less than three acres in size. The maximum site area of a mobile/manufactured home park, or combination of adjacent parks, shall be 10 acres. Parks shall be considered to be "adjacent" to one another unless they are separated by an unrelated land use, and not merely by a public or private street, easement, or buffer strip.

The number of mobile homes in the mobile home park shall not exceed the allowable number of dwelling units in the zone district in which the mobile home park is located.

(Ord. 1591 § 615, 2014)

§ 18.245.090 Development standards – Compliance.

In addition to the requirements of either Title 17 DMMC or chapter 18.230 DMMC, mobile home parks shall comply with the following development standards and requirements.

(Ord. 1591 § 616, 2014)

§ 18.245.100 Development standards – Lots.

Every mobile home lot shall be at least 2,400 square feet with a 40-foot frontage.

Each mobile home lot shall be identified with an individual site number, each number a minimum of four inches tall in a logical numerical sequence, subject to approval by the Building Official, displayed in a manner pursuant to Section R319 of the International Residential Code throughout the mobile home park and readily identified from the roadways within the park. In addition, these numbers must be shown on the official site plan for the mobile home park. Site numbers shall not be mounted on the mobile homes.

Every mobile home lot shall have a pad hard-surfaced with concrete or asphaltic concrete of minimum thickness of four inches. It shall be of a size not less than that of the mobile home to be parked on the lot.

(Ord. 1591 § 617, 2014)

§ 18.245.110 Development standards – Lot coverage.

All impervious surfaces, including but not limited to mobile homes, service/utility buildings, carports, patios, driveways, and streets, shall not exceed 50 percent of the lot area.

(Ord. 1591 § 618, 2014)

§ 18.245.120 Development standards – Setbacks.

Minimum front yard setbacks for all structures shall be 10 feet.

Minimum rear yard setbacks for all structures shall be 15 feet.

Minimum side yard setbacks for all structures shall be 10 feet.

Corner lots shall observe a minimum 15-foot setback from all streets and alleys.

The minimum clearance between mobile homes shall not be less than 10 feet.

The clearance between mobile homes and any service/utility building(s) situated on the same lot shall not be less than required by the International Building Code.

Eaves may project up to a maximum of 18 inches into any required setback area.

(Ord. 1591 § 619, 2014)

§ 18.245.130 Development standards – Parking spaces.

A minimum of two off-street parking spaces per mobile home shall be provided on the lot on which the mobile home is located.

In addition to occupant parking, guest and service parking shall be provided within the boundaries of the park at a ratio of one parking space for each two mobile/manufactured lots, and shall be distributed for convenient access to all lots and may be provided by a separate parking area. Clubhouse and community building parking facilities may account for up to 50 percent of this requirement.

Setbacks for mobile/manufactured home units shall not be calculated for purposes of meeting the minimum parking requirements. All off-street parking spaces shall conform to the dimensional requirements contained in chapter 18.210 DMMC.

Vehicles over 8,500 pounds gross license weight and recreational vehicles shall not be parked or stored on the individual lots or on any street. A separate storage area shall be provided with appropriate fencing and visual screening as determined by the Planning, Building and Public Works Department.

(Ord. 1591 § 620, 2014)

§ 18.245.140 Development standards – Streets and access.

Access to and from the mobile home park shall be from a minor arterial or collector street. Access to mobile home lots shall be from interior streets only. No individual access to any mobile home lot shall be from streets adjacent to the exterior of the mobile home park.

All streets shall be constructed to City standards contained in chapter 12.15 DMMC.

Pedestrian sidewalks shall be of concrete pavement a minimum of five feet wide on both sides of all streets.

Driveways providing entrance to or exit from to the mobile home park shall be no closer than 150 feet from an intersection, measured from the existing or proposed right-of-way, whichever is the greater.

All streets and access roads so designated either in the subdivision or PUD review process shall be completed prior to occupancy of any mobile home.

All fire lanes shall be clearly marked and no parking shall be allowed in these areas.

(Ord. 1591 § 621, 2014)

§ 18.245.150 Development standards – Building heights.

The maximum building height shall be 25 feet.

(Ord. 1591 § 622, 2014)

§ 18.245.160 Development standards – Landscaping – Recreation space.

At least 15 percent of the gross area within the mobile home park shall be set aside as active recreation space. The 15-foot buffer area required by subsection (2) of this section shall not be counted towards meeting the 15 percent requirement.

A 15-foot minimum buffer area around the perimeter of the mobile home park is required. The buffer area shall contain perimeter screening of dense evergreen plantings, a minimum of five feet in height when installed, which will grow to a minimum of eight feet in height within five years.

The developer shall furnish to the City a performance bond or other suitable security in a form approved by the City Attorney and in an amount approved by the Planning, Building and Public Works Department to ensure installation of the landscaping prior to any construction in the mobile home park.

(Ord. 1591 § 623, 2014)

§ 18.245.170 Development standards – Drainage.

Drainage and runoff plans shall be approved by the Planning, Building and Public Works Director.

(Ord. 1591 § 624, 2014)

§ 18.245.180 Development standards – Sewers.

Each mobile home shall be connected to sanitary sewers. A valid side sewer permit shall be obtained prior to any connection to any sewers.

(Ord. 1591 § 625, 2014)

§ 18.245.190 Development standards – Utilities.

Every mobile home shall be permanently connected to electric power, water supply, sewage disposal, gas, cable television, and telephone service lines in compliance with applicable municipal codes. All utilities shall be placed underground in accordance with the provisions of chapter 12.25 DMMC.

(Ord. 1591 § 626, 2014)

§ 18.245.200 Development standards – Lighting.

Artificial lighting shall be provided sufficient to illuminate walks, driveways, and parking areas to ensure the safe movement of pedestrians and vehicles at night. Artificial lighting shall be high pressure sodium lamps or equivalent. These exterior lights shall be such as will turn on and off automatically with dawn and dusk. Lighting shall be directed away from adjacent properties.

(Ord. 1591 § 627, 2014)

§ 18.245.210 Development standards – Recreation areas.

Playground facilities or play areas shall be conveniently situated, containing a minimum of five percent of the total gross area of the park and shall be restricted to such use. Such an area shall further be placed within the mobile home park so as to be properly protected from streets, highways, roadways, and parking areas. Such playground space may be provided in one or more locations within the mobile home park.

(Ord. 1591 § 628, 2014)

§ 18.245.220 Development standards – Screening.

An ornamental wall, fence, or screen planting acceptable to the Planning, Building and Public Works Department not less than six feet and not more than 10 feet in height shall be erected and maintained along the side and rear boundaries of a mobile home park. Where, in the opinion of the Planning, Building and Public Works Department, it is unreasonable to require a wall or fence due to the nature of the existing topography or other existing conditions that might render such a wall or fence ineffective, the department, at its discretion, may waive or modify the requirements as specified in this section.

All outdoor storage in and around mobile homes shall be screened as prescribed in DMMC § 18.195.060 except that a five-foot-deep landscape area shall not be required. All screening shall be approved by the Planning, Building and Public Works Department.

(Ord. 1591 § 629, 2014)

§ 18.245.230 Development standards – Solid waste and recycling.

The storage, collection, and disposal of solid waste in the mobile home park shall be conducted so as to prevent health hazards, rodent harborage, insect breeding areas, accidents, fire hazards, and air pollution. It shall be the responsibility of the mobile home park owner to ensure safe and sanitary storage, collection and disposal of refuse as required in DMMC § 7.04.090.

Community-type containers will be required and shall be located not more than 150 feet from any mobile home lot.

These collection areas shall be screened according to the provisions of chapter 18.195 DMMC.

Recycling facilities shall be provided as determined by the Planning, Building and Public Works Department.

(Ord. 1591 § 630, 2014)

§ 18.245.240 Development standards – Skirting.

Skirtings are required and shall be constructed of like material to the mobile/manufactured home material. Every mobile home skirt shall be provided with a door or easily removed portion thereof through which an inspector may gain access to the crawl space under the unit.

(Ord. 1591 § 631, 2014)

§ 18.245.250 Adoption of mobile home regulations by reference.

Chapter 296-150B WAC, Standards for Mobile Homes, Commercial Coaches, and Recreational Vehicles, as presently constituted or as may be subsequently amended, is adopted and shall be applicable within the City.

(Ord. 1591 § 632, 2014)

§ 18.245.260 Smoke detectors.

Smoke detectors, of a type approved by the Building Official, shall be installed in all newly set mobile homes.

(Ord. 1591 § 633, 2014)

§ 18.245.270 Furnace controls – Power switch.

All furnace controls and power switches shall be placed on the exterior of the furnace enclosure.

(Ord. 1591 § 634, 2014)

§ 18.245.280 Tie downs.

All mobile homes shall be equipped with tie downs of a type that has been approved by the Building Official.

(Ord. 1591 § 635, 2014)

§ 18.245.290 Site plan required – Preexisting parks.

The owners of mobile home parks existing before July 1, 1992, shall provide the City with a site plan, prepared by a professional surveyor or engineer and/or in a form acceptable to the Planning, Building and Public Works Department, showing the number of mobile homes presently on the site, their location, and the dimensions of all lots and the location and size of all roads, sewers, water lines, all other utilities and other structures on the property. The site plan shall be submitted in conjunction with the application for renewal of a business license as required by this Title.

(Ord. 1591 § 636, 2014)

§ 18.245.300 Preexisting mobile home parks.

All mobile home parks existing before July 1, 1992, and which were in compliance with existing City or county codes at the time of their establishment, shall be legal, nonconforming uses and are entitled to the number of mobile homes which was permitted by the applicable ordinance in effect at the time the mobile home park was established, the number and configuration of individual spaces which are provided for placement of a mobile home for dwelling unit purposes existing on July 1, 1992, and the privilege of locating in such spaces mobile homes of a size suitable to the dimensions of the individual spaces and subject to the setback requirements which were in place at the time the mobile home was placed;

The owner of the mobile home park shall provide the City Planning, Building, and Public Works Department by January 31, 2004, a plan or schematic of the mobile home park drawn to scale, showing the location and dimension of each space for the placement of mobile homes;

All other provisions of this mobile home park regulation code shall be applicable; and

No increase in density and no increase in the number of mobile homes are allowed unless all of the provisions of this chapter are met.

(Ord. 1591 § 637, 2014)

§ 18.245.310 Administration.

The Planning, Building, and Public Works Director or his/her designee shall enforce the terms of this chapter according to the provisions of this chapter.

(Ord. 1591 § 638, 2014)

§ 18.245.320 Inspections.

No person may occupy or allow or suffer another person to occupy a mobile/manufactured home before the same has been inspected and approved by the State Department of Labor and Industries, and the installation has been approved by the Building Official.

The installer/owner shall request an inspection after all aspects of the installation, other than installation of the skirting, have been completed. If the inspection is not completed within 10 business days, the tenant or owner may occupy the mobile/manufactured home at his or her own risk. Occupancy before inspection does not imply City approval.

(Ord. 1591 § 639, 2014)

§ 18.245.330 Mobile/manufactured home installation.

No person may install a mobile home unless that person owns the mobile home, is a licensed mobile home dealer, or is a contractor registered under chapter 18.26 RCW, as presently constituted or as may be subsequently amended.

(Ord. 1591 § 640, 2014)

§ 18.245.340 Permits for accessory structures.

Building permits shall be required pursuant to this chapter for all accessory structures on a mobile/manufactured home lot, including but not limited to awnings, porches, steps, decks, storage sheds, and carports.

(Ord. 1591 § 641, 2014)

§ 18.245.350 Park administration.

The owner(s) of a mobile/manufactured home park shall be responsible for the development and maintenance of the park in strict conformity with this chapter, the building site plan, and all other applicable laws and ordinances.

A mobile/manufactured home park shall have internal rules and regulations governing, at a minimum, the following:

A requirement that all tenants comply with state inspection codes at the time a mobile/manufactured home is installed or modified.

A requirement that all tenants comply with zoning code restrictions relating to the use of their mobile/manufactured home and lot.

A requirement that all landscaping, buffer areas, recreational areas and facilities, storage areas, streets, walkways, and other common areas and facilities be continuously maintained to at least the minimum standard required by the City and approved by the enforcing agency at the time of initial occupancy.

A mobile/manufactured home park shall have a resident manager who shall be the agent of the owner with authority to communicate directly with City officials regarding compliance with codes and requirements and who shall be responsible for the enforcement of park rules and regulations.

(Ord. 1591 § 642, 2014)

§ 18.245.360 Snow design load requirements.

All newly placed or moved mobile/manufactured homes are required to meet the local snow design load of 25 pounds per square foot.

(Ord. 1591 § 643, 2014)

§ 18.245.370 Maximum age of structure.

All new placed or moved mobile/manufactured homes are required to comply with the age provisions set forth in RCW 35A.21.312.

(Ord. 1591 § 644, 2014)

§ 18.250.010 Title.

This chapter shall be entitled "State-Licensed Marijuana Producers, Processors, and Retailers."

(Ord. 1591 § 645, 2014)

§ 18.250.020 Application.

This chapter applies to state-licensed marijuana producers, processors, and retailers.

(Ord. 1591 § 646, 2014)

§ 18.250.030 Purpose.

The purpose of this chapter is to provide regulations and zoning standards for producers, processors, and retailers of recreational marijuana licensed by the State of Washington, pursuant to chapter 69.50 RCW and rules adopted by the WSLCB.

(Ord. 1591 § 647, 2014)

§ 18.250.040 Authority.

This chapter is adopted pursuant to chapter 69.50 RCW and other applicable Washington laws.

(Ord. 1591 § 648, 2014)

§ 18.250.050 Definitions.

The definitions provided in RCW 69.50.101 and WAC 314-55-010 are adopted by reference.

(Ord. 1591 § 649, 2014)

§ 18.250.060 Recreational marijuana regulations for producers and processors. [1]

State-licensed marijuana producers and marijuana processors may locate in the City of Des Moines pursuant to the following restrictions:

Marijuana producers and marijuana processors must comply with all requirements of chapter 69.50 RCW, chapter 314-55 WAC, and other applicable Washington laws.

Persons may conduct business within the City of Des Moines as a state-licensed marijuana producer and/or marijuana processor if located within the Business Park (B-P) Zone located north of South 216th Street and south of South 208th Street, and within the Highway Commercial (H-C), Transit Community (T-C), and Community Commercial (C-C) Zones generally located along Pacific Highway South south of Kent-Des Moines Road.

Marijuana producers and processors shall not locate on a site or in a building in which nonconforming production or processing uses have been established in any location or zone other than those referenced in subsection (2) of this section.

Marijuana producers and processors shall not operate as an accessory to a primary use or as a home occupation.

(Ord. 1591 § 650, 2014; Ord. 1601 § 17, 2014)

[1]

Code reviser's note: Ord. 1601's amendment to DMMC § 18.250.060 is only intended to replace subsections (1) and (2) to add requirements pertaining to the T-C Zone. Existing subsections (3) and (4) have been retained.

§ 18.250.070 Recreational marijuana regulations for retailers.

State-licensed marijuana retailers may locate in the City pursuant to the following restrictions:

Marijuana retailers must comply with all requirements of chapter 69.50 RCW, chapter 314-55 WAC, and other applicable Washington laws.

Persons may conduct business within the City as a state-licensed marijuana retailer if located within the Transit Community (T-C) and Woodmont Commercial (W-C) Zones generally located along Pacific Highway South south of Kent-Des Moines Road.

Marijuana retailers shall not locate in a building in which nonconforming retail uses have been established in any location or zone other than those referenced in subsection (2) of this section.

Essential public facilities shall be processed in accordance with the permit type as listed in DMMC § 18.52.010A and 18.52.010B or with a development agreement using the alternative process of DMMC § 18.255.100 and in accordance with the requirements of this chapter.

In accordance with DMMC § 18.240.160, the City Council may choose to delegate review of an essential public facility unclassified use permit to the Hearing Examiner.

For unclassified use permits, in addition to the requirements for notice set forth in chapter 18.20 DMMC, notice shall be mailed to property owners within 1,000 feet of the project site.

(Ord. 1697 § 11(part), 2018)

§ 18.255.060 Affected agencies – Neighborhood meeting.

The applicant shall conduct at least one neighborhood meeting to discuss the proposed EPF development. The meeting shall be held at least 45 days before submitting the EPF notification to the City pursuant to DMMC § 18.255.070.

The purpose of the neighborhood meeting is to:

Ensure that an applicant pursues early public participation in conjunction with and prior to the application, giving the applicant an opportunity to understand and mitigate any impacts that the proposed development might have;

Ensure that neighborhood residents, tribes, public service agencies and utility providers, federal, state and local governments, and business owners have an opportunity at an early stage to learn about how the proposed development might affect them and to work with the applicant to resolve concerns prior to submitting an application;

The applicant is responsible for notifying, facilitating and summarizing the neighborhood meeting pursuant to the following requirements:

Public notice for the neighborhood meeting shall include:

Date, start time, and location of the meeting;

Proposed development name;

Map showing the location of the proposed development and the location of the meeting;

Description of proposed development; and

Name, address and phone number of the applicant or representative of the applicant to contact for additional information.

The notice must be provided to the City at least 21 days prior to the meeting and at least seven days prior to mailing the public notice. Notice shall be mailed at least 14 days prior to the neighborhood meeting and shall, at a minimum, be mailed to:

Each taxpayer of record and each known site address within one-half mile (1,000 feet) of any portion of the boundary of the property on which the EPF is proposed to be located and any contiguous property owned by the applicant;

Any city or town whose boundaries are within one mile of the property on which the EPF is proposed to be located and any contiguous property owned by the applicant; and

Any affected public service agencies and utility providers, federal, state and local governments, and school districts.

The City, upon request, shall provide the applicant with necessary names and addresses or mailing labels. The applicant shall reimburse the City for any costs associated with this request consistent with City procedures.

The neighborhood meeting shall be held at a location accessible to the public and within a reasonable distance from the boundary of the proposed development.

At a minimum the applicant shall provide at the neighborhood meeting:

Conceptual graphic presentation depicting the layout and design of the proposed development;

Size of the proposed development;

The proposed uses including the square footage;

Project narrative and description;

Site plan;

(F)

Potential expansion areas; and

(G)

Potential impacts and how those impacts will be addressed by the applicant.

The applicant shall prepare a written summary of the neighborhood meeting to be included with the EPF notice required in DMMC § 18.255.070, including:

A copy of the notice of the neighborhood meeting along with a list of persons to whom it was mailed;

A signed affidavit listing the persons who attended the meeting and their addresses if provided; and

A signed affidavit providing a summary of concerns, issues, problems and mitigation expressed during the neighborhood meeting.

(Ord. 1697 § 11(part), 2018)

§ 18.255.070 Essential public facilities – Notification, determination of permit process, and appeal.

Any public or private entity proposing to site an EPF in the City shall provide written notification of its intent to site the EPF to the City Manager or the City Manager's designee at least 90 days prior to submittal of an application. Such notification shall include the following:

An EPF preapplication conference request and fee as listed in the City's fee schedule.

When the EPF is proposed to be processed through a development agreement, a request to utilize the alternative procedures of DMMC § 18.255.100, and a description of the completed and proposed public process.

A detailed description of the proposal including:

An explanation of the operations and the need for the proposed facility, why the facility is difficult to site and why it qualifies as an EPF;

Documentation that affected jurisdictions and the public have been notified and given an opportunity to comment pursuant to chapter 18.20 DMMC or equivalent process;

Proof of a published notice regarding the proposed EPF in the City's official newspaper describing the proposal and soliciting comments, together with any written comments received on the proposed EPF;

An analysis of the facility siting criteria, including size, physical characteristics, support facilities, access, future expansion needs and analysis of alternative sites and a description of any applicable state or regional siting process;

A description of general environmental, traffic and social impacts and proposed mitigation measures;

A description of community amenities proposed;

(vii)

The site's relationship to the projected service area and distribution of similar facilities within that service area;

(viii)

An analysis of the proposal's consistency with the City's Comprehensive Plan and applicable development regulations, and an identification of any inconsistencies;

(ix)

A proposed site plan and vicinity map with current zoning designations; and

A written summary of the neighborhood meeting prepared in accordance with DMMC § 18.255.060(2)(c)(vi).

The City Manager or the City Manager's designee shall issue a determination as to whether the proposal is designated as an EPF consistent with the definition of EPFs pursuant to RCW 36.70A.200, WAC 365-196-550 and DMMC § 18.01.050 and a determination of the applicable permitting process. The City Manager or designee shall provide written notice of his or her determination within 90 days from the filing of the notice to the applicant and City Council and publish notice of the determination in the official newspaper of record.

The City Manager's or the City Manager's designee's determination shall be appealable to the City Council by the applicant or by any affected person. Appeals shall be filed pursuant to chapter 18.20 DMMC. The City Council shall hold a public hearing on the appeal within 30 days of the filing of the appeal. At the hearing, any interested person may provide oral or written comment on matters relevant to the appeal. The City Council shall issue a decision on the appeal within 14 days of the close of the hearing. The City Council's decision shall be a final decision subject to appeal under chapter 36.70C RCW.

(Ord. 1697 § 11(part), 2018)

§ 18.255.080 Decision criteria for siting and expansion of essential public facilities.

The City's decision-maker may consider whether the proposal is consistent with the following factors:

The proposal is consistent with the objectives and policies of the Des Moines Comprehensive Plan;

The project applicant has demonstrated a need for the project, as supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;

If applicable, the project would serve a significant share of the City's population, and the proposed site will reasonably serve the project's overall service population;

The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology;

The project is consistent with the applicant's own long-range plans for facilities and operations;

The project will not result in a disproportionate burden on a geographic area;

The project proposes public amenities that benefit the surrounding community;

The applicant has provided an opportunity for public participation in the siting decision and development of mitigation measures that is appropriate considering the project's scope, applicable requirements of this code, and state or federal law;

The project site meets the facility's minimum physical site requirements, including projected expansion needs. Site requirements shall be determined by the minimum size of the facility, setbacks, access, support facilities, topography, geology, and on-site mitigation;

The proposal, as conditioned, adequately mitigates adverse impacts to life, limb, property, the environment, public health and safety, transportation systems, economic development and other identified impacts;

The proposal incorporates specific features to ensure it responds appropriately to the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding property;

The applicant has proposed mitigation measures that aid displaced or impacted businesses including assistance in relocating within the City;

The facility satisfies the provisions of this Title for development within the zoning district in which it is proposed to be located, except as provided in this chapter;

The proposal incorporates the principles of Crime Prevention through Environmental Design (CPTED); and

Whether the essential public facility and its location have been evaluated through a valid state or regional siting process. In the case of an EPF sited through a state or regional siting process, the City shall accept the valid siting determination with respect to any such facility.

(Ord. 1697 § 11(part), 2018)

§ 18.255.090 Conditions.

In issuing an approval or permit under this chapter, the City's decision-maker may impose such reasonable conditions as necessary to ensure that a proposed essential public facility satisfies, to the extent practicable, the applicable criteria therefor and does not unreasonably impact the public health, safety, environment and welfare.

Reasonable conditions of approval may include, but are not limited to, the following:

Increase requirements in the standards, criteria, or policies established by this Title;

Limit the manner in which the proposed use is conducted, including restricting the time during which an activity may take place, and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;

Stipulate the exact location of an EPF as a means of minimizing hazards to life or limb, property damage, impacts to the environment, erosion, underground collapse, landslides, and transportation systems;

Impose reasonable conditions necessary to avoid, minimize or mitigate any adverse impacts identified resulting from the project;

Require the posting of construction and maintenance bonds or other security as provided in chapter 14.20 DMMC sufficient to secure to the City the estimated cost of construction, installation and maintenance of required improvements;

Require a special yard or other open space or lot area or dimension;

Limit the height, size or location of a building or other structure;

Designate the size, number, location or nature of vehicle access points;

Designate the amount of street dedication, roadway width or improvements within the street right-of-way;

Designate the size, location, screening, drainage, surfacing or other improvement of parking or vehicle loading areas;

Limit or otherwise designate the number, size, location, and height of lighting of signs;

Limit the location and intensity of outdoor lighting, and/or requiring shielding thereof;

(m)

Require screening, landscaping or another facility to protect adjacent or nearby property, and designate standards for the installation or maintenance of such facility;

(n)

Designate the size, height, location or constituent materials for on-site fencing;

(o)

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources;

(p)

Require provisions for public access, both physical and visual, to natural, scenic and recreational resources;

(q)

Require provisions for stormwater drainage, including designating the size, location, screening, or other improvements of detention ponds and related facilities;

(r)

Impose special conditions on the proposed use to reasonably ensure its conformance with the surrounding neighborhood and the intent and purpose of the underlying zoning district;

(s)

Require provisions of public amenities that benefit the surrounding community;

(t)

Require building and site design changes to increase compatibility with the surrounding neighborhood;

(u)

Require that necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

Require that necessary infrastructure is or will be made available to ensure that public safety responders have sufficient capacity to handle increased calls or expenses that will occur as the result of the facility;

(w)

Require that all capital costs associated with on-site and off-site improvements necessitated by the facility are borne by the project sponsor to the extent legally permissible;

Require that the facility not unreasonably increase noise levels in residential areas, especially at night;

(y)

Require visual screening be provided that will mitigate the visual impacts from streets and adjoining properties while using the principles of Crime Prevention through Environmental Design (CPTED);

(z)

Require that probable significant adverse environmental impacts, including but not limited to impacts to wetlands, shorelines and wildlife habitat, are adequately mitigated; and

(aa)

Require conditions to assure that any other applicable criteria set forth in this Title are satisfied.

In the event that an EPF sited through a state or regional siting process cannot, by the imposition of reasonable conditions of approval, satisfy the criteria set forth in this section, the City shall approve the siting or expansion of the facility with such reasonable conditions of approval as may mitigate such impacts to the maximum extent practicable.

The list of conditions enumerated in subsections (1) and (2) of this section is nonexclusive. Nothing in this chapter is intended to diminish or otherwise abridge the City's authority to require mitigation measures or impose conditions pursuant to any other applicable requirement, including but not limited to the SEPA regulations codified in chapter 16.05 DMMC.

(Ord. 1697 § 11(part), 2018)

§ 18.255.100 Alternative process – Development agreement.

A conditional use permit (CUP) or unclassified use permit (UUP) shall not be required for an essential public facility as set forth in DMMC § 18.255.050 if an applicant and the City agree to process the EPF with a development agreement, and the applicant demonstrates the following:

The public has been notified and given an opportunity to comment in a process as rigorous as that required by chapter 18.20 DMMC and this chapter;

Proof of a published notice(s) regarding the proposed EPF in the City's official newspaper or equivalent media describing the proposal and soliciting comments, together with any written comments received on the proposed EPF;

Proof that the applicant has had at least one neighborhood meeting consistent with the requirements of DMMC § 18.255.060 to discuss the proposed EPF;

A description of general environmental, traffic and social impacts and proposed mitigation measures;

The site's relationship to the projected service area and distribution of similar facilities within that service area;

An analysis of the proposal's consistency with the City's Comprehensive Plan and applicable development regulations, and an identification of any inconsistencies; and

A proposed site plan and vicinity map with current zoning designations.

An exemption from the CUP or UUP process shall not be deemed to exempt the EPF from any other applicable city, state and/or federal regulations.

The development agreement shall contain such reasonable conditions as necessary to ensure the proposed essential public facility satisfies, to the extent practicable, the permit criteria therefor and does not unreasonably impact the public health, safety, environment and welfare as enumerated in DMMC § 18.255.080 through § 18.255.110.

The City Council shall hold a public hearing prior to approval of the development agreement. At the hearing, any interested person may provide oral or written comment on matters relevant to the agreement. The City Council's decision shall be a final decision subject to appeal under chapter 36.70C RCW.

(Ord. 1697 § 11(part), 2018)

§ 18.255.110 Independent consultant review and environmental review.

The City may require independent consultant review of an EPF proposal to assess its compliance with applicable regulations and the requirements of this chapter.

If independent consultant review is required, the applicant shall bear and secure all consultant and City costs incurred in the preparation of studies or review as determined by the City. The applicant shall make a deposit with the City sufficient to defray the cost of such review. The applicant shall pay all costs prior to issuance of permits. Unexpended funds will be returned to the applicant following the final decision on the application.

The applicant may, at its expense and to the extent determined by the City, provide additional studies or other information.

Any applicant applying for an EPF shall pay the cost of environmental review and studies necessary under SEPA, pursuant to chapter 16.05 DMMC.

(Ord. 1697 § 11(part), 2018)

§ 18.255.120 Decision timing.

The review, reconsideration and appeal process set forth in this chapter shall not be used to preclude an EPF. The City's decision-maker shall render a final, appealable decision with respect to an EPF within 240 days of the City's notice of completion regarding the permit application.

(Ord. 1697 § 11(part), 2018)

§ 18.255.130 Building permit application.

Any building permit issued for an EPF approved under this chapter shall be consistent with all conditions of approval of the conditional use permit, unclassified use permit or development agreement, and other city requirements.

In the event a building permit for an EPF is denied because the building permit application does not comply with construction codes, the City shall submit in writing the reasons for denial to the project applicant.

No building or construction permits may be applied for prior to a conditional use permit, unclassified use permit, or development agreement approval for an EPF unless the applicant signs a written release acknowledging that such approval is neither guaranteed nor implied by the City's acceptance of the building or construction permit applications.

The applicant shall expressly hold the City harmless and accept all financial risk associated with preparing and submitting construction plans before a final decision is made under this chapter.

(Ord. 1697 § 11(part), 2018)

§ 18.255.140 Suspension or revocation of permit.

In the event a building permit for an EPF is denied, suspended or revoked due to a failure to comply with conditions of approval for the CUP, UUP, development agreement or other approval, the City Manager or City Manager's designee shall submit in writing the reasons for such action to the applicant.

(Ord. 1697 § 11(part), 2018)

§ 18.195.010 Title.

This chapter shall be entitled "Landscaping and Screening."

(Ord. 1591 § 412, 2014)

§ 18.195.020 Application.

General Applicability. Landscaping required pursuant to this chapter shall be installed throughout the entire building site in accordance with an approved site plan, prior to issuance of the certificate of occupancy or business license for any of the following development activities:

Construction of a new building or structure;

Expansion of an existing building or structure where such expansion contains 20 percent or more of the floor area of the existing building or structure;

Creation or expansion of a parking area or other paved surface; and

Creation or expansion of an outdoor use, activity, or storage area.

Exceptions. The provisions of this chapter shall not apply in the following circumstances:

Single-family residential development activities shall not be subject to the provisions of this chapter except as may be specifically required by any section.

Where the Planning, Building and Public Works Department determines that existing structures are situated so as to preclude installation of required landscaping, such required landscaping shall be waived for the area affected by such structures.

Where compliance with the provisions of chapter 18.210 DMMC, loading areas and off-street parking requirements for existing buildings or structures, conflicts with the requirements of this chapter, the required landscaping shall be waived, or modified in accordance with DMMC § 18.195.420.

The irrigation requirements of DMMC § 18.195.080 shall apply only to construction of a new building or structure or expansion of an existing building or structure.

Nothing in this chapter shall be construed to relieve the applicant of open space, buffer, setback, and other such development constraints defined by the zoning code, conditional use permit concomitant rezone agreement, subdivision code, planned unit development, shorelines master program, and terms of approvals associated therewith.

Plan Requirements. The Planning, Building and Public Works Department shall review and may approve, approve with modifications, or disapprove site landscape development plans for all development activities subject to the provisions of this chapter. A landscaping plan shall be submitted to the Planning, Building and Public Works Department accurately drawn using an appropriate engineering or architectural scale which shows the following:

Boundaries and dimensions of the site;

Location and identification of all streets, alleys, sidewalks, and easements abutting the site, including dimensions;

Proposed topography at a maximum of five-foot contours;

Proposed location and dimensions of all on-site buildings including height of structures and distance between buildings;

Details of any proposed architectural barriers;

Dimensions and location of storage and trash areas, loading docks, exterior utility installations, and mechanical equipment;

Layout and dimensions of all parking stalls, easements, access ways, turnaround areas, driveways, and sidewalks on-site;

Percentage of landscaping for total site and net square footage of parcel;

Proposed landscaping including location, species, and size at time of planting;

Existing vegetation in general, and identifying all evergreen trees six inches in diameter or greater as measured at 54 inches above the ground and all deciduous trees eight inches in diameter or greater as measured at 54 inches above the ground;

Irrigation plan, indicating the location of pipes, sprinkler heads and pumps, pipe size, head capacity, water pressure in pounds per square inch at the pump and sprinkler heads, and timer system.

(Ord. 1591 § 413, 2014; Ord. 1611 § 16, 2014)

§ 18.195.030 Purpose.

The purpose of the landscaping and screening requirements of this chapter are to increase compatibility between different intensities of land uses, by providing visual barriers, visually interrupting the barren expanse of paved parking lots, screening undesirable views which have a blighting impact on surrounding properties, and providing a visual separation and physical buffer between varying intensities of abutting land uses; to implement the Comprehensive Plan; to encourage the retention of significant existing vegetation to the extent feasible; to reduce erosion and water runoff; to conserve energy; to preserve and promote urban wildlife habitats; to minimize impacts of noise, light and glare; and to aid in regulating vehicular circulation.

(Ord. 1591 § 414, 2014)

§ 18.195.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 415, 2014)

§ 18.195.050 Required – All zones.

Landscaping shall be provided in all developments subject to this chapter as set forth below. Where the width of a required planting strip exceeds the setback requirement for any structure subject to this chapter, the setback shall be increased to provide the full width of planting strip unless otherwise modified in accordance with DMMC § 18.195.420.

(Ord. 1591 § 416, 2014)

§ 18.195.060 Storage areas.

All outside storage areas and loading docks shall be screened from public view by another building in the same approved master plan or by fencing and a Type III landscaping strip with a minimum depth of five feet unless determined by design review that such screening is not necessary because stored materials are not visually obtrusive. The five-foot-deep landscaped area may occur within the street right-of-way abutting the property line upon approval of the Planning, Building and Public Works Department.

(Ord. 1591 § 417, 2014; Ord. 1655 § 16, 2016)

§ 18.195.070 Use of nonvegetative material.

Bark, mulch, gravel, or other nonvegetative material shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material. Nonvegetative material is not a substitute for plant material.

(Ord. 1591 § 418, 2014)

§ 18.195.080 Irrigation.

All landscape areas shall be irrigated by a permanent, underground sprinkler or drip watering system complete with automatic controls.

(Ord. 1591 § 419, 2014)

§ 18.195.090 Drainage.

Required landscaped areas shall be provided with adequate drainage.

(Ord. 1591 § 420, 2014)

§ 18.195.100 Slopes.

Slopes shall not exceed a 3:1 ratio (length to height) in order to decrease erosion potential and assist in ease of maintenance.

(Ord. 1591 § 421, 2014)

§ 18.195.110 Tree retention.

All existing healthy evergreen trees six inches DBH (diameter at breast height) or greater and all existing healthy deciduous trees (excluding alders, European ashes, cottonwoods and willows) eight inches in diameter or greater as measured at 54 inches above the ground shall be retained to the extent feasible within landscape areas. The Planning, Building and Public Works Department shall designate trees to be retained prior to issuance of a land clearing, grading, and filling permit.

All clearing and grading shall take place outside the drip line of those trees to be retained; provided, that the Planning, Building and Public Works Department may approve hand clearing within the drip line if it can be demonstrated that such grading can occur without damaging the tree. If the roots are damaged, the Planning, Building and Public Works Department may require restoration measures such as the application of phosphate or potash.

Any tree identified to be retained that is destroyed or damaged during construction shall be replaced by the applicant with five trees on the subject property or within a street planting strip near the subject property. Replacement trees shall be a minimum size of eight feet in height for evergreen trees, and two inches in caliper for deciduous, and shall be approved by the Planning, Building and Public Works Department. The Planning, Building and Public Works Department may approve smaller trees if it determines they are of specimen quality. These trees shall be provided in addition to any street trees required under chapter 12.15 DMMC. The exact type and location of street trees shall be determined by the Planning, Building and Public Works Department.

(Ord. 1591 § 422, 2014; Ord. 1611 § 17, 2014)

§ 18.195.120 Microclimate.

Proposed landscaping shall reflect consideration of microclimate of the site and surrounding properties, by manipulation of sun, shade, and wind for increased energy efficiency of the development and for maximum comfort of the users of the site. Use of indigenous plant materials shall be preferred.

(Ord. 1591 § 423, 2014)

§ 18.195.130 Scenic view preservation.

Repealed by Ord. 1611.

(Ord. 1591 § 424, 2014)

§ 18.195.140 Landscaping adjacent to freeways.

A Type II landscaping strip with a minimum width of 25 feet shall be provided adjacent to freeways within all zones except Single-Family Residential and R-SE Zones.

(Ord. 1591 § 425, 2014; Ord. 1695 § 5, 2017)

§ 18.195.150 Landscaping adjacent to Single-Family Residential and R-SE Zones.

Care shall be exercised in the design of buffering landscaping and in the placement of trees adjacent to Single-Family Residential or R-SE zoned properties in order to minimize maintenance problems stemming from branches overhanging property lines when such trees reach maturity. It shall be the responsibility of the property owner to remove or trim boughs which overhang onto Single-Family Residential and R-SE zoned properties when maintenance problems arise for the owner of the Single-Family Residential or R-SE zoned property.

(Ord. 1591 § 426, 2014)

§ 18.195.160 Unused portions of building sites.

All portions of a building site not devoted to a building, future building, parking, storage, or accessory uses shall be landscaped in a manner appropriate to the stated purposes of this chapter.

(Ord. 1591 § 427, 2014)

§ 18.195.170 Landscaping adjacent to required fencing.

Landscaping shall be placed outside of sight-obscuring or 100 percent sight-obscuring fences unless determined by the Planning, Building and Public Works Department that such arrangement would be detrimental to the stated purpose of this chapter.

(Ord. 1591 § 428, 2014)

§ 18.195.180 Setback from street lights, fire hydrants, and public works.

No tree, as measured from its center, shall be located within 10 feet of street light standard, or within five feet of a fire hydrant. Tree species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 10 feet to such public works unless the tree root system is completely contained within a barrier being a minimum of five feet deep and five feet wide. Tree species with water-seeking roots are prohibited within and adjacent to rights-of-way.

(Ord. 1591 § 429, 2014)

§ 18.195.190 Driveway and street intersections.

To ensure that landscape materials do not constitute a safety hazard, such materials shall not be located in conflict with the sight areas at intersections established by chapter 12.15 DMMC.

(Ord. 1591 § 430, 2014)

§ 18.195.200 Curbing.

In order to protect the landscaping materials planted and to ensure proper growth, all planter areas shall be separated from parking areas and streets by vertical curbing. Curbing shall be continuous Portland cement concrete; provided, however, that Portland cement concrete with vertical curb cuts is allowed for drainage into low impact development storm water facilities; or as approved by the Public Works Director.

(Ord. 1591 § 431, 2014; Ord. 1671 § 16, 2017)

§ 18.195.210 Maintenance.

The property owner shall be responsible for the maintenance of all landscaping required pursuant to this section, including any landscaping within a right-of-way, abutting the subject property. Such landscaping shall be maintained in good condition so as to present a neat and orderly appearance; shall be kept free from refuse and debris; living landscape material shall be kept alive and in a healthy condition; and in such a manner as to accomplish the purpose for which it was initially required.

(Ord. 1591 § 432, 2014)

§ 18.195.220 Single-Family Residential and R-SE Zones.

In all subdivisions and planned unit developments (PUDs) a minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting arterial streets.

In all planned unit developments:

A minimum 10-foot Type I landscaping strip between residential and commercial uses shall be provided;

A Type II landscaping strip an average of 10 feet but not less than seven feet in depth shall be provided between single-family residential and multifamily residential areas;

Parking facilities in planned unit developments shall be landscaped as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 433, 2014)

§ 18.195.230 Attached Townhouse and Duplex Residential, RA-3,600 Zone.

A minimum 10-foot Type III landscaping strip shall be provided along all property lines abutting public rights-of-way excluding alleys.

A minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting a Residential Zone.

Within a townhouse development, the following landscaping requirements shall apply:

A minimum 10-foot Type III landscaping strip shall be provided along all perimeter property lines abutting public rights-of-way excluding alleys.

A minimum five-foot Type II landscaping strip shall be provided along all perimeter side and rear property lines.

Parking facilities in townhouse developments shall be landscaped as prescribed in DMMC § 18.195.360, Landscaping of parking facilities.

(Ord. 1591 § 434, 2014)

§ 18.195.240 Multifamily Residential, RM-2,400 Zone.

A minimum 10-foot Type III landscaping strip shall be provided along all property lines abutting public rights-of-way excluding alleys.

A minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting Single-Family Residential or R-SE zoned properties.

A minimum five-foot Type II landscaping strip shall be provided along all property lines abutting RA or Multifamily Residential zoned properties.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 435, 2014)

§ 18.195.250 Multifamily Residential, RM-1,800, RM-900, RM-900A Zones.

A minimum five-foot Type III landscaping strip shall be provided along all property lines abutting public rights-of-way.

A minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting Single-Family Residential or R-SE zoned properties.

A minimum five-foot Type II landscaping strip shall be provided along all property lines abutting RA or Multifamily Residential zoned properties.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 436, 2014)

§ 18.195.260 Restricted service, RM-900B Zone.

The perimeter of property abutting a Residential Zone shall provide a Type I landscaping strip to a minimum depth of 10 feet.

A Type III landscaping strip not less than five feet in depth shall be provided along all property lines abutting public rights-of-way excluding alleys.

A Type II landscaping strip not less than five feet in depth shall be provided along all property lines adjacent to other RM-900B Zones and public or institutional uses.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 437, 2014)

§ 18.195.270 Neighborhood Commercial, N-C Zone.

The perimeter of properties abutting a Residential Zone or public or institutional uses shall provide a Type I landscaping strip to minimum depth of 10 feet.

A Type III landscaping strip an average of five feet but not less than three feet in depth shall be provided along all property lines abutting public rights-of-way excluding alleys.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 438, 2014)

§ 18.195.280 Business Commercial, B-C Zone.

The perimeter of properties adjacent to a Residential Zone or public or institutional use shall provide a Type I landscaping strip with a minimum depth of 10 feet.

A Type III landscaping strip, an average of five feet but not less than three feet in depth, shall be provided along all property lines abutting public rights-of-way excluding alleys. When the building setback from a public right-of-way is 10 feet or when such setback is utilized as a public open space plaza not accommodating parking, no perimeter landscaping strip shall be permitted, but street trees set forth in DMMC § 18.195.360 shall be provided within tree planters. Such tree planters shall have a minimum interior dimension of three and one-half feet and be protected by a cast iron grate.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 439, 2014)

§ 18.195.290 Community Commercial, C-C Zone.

The perimeter of properties adjacent to a Residential Zone or public or institutional use shall provide a Type I landscaping strip with a minimum depth of 10 feet.

A Type III landscaping strip, an average of five feet but not less than three feet in depth, shall be provided along all property lines abutting public rights-of-way excluding alleys. When the building setback from a public right-of-way is 10 feet or when such setback is utilized as a public open space plaza not accommodating parking, no perimeter landscaping strip shall be permitted, but street trees as set forth in DMMC § 18.195.400 shall be provided within tree planters. Such tree planters shall have a minimum interior dimension of three and one-half feet and be protected by a cast iron grate.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 440, 2014)

§ 18.195.300 Downtown Commercial, D-C Zone.

Where a lot line abuts or is across a right-of-way from a Residential Zone or a public or institutional use, a Type II landscaping strip with a minimum depth of five feet shall be provided.

For automobile-oriented uses such as automobile repair shops, carwashes, drive-through facilities, and motor vehicle fuel sales, a Type III landscape strip not less than three feet in depth, shall be provided along all property lines abutting public right-of-way excluding alleys. When the building setback from the public right-of-way does not exceed 10 feet or when such setback is utilized as a public open space plaza not accompanying parking, no perimeter landscaping is required, but street trees as set forth in DMMC § 18.195.400 shall be provided within tree planters.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

The Planning, Building and Public Works Director may waive or modify the landscaping requirements of this section where substantial landscaping exists within the adjacent right-of-way and no adverse impact would result.

(Ord. 1591 § 441, 2014)

§ 18.195.310 General Commercial, C-G Zone.

The perimeter of properties adjacent to a Residential Zone or public or institutional use shall provide a Type I landscaping strip with a minimum depth of 10 feet.

A Type III landscaping strip, an average of five feet but not less than three feet in depth, shall be provided along all property lines abutting public rights-of-way excluding alleys.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 442, 2014)

§ 18.195.320 Highway Commercial, H-C Zone.

The perimeter of properties adjacent to Residential Zone or public or institutional uses shall provide a Type I landscaping strip a minimum depth of 10 feet.

A Type III landscaping strip an average of five feet in depth but not less than three feet shall be provided along all property lines abutting public rights-of-way, excluding alleys.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 443, 2014)

§ 18.195.325 Woodmont Commercial, W-C Zone.

The perimeter of properties adjacent to a Residential Zone or public or institutional use shall provide a Type 1 landscaping strip with a minimum depth of 10 feet, maintaining existing mature buffering vegetation to the extent possible.

A Type III landscaping strip, an average of five feet in depth, but not less than three feet in depth, shall be provided along all property lines abutting public right-of-way excluding alleys. When the building setback from a public right-of-way is 10 feet, or when such setback is utilized as a public open space plaza not accompanying parking, no perimeter landscaping strip shall be permitted, but street trees as set forth in DMMC § 18.195.400 shall be provided within tree planters. Such tree planters shall have a minimum interior dimension of three and one-half feet and shall be protected by a cast iron grate. The Planning, Building and Public Works Director may waive or modify this requirement when no adverse impact would result.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1618-A § 11, 2015)

§ 18.195.330 Public or institutional uses.

Public or institutional uses, including churches, commercial or noncommercial recreation facilities (e.g., country clubs, golf courses, tennis courts, yacht clubs), community clubs, schools, charitable and fraternal organizations, hospitals, public utility facilities, sewage transfer plants, governmental facilities, museums, libraries, fire stations, retirement homes, nursing homes, and similar uses shall provide the following:

A Type I planting strip not less than 10 feet in depth shall be provided along all property lines abutting a Residential Zone unless waived by the residential property owner.

A Type III planting strip not less than 10 feet in depth shall be provided along all property lines abutting public rights-of-way excluding alleys. The Planning, Building and Public Works Director may waive or modify this requirement for properties within the Downtown Commercial (D-C) Zone when no adverse impact would result.

Landscaping of parking facilities as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 444, 2014)

§ 18.195.340 Business Park, B-P Zone.

The perimeter of any business park building site adjacent to a residential use shall provide a Type I landscaping strip with a minimum depth of 20 feet. Within the landscaping strip, native vegetation shall be retained to the maximum extent feasible to provide as much visual screening as possible.

A Type I landscaping strip, an average of at least 20 feet in depth, shall be provided along the perimeter of any business park in the North subarea abutting a street classified as a major arterial, secondary arterial, or collector by City street development standards. The landscaping strip shall contain an earthen berm with an average height at least five feet above the elevation of the abutting street. The width of the landscaping strip and/or the height of the berm may be increased or decreased through approval of a master plan or site plan as established by chapter 18.105 DMMC, if it is determined that such increase or decrease is necessary or required to effectively screen the business park. In the South subarea, a Type II landscaping strip, an average of at least 10 feet in depth, shall be provided along the perimeter of any building site abutting a street classified as a major arterial, secondary arterial, or collector by City street development standards.

Parking facilities shall be landscaped as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 445, 2014)

§ 18.195.350 Pacific Ridge, PR-R and PR-C Zones.

The perimeter of properties abutting a Single-Family Residential Zone shall provide a Type I landscaping strip with a minimum depth of 10 feet.

The perimeter of properties abutting a Multifamily Residential Zone shall provide a Type II landscaping strip with a minimum depth of five feet.

A Type III landscaping strip, an average of five feet in depth, shall be provided along all property lines abutting a public right-of-way excluding alleys. When the building setback from a public right-of-way is not more than 10 feet, or when such setback is utilized as a public open space plaza not accompanying parking, no perimeter landscaping strip shall be permitted, but street trees as set forth in DMMC § 18.195.400 shall be provided within tree planters. Such tree planters shall have a minimum interior dimension of three and one-half feet and shall be protected by a cast iron grate.

Parking facilities landscaping as set forth in DMMC § 18.195.360.

(Ord. 1591 § 446, 2014)

§ 18.195.352 Transit Community, T-C Zone.

The perimeter of properties abutting a Single-Family Residential Zone shall provide a Type I landscaping strip with a minimum depth of 10 feet and six-foot solid fence.

The perimeter of properties abutting a Multifamily Residential Zone shall provide a Type II landscaping strip with a minimum depth of five feet.

Parking facilities landscaping as set forth in DMMC § 18.195.360.

(Ord. 1601 § 15, 2014)

§ 18.195.360 Landscaping of parking facilities.

Landscaping shall be provided within all surface (open air) parking lots, as follows:

Design Criteria. Landscape areas shall be located in such a manner as to divide and break up the large expanses of pavement, divide and define driveways, parking stalls and corridors, limit cross-taxiing, delineate and separate pedestrian and vehicular traffic, and screen parking facilities from abutting properties. Planting areas and landscaping shall be reasonably dispersed throughout the parking lot with the interior dimensions of such areas being sufficient to protect the landscaping materials planted therein and to ensure proper growth. The primary landscaping materials used shall consist of canopy-type deciduous trees or spreading evergreen trees planted in wells or strips with a mixture of deciduous and evergreen shrubs and/or ground cover. Shrubbery, hedges, and other planting materials shall be used to complement the tree landscaping, but shall not be the sole contribution to the landscaping. Existing vegetation, architectural barriers or berms may be incorporated into the landscape design; provided, they contribute to achieving the intent of this subsection.

Interior Coverage Requirements. A minimum of five percent of a parking facility shall be landscaped. Landscaping which is required for screening along the perimeter of any lot and border plantings adjacent to buildings upon which a parking lot abuts shall not be considered as part of the interior coverage requirement. Parking spaces abutting a perimeter for which landscaping is required by other requirements of this code shall not be considered as a part of the interior of the parking facility.

For off-street parking facilities providing 10 or fewer parking stalls, the interior coverage requirements stated in this section shall not apply.

Any interior landscape area shall contain a minimum of 50 square feet, shall have a minimum dimension of five feet, and shall include at least one tree with the remaining area landscaped with shrubs, ground cover, or other approved landscaping materials not exceeding three feet in height.

Trees shall number not less than one for each five parking stalls, to be reasonably distributed throughout the parking lot.

A minimum of 40 percent of the trees shall be evergreen.

(Ord. 1591 § 447, 2014)

§ 18.195.370 Types of landscaping required.

DMMC § 18.195.380 through § 18.195.400 are types of landscaping as required in DMMC § 18.195.220 through § 18.195.350; all proposed plant material, sizes, and characteristics shall be in accordance with the American Association of Nurserymen Standards (ANSI 2601 – 1973).

(Ord. 1591 § 448, 2014)

§ 18.195.380 Type I – Solid screen.

Type I landscaping is intended to provide a solid sight barrier to a height of 10 feet totally separating incompatible land uses. Type I landscaping shall generally consist of a mix of predominantly evergreen plantings including living trees, shrubs, and ground covers. Evergreen trees shall be a minimum height of six feet at time of planting. Plantings shall be chosen and spaced so as to grow together within two years sufficient to provide a 100 percent sight-obscuring screen. The entire planting strip shall be landscaped; however, those plantings used to achieve the sight-obscuring screen shall cover at least five feet of the width of the strip and shall be located farthest from the property line. Existing vegetation, architectural barriers (including walls, planters, and fences), or berms may be incorporated into the landscape design as set forth in DMMC § 18.195.420, and shall be considered acceptable in lieu of new plantings; provided, they contribute to achieving the intent of this section.

(Ord. 1591 § 449, 2014)

§ 18.195.390 Type II – Visual buffer.

Type II landscaping is intended to create a visual separation that is not necessarily 100 percent sight-obscuring. Type II landscaping shall consist of a mix of evergreen and deciduous plantings, trees, shrubs, and ground covers. Plantings of shrubs and ground covers shall be chosen and spaced to result in a total covering of the landscape strip. Shrubs shall be of a type that achieve a height of approximately six feet within two years, and effectively screen views along the length of the planting strip. Deciduous trees shall have a minimum trunk diameter two inches at time of planting; evergreen trees shall be a minimum six feet tall at time of planting. Trees shall be located farthest from the property line. All trees shall be spaced at intervals resulting in touching of branches after 10 years of normal growth. Existing vegetation, architectural barriers, or grading, which may be incorporated into the landscape design as set forth in DMMC § 18.195.420, shall be considered acceptable in lieu of new plantings; provided, they contribute to achieving the intent of this section.

(Ord. 1591 § 450, 2014)

§ 18.195.400 Type III – See-through buffer.

Type III landscaping is intended to provide visual separation of uses from streets and main arterials and between compatible uses so as to soften the appearance of streets, parking lots, and building facades. Type III landscaping shall consist of evergreen and deciduous trees planted not more than 30 feet on center interspersed with large and small shrubs and ground cover. Plantings of shrubs and ground covers shall be chosen and spaced to result in a covering of the landscape strip within two years. Shrubs shall be of a type that do not exceed a height at maturity of approximately three to four feet. Deciduous trees shall have a minimum trunk diameter of two inches at time of planting. Evergreen trees shall be a minimum of six feet tall at time of planting. Existing vegetation, architectural barriers, or grading may be incorporated into the landscape design as set forth in DMMC § 18.195.420 and shall be considered acceptable in lieu of new plantings; provided, they contribute to achieving the intent of this section.

(Ord. 1591 § 451, 2014)

§ 18.195.410 Marina District.

Street trees are required within the planting strip abutting public rights-of-way in the downtown Marina District, that area lying between South 216th Street and South 230th Street, 10th Avenue South and Puget Sound, in accordance with tree species standards adopted by the City Manager or the City Manager's designee in consultation with the Planning, Building and Public Works Department and Parks Department.

(Ord. 1591 § 452, 2014)

§ 18.195.420 Modification of landscaping requirement(s).

The Planning, Building and Public Works Department may authorize reduced width of plantings or waive some or all landscaping requirements in the following instances:

Whenever a building utilized for business or office purposes is proposed to be placed within 10 feet of the street right-of-way and there are no loading docks on such street, and at least 50 percent of the wall length is utilized for window and door construction, and the setback is utilized in effect as a sidewalk; provided, approved street trees are planted within the 10-foot setback no more than 30 feet on center;

When architectural barriers or berms are incorporated into the design of the landscaping and contribute to the intent of the type of landscaping required and the minimum width of planting is not reduced by more than 50 percent;

When application of requirements of this section for commercial properties would result in more than 15 percent of the site area being landscaped, in which instance the Planning, Building and Public Works Department may modify those requirements such that not more than 15 percent of the site must be landscaped; provided, however, that the landscaping and corresponding setbacks required are those most beneficial to the public;

When the inclusion of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this chapter;

When, in the case of required perimeter landscaping adjacent to street rights-of-way, the ultimate street improvements for that right-of-way have been installed or will be installed as a requirement of approval of the development, and the Planning, Building and Public Works Department determines that the proposed landscaping of that portion of the right-of-way between the property line and sidewalk is acceptable, the Planning, Building and Public Works Department may allow such landscaping in lieu of required landscaping within the development; provided, the type and area of planting is comparable to that normally required and adequate provisions are made for permanent maintenance;

When conditions on or adjacent to the site, including differences in elevation, existing vegetation, location of existing structures or utilities, continuity of design concepts within a zone, or emergency vehicle access, would render application of requirements of this chapter ineffective or result in scenic view obstruction;

When supported by a crime prevention assessment of their property using principles from the Crime Prevention Through Environmental Design (CPTED) program to reduce opportunities for criminal activity to occur.

An application for adjustment of landscaping requirements shall be filed on forms prescribed by the City, executed and sworn to by the owner or tenant of the property concerned or by duly authorized agents. Such application shall clearly and in detail state what adjustments of requirements are being requested and the reasons such adjustments are warranted, and shall be accompanied with such supplementary data, such as sketches, surveys, and statistical information, as deemed necessary to substantiate the adjustment.

The applicant shall give all owners of property located within 100 feet of any boundary of the subject property written notice of the proposed alternative landscaping within 20 days of filing an application. The Planning, Building and Public Works Department shall allow 15 days for comment before making a decision.

The decision of the Planning, Building and Public Works Department regarding alternative landscaping shall be made within 45 days of filing of an application, shall be transmitted in writing to the applicant and all interested parties and shall identify reasons for denial or requirements for modifications, if any.

The decision of the Planning, Building and Public Works Department shall be final unless an aggrieved person appeals that decision to the Hearing Examiner by filing a written notice of appeal within 10 days of such decision in accordance with the Hearing Examiner Code.

(Ord. 1591 § 453, 2014; Ord. 1655 § 17, 2016)

§ 18.195.425 Landscaping for essential public transportation facilities.

A request to modify landscaping and/or irrigation requirements for essential public transportation facilities shall be detailed in landscape design plans submitted by the essential public transportation facility designer or design-builder. The landscape design shall clearly and in detail state what adjustments of requirements are being requested and the reasons such adjustments are warranted, and shall be accompanied with such supplementary data, such as sketches, surveys, statistical information and if appropriate how the landscape design conforms to design requirements and/or development agreements affecting the project, as deemed necessary to substantiate the adjustment.

A required landscape buffer may be reduced by more than 50 percent for construction of essential public transportation facilities in conjunction with governmental acquisition of property for right-of-way expansion with approved landscape design plans incorporating existing or proposed vegetation, or alternative mitigation measures such as buffer or open space averaging, off-site mitigation and fees paid in lieu pursuant to chapter 16.25 DMMC or other alternative mitigation approaches which result in an "equal or better" buffer result for the project or benefit to the City.

The requested modifications shall be processed as part of the applicable City permit or approval process in accordance with conditions associated with the approved modifications to required landscaping, landscape buffers and irrigation and as set forth in a City Council-approved development agreement pursuant to chapter 36.70B RCW.

(Ord. 1695 § 6, 2017)

§ 18.195.430 Landscape performance requirements.

All landscaping required pursuant to this chapter shall be installed prior to issuance of a certificate of occupancy, unless the Planning, Building and Public Works Department approves a request for an extension due to adverse weather conditions. Extensions shall not exceed six months unless adverse weather conditions persist for an unusual length of time.

If extension of installing landscape improvements is granted, the owner shall post a performance bond, letter of credit, or other security device acceptable to the City in an amount equal to 120 percent of the estimated value of the landscape materials, including labor, shown on an approved landscaping plan. The owner shall also provide a complete bid proposal from a qualified installer stating that such landscaping can be installed (labor and material) for the bond amount. The bid must remain acceptable by installer for a period of two months longer than the requested extension time. If required landscaping has not been installed within the period allowed by this chapter, including any extension granted by the City, the City may enter upon the property and use the performance bond or other security device to perform work necessary to implement the landscape plan.

It shall be the responsibility of the project manager or business owner to contact the Planning, Building and Public Works Department upon completion of the landscaping work and request inspection.

The Planning, Building and Public Works Department may inspect the landscaping upon request of the project manager or business owner or at any time after the expiration of the extension date.

(Ord. 1591 § 454, 2014)

§ 18.195.440 Enforcement.

This chapter shall be enforced in the manner specified in DMMC § 18.01.080 through § 18.01.110.

(Ord. 1591 § 455, 2014)

§ 18.195.450 Solid waste container screening required in Multifamily Residential and Commercial Zones.

All solid waste containers located in Multifamily Residential or Commercial Zones shall be screened from abutting properties and public rights-of-way by a 100 percent sight-obscuring fence, wall, or other enclosure. Such solid waste container enclosure may be permanent or portable.

The Planning, Building and Public Works Director may waive the requirements of this section upon written findings that undue hardship and results inconsistent with the intent of this chapter would result. The method by which such screen is achieved is left to the discretion of the property owner, although the City encourages compatibility with building and site characteristics, such as repetition of main building materials, color and texture, except the Planning, Building and Public Works Director may require specific design features as are necessary to meet the intent of this chapter.

(Ord. 1591 § 456, 2014)

§ 18.195.460 Area for solid waste containers required.

Area for solid waste containers shall be provided in all commercial and multifamily developments. Planned unit developments designed for individual dwelling solid waste service are excluded from this requirement. Area for containers for both garbage and recyclable materials shall be provided. The Planning, Building and Public Works Director may develop administrative guidelines regarding the size and location of areas for solid waste containers.

(Ord. 1591 § 457, 2014)

§ 18.195.470 Location of private solid waste containers.

No solid waste container in Multifamily or Commercial Zones shall be located upon a public right-of-way or within a designated driveway or private access street.

Parking spaces shall not be used for solid waste containers, except the Planning, Building and Public Works Director is authorized to permit the dedication of one parking space on developed sites for a solid waste enclosure pursuant to the screening standards stated in DMMC § 18.195.460 when the property owner can demonstrate that no other practical location for the enclosure exists.

(Ord. 1591 § 458, 2014)

§ 18.195.480 Location and screening of public solid waste containers.

Solid waste containers placed for the purpose of supporting waste reduction and/or the health and sanitation needs of the general public shall be located, screened, and/or designed in such a manner as to employ a maximum of screening commensurate with utility and convenience of use by the public populations that the containers serve. When sight-obscuring screening methods are impractical, the containers shall be so screened and/or designed to minimize unsightliness, to blend with the surroundings, and with special consideration given to public liability and prevention of vandalism or theft.

(Ord. 1591 § 459, 2014)

§ 18.195.490 Exemptions.

Solid waste container screening shall not be required for the following:

Single-family residences when solid waste containers 90 gallons or less are used;

Mobile home parks when individual solid waste containers 90 gallons or less are used and such containers are located adjacent to the dwelling unit they serve;

Temporary construction solid waste containers during the period of land clearing, grading, and construction;

Temporary solid waste containers used for a period not exceeding 30 days;

Containers that are owned by the City or a nonprofit corporation whose objectives are the beautification of the City or improvement of the business climate of the City, which receptacles have been placed as street furniture or otherwise with the permission of the City and with the approval of the Planning, Building and Public Works Director as to design and location; and

Containers, including street furniture, in Commercial and Multifamily Zones that have been approved by the Planning, Building and Public Works Director as to design and location.

(Ord. 1591 § 460, 2014)

§ 18.200.010 Title.

This chapter shall be entitled "Signs."

(Ord. 1591 § 461, 2014)

§ 18.200.020 Application.

This provisions of this chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 462, 2014)

§ 18.200.030 Purpose.

It is the purpose of this chapter to safeguard the life, health, property, and welfare of the citizens of the City by regulating and controlling the design, construction, location, use, illumination, and maintenance of signs and sign structures visible from any portion of public property or rights-of-way. The intent of the standards set forth in this chapter is:

To protect the right of business to identify its premises and advertise its products through the use of signs without undue hindrance or obstruction.

To encourage the design of signs that attract and invite rather than demand the public's attention and to curb the proliferation of signs.

To encourage the use of signs that enhance the visual environment of the City.

To assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement.

"Changing message center"

To promote the enhancement of business and residential properties and neighborhoods by fostering the erection of signs complementary to the buildings and uses to which they relate and which are harmonious with their surroundings.

(Ord. 1591 § 463, 2014)

§ 18.200.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 464, 2014)

§ 18.200.050 Definitions.

"Abandoned sign"

means a sign that no longer correctly identifies, exhorts, or advertises any person, business, lessor, owner, product, or activity conducted or available on the premises where the sign is located.

"Advertising copy"

means any letters, figures, symbols, logos, or trademarks which identify or promote the sign user or any product or service; or which provides information about the sign user, the building or the products or services available.

"Awning"

means a cloth structure attached to, supported by, and projecting from a building and providing protection of the weather elements. Also called a "canopy."

"Awning sign"

means any sign which forms part of or is integrated into an awning and which does not extend beyond the limits of the awning.

"Building"

means a roofed and walled structure built for permanent use.

means an electronically controlled message center with different copy changes of a public service or commercial nature.

"Comprehensive design plan"

means building, design, landscaping, and signs integrated into one architectural plan, the Comprehensive Plan being complete in all other building, structural, and electrical requirements.

"Double-faced sign"

means a sign that has a sign on opposite sides of a single display surface or sign structure.

"Electrical sign"

means a sign or sign structure in which electrical wiring, connections and/or fixtures are used as part of the sign proper.

"Facade"

means the entire building front or street wall face of a building extending from the grade of the building to the top of the parapet or eaves and the entire width of the building elevation or elevations.

"Flashing sign"

means a sign with any portion thereof which changes light intensity or switches on and off in a constant pattern or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination.

"Freestanding sign"

means a sign attached to the ground and supported by uprights placed on or in the ground.

"Frontage"

means the measurement of the length of the property line along a street.

"Grade"

means the elevation as measured at the relative ground level in the immediate vicinity of the sign.

"Ground sign"

means a freestanding sign that is less than five feet in height.

"Incidental sign"

means a small nonelectric information sign two square feet or less in area which pertains to goods, products, services, or facilities which are available on the premises where the sign occurs and is intended primarily for the convenience of the public while on those premises.

"Information sign"

means a sign which gives directional information or identifies specific use areas and which is necessary to maintain the orderly internal use of the premises, such as those signs which identify employee parking, shipping, clearance, or which restrict ingress and egress. Excluded from this definition are signs which are not directly related to an identified need for orderly internal use of the property and off-premises or portable signs.

"Inspector"

includes any City employee working under the authority and direction of the City Manager or the City Manager's designee.

"Landscaping"

means any material used as a decorative feature, such as textured concrete bases, planter boxes, rockeries, driftwood, pole covers, decorative framing, and shrubbery or planting materials, used in conjunction with a sign, which expresses the theme of the sign but does not contain advertising copy.

"Mansard roof"

means a sloped roof or roof-like facade architecturally able to be treated as a building wall.

"Marquee"

means a permanent structure attached to, supported by, and projecting from a building and providing protection from the weather elements, but does not include a projecting roof. For the purposes of this chapter, a freestanding permanent roof-like structure providing protection from the elements, such as a service station gas pump island, will also be considered a marquee.

"Marquee sign"

means any sign which forms part of or is integrated into a marquee and which does not extend beyond the limits of the marquee.

"Monument sign"

means a sign above grade which is mounted or attached to a wide base or grade. These signs are composed of a sign face and a sign base. The base and architectural detail must be consistent with the character of the primary structure.

"Multiple-building complex"

means a group of structures housing at least one retail business, office, commercial venture, or independent or separate part of a business located on different properties but with shared accesses and parking facilities.

"Multiple business property"

means a single property housing more than one retail business, office, or commercial venture in a single structure; but not including residential apartment buildings or shopping centers.

"Off-premises directional sign"

means a sign erected for the purpose of directing pedestrian or vehicular traffic to a facility, service, or business located on other premises.

"On-premises sign"

means a sign which carries only advertisements strictly applicable to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, principal services rendered, and goods sold or produced on the premises, name of the business, name of the person, firm, or corporation occupying the premises.

"Perimeter"

means the boundary lines used to define the extent of an area.

"Person"

means any person, firm, partnership, association, corporation, company, institution, or organization.

"Pole sign"

means any freestanding sign more than five feet in height that does not meet the definition of monument sign. These signs are composed of the sign cabinet or base and the sign pole or pylon by which it connects to the ground.

"Portable sign"

means a sign which is not permanently affixed and is designed for or capable of being moved, except those signs explicitly designed for people to carry on their person.

"Premises"

means the real estate (as a unit) which is involved by the sign or signs mentioned in this chapter.

"Projecting sign"

means a sign which is attached to and projects more than one foot from a structure or building face.

"Public commercial parking area"

means an open area other than a street, alley, or private parking area serving the occupants, patrons, or employees of a dwelling, hotel, business, or apartment to which the private parking area is appurtenant, which area is used for the parking of more than four automobiles.

"Reader board"

means a sign face designed with readily changeable letters allowing frequent changes of copy either manually or electronically.

"Real estate sign"

means a portable or freestanding sign erected by the owner or his agent advertising the real estate upon which the sign is located for rent, lease, or sale or directing to the property.

"Revolving sign"

means a sign which rotates or turns in motion in a circular pattern.

"Roof line"

means the top edge of a roof or parapet; the top line of a building silhouette.

"Roof sign"

means a sign supported by and erected on or above the roof line of a building or structure.

"Shopping center"

means a grouping of retail business and/or service uses on a single development site consisting of five acres or more housed in multiple structures or a single building with common parking facilities.

"Sign"

means any visual communication device, structure, or fixture which is visible from off premises and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization, business, or building. Painted wall designs or patterns which do not represent a product, service, or trademark or which do not identify the user are not considered signs.

"Sign area"

means the entire area within a circle or polygon enclosing the extreme limits of the advertising message together with any frame or decoration forming an integral part of the display or used to differentiate the sign from the background against which it is placed. If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single square or rectangular figure is the area of the sign. Multi-sided signs, signs composed of two or more sides of equal area attached to each other but occupying different planes, shall have their areas computed by excluding the area of one side from the sum of the areas of all other sides. The total surface area of spherical or cylindrical signs is the sign area.

"Sign height"

means the vertical distance from grade to the highest point of a sign or any vertical projection thereof, including its supporting columns.

"Sign structure"

means any structure which supports or is designed to support any sign as defined in this chapter. A sign structure may be a single pole and may or may not be an integral part of the building.

"Single business property"

means a single structure housing one business located on a single property without shared access and/or parking facilities.

"Street"

means a right-of-way, dedicated to the public use, which provides vehicular access to adjacent properties.

"Street frontage"

means the linear frontage of a single parcel of property or common development site abutting a public street.

"Temporary construction sign"

means a sign jointly erected and maintained on premises undergoing construction by an architect, contractor, subcontractor, and/or materialman, upon which property the individual is furnishing labor or material.

"Temporary sign"

means any sign or advertising display constructed of cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intended to be displayed for a limited time only. Signs painted upon window surfaces which are readily removed by washing shall be considered temporary signs.

"Under marquee sign"

means a sign attached to and suspended from the underside of a marquee or canopy.

"Wall sign"

means a sign attached or erected parallel to and extending not more than one foot from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of the wall or facade. Signs incorporated into mansard roofs, marquees, or canopies shall be treated as wall signs.

(Ord. 1591 § 465, 2014)

§ 18.200.060 Required.

No sign shall be erected, re-erected, constructed, painted, posted, applied, altered, structurally revised, or repaired except as provided in this chapter. A separate permit shall be required for a sign or signs for each business entity and/or a separate permit for each group of signs or a single supporting structure installed simultaneously. Thereafter, each additional sign erected on the structure must have a separate permit.

(Ord. 1591 § 466, 2014)

§ 18.200.070 Exemptions.

The following shall not require a sign permit; however, these exemptions shall not be construed as relieving the owner of a sign from planning review for compliance with zoning and design guidelines, the responsibility of its erection and maintenance in accordance with the Building Code (Title 14 DMMC) and its compliance with the provisions of this chapter or any other law or ordinance regulating the same:

The changing of the advertising copy or message on a lawfully erected, painted, or printed sign, theater marquee, or similar signs specifically designed for the use of replaceable copy.

Painting, repainting or cleaning of a lawfully erected sign structure or the changing of the advertising copy or message thereon and other normal maintenance unless a structural or electrical change is made.

Temporary decorations customary for special holidays, such as Christmas and Independence Day, erected entirely on private property.

Real estate signs subject to the following requirements:

Signs shall not exceed eight square feet in Residential Zones and 24 square feet in Commercial Zones.

Signs shall be limited to one sign per street frontage on the premises for sale, lease, or rent, and five portable directional signs to such property.

Portable off-premises directional real estate signs providing directions to an open house at a specified residence or commercial building that is offered for sale or rent are permitted only when:

Signs are not placed on trees, foliage, utility poles, or placed on or interfere with official traffic control devices and their support structures installed by the City Traffic Engineer or the state.

Each sign does not exceed four square feet in area and 36 inches in height.

The agent or seller is physically present at the property for sale or rent.

The total number of directional signs is limited to five.

Each sign if located in the public right-of-way is subject to the requirements and regulations of subsections (12)(e) through (k) of this section.

The signs may only be in place on the day of the open house.

On-premises information signs guiding or directing traffic onto or off of a lot or within a lot, incidental signs, and internal information signs not over eight square feet in area and do not exceed six feet in height. The information or copy displayed by or on any internal informational sign shall be limited to only those letters and/or symbols necessary to convey the required message in as brief a manner as reasonably possible and shall not advertise in any manner the facility occupying the premises nor goods or services available nor hours of operation.

Political signs subject to the following requirements:

Political signs promoting or publicizing candidates for public office or issues that are to be voted upon in a general or special election may be displayed on private property. Such signs shall be removed within 10 days following the election; provided, that signs promoting successful candidates in a primary election may remain displayed until 10 days following the immediately subsequent general election.

It is prohibited for any person to paste, paint, affix, or fasten a political sign on any tree, foliage, utility pole, on any public building or structure, or on or to interfere with any official traffic control device and their support structures installed by the City Traffic Engineer or the state.

Political signs posted within public right-of-way are subject to the requirements and regulations of subsections (12)(e) through (k) of this section. Additionally, political signs in the right-of-way are limited to a maximum surface area of four square feet and a maximum height of five feet.

It shall be the responsibility of the candidate to have the signs removed.

One nonelectrical and nonilluminated business identification wall sign not over 36 square feet in area if allowed in that zone.

One on-premises nonilluminated bulletin board not over 24 square feet in area for a charitable or religious organization.

For each street frontage of the premises, one nonilluminated temporary construction sign denoting the architect, engineer, and/or contractor when placed on work under construction, and not exceeding 32 square feet in area.

Memorial signs or tablets, including names of buildings, and date of erection when cut into a masonry surface or when constructed of bronze or other noncombustible materials.

Nonelectrical identification signs which contain no more than the name and address of the dweller or tenant of a residence shall be allowed. Only one such sign not over two square feet in area shall be allowed for each street frontage of a residential dwelling within the City.

Portable signs located in the public right-of-way subject to the following requirements:

Signs shall not be affixed to the ground, including through the use of stakes or other means that may damage property.

No more than two signs are allowed per business and no person may have more than two signs at any one time.

Sign area shall neither exceed six square feet per sign face nor 36 inches in height.

Signs are allowed only during the hours of operation of the business or for the duration of special events and must be taken indoors each day.

Signs may not be placed on or attached to other objects, including but not limited to buildings, structures, trees, plants, utility poles, utility boxes, utility equipment, other signs, or on or to interfere with any official traffic control device and their support structures installed by the City Traffic Engineer or the state.

Signs shall not be placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian sight line views, or travel.

Signs shall not be placed in street medians or traffic islands.

Signs shall not be placed in a manner that will damage City landscaping, irrigation or other City infrastructure or obstruct a drainage system. Any damage as the result of the placement of the portable sign will be the responsibility of the owner of the sign.

Signs shall have a professional appearance and be maintained in good condition so as to preserve the aesthetic value of the total environment.

Signs shall have a name and contact phone number or other contact information on them.

Signs placed in violation of this subsection (12) are subject to immediate removal and may be subject to destruction by the City, without prior notice. If the owner of the sign is present at the time of removal, the owner is given an opportunity to remove the sign immediately.

Signs used exclusively for:

Display of official notices used by any court, public body, or official, or for the posting of notices by any public officer in the performance of a public duty, or by any person in giving legal notice; provided, however, that such notices are subject to the requirements and regulations of subsections (12)(e) through (k) of this section.

Official directional, warning, or information signs of a public or nonprofit entity erected by or with the approval of the City; provided, however, the design and placement of such signs shall be subject to the approval of the City Manager or the City Manager's designee and, if located in the public right-of-way, shall require a right-of-way use permit and shall be subject to the requirements and regulations of subsections (12)(e) through (k) of this section. All such signs shall be installed by or under the direction of the City Manager or the City Manager's designee and may be removed by the City if they become damaged, unsightly, or otherwise fall into a state of disrepair. Upon such removal, replacement signs may be installed. The City Manager or the City Manager's designee is authorized to establish a fee schedule for labor, equipment, and materials expended from public funds for installation of signs and/or posts.

Official traffic control devices and their support structures installed by the City Traffic Engineer or state.

Signs not intended to be viewed from and not readable from off premises.

Window merchandise displays.

Point-of-purchase advertising displays, such as product dispensers.

National flags, flags of political subdivisions and symbolic flags of an institution.

Barber poles.

Historic site markers and plaques.

(21)

Gravestones.

(22)

Structures intended for separate use, such as phone booths.

(23)

Identification signs upon recycling collection containers or other collection containers for public, charitable or nonprofit organizations.

(24)

Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable motor vehicle operating in the normal course of business.

(25)

Sculptures, fountains, mosaics, or other public art features that do not incorporate advertising or identification of a business or product.

(26)

Temporary construction signs subject to the following standards:

Sign shall not exceed 32 square feet.

No more than one sign is allowed per street frontage.

Sign shall be removed upon completion of the project, except as provided in DMMC § 18.200.140.

(Ord. 1591 § 467, 2014; Ord. 1655 § 18, 2016)

§ 18.200.080 Sign permit applications.

Applications for sign permits shall be made to the City Manager or the City Manager's designee upon forms provided by the City.

Applications for sign permits shall be accompanied by:

Two site (plat) plans showing the location of the affected lot, building or buildings, and sign or signs, showing both existing signs and awnings and the proposed sign;

Two copies of a scale drawing of the proposed sign or sign revision, including size, height, copy, structural and footing details, material specifications, methods of attachment, illumination, landscaping, front and end views of awning, sample of canvas, calculations for dead load and wind pressure, photograph of site and building marked to show where sign or awning is proposed, and any other information required to ensure compliance with appropriate laws;

Written consent of the owner of the building, structure, or property where the sign is to be erected;

A permit fee as set by written administrative directive.

Exceptions.

The City Manager or the City Manager's designee may waive submission of plans and specifications when the structural aspect is of minor importance.

If the sign to be installed is to replace a nonconforming sign, the permit and plan check fees may be waived at the discretion of the City Manager or the City Manager's designee.

(Ord. 1591 § 468, 2014)

§ 18.200.090 Inspections.

All signs controlled by this chapter are subject to periodic inspection by the inspector. The inspector shall keep records reflecting inspection dates and results thereof.

Footing inspections shall be made by the inspector for all signs having footings.

Every new sign shall bear the permit number and date of issue prominently and permanently affixed.

Every temporary sign requiring a permit shall bear a legible notation of its expiration date.

If the inspector is required to reinspect a new installation due to no fault of the inspector, a reinspection fee shall be charged in accordance with administration directive.

(Ord. 1591 § 469, 2014)

§ 18.200.100 Variances.

No variances are permitted from the requirement of this chapter; provided, however, that nothing prevents any interested party from appealing administrative decisions in accordance with the Hearing Examiner code.

(Ord. 1591 § 470, 2014)

§ 18.200.110 Special use permits.

The City Manager or the City Manager's designee is authorized to grant a special use permit for the following purposes:

Temporary signs, banners and/or posters not exceeding 40 square feet, strings of pennants, ribbons, flags, streamers, balloons, spinners, or other devices of a carnival nature may be permitted for temporary or special events, such as a grand opening, but such use shall not exceed 45 days within a three-month period. No more than three types of temporary signs may be displayed at any one time.

Temporary signs exceeding 40 square feet but not exceeding 200 square feet may be permitted for temporary or special events, such as a grand opening, but such use shall not exceed 45 days. Only five such permits shall be issued to any business during a calendar year. The total aggregate of temporary signs shall be no more than 400 square feet.

Inflatable displays exceeding 40 square feet and searchlights may be permitted for temporary or special events, such as a grand opening, but such use shall not exceed 10 days. Only three such permits shall be issued to any business during a calendar year.

Off-premises directional signs advertising group sales of single-family residences or condominiums; provided, the following conditions shall apply:

Each sign permitted under this section may contain two sign faces, each of which is no larger than 16 square feet, and no more than two signs per group sale shall be permitted;

The maximum height of any such sign shall be eight feet from grade;

The maximum duration of any such sign shall be 90 days or whenever the property advertised in the sign is sold, whichever occurs first; provided, the special permit may be renewed and reissued for additional 90-day periods if the property advertised in the sign has not been sold;

An applicant who is granted a permit under this section shall relinquish the general privilege to place three off-premises directional signs per property under the provisions of DMMC § 18.200.070 but shall be permitted to place an additional three off-premises directional signs for the entire group sale; provided, such signs comply with the requirements in DMMC § 18.200.070.

(Ord. 1591 § 471, 2014)

§ 18.200.120 Purpose.

The requirements and restrictions of this chapter may be modified by the City Manager or the City Manager's designee when an applicant is using a comprehensive design plan to integrate signs into the framework of the building or buildings, landscaping, and other design features of the property, utilizing an overall design theme. Comprehensive design may be used on an existing building where the facade is being altered, new construction or in freestanding signs.

(Ord. 1591 § 472, 2014)

§ 18.200.130 Application – Supplementary material.

Applications for comprehensive design plan permits shall be submitted on forms provided by the City Manager or the City Manager's designee and shall be accompanied by the following:

A narrative describing the proposed plan, including, but not limited to, the following information:

How the physical components of the sign structure relate to the copy area, detailing legibility and readability factors based on traffic speed, sign placement, and letter size;

How the sign(s) relate to the immediate surroundings, including buildings, other signs, landscaping, and other decorative features;

How the sign or signs relate to the desired land use characteristics promoted by the Comprehensive Plan and this chapter;

How the elements and design of the sign(s) promote and enhance the overall design theme established by the adopted design guidelines for the Marina District or the Pacific Ridge neighborhood;

Evaluation of potential adverse effects on adjacent property.

A site plan and colored renderings of the sign(s) and building faces on which the signs will be mounted. Graphic submittals shall illustrate how the total sign proposal will appear from the street(s) from which the signage is intended to be seen.

Regular sign permit application.

(Ord. 1591 § 473, 2014)

§ 18.200.140 Criteria for granting.

The City Manager or the City Manager's designee shall employ the following criteria when evaluating the proposed comprehensive signage plan;

Whether the proposal manifests an exceptional effort toward creating visual harmony between the sign, buildings, and other components of the subject property through the use of a consistent design theme;

Whether the sign or signs promote the planned land use in the area of the subject property and enhance the aesthetics of the surrounding area;

Whether the sign placement and size obstructs or interferes with any other signs or property in the area or obstructs natural or scenic views;

Whether the proposed sign or signs is/are better coordinated, more harmonious with surrounding development including other signage and the architectural concepts employed in the building's site than could be installed under existing criteria in this chapter.

(Ord. 1591 § 474, 2014)

§ 18.200.150 Structural requirements.

The structure and installation of all signs within the City shall be governed by the applicable provisions of Title 14 DMMC.

(Ord. 1591 § 475, 2014)

§ 18.200.160 Prohibited signs.

The following signs are prohibited:

Abandoned signs;

Signs or sign structures, which by coloring, shape, wording, or location resemble or conflict with official traffic control signs or devices;

Signs that create a safety hazard for pedestrian, wheelchair, bicycle, or vehicular traffic;

All flashing signs;

Signs attached to or placed on a vehicle or trailer parked on public or private property or public right-of-way; provided, however, that this provision shall not be construed as prohibiting the identification of a firm or its products on a vehicle operating during the normal course of business or political signs exempted under DMMC § 18.200.070(6). Public transit vehicles and taxis are exempt from this provision;

Off-premises signs, except as provided in DMMC § 18.200.260; or any one sign for a Des Moines business that is 12 square feet or under;

Any sign affixed to or painted on trees, rocks, or other natural features, or utility poles and the like including advertising signs affixed to or painted on fences; except as provided by DMMC § 18.200.110;

Roof signs, except in Pacific Ridge; provided, that signs do not exceed the allowable building height or freestanding signs standards in DMMC § 18.200.300(1);

All portable reader board signs;

Strings of pennants, banners, posters, ribbons, streamers, balloons, spinners, searchlights, or other devices of a carnival nature, except as provided in DMMC § 18.200.110;

Home occupation signs;

Any sign that is not specifically permitted by this chapter.

(Ord. 1591 § 476, 2014; Ord. 1603 § 1, 2014)

§ 18.200.170 Maintenance.

All signs, together with all of their supports, braces, guys, and anchors, shall be maintained in good repair and in a safe, neat, clean, and attractive condition.

(Ord. 1591 § 477, 2014)

§ 18.200.180 Abandoned signs.

Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located within 90 days after the business or service advertised by the sign is no longer conducted on the premises.

(Ord. 1591 § 478, 2014)

§ 18.200.190 Illumination.

The light directed on, or internal to, any sign shall be so shaded, shielded and/or directed so that the light intensity or brightness shall not adversely affect surrounding or facing premises or adversely affect safe vision of operators of vehicles moving on private or public roads, highways, or parking areas, or adversely affect safe vision of pedestrians on a public right-of-way. Light shall not shine upon nor reflect into residential structures. Beacon lights or searchlights shall not be permitted for advertising purposes except within the Commercial Zones and in conjunction with temporary or special events not exceeding 10 days as permitted by special use permit. Luminosity shall not exceed 100 foot lamberts measured at the sign face.

(Ord. 1591 § 479, 2014)

§ 18.200.200 Landscaping.

At the time of installation, all freestanding signs shall include landscaping and curbing around the base of the sign to prevent automobiles from hitting the sign structure and to improve the overall visual appearance of the structure. Landscaping shall be in proportion to the size and height of the signs, with a minimum of one-half square foot of landscaping for each square foot of sign area and shall be maintained throughout the life of the sign. No dead shrubs, broken parts, cracked, or extremely chipped material shall be allowed to remain without repair.

(Ord. 1591 § 480, 2014)

§ 18.200.210 Clearance and sight distance.

Marquees or projecting signs which project over areas where motor trucks may be required to pass beneath them shall maintain a minimum vertical clearance of 15 feet. No marquee or projecting sign may project closer than two feet from the curbline of the street. Signs must maintain a minimum of eight feet of vertical clearance over pedestrian ways.

(Ord. 1591 § 481, 2014)

§ 18.200.220 Exposed angle irons and guy wires prohibited.

No angle irons, guy wires, or braces used in conjunction with a projecting sign shall be visible, except those which are an integral part of the overall design.

(Ord. 1591 § 482, 2014)

§ 18.200.230 Electronic reader board and changeable message center signs.

Except as provided in subsection (11) of this section, all electronic reader board signs and changeable message center signs shall comply with the following:

Advertising messages on electronic reader boards and message centers may contain words, phrases, sentences, symbols, trademarks, and logos. A single message or a message segment must have a static display time of at least two seconds after moving onto the reader board or message center, with all segments of the total message to be displayed within 10 seconds. A one-segment message may remain static on the reader board or message center with no duration limit.

Displays may travel horizontally or scroll vertically onto electronic reader boards or message centers, but must hold in a static position for two seconds after completing the travel or scroll.

Displays shall not appear to flash, undulate, or pulse, or portray explosions, fireworks, flashes of light, or blinking or chasing lights. Displays shall not appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist, or animate as it moves onto, is displayed on, or leaves the reader board or message center.

Electronic signs requiring more than four seconds to change from one single message display to another shall be turned off during the change interval.

Maximum brightness shall not exceed 5,000 nits during daylight hours when measured from the face of the sign and 500 nits from sunset to sunrise when measured from the face of the sign.

Signs shall have programmable dimming capacity.

Audio speakers associated with signs allowed under this section are prohibited.

Signs allowed under this section shall not exceed or be in addition to the total allowable freestanding sign area allowed in the various zones established in Article V of this chapter.

Signs allowed under this section shall not be used as wall signs and shall not be used as individual tenant signs.

Electronic reader board and changeable message center signs shall not be placed on, above, or over the right-of-way.

This section shall not apply to official traffic control devices installed by the City Traffic Engineer or the state.

(Ord. 1591 § 483, 2014)

§ 18.200.240 Bonus provisions.

In each of the zones, total sign area may be increased by 25 percent if the business uses only wall signs. Allowable sign area for freestanding signs may be increased by 25 percent if ground signs or monument signs are used instead of pole signs.

(Ord. 1591 § 484, 2014)

§ 18.200.250 Signs prohibited on, above, or over right-of-way.

Except as provided in subsections (2) and (3) of this section and DMMC § 18.200.070, § 18.200.300, and 18.200.310, no person shall place a sign of any size or description:

On, above, or over the right-of-way of a City street;

On, above, or over the right-of-way of a state highway;

On a bridge or overpass; or

On a public or utility improvement.

For a period of 30 days or less, signs advertising community events sponsored by public service organizations may be placed on, above, or over the right-of-way of a City street or a state highway with the written permission of the City Manager or the City Manager's designee, and an approved right-of-way permit.

Banners installed over a state highway shall be subject to the requirements established by WAC 468-95-148 and chapter 47.42 RCW. The City Manager or the City Manager's designee is authorized to establish a fee schedule for labor, equipment, and materials expended from public funds for installation of banners.

This section shall not apply to official traffic control devices installed by the City Traffic Engineer, or the state.

(Ord. 1591 § 485, 2014)

§ 18.200.260 Placement.

All signs, except real estate directional signs, political signs, City-operated signs communicating information on City services, community events, and emergency management, and portable signs expressly allowed under DMMC § 18.200.070, and off-premises signs approved under DMMC § 18.200.110, must be located on the premises or events or activities of the business that they identify or advertise. All other advertising signs located on premises other than the premises of the business or events or activities they advertise are prohibited, notwithstanding single ownership of more than one premises, except where the premises are contiguous. For the purposes of this section "contiguous" means that such buildings or properties are joined and/or interior access is provided from one to the other. Except those signs approved pursuant to DMMC § 18.200.110 and § 18.200.160.

(Ord. 1591 § 486, 2014)

§ 18.200.270 Applicability.

In addition to the provisions in Article IV, the regulations in this article shall apply within the various zones.

(Ord. 1591 § 487, 2014)

§ 18.200.280 Residential.

The following signs are permitted in all Residential Zones:

One nonelectrical identification sign per street frontage not exceeding two square feet which contains no more than the name and address of the dweller or tenant of the residence;

One nonelectric identification sign per entrance to a subdivision; providing, that the sign does not exceed 24 square feet in area;

Except in the PR-R Zone where a wall sign for a nonresidential use within a mixed-use development may be illuminated, one nonelectric identification sign, not exceeding 24 square feet, per street frontage for nonresidential uses allowed in the Residential Zones;

Community centers, schools, and churches are permitted one unlit wall sign no larger than 40 square feet in area and one freestanding sign not exceeding 80 square feet in area and 10 feet in height including a readerboard not exceeding 32 square feet in area;

Signs are allowed as provided in this chapter;

Temporary signs not exceeding 16 square feet per street frontage for nonresidential uses in a Residential Zone;

In areas zoned for multiple-family residences, other than duplexes, one nonelectric identification sign not exceeding 24 square feet per street frontage and appropriate to the architectural design and landscape;

In the PR-R Zone, on-site real estate signs for the individual dwellings shall be displayed together within or on a sign cabinet or display board. One display cabinet or board shall be allowed per street frontage;

No pole signs shall be permitted and monument signs may not exceed 10 feet in height except by special use permit. No off-premises signs shall be permitted except as authorized by this chapter;

Internally illuminated signs shall be constructed using individual letters/characters, or sign cabinets with an opaque field or background so that only the individual letters/characters are illuminated.

(Ord. 1591 § 488, 2014)

§ 18.200.290 Neighborhood Commercial Zones.

The following signs are permitted in the Neighborhood Commercial Zone (N-C) and commercially zoned properties located in the Redondo neighborhood:

Total sign area for a single business shall not exceed one square foot per lineal foot of street frontage up to a maximum of 100 square feet and freestanding signs may not exceed 40 square feet. No freestanding sign shall exceed the height of the primary use structure;

Revolving signs are prohibited;

Temporary signs are permitted as provided in DMMC § 18.200.070;

Projecting signs are prohibited.

(Ord. 1591 § 489, 2014)

§ 18.200.300 Commercial Zones.

The following signs are permitted in the Pacific Ridge Commercial Zone, Business Park Zone, and all Commercial Zones abutting Pacific Highway South that are not within the Pacific Ridge neighborhood:

Freestanding Signs. For single business properties, multiple-tenant buildings, multiple-building complexes, and shopping centers, freestanding signs are allowed as follows:

Number of Freestanding Signs.

For building sites with up to 300 feet of street frontage, one sign is allowed.

For building sites with more than 300 feet of street frontage and having more than one vehicular access, two signs are allowed; provided, that the total allowable sign area is not exceeded and the signs are more than 100 feet apart.

Freestanding Sign Size.

Each sign allowed shall not exceed 100 square feet in area.

For properties with less than 80 feet of street frontage, sign area shall not exceed one square foot of sign area for each lineal foot of street frontage.

Freestanding Sign Height.

For single business properties and multiple business properties, freestanding signs shall not exceed 20 feet in height as measured from median sidewalk grade. The City Manager is authorized to formally waive the maximum sign height when signs must be set back from the arterial because of sloping site conditions, provided the City Manager determines that the intent of this section is otherwise met.

For shopping centers and multi-building complexes, freestanding signs shall not exceed 20 feet in height as measured from median sidewalk grade.

Allowed signs, sign area, or sign height may not be transferred from one street frontage to another.

The City Manager or the City Manager's designee may approve monument signs located on a separate parcel of property within a multiple-building complex or shopping center when the following conditions exist:

The multiple-building complex or shopping center appears and functions as one building site; and

The monument sign appears and functions as an on-premises sign; and

The approval would not result in additional signs or sign area for the multiple-building complex or shopping center than would otherwise be allowed; and

All monument and wall signs within the multiple-building complex or shopping center conform to the provisions of this chapter.

Freestanding signs shall not be located on, above, nor project over the public right-of-way.

Wall Signs.

Each single business property is permitted a total sign area not to exceed two square feet per lineal foot of street frontage, up to a maximum of 200 square feet or no more than 10 percent of the front wall size, whichever is larger.

Each multiple business property is permitted a total sign area not to exceed 20 square feet plus 40 square feet per licensed business; provided, however, that each business must be guaranteed a minimum of at least 25 square feet signage.

Each multi-building complex and shopping center is permitted a total sign area not to exceed 150 square feet plus 40 square feet per licensed business; provided, however, that each business must be guaranteed a minimum of at least 35 square feet signage.

Except for buildings containing multiple businesses, wall signage shall not extend horizontally a distance greater than 50 percent of the width of the building wall on which it is displayed.

Allowed wall signage is not transferable from one property to another; except within a shopping center or multi-building complex.

Wall signs shall not be placed higher than 35 feet above median sidewalk grade.

Projecting signs may not project further than six feet from the surface of the building. A right-of-way use permit shall be required for signs projecting over the public right-of-way.

Reader board signs and changeable message center signs are permitted as per the requirements established in DMMC § 18.200.230.

Gasoline price signs shall not be located in, nor project over, the public right-of-way and shall not be portable. Such signs may be freestanding or attached to canopy columns. The area of the price sign shall not count towards the allowed total wall or freestanding signage.

Temporary signs shall be permitted as provided in DMMC § 18.200.110.

(Ord. 1591 § 490, 2014; Ord. 1603 § 2, 2014)

§ 18.200.310 Marina District.

The following signs are permitted on commercially zoned properties within the Marina District as established by the Des Moines Comprehensive Plan:

Each public commercial parking lot may have one sign per street frontage not exceeding 24 square feet in sign area.

Reader board signs and changeable message center signs are permitted as per the requirements established in DMMC § 18.200.230.

Projecting signs may not project further than six feet from the surface of the building. A right-of-way use permit shall be required for signs projecting over the public right-of-way.

Freestanding signs may not exceed 15 feet in height as measured from the sidewalk grade, and shall not be located on or above, nor project over, the public right-of-way.

No more than one freestanding sign is permitted for properties with less than 300 feet of street frontage. Multiple business properties or multi-building complexes with over 300 feet of street frontage and more than one vehicular access are allowed one additional freestanding sign; provided, that the total allowable sign area is not exceeded and the signs are over 100 feet apart.

Each single business property is permitted a total sign area not to exceed two square feet per lineal foot of street frontage, up to a maximum of 200 square feet. Freestanding signs may not exceed 50 square feet.

Each multiple business property or multi-building complex is permitted one freestanding sign not to exceed one square foot per lineal foot of street frontage up to a maximum of 100 square feet. Each business within shall be permitted a wall sign not to exceed one square foot per lineal foot of tenant street frontage; provided, however, that each business must be guaranteed a minimum of at least 24 square feet regardless of tenant street frontage.

Gasoline price signs shall not be located in, nor project over, the public right-of-way, and shall not be handwritten. Such signs may be freestanding or attached to canopy columns. The area of the price sign shall not count towards the allowed total wall or freestanding signage.

Temporary signs shall be permitted as provided in DMMC § 18.200.070.

(Ord. 1591 § 491, 2014; Ord. 1737 § 12, 2020)

§ 18.200.320 Removal of unlawful signs – Notice.

The City Manager or the City Manager's designee may order the removal of any sign erected, installed, or maintained in violation of this chapter pursuant to DMMC § 18.01.080 and the provisions set forth below.

Signage, General. Any property owner or occupant erecting or maintaining signage not in compliance with the provisions of this chapter, except portable signs which are regulated in subsection (2) of this section, shall be given written notice, by certified letter, specifying the violation and a direction to correct the violation or remove the sign within 30 days. Such notice shall be given to the holder of the sign permit or, if no permit exists, to the named owner of the land where the sign is erected. In the event the violation is not corrected within the 30-day period, the City Manager or the City Manager's designee shall thereupon revoke the permit and remove, or cause the removal of the sign, and shall assess all costs and expenses incurred against the named owner of the sign and/or named owner of the land. Any sign which is a source of immediate peril to persons or property may be removed summarily and without notice. Alternatively, this subsection may be enforced pursuant to chapter 18.01 DMMC.

Portable Signage. Portable signage includes any sign not permanently affixed; real estate signs; political signs; portable reader board signs; streamers; pennants; banners; signs attached to or mounted on trees, fences, utility poles, or vehicles parked in proximity to a business with the purpose of attracting attention to such business; or any similar signs. Except as provided for in DMMC § 18.200.070(12)(k), portable signs in violation of this chapter located in the right-of-way must be removed upon 24-hour notice. Such notice shall be given by delivering a written notice of violation to the owner, occupant, or person ostensibly in charge or control of the real property upon which the sign is located. Such notice shall state the violation and shall require that the violation be corrected within 24 hours. In the event the violation is not corrected within 24 hours, the City Manager or the City Manager's designee shall cause the sign or signs to be impounded. If the portable sign is located off-site of the premises to which the sign reasonably relates, or if ownership of the sign cannot be reasonably determined, no notice of violation shall be provided and the sign shall be impounded forthwith. In the event a sign is removed, there shall be a removal fee and a storage fee as set by administrative order of the City Manager or the City Manager's designee. No sign shall be returned until the removal and storage fee is paid in full. The sign shall be stored for not less than 10 days, and thereafter the City Manager or the City Manager's designee shall dispose of the sign in any manner. No cause of action shall be maintained against the City for damage to signs properly impounded, whether such damage occurred during the impoundment or storage. A second violation occurring within a 12-month period shall be considered a Class 1 civil infraction. A third violation occurring within a 12-month period shall result in a criminal prosecution and immediate impoundment of the sign without notice. This enforcement provision supersedes the processes contained in DMMC § 18.01.090, and provides for immediate prosecution pursuant to DMMC § 18.01.090. For such repeat offenses sign alteration or substitution shall be no defense.

(Ord. 1591 § 492, 2014)

§ 18.200.330 Nonconforming signs.

Nonconforming signs that were legally and permanently installed prior to May 15, 2011, shall be allowed to continue in use so long as they are continuously maintained, are not relocated, are not structurally altered or made more nonconforming in any way.

Nonconforming off-premises signs shall be abated in accordance with DMMC § 18.15.110.

(Ord. 1591 § 493, 2014)

§ 18.200.340 City not liable.

This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, building, altering, constructing, or removing any sign in the City for damages to anyone injured or damaged either in person or property by any defect or action therein, nor shall the City, or any agent thereof, be held as assuming such liability by reason of permit or inspection authorized in this chapter or a certificate of inspection issued by the City or any of its agents.

(Ord. 1591 § 494, 2014)

Des Moines City Zoning Code

Division III

GENERAL CONDITIONS APPLICABLE TO ALL ZONES

§ 18.185.010 Title.

This section shall be entitled "General Conditions Applicable to All Zones." This chapter shall be entitled "Noise Levels."

(Ord. 1591 § 375, 2014)

§ 18.185.020 Application.

This chapter shall be applicable to all zones.

(Ord. 1591 § 376, 2014)

§ 18.185.030 Purpose.

The purpose of this chapter is to regulate and limit the adverse impact of specific noise exposure levels and require, when appropriate, noise mitigation plans.

(Ord. 1591 § 377, 2014)

§ 18.185.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 378, 2014)

§ 18.185.050 Limit on noise impacts on residential neighborhoods.

(Ord. 1591 § 379, 2014)

§ 18.185.060 Requirement for noise mitigation plan.

(Ord. 1591 § 380, 2014)

§ 18.190.010 Title.

This chapter shall be entitled "Height, Yards, Area, and Open Spaces – General Provisions."

(Ord. 1591 § 381, 2014)

§ 18.190.020 Application.

The provisions of this chapter shall apply to all zones.

(Ord. 1591 § 382, 2014)

§ 18.190.030 Purpose.

The purpose of this chapter is to establish standards for height, yards, area, and open spaces.

(Ord. 1591 § 383, 2014)

§ 18.190.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 384, 2014)

§ 18.190.050 Regulations subject to chapter.

The foregoing regulations of this Title shall be subject to the general provisions, conditions, and exceptions contained in this chapter.

(Ord. 1591 § 385, 2014)

§ 18.190.060 Height of buildings on through lots.

On through lots divided by a zone boundary line, the line shall be considered a property boundary line for purposes of determining the permitted height on the building site.

(Ord. 1591 § 386, 2014)

§ 18.190.070 Height of structures and roof structures.

(Ord. 1591 § 387, 2014; Ord. 1737 § 11, 2020; Ord. 1737 § 11, 2020)

§ 18.190.080 Construction on artificial grades.

(Ord. 1591 § 388, 2014)

§ 18.190.090 Yards and open spaces.

(Ord. 1591 § 389, 2014)

§ 18.190.100 Greater yard and open space requirements include minimum requirements.

(Ord. 1591 § 390, 2014)

§ 18.190.110 Modification or adjustment of side yard requirements on consolidated lots or oversize building sites.

(Ord. 1591 § 391, 2014)

§ 18.190.120 Yard requirements when more than one main building exists.

Where two or more buildings are, by definition of this Title, considered to be main buildings, then the front yard requirements shall apply only to the building closest to the lot front line.

(Ord. 1591 § 392, 2014)

§ 18.190.130 Method for determining modification of required front yard on steep lots.

(Ord. 1591 § 393, 2014)

§ 18.190.140 Modification of required front yards where nonconformities exist.

The depth of required front yards on unimproved lots may be modified when any of the following circumstances apply:

When the unimproved lot or lots are located between lots having nonconforming front yards;

When the unimproved lot or lots are located between a lot having a nonconforming front yard and a lot having a conforming front yard;

When the unimproved lot or lots are located between a lot having a nonconforming front yard and a vacant corner lot; and

Where a vacant corner lot or reverse corner lot adjoins a lot having a nonconforming front yard.

The rear line of the modified front yard on the unimproved lot or lots as referred to in subsection (2) of this section shall be established in the following manner:

(Ord. 1591 § 394, 2014)

§ 18.190.150 Yard requirements for property abutting half-streets or streets designated by official control.

(Ord. 1591 § 395, 2014)

§ 18.190.160 Measurement of front yards.

Front yard requirements shall be measured from the property front line or the indicated edge of a street for which an official control exists, except as provided in DMMC § 18.190.150.

(Ord. 1591 § 396, 2014)

§ 18.190.170 Vision clearance – Corner and reverse corner lots.

(Ord. 1591 § 397, 2014)

§ 18.190.180 Permitted intrusions into required yards.

The following may project into required yards:

Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part – 18 inches into any yard;

Planting boxes or masonry planters not exceeding 42 inches in height in any required front yard.

(Ord. 1591 § 398, 2014)

§ 18.190.190 Location of swimming pools.

In any zone, a swimming pool may not be located in any required front yard, nor closer than five feet to any property line or to any building on the same premises.

(Ord. 1591 § 399, 2014)

§ 18.190.200 Location and height of wall, fence or hedge.

In any Residential Zone a wall, fence, or hedge is permitted under the following conditions:

A wall, fence, or hedge not more than 42 inches in height may be permitted on any part of a lot that is not otherwise restricted;

Electric fences shall not be permitted in any Residential Zone except as allowed in DMMC § 18.190.310(2);

No fence shall be located in any public right-of-way, unless a right-of-way permit is obtained from the City;

(Ord. 1591 § 400, 2014; Ord. 1655 § 14, 2016; Ord. 1695 § 3, 2017)

§ 18.190.210 Required increase of side yard where multiple or row dwellings front upon a side yard.

(Ord. 1591 § 401, 2014)

§ 18.190.220 Required increase of side yard where multiple or row dwellings rear upon a side yard.

(Ord. 1591 § 402, 2014)

§ 18.190.230 Yard requirements on through lots.

If a through lot is divided by a zone boundary line, the line shall be considered a property boundary line for purposes of determining the required yards and open spaces.

(Ord. 1591 § 403, 2014; Ord. 1655 § 15, 2016)

§ 18.190.240 Lot area not to be reduced.

(Ord. 1591 § 404, 2014)

§ 18.190.250 Dividing an improved building site area prohibited.

(Ord. 1591 § 405, 2014)

§ 18.190.260 Greater yards and open spaces not to be alienated.

(Ord. 1591 § 406, 2014)

§ 18.190.270 Greater lot area may be required.

Greater lot areas than those prescribed in the various zones may be required when such greater areas are established by the adoption of a planned unit development as provided in this Title.

(Ord. 1591 § 407, 2014)

§ 18.190.280 Substandard or nonconforming lots in Residential or Commercial Zones.

In any Residential or Commercial Zone, a dwelling or building may be established on a lot which cannot satisfy the lot area requirements of the zone; provided, that:

All other bulk regulations shall apply; and

(Ord. 1591 § 408, 2014; Ord. 1695 § 4, 2017)

§ 18.190.290 Substandard lots may be combined.

(Ord. 1591 § 409, 2014)

§ 18.190.300 Use of lots or parcels containing more than minimum required lot area.

(Ord. 1591 § 410, 2014)

§ 18.190.310 Dangerous fences – Restrictions.

Dangerous fences are subject to the following restrictions:

A barbed wire fence may be a maximum of five feet in height and may contain four strands of taut parallel barbed wire.

The proximity of the fence to existing or planned sidewalks, pedestrian ways, or public parking areas;

Whether the security needs for the property can be satisfied;

Whether the location of the fence will degrade the aesthetics of the surrounding area;

Whether the fence location is in the best interest of the health, safety and welfare of the general public;

Whether either required landscaping can be fulfilled, or landscaping is otherwise provided to ameliorate visual impacts of the fence;

The proximity of the fence to environmentally critical areas, open space, or other such areas likely to provide habitat for urban mammals.

(Ord. 1591 § 411, 2014)

§ 18.205.010 Title.

This chapter shall be entitled "Electrical Vehicle Infrastructure."

(Ord. 1591 § 495, 2014)

§ 18.205.020 Application.

This chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 496, 2014)

§ 18.205.030 Purpose.

The purpose of this chapter is to:

Provide adequate and convenient electric vehicle charging stations to serve the needs of the traveling public;

Provide opportunities for Des Moines residents to have safe and efficient personal electric charging stations located at their place of residence;

Provide the opportunity for commercial and industrial businesses to supply electrical vehicle charging station services to their customers and employees; and

"Battery charging station"

(Ord. 1591 § 497, 2014)

§ 18.205.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 19.27, 19.28, 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 498, 2014)

§ 18.205.050 Definitions.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

"Battery exchange station"

"Charging levels"

Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Level 2 is considered medium charging and operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

"Electric vehicle"

means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board for motive purpose. "Electric vehicle" includes:

A battery electric vehicle;

A plug-in hybrid electric vehicle;

A neighborhood electric vehicle; and

"Electric vehicle charging station"

A medium-speed electric vehicle.

"Electric vehicle infrastructure"

means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.

"Electric vehicle parking space"

means any parking space signed or marked exclusively for the parking of an electric vehicle at a battery charging station.

"Rapid charging station"

(Ord. 1591 § 499, 2014)

§ 18.205.060 Permitted locations.

Level 1, 2, and 3 electric vehicle charging stations are allowed in all zoning designations. Electric vehicle charging stations are not permitted within the City right-of-way.

(Ord. 1591 § 500, 2014)

§ 18.205.070 Compatibility.

(Ord. 1591 § 501, 2014)

§ 18.205.080 Battery exchange stations.

(Ord. 1591 § 502, 2014)

§ 18.205.090 Electric vehicle charging station requirements.

Electric vehicle charging stations utilizing parking stalls located in parking lots or parking garages shall comply with the following requirements:

Accessibility. The design and location of the charging stations shall comply with the following barrier-free accessibility requirements:

Accessible electric vehicle charging stations shall be provided in the ratios shown on the following table:

Number of EV Charging Stations	Minimum Accessible EV Charging Stations
1 – 50	1
51 – 100	2
101 – 150	3
151 – 200	4
201 – 250	5
251 – 300	6

Accessible electric vehicle charging stations shall be located in close proximity to the building or facility entrance and shall be connected to a barrier-free accessible route of travel.

Accessible electric vehicle charging stations shall comply with the requirements of WAC 51-50-005.

Charging Station Equipment. Charging station equipment shall comply with the following requirements:

Equipment mounted on pedestals, light posts, or other devices shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

Notification. The following information shall be posted on all charging stations:

Voltage and amperage levels;

Hours of operation; and

Usage fees, safety information and contact information for reporting equipment operating problems.

(Ord. 1591 § 503, 2014)

§ 18.205.100 Electric vehicle charging station standards.

The City Manager or the City Manager's designee is authorized to develop and maintain standards for the design and construction of electric vehicle charging stations.

(Ord. 1591 § 504, 2014)

§ 18.210.010 Title.

This chapter shall be entitled "Loading Areas and Off-Street Parking."

(Ord. 1591 § 505, 2014)

§ 18.210.020 Application.

This chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 506, 2014)

§ 18.210.030 Purpose.

(Ord. 1591 § 507, 2014)

§ 18.210.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 508, 2014)

§ 18.210.050 Off-street parking and loading areas required.

Every parking space or facility and vehicle sales areas, trailer sales areas, and boat sales areas, shall be developed, improved, and maintained as provided within this chapter.

(Ord. 1591 § 509, 2014)

§ 18.210.060 General requirements.

(Ord. 1591 § 510, 2014)

§ 18.210.070 Modification of parking provisions.

Marina District. The parking provisions for commercial uses established by DMMC § 18.210.090 are waived; provided, that there is compliance with all the following standards:

The property is zoned Downtown Commercial according to the official zoning map.

Residential uses within a mixed use development are not included in this exemption. Residential uses in a mixed use building shall comply with the requirements established by DMMC § 18.210.090.

The property owner shall enter into a no protest agreement regarding the formation of a downtown business or parking improvement district.

This provision is only valid until December 31, 2015.

Improved parking meeting all City design requirements meeting at least 50 percent of the required parking.

User safety, including lighting and site security.

The required number of ADA parking stalls per the International Building Code and required pedestrian access to and from the building for physically disabled as well as able bodied.

Adequate site drainage.

Safe vehicle access to and egress from the parking lot.

A parking operations plan including:

The hours of operations;

The name, address and phone number of the operator of the parking.

Assurances and guarantees to suspend interim parking use at the end of the permitted period unless extended and restore the site.

(Ord. 1591 § 511, 2014; Ord. 1592 § 1, 2014)

§ 18.210.080 Parking spaces to serve one use, building, or complex – Exceptions.

(Ord. 1591 § 512, 2014)

§ 18.210.090 Required number of off-street parking spaces.

The minimum number of off-street parking spaces required of each use shall be provided as follows:

Appliance (retail), bakeries, cabinet shops, dry-cleaning, furniture stores, heating services: one parking space per 400 square feet of gross floor area.

Auto and boat sales, new and used: one space per 1,000 square feet of floor space of showroom and service facilities; but in no case shall there be less than six spaces provided.

Day care centers and mini-day care programs: one space for each 10 children or one for each staff member, whichever is greater, and one passenger loading and unloading space for each 20 children.

Hardware and building supplies: one space per 400 square feet of gross floor area.

Industrial and Manufacturing Activities.

Freight terminals and wholesale facilities: one parking space per two employees on a maximum work shift, or one per 1,000 square feet of gross floor area; use whichever is greater.

Uncovered storage area: one parking space for each 2,000 square feet of area.

Warehouse and storage: two parking spaces for each three employees or one space for each 1,500 square feet of gross floor area; use whichever is greater.

Laundry, self-service: one parking space per 250 square feet of gross floor area.

Medical Facilities.

Convalescent, rest homes, retirement homes, nursing and health institutions: one parking space for each two employees, plus one space for each four beds.

Hospitals: one parking space for each three beds, plus one parking space for each staff doctor, plus one parking space for each three employees.

Motor vehicle, small engine, and boat repair and services: one parking space for each 600 square feet of gross floor area.

Offices, including professional and business, banks, and related activities: one space per 350 square feet of gross floor area.

Offices not providing customer services on the premises: one space for each 800 square feet of gross floor area.

Personal Services.

C-C Zone: one parking space per 300 square feet of gross floor area.

D-C, PR and T-C Zones: one parking space per 350 square feet of gross floor area.

H-C Zone: one parking space per 200 square feet of gross floor area.

W-C Zone: one parking space per 250 square feet of gross floor area.

Pleasure craft moorage: one parking space for each two moorage stalls.

Public Assembly and Recreation.

Assembly halls, auditoriums, stadiums, sports arenas, and community clubs: one parking space for every three persons based on occupancy load.

Churches: one parking space per five seats in the principal place of assembly for worship, including balconies and choir loft.

Libraries and museums: one parking space per 250 square feet of gross floor area.

Parks: as determined by the City Council.

Theaters: one parking space for each three seats.

Residences.

No off-street parking shall be required for any dwelling unit with 1,200 or fewer square feet.

Parking spaces provided pursuant to this section may be tandem parking spaces, and the spaces can be enclosed (such as under a carport or within a garage) or unenclosed.

Parking spaces must be a minimum of eight feet by 20 feet in size, unless a smaller size is allowed in accordance with DMMC § 18.210.100(b).

Single-family: one parking space per dwelling unit except that no off-street parking spaces are required for residences under 1,200 square feet.

Multifamily.

Two parking spaces per dwelling.

One guest parking space shall be provided per each 10 dwellings.

For one-bedroom dwellings within the PR Zone: one and one-half parking spaces per dwelling.

Rooming and lodging houses: one space per occupant.

Children's institutions, homes for the retired (group homes): one space for each five employees plus one for each four beds.

Mixed Use.

Except as provided below, two parking spaces per dwelling.

For one-bedroom dwellings within the PR Zone: one and one-half parking spaces per dwelling.

On-site parking for nonresidential areas shall be provided based upon the ratio specified by this section.

Multifamily (As Part of a Mixed Use Development) in the T-C Zone.

For a studio dwelling: one parking space.

For one-bedroom dwellings: one parking space.

For two-bedroom or more dwellings: 1.75 parking spaces.

One guest parking space shall be provided per each 10 dwellings.

Accessory dwelling units: none.

Emergency housing and emergency shelter: one parking space for each two employees plus one space for each four beds.

Community building for a cottage housing development: none.

Retail, Other.

C-C Zone: one parking space per 300 square feet of gross floor area.

D-C and PR Zones: one parking space per 350 square feet of gross floor area.

H-C Zone: one parking space per 250 square feet of gross floor area, except there are a minimum of six spaces.

T-C Zone: one parking space per 400 square feet of gross floor area, except there shall be a minimum of six spaces.

W-C Zone:

For properties north of South 268th Street, one parking space per 250 square feet of gross floor area.

For properties south of South 268th Street, one parking space per 300 square feet of gross floor area, except there shall be a minimum of six spaces.

Maximum Number of Off-Street Spaces. Within the Pacific Ridge area, the number of off-street spaces provided shall not exceed 150 percent of the minimum number of spaces specified by this section.

(Ord. 1591 § 513, 2014; Ord. 1601 § 16, 2014; Ord. 1618-A § 12, 2015; Ord. 1655 § 19, 2016; Ord. 1656 § 5, 2016; Ord. 1750 § 9, 2021; Ord. 1821 § 15, 2025)

§ 18.210.100 Compact car allowance.

A maximum of 50 percent of the total required off-street parking stalls may be permitted and designated for compact cars.

Each compact stall shall be designated as such.

Dimensions of compact parking stall shall be eight feet by 16 feet, 128 square feet, as depicted in the table on the following page.

Compact stalls shall be dispersed throughout the parking facility.

Table 1

TWO-WAY TRAFFIC

ONE-WAY TRAFFIC

Compact Car Stall Dimensions: minimum 8' x 16', 128 square feet.

(Ord. 1591 § 514, 2014)

§ 18.210.110 Off-site parking.

Use Agreement. Off-site parking areas shall be provided through:

Off-Site Parking Permitted. The City Manager or the City Manager's designee shall have the authority to approve an off-street parking facility; provided, adherence to the following:

Compliance with subsection (1) of this section.

For high-density and maximum-density multiple dwellings, the parking facilities shall be located on the same site as the dwellings they are required to serve;

For uses other than those specified, parking facilities shall be located not over 600 feet from the building served.

Any parking facility not on the same lot with the principal use to which it is accessory shall be considered, for bulk regulation purposes, a principal use on the lot on which located.

(Ord. 1591 § 515, 2014)

§ 18.210.120 Design requirements.

Any off-street parking facility shall be developed in accordance with the design specifications set forth in DMMC § 18.210.130 through § 18.210.240.

(Ord. 1591 § 516, 2014)

§ 18.210.130 Parking area dimensions.

Minimum parking area dimensions for surface and structured parking facilities shall be as provided in Table 1 following DMMC § 18.210.100.

(Ord. 1591 § 517, 2014; Ord. 1655 § 20, 2016)

§ 18.210.140 On-site driveway location.

The following requirements shall apply:

(Ord. 1591 § 518, 2014)

§ 18.210.150 Parking area and parking area entrance and exit slopes.

(Ord. 1591 § 519, 2014)

§ 18.210.160 Driveways and maneuverability.

Backing onto public streets to exit a parking stall shall be prohibited, except in Single-Family Residential and RA Zones.

Stacked or Valet Parking Plan Requirements.

A site plan showing the location of the valet parking on the property;

The hours of operations;

The name, address and phone number of the operator of the valet parking.

Valet parking is allowed on or off site. No valet parking shall be allowed on public rights-of-way.

(Ord. 1591 § 520, 2014; Ord. 1655 § 21, 2016)

§ 18.210.170 Surface.

Paved parking areas except in Single-Family Zones shall use paint or similar devices to delineate car stalls and direction of traffic.

Pedestrian walks, used for the use of foot traffic only, shall be curbed or raised six inches above the lot surface. All pedestrian walks shall be conspicuously delineated.

(Ord. 1591 § 521, 2014; Ord. 1737 § 13, 2020)

§ 18.210.180 Lighting.

(Ord. 1591 § 522, 2014; Ord. 1655 § 22, 2016)

§ 18.210.190 Curb cuts.

(Ord. 1591 § 523, 2014)

§ 18.210.200 Vehicle circulation between adjoining properties required.

Parking lots shall be designed to provide for off-street vehicle circulation to adjoining properties and parking areas where physically feasible.

(Ord. 1591 § 524, 2014)

§ 18.210.210 Obstructions.

No obstruction which would restrict car door opening shall be permitted within five feet of the centerline of a parking space.

(Ord. 1591 § 525, 2014)

§ 18.210.220 Landscaping and screening.

Landscaping and screening shall be provided in accordance with chapter 18.195 DMMC.

(Ord. 1591 § 526, 2014)

§ 18.210.230 Walkways required.

Marked walkways, separated from traffic lanes and vehicle overhangs, shall be provided from parking areas to the entrances of establishments and from parking areas to right-of-way sidewalks/walkways.

(Ord. 1591 § 527, 2014)

§ 18.210.240 Parking for the handicapped.

(Ord. 1591 § 528, 2014)

§ 18.210.250 Parking and storage of recreational, utility, and commercial vehicles in residential neighborhoods.

Vehicles shall not intrude into publicly maintained rights-of-way or obstruct sight visibility from adjacent driveways.

Vehicles shall be maintained in a clean, well-kept state which does not detract from the appearance of the surrounding area.

For the purposes of this section, publicly maintained right-of-way is defined as right-of-way currently opened and maintained by City.

(Ord. 1591 § 529, 2014)

§ 18.210.260 Required loading areas.

Square Feet of Aggregate Gross Floor Area	Required Number of Berths
10,000 up to and including 16,000	1
16,001 up to and including 40,000	2
40,001 up to and including 64,000	3
64,001 up to and including 96,000	4
96,001 up to and including 128,000	5
128,001 up to and including 160,000	6
160,001 up to and including 196,000	7
For each additional 36,000	1 additional

Square Feet of Aggregate Gross Floor Area	Required Number of Berths
40,000 up to and including 60,000	1
60,001 up to and including 160,000	2
160,001 up to and including 264,000	3
264,001 up to and including 388,000	4
388,001 up to and including 520,000	5
520,001 up to and including 652,000	6
652,001 up to and including 784,000	7
784,001 up to and including 920,000	8
For each additional 140,000	1 additional

(Ord. 1591 § 530, 2014)

§ 18.210.270 Code official.

The code official is the City Manager or the City Manager's designee or his/her designated representative.

(Ord. 1591 § 531, 2014)

§ 18.210.280 Enforcement.

(Ord. 1591 § 532, 2014)

§ 18.215.010 Title.

This chapter shall be entitled "Protection of Historic and Archeological Resources."

(Ord. 1591 § 533, 2014)

§ 18.215.020 Application.

This chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 534, 2014)

§ 18.215.030 Purpose.

The purpose of this chapter is to preserve and protect historic or archaeological properties of local significance.

(Ord. 1591 § 535, 2014)

§ 18.215.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 536, 2014)

§ 18.215.050 Designation criteria for historic or archeological property of local significance.

A building, site, zone, structure, or object may be designated a City historic or archeological property of local significance if:

It is listed or eligible for listing in the State or National Register of Historic Places, or is designated or eligible for designation as a King County Landmark; or

The City Council determines it meets any of the following criteria:

It is associated with events that have made a significant contribution to the broad patterns of national, state, or local history;

It embodies the distinctive characteristics of a type, period, style, or method of construction;

It is an outstanding or significant work of an architect, builder, designer, or developer who has made a substantial contribution to the art;

It has yielded, or may be likely to yield, information important in prehistory or history;

(Ord. 1591 § 537, 2014)

§ 18.215.060 Historic or archeological properties of local significance.

(Ord. 1591 § 538, 2014)

§ 18.215.070 Designation of additional historic or archeological properties of local significance.

The City Council is authorized to designate additional sites, zones, buildings, structures, and objects within the City as historic or archeological properties of local significance.

(Ord. 1591 § 539, 2014)

§ 18.215.080 Limit on noise impacts to historic or archeological properties of local significance.

(Ord. 1591 § 540, 2014)

§ 18.215.090 Requirement for noise mitigation plan.

(Ord. 1591 § 541, 2014)

§ 18.215.100 Landmarks Commission created – Membership and organization.

The Commission shall file its rules and regulations, including procedures consistent with this chapter, with the City Clerk.

(Ord. 1591 § 542, 2014)

§ 18.215.110 King County Code chapter 20.62 adopted.

For purposes of this chapter, the City adopts King County Code (K.C.C.) chapter 20.62, except as follows:

K.C.C. 20.62.020 – Definitions.

Paragraph I is changed to read: "'Director' is the responsible official who approves building permits for the City."

Paragraph F is changed to read: "'Council' is the Des Moines City Council."

K.C.C. 20.62.040 – Designation Criteria. All references to "King County" are changed to read "City of Des Moines."

K.C.C. 20.62.050 – Nomination Procedure. The following language is added:

K.C.C. 20.62.070 – Designation Procedure. All references to "King County" are changed to read "City of Des Moines."

K.C.C. 20.62.080 – Certificate of Appropriateness Procedure. The last sentence of Paragraph A is deleted.

K.C.C. 20.62.110 – Appeal Procedure. The following language is added:

The decisions of the Commission pertaining to real property within the City of Des Moines may be appealed to and reversed or modified by the Des Moines City Council.

(Ord. 1591 § 543, 2014)

§ 18.215.120 Adoption by reference.

(Ord. 1591 § 544, 2014)

§ 18.215.130 Code conflicts.

As to City-owned buildings, in case of any conflict between chapter 18.215 DMMC and DMMC § 18.215.100 and § 18.215.110, DMMC § 18.215.100 and § 18.215.110 shall govern.

(Ord. 1591 § 545, 2014)

§ 18.220.010 Title.

This chapter shall be entitled "Development Regulations on Land Acquired and Owned by Public Entities."

(Ord. 1591 § 546, 2014)

§ 18.220.020 Application.

This chapter shall be applicable to all lands acquired and owned by public entities.

(Ord. 1591 § 547, 2014)

§ 18.220.030 Purpose.

The purpose of this chapter is to define the regulations applicable to land within the City and owned by public entities.

(Ord. 1591 § 548, 2014)

§ 18.220.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 549, 2014)

§ 18.220.050 Planning and zoning jurisdiction on lands acquired by public entities.

All land within the City acquired and owned by public entities is subject to the zoning and planning jurisdiction of the City.

All land within the City acquired and owned by public entities shall be developed in a manner consistent with planning, zoning, development, health, and safety requirements of the City.

(Ord. 1591 § 550, 2014)

§ 18.220.060 Limits on use of land acquired and owned by public entities.

Modification, demolition, and relocation of buildings and structures on land within the City acquired and owned by public entities shall require City approval and permits.

(Ord. 1591 § 551, 2014)

§ 18.220.070 Requirements for development on lands acquired and owned by public entities.

Any site development activity on land within the City acquired and owned by public entities shall meet City zoning regulations.

(Ord. 1591 § 552, 2014)

§ 18.220.080 Management of streets and street rights-of-way within and adjacent to land acquired by public entities.

The City shall retain full authority over the management, operation, and maintenance of streets and street rights-of-way within the City acquired and owned by public entities.

(Ord. 1591 § 553, 2014)

§ 18.230.010 Title.

(Ord. 1591 § 559, 2014)

§ 18.230.070 Expiration.

(Ord. 1591 § 560, 2014)

§ 18.230.080 Form of and contents of applications and types of information required.

No application shall be determined to be complete unless it complies with the requirements.

(Ord. 1591 § 561, 2014)

§ 18.230.090 Permitted location of planned unit development projects.

Residential planned unit development projects may locate only in Single-Family Residential, RA, and Multifamily Residential Zones when processed and authorized as provided in this chapter.

Planned unit developments for other than residential uses may locate only in zones first permitting the heaviest use locating on the premises.

(Ord. 1591 § 562, 2014)

§ 18.230.100 Required minimum site area.

A planned unit development project shall contain an area of not less than five times the minimum lot area per dwelling unit of the underlying zone.

(Ord. 1591 § 563, 2014)

§ 18.230.110 Uses permitted.

In a planned unit development only the following uses are permitted:

In a residential planned unit development:

Residential units, either detached or in multiple dwellings;

Recreational facilities including but not limited to tennis courts, swimming pools, and playgrounds;

Schools, libraries, and community halls;

In planned unit developments for other than residential uses, uses shall be limited to those permitted by the zone in which the use is located.

(Ord. 1591 § 564, 2014)

§ 18.230.120 Permissive variations in requirements.

churches, schools, or commercial use from the total development area;

Permitted Floor Area. The maximum permitted floor area for all buildings shall not exceed the floor area permitted in the zone first permitting the use authorized;

(Ord. 1591 § 565, 2014)

§ 18.230.130 Recreation area required.

Within a planned unit development in a Single-Family Residential or RA Zone, park land shall be provided as specified by DMMC § 17.35.180, Parks.

Within a planned unit development in a Multifamily Residential Zone, on-site recreation area shall be provided as specified in chapter 18.155 DMMC, Multifamily Recreation Areas.

(Ord. 1591 § 566, 2014)

§ 18.230.140 Minor adjustments in planned unit development.

(Ord. 1591 § 567, 2014)

§ 18.235.010 Title.

This chapter shall be entitled "Design Review."

(Ord. 1591 § 568, 2014)

§ 18.235.020 Application.

The following development projects or changes shall be exempt from design review:

Re-striping and other minor changes to parking lots that do not result in changes to landscaping, a reconfiguration of the lot or the creation of five or more new parking spaces.

Fences that do not require a separate development permit.

Underground utilities are not included as development subject to design review.

Right-of-way improvements not associated with development subject to design review.

Landscaping alterations shall not be subject to design review.

Storm water facilities located within street rights-of-way or regional storm water facilities shall not be subject to design review.

Any improvement to multifamily, commercial or institutional structures not open to exterior view.

The standards outlined in this chapter apply to all middle housing types. Specific standards for cottage housing and courtyard apartments shall only apply to those types of housing.

(Ord. 1591 § 569, 2014; Ord. 1821 § 16, 2025)

§ 18.235.030 Purpose.

These regulations are adopted for the following purposes:

To promote the public health, safety, and general welfare of the citizens of the City;

To protect, preserve, and enhance the social, cultural, economic, environmental, aesthetic, and natural values that have established the desirable quality and unique character of Des Moines;

To promote and enhance construction and maintenance practices that will tend to promote visual quality throughout Des Moines;

To recognize environmental and aesthetic design as an integral part of the planning process; and

(Ord. 1591 § 570, 2014)

§ 18.235.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 571, 2014)

§ 18.235.050 Definitions – Use of words and phrases.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

"Architectural feature"

"Capital improvement"

means an improvement visible to the public, done by the City upon property owned by or under control of the City.

"Improvement"

"Regulated improvements"

"Street furniture"

(Ord. 1591 § 572, 2014)

§ 18.235.060 Delegation of design review authority, consultants, expedited matters.

(Ord. 1591 § 573, 2014)

§ 18.235.070 Procedure.

(Ord. 1591 § 574, 2014)

§ 18.235.080 Pre-application meeting.

In order to facilitate application review and approval, the Planning, Building and Public Works Director may require a pre-application meeting as outlined by DMMC § 18.20.100.

In addition to the purposes outlined by DMMC § 18.20.100, the design review pre-application has the following purposes:

Identify applicable design review approval procedures, decisional criteria and guidelines; and

Discuss information provided by the applicant and to recommend modifications or to identify additional information that may be needed.

The design review pre-application meeting shall not constitute acceptance, approval, conditional approval, denial, public notice, or any other land use decision.

(Ord. 1591 § 575, 2014)

§ 18.235.090 Application materials.

A site plan showing the location of proposed and existing buildings, parking, exterior lighting, signs and landscaping;

Colored elevations of exterior building facades indicating the proposed building materials, finish colors, fenestration patterns, rooflines, etc.;

Detailed drawings of architectural features, signage, trim, etc.;

Photos clearly showing the facades of adjacent development, general streetscape character and territorial and other views from the site, if any;

A perspective drawing of the building envelope allowed by applicable setback, lot coverage, and building height regulations;

A summary of the objectives of the proposed construction or development, including a summary of proposed land uses;

The final conceptual drawings, elevations, floor plans, and landscaping plan for the building site;

Samples of proposed building materials and colors;

A written description of how the proposed development satisfies applicable design guidelines.

(Ord. 1591 § 576, 2014)

§ 18.235.100 Criteria.

Decisions to approve, conditionally approve, or deny a design review application shall be based on the following criteria:

Relationship to Building Site.

The site should be planned to accomplish the desirable transition with the streetscape, provide for adequate planting, and to facilitate pedestrian movement.

Parking and service areas shall be located, designed, and screened from public view.

The height and scale of each building should be compatible with its site and adjoining buildings.

Relationship of Building and Site to Adjoining Area.

Buildings and structures should be made compatible with adjacent buildings of conflicting architectural styles by such means as screens, sight breaks, and materials.

Harmony in texture, lines, and masses should be encouraged.

Attractive landscape transition to adjoining properties should be provided.

Landscape and Site Treatment.

Where existing topographic patterns contribute to beauty and utility of a development, they should be preserved and developed.

Grades of walks, parking spaces, terraces, other paved areas, and large expanse of walls should provide an inviting and stable appearance.

Landscape treatment should enhance architectural features, strengthen vistas and important axes, and provide shade.

In locations where plants will be susceptible to injury by pedestrian or motor traffic, they should be protected by appropriate curbs, tree guards, or other devices.

Where building sites limit planting, the placement of trees or shrubs in parkways or paved areas is encouraged.

In areas where general planting will not prosper, other materials such as fences, walls, and pavings of wood, brick, stone, gravel, etc., should be used.

Building Design.

Evaluation of a project shall be based on the quality of its design and relationship to the natural setting of its surroundings.

Building components, such as windows, doors, eaves, and parapets, should be proportionate and relative to each other.

Colors should be harmonious, with bright or brilliant colors used only for accent.

Unless otherwise modified in this Title, design attention should be given to mechanical equipment or other utility hardware on roofs, grounds, or buildings to screen them from view.

Exterior lighting, when used, shall be part of the architectural concept. Fixtures, standards, and all exposed accessories should be harmonious with the building design.

Signs.

Signs shall conform to the ordinances of the City relative to signs.

Signs should be part of the architectural concept. Size, materials, color, lettering, location, number, and arrangements should be harmonious with the building design.

The number and size of signs should be minimized to avoid visual clutter.

Miscellaneous Structures and Street Furniture.

Lighting in connection with miscellaneous structures and street furniture should meet the criteria applicable to site, landscape, buildings, and signs.

In addition to the criteria above, properties within Pacific Ridge as delineated by the Des Moines Comprehensive Plan shall satisfy the purpose and intent of the Pacific Ridge Design Guidelines.

(Ord. 1591 § 577, 2014; Ord. 1673 § 2, 2017)

§ 18.235.110 Decision.

The Planning, Building and Public Works Director may approve, conditionally approve, or deny a design review application as provided by chapter 18.20 DMMC and this chapter.

The Planning, Building and Public Works Director shall provide a written report or decision as provided by chapter 18.20 DMMC. The written report or decision shall include the following information:

The name and address of the applicant;

The location of the proposed development;

A brief description of the proposed development;

The decision to approve, conditionally approve, or deny the design review application;

If the application is conditionally approved or denied, the applicable decision criteria shall be identified;

"Party" or "party of record"

The date of the report or decision.

(Ord. 1591 § 578, 2014)

§ 18.235.120 Appeals.

(Ord. 1591 § 579, 2014)

§ 18.240.010 Title.

This chapter shall be entitled "Hearing Examiner."

(Ord. 1591 § 580, 2014)

§ 18.240.020 Application.

This chapter shall be applicable to all hearings by and appeals to the Hearing Examiner as set forth in this code.

(Ord. 1591 § 581, 2014)

§ 18.240.030 Purpose.

(Ord. 1591 § 582, 2014)

§ 18.240.040 Authority.

This chapter is adopted pursuant to the provisions of RCW 35A.63.170.

(Ord. 1591 § 583, 2014)

§ 18.240.050 Definitions.

For the purposes of this chapter:

"Ex parte communication"

means any person who has appeared at a hearing of the Hearing Examiner by presenting testimony or making written comment.

(Ord. 1591 § 584, 2014)

§ 18.240.060 Establishment of the office of Hearing Examiner.

(Ord. 1591 § 585, 2014)

§ 18.240.070 Appointment – Qualifications – Term and compensation.

The Hearing Examiner is nominated by the City Manager or the City Manager's designee and confirmed by the City Council by majority vote.

(Ord. 1591 § 586, 2014; Ord. 1793 § 11, 2024)

§ 18.240.080 Hearing Examiner and deputy Hearing Examiner – Removal from office.

(Ord. 1591 § 587, 2014)

§ 18.240.090 Ex parte communications.

(Ord. 1591 § 588, 2014)

§ 18.240.100 Conflict of interest.

The Hearing Examiner may not participate in a hearing or decision with respect to which:

The Hearing Examiner; or

A Hearing Examiner's relative, which term includes any spouse, parent, child, sibling, and in-law; or

Any Hearing Examiner's partner; or

A business as to which the Hearing Examiner:

Is an employee;

Was an employee within the previous two years;

Is negotiating or has an arrangement, or understanding with concerning future employment; or

A deputy Hearing Examiner is not available to hear and decide the matter.

(Ord. 1591 § 589, 2014)

§ 18.240.110 Freedom from improper influence.

(Ord. 1591 § 590, 2014)

§ 18.240.120 Budget – Administrative support.

(Ord. 1591 § 591, 2014; Ord. 1793 § 12, 2024)

§ 18.240.130 Rules.

(Ord. 1591 § 592, 2014)

§ 18.240.140 Jurisdiction and powers.

Maintenance of the development;

Duration of use and subsequent removal of structures;

Mitigation of any significant adverse environmental impacts including off-site improvements reasonably related to the project;

Provisions which would bring the proposal into compliance with the Comprehensive Plan policy; and

Posting of performance bonds as required to ensure compliance with any conditions, modifications, and/or restrictions imposed on the proposal.

(Ord. 1591 § 597, 2014)

§ 18.240.190 Dismissal of pending matters.

(Ord. 1591 § 598, 2014)

§ 18.240.200 Presentation of evidence.

The Hearing Examiner may require that testimony be given under oath or affirmation.

The Hearing Examiner may allow the cross-examination of witnesses.

(Ord. 1591 § 599, 2014)

§ 18.240.210 Rehearing.

(Ord. 1591 § 600, 2014)

§ 18.240.220 Record of hearing – Content.

The Hearing Examiner shall establish and maintain a record of all proceedings and hearings conducted including a sound recording which shall be accurately transcribed as necessary.

The record of a hearing conducted by the Hearing Examiner shall include, but is not limited to, the following contents:

The written application or appeal;

The names and addresses of all participants;

The Planning, Building and Public Works Department's written report;

All evidence received or considered by the Hearing Examiner;

The decision or recommendation of the Hearing Examiner;

Tape recordings of all proceedings; and

Records of notice given of the hearing.

(Ord. 1591 § 601, 2014)

§ 18.240.230 Decision – Content and distribution.

The decision of the Hearing Examiner shall include at least the following content:

A description of the proposed use or action;

The location of the property;

A statement regarding the status of SEPA review of the proposed actions;

The date, time, and place of the hearing(s);

A list of persons who testified or a summary of such list;

A list of exhibits, or a summary of such list;

A statement identifying the ordinance or criteria governing the application;

Findings of fact and conclusions relating the proposed use to the ordinance and other criteria governing the application; and

The decision denying or approving the application and any conditions, if applicable.

The Hearing Examiner shall issue a written decision within 14 days of the date of closing of the hearing, unless the applicant agrees in writing to a longer time.

A copy of the decision shall be mailed or otherwise made available to:

The applicant;

The Planning, Building and Public Works Department and all other City departments affected by or interested in the decision;

In the case of an administrative appeal, the appellant and the administrative department head; and

Except in cases of appeal of an administrative decision, all other persons who request that they receive a notice of the decision.

(Ord. 1591 § 602, 2014)

§ 18.240.240 Decision – Reconsideration.

The Hearing Examiner may reconsider a decision if it is found that:

An error of fact, law, or procedure that is more likely than not to affect the outcome of the decision has been made; or

The petitioner is seeking to enter previously unavailable information that is more likely than not to affect the outcome of the decision.

The filing of a petition for reconsideration shall modify the time for filing an appeal of a decision of the Hearing Examiner as follows:

(Ord. 1591 § 603, 2014)

§ 18.240.250 Appeals from decision of Hearing Examiner.

(Ord. 1591 § 604, 2014)

§ 18.240.260 Content of appeal.

An appeal shall not contain any new facts or evidence. An appeal shall contain all of the following:

The file number of the decision being appealed;

The name and address of the appellant;

A detailed statement identifying specifically the error of fact, law, or procedure, and the effect of the alleged error on the decision;

A statement of the redress sought by the appellant;

Filing fee as established by the City Manager or the City Manager's designee. A schedule of applicable fees is available by contacting the City Clerk.

(Ord. 1591 § 605, 2014)

§ 18.240.270 Timing of appeal.

(Ord. 1591 § 606, 2014)

§ 18.240.280 Reference to Board of Adjustment.

All references to the Board of Adjustment in previously enacted ordinances and resolutions of the City shall hereafter mean the Hearing Examiner.

(Ord. 1591 § 607, 2014)

§ 18.245.010 Title.

This chapter shall be entitled "Mobile Home Park Regulation Code."

(Ord. 1591 § 608, 2014)

§ 18.245.020 Application.

This chapter shall apply to mobile home parks.

(Ord. 1591 § 609, 2014)

§ 18.245.030 Purpose.

The City finds that properly planned and operated mobile home parks:

Promote the safety and health of the residents of such parks and of other nearby neighborhoods; and

Encourage economical and orderly development of such parks and other nearby neighborhoods.

"Mobile/manufactured home"

(Ord. 1591 § 610, 2014)

§ 18.245.040 Authority.

This chapter is adopted pursuant to the provisions of chapter 59.20 RCW, RCW 35A.21.312 and other applicable laws.

(Ord. 1591 § 611, 2014)

§ 18.245.050 Definitions – Use of words and phrases.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

"Factory-built housing"

"Leasable"

space means that area within the mobile home park designated on an approved site plan as lots for locating mobile home units with full utility hook-ups.

"Mobile home park"

"Recreational vehicle"

"Recreational vehicle storage area"

"Service building"

means a building for the purpose of housing mobile home park community facilities.

"Utility building"

(Ord. 1591 § 612, 2014)

§ 18.245.060 General requirements.

Mobile/manufactured homes shall be used for residential purposes only, except for home occupations as defined in this Title.

No space shall be rented or sold for any purpose within a mobile/manufactured home park except for a permanent residence.

Where there is a conflict between the requirements of either Title 17 DMMC, chapter 18.230 DMMC, and this chapter, the most stringent provisions shall control.

The provisions of this chapter shall not apply to factory-built housing.

(Ord. 1591 § 613, 2014)

§ 18.245.070 Business license required.

(Ord. 1591 § 614, 2014)

§ 18.245.080 Density requirements.

The number of mobile homes in the mobile home park shall not exceed the allowable number of dwelling units in the zone district in which the mobile home park is located.

(Ord. 1591 § 615, 2014)

§ 18.245.090 Development standards – Compliance.

In addition to the requirements of either Title 17 DMMC or chapter 18.230 DMMC, mobile home parks shall comply with the following development standards and requirements.

(Ord. 1591 § 616, 2014)

§ 18.245.100 Development standards – Lots.

Every mobile home lot shall be at least 2,400 square feet with a 40-foot frontage.

(Ord. 1591 § 617, 2014)

§ 18.245.110 Development standards – Lot coverage.

All impervious surfaces, including but not limited to mobile homes, service/utility buildings, carports, patios, driveways, and streets, shall not exceed 50 percent of the lot area.

(Ord. 1591 § 618, 2014)

§ 18.245.120 Development standards – Setbacks.

Minimum front yard setbacks for all structures shall be 10 feet.

Minimum rear yard setbacks for all structures shall be 15 feet.

Minimum side yard setbacks for all structures shall be 10 feet.

Corner lots shall observe a minimum 15-foot setback from all streets and alleys.

The minimum clearance between mobile homes shall not be less than 10 feet.

The clearance between mobile homes and any service/utility building(s) situated on the same lot shall not be less than required by the International Building Code.

Eaves may project up to a maximum of 18 inches into any required setback area.

(Ord. 1591 § 619, 2014)

§ 18.245.130 Development standards – Parking spaces.

A minimum of two off-street parking spaces per mobile home shall be provided on the lot on which the mobile home is located.

(Ord. 1591 § 620, 2014)

§ 18.245.140 Development standards – Streets and access.

All streets shall be constructed to City standards contained in chapter 12.15 DMMC.

Pedestrian sidewalks shall be of concrete pavement a minimum of five feet wide on both sides of all streets.

All streets and access roads so designated either in the subdivision or PUD review process shall be completed prior to occupancy of any mobile home.

All fire lanes shall be clearly marked and no parking shall be allowed in these areas.

(Ord. 1591 § 621, 2014)

§ 18.245.150 Development standards – Building heights.

The maximum building height shall be 25 feet.

(Ord. 1591 § 622, 2014)

§ 18.245.160 Development standards – Landscaping – Recreation space.

(Ord. 1591 § 623, 2014)

§ 18.245.170 Development standards – Drainage.

Drainage and runoff plans shall be approved by the Planning, Building and Public Works Director.

(Ord. 1591 § 624, 2014)

§ 18.245.180 Development standards – Sewers.

Each mobile home shall be connected to sanitary sewers. A valid side sewer permit shall be obtained prior to any connection to any sewers.

(Ord. 1591 § 625, 2014)

§ 18.245.190 Development standards – Utilities.

(Ord. 1591 § 626, 2014)

§ 18.245.200 Development standards – Lighting.

(Ord. 1591 § 627, 2014)

§ 18.245.210 Development standards – Recreation areas.

(Ord. 1591 § 628, 2014)

§ 18.245.220 Development standards – Screening.

(Ord. 1591 § 629, 2014)

§ 18.245.230 Development standards – Solid waste and recycling.

Community-type containers will be required and shall be located not more than 150 feet from any mobile home lot.

These collection areas shall be screened according to the provisions of chapter 18.195 DMMC.

Recycling facilities shall be provided as determined by the Planning, Building and Public Works Department.

(Ord. 1591 § 630, 2014)

§ 18.245.240 Development standards – Skirting.

(Ord. 1591 § 631, 2014)

§ 18.245.250 Adoption of mobile home regulations by reference.

(Ord. 1591 § 632, 2014)

§ 18.245.260 Smoke detectors.

Smoke detectors, of a type approved by the Building Official, shall be installed in all newly set mobile homes.

(Ord. 1591 § 633, 2014)

§ 18.245.270 Furnace controls – Power switch.

All furnace controls and power switches shall be placed on the exterior of the furnace enclosure.

(Ord. 1591 § 634, 2014)

§ 18.245.280 Tie downs.

All mobile homes shall be equipped with tie downs of a type that has been approved by the Building Official.

(Ord. 1591 § 635, 2014)

§ 18.245.290 Site plan required – Preexisting parks.

(Ord. 1591 § 636, 2014)

§ 18.245.300 Preexisting mobile home parks.

All other provisions of this mobile home park regulation code shall be applicable; and

No increase in density and no increase in the number of mobile homes are allowed unless all of the provisions of this chapter are met.

(Ord. 1591 § 637, 2014)

§ 18.245.310 Administration.

The Planning, Building, and Public Works Director or his/her designee shall enforce the terms of this chapter according to the provisions of this chapter.

(Ord. 1591 § 638, 2014)

§ 18.245.320 Inspections.

(Ord. 1591 § 639, 2014)

§ 18.245.330 Mobile/manufactured home installation.

(Ord. 1591 § 640, 2014)

§ 18.245.340 Permits for accessory structures.

(Ord. 1591 § 641, 2014)

§ 18.245.350 Park administration.

A mobile/manufactured home park shall have internal rules and regulations governing, at a minimum, the following:

A requirement that all tenants comply with state inspection codes at the time a mobile/manufactured home is installed or modified.

A requirement that all tenants comply with zoning code restrictions relating to the use of their mobile/manufactured home and lot.

(Ord. 1591 § 642, 2014)

§ 18.245.360 Snow design load requirements.

All newly placed or moved mobile/manufactured homes are required to meet the local snow design load of 25 pounds per square foot.

(Ord. 1591 § 643, 2014)

§ 18.245.370 Maximum age of structure.

All new placed or moved mobile/manufactured homes are required to comply with the age provisions set forth in RCW 35A.21.312.

(Ord. 1591 § 644, 2014)

§ 18.250.010 Title.

This chapter shall be entitled "State-Licensed Marijuana Producers, Processors, and Retailers."

(Ord. 1591 § 645, 2014)

§ 18.250.020 Application.

This chapter applies to state-licensed marijuana producers, processors, and retailers.

(Ord. 1591 § 646, 2014)

§ 18.250.030 Purpose.

(Ord. 1591 § 647, 2014)

§ 18.250.040 Authority.

This chapter is adopted pursuant to chapter 69.50 RCW and other applicable Washington laws.

(Ord. 1591 § 648, 2014)

§ 18.250.050 Definitions.

The definitions provided in RCW 69.50.101 and WAC 314-55-010 are adopted by reference.

(Ord. 1591 § 649, 2014)

§ 18.250.060 Recreational marijuana regulations for producers and processors. [1]

State-licensed marijuana producers and marijuana processors may locate in the City of Des Moines pursuant to the following restrictions:

Marijuana producers and marijuana processors must comply with all requirements of chapter 69.50 RCW, chapter 314-55 WAC, and other applicable Washington laws.

Marijuana producers and processors shall not operate as an accessory to a primary use or as a home occupation.

(Ord. 1591 § 650, 2014; Ord. 1601 § 17, 2014)

[1]

§ 18.250.070 Recreational marijuana regulations for retailers.

State-licensed marijuana retailers may locate in the City pursuant to the following restrictions:

Marijuana retailers must comply with all requirements of chapter 69.50 RCW, chapter 314-55 WAC, and other applicable Washington laws.

Marijuana retailers shall not locate in a building in which nonconforming retail uses have been established in any location or zone other than those referenced in subsection (2) of this section.

Marijuana retailers shall not operate as an accessory to a primary use or as a home occupation.

(Ord. 1591 § 651, 2014; Ord. 1601 § 18, 2014; Ord. 1737 § 14, 2020)

§ 18.250.080 Location of a state-licensed marijuana producer, processor or retailer.

(Ord. 1591 § 652, 2014)

§ 18.255.010 Title.

This chapter shall be entitled "Essential Public Facilities (EPF)."

(Ord. 1697 § 11(part), 2018)

§ 18.255.020 Application.

The purpose of the neighborhood meeting is to:

The applicant is responsible for notifying, facilitating and summarizing the neighborhood meeting pursuant to the following requirements:

Public notice for the neighborhood meeting shall include:

Date, start time, and location of the meeting;

Proposed development name;

Map showing the location of the proposed development and the location of the meeting;

Description of proposed development; and

Name, address and phone number of the applicant or representative of the applicant to contact for additional information.

Any city or town whose boundaries are within one mile of the property on which the EPF is proposed to be located and any contiguous property owned by the applicant; and

Any affected public service agencies and utility providers, federal, state and local governments, and school districts.

The neighborhood meeting shall be held at a location accessible to the public and within a reasonable distance from the boundary of the proposed development.

At a minimum the applicant shall provide at the neighborhood meeting:

Conceptual graphic presentation depicting the layout and design of the proposed development;

Size of the proposed development;

The proposed uses including the square footage;

Project narrative and description;

Site plan;

(F)

Potential expansion areas; and

(G)

Potential impacts and how those impacts will be addressed by the applicant.

The applicant shall prepare a written summary of the neighborhood meeting to be included with the EPF notice required in DMMC § 18.255.070, including:

A copy of the notice of the neighborhood meeting along with a list of persons to whom it was mailed;

A signed affidavit listing the persons who attended the meeting and their addresses if provided; and

A signed affidavit providing a summary of concerns, issues, problems and mitigation expressed during the neighborhood meeting.

(Ord. 1697 § 11(part), 2018)

§ 18.255.070 Essential public facilities – Notification, determination of permit process, and appeal.

An EPF preapplication conference request and fee as listed in the City's fee schedule.

A detailed description of the proposal including:

An explanation of the operations and the need for the proposed facility, why the facility is difficult to site and why it qualifies as an EPF;

Documentation that affected jurisdictions and the public have been notified and given an opportunity to comment pursuant to chapter 18.20 DMMC or equivalent process;

A description of general environmental, traffic and social impacts and proposed mitigation measures;

A description of community amenities proposed;

(vii)

The site's relationship to the projected service area and distribution of similar facilities within that service area;

(viii)

An analysis of the proposal's consistency with the City's Comprehensive Plan and applicable development regulations, and an identification of any inconsistencies;

(ix)

A proposed site plan and vicinity map with current zoning designations; and

A written summary of the neighborhood meeting prepared in accordance with DMMC § 18.255.060(2)(c)(vi).

(Ord. 1697 § 11(part), 2018)

§ 18.255.080 Decision criteria for siting and expansion of essential public facilities.

The City's decision-maker may consider whether the proposal is consistent with the following factors:

The proposal is consistent with the objectives and policies of the Des Moines Comprehensive Plan;

If applicable, the project would serve a significant share of the City's population, and the proposed site will reasonably serve the project's overall service population;

The applicant has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology;

The project is consistent with the applicant's own long-range plans for facilities and operations;

The project will not result in a disproportionate burden on a geographic area;

The project proposes public amenities that benefit the surrounding community;

The applicant has proposed mitigation measures that aid displaced or impacted businesses including assistance in relocating within the City;

The facility satisfies the provisions of this Title for development within the zoning district in which it is proposed to be located, except as provided in this chapter;

The proposal incorporates the principles of Crime Prevention through Environmental Design (CPTED); and

(Ord. 1697 § 11(part), 2018)

§ 18.255.090 Conditions.

Reasonable conditions of approval may include, but are not limited to, the following:

Increase requirements in the standards, criteria, or policies established by this Title;

Impose reasonable conditions necessary to avoid, minimize or mitigate any adverse impacts identified resulting from the project;

Require a special yard or other open space or lot area or dimension;

Limit the height, size or location of a building or other structure;

Designate the size, number, location or nature of vehicle access points;

Designate the amount of street dedication, roadway width or improvements within the street right-of-way;

Designate the size, location, screening, drainage, surfacing or other improvement of parking or vehicle loading areas;

Limit or otherwise designate the number, size, location, and height of lighting of signs;

Limit the location and intensity of outdoor lighting, and/or requiring shielding thereof;

(m)

Require screening, landscaping or another facility to protect adjacent or nearby property, and designate standards for the installation or maintenance of such facility;

(n)

Designate the size, height, location or constituent materials for on-site fencing;

(o)

Protect existing trees, vegetation, water resources, wildlife habitat or other significant natural resources;

(p)

Require provisions for public access, both physical and visual, to natural, scenic and recreational resources;

(q)

Require provisions for stormwater drainage, including designating the size, location, screening, or other improvements of detention ponds and related facilities;

(r)

Impose special conditions on the proposed use to reasonably ensure its conformance with the surrounding neighborhood and the intent and purpose of the underlying zoning district;

(s)

Require provisions of public amenities that benefit the surrounding community;

(t)

Require building and site design changes to increase compatibility with the surrounding neighborhood;

(u)

Require that necessary infrastructure is or will be made available to ensure safe transportation access and transportation concurrency;

(w)

Require that all capital costs associated with on-site and off-site improvements necessitated by the facility are borne by the project sponsor to the extent legally permissible;

Require that the facility not unreasonably increase noise levels in residential areas, especially at night;

(y)

Require visual screening be provided that will mitigate the visual impacts from streets and adjoining properties while using the principles of Crime Prevention through Environmental Design (CPTED);

(z)

Require that probable significant adverse environmental impacts, including but not limited to impacts to wetlands, shorelines and wildlife habitat, are adequately mitigated; and

(aa)

Require conditions to assure that any other applicable criteria set forth in this Title are satisfied.

(Ord. 1697 § 11(part), 2018)

§ 18.255.100 Alternative process – Development agreement.

The public has been notified and given an opportunity to comment in a process as rigorous as that required by chapter 18.20 DMMC and this chapter;

Proof that the applicant has had at least one neighborhood meeting consistent with the requirements of DMMC § 18.255.060 to discuss the proposed EPF;

A description of general environmental, traffic and social impacts and proposed mitigation measures;

The site's relationship to the projected service area and distribution of similar facilities within that service area;

An analysis of the proposal's consistency with the City's Comprehensive Plan and applicable development regulations, and an identification of any inconsistencies; and

A proposed site plan and vicinity map with current zoning designations.

An exemption from the CUP or UUP process shall not be deemed to exempt the EPF from any other applicable city, state and/or federal regulations.

(Ord. 1697 § 11(part), 2018)

§ 18.255.110 Independent consultant review and environmental review.

The City may require independent consultant review of an EPF proposal to assess its compliance with applicable regulations and the requirements of this chapter.

The applicant may, at its expense and to the extent determined by the City, provide additional studies or other information.

Any applicant applying for an EPF shall pay the cost of environmental review and studies necessary under SEPA, pursuant to chapter 16.05 DMMC.

(Ord. 1697 § 11(part), 2018)

§ 18.255.120 Decision timing.

(Ord. 1697 § 11(part), 2018)

§ 18.255.130 Building permit application.

The applicant shall expressly hold the City harmless and accept all financial risk associated with preparing and submitting construction plans before a final decision is made under this chapter.

(Ord. 1697 § 11(part), 2018)

§ 18.255.140 Suspension or revocation of permit.

(Ord. 1697 § 11(part), 2018)

§ 18.195.010 Title.

This chapter shall be entitled "Landscaping and Screening."

(Ord. 1591 § 412, 2014)

§ 18.195.020 Application.

Construction of a new building or structure;

Expansion of an existing building or structure where such expansion contains 20 percent or more of the floor area of the existing building or structure;

Creation or expansion of a parking area or other paved surface; and

Creation or expansion of an outdoor use, activity, or storage area.

Exceptions. The provisions of this chapter shall not apply in the following circumstances:

Single-family residential development activities shall not be subject to the provisions of this chapter except as may be specifically required by any section.

The irrigation requirements of DMMC § 18.195.080 shall apply only to construction of a new building or structure or expansion of an existing building or structure.

Boundaries and dimensions of the site;

Location and identification of all streets, alleys, sidewalks, and easements abutting the site, including dimensions;

Proposed topography at a maximum of five-foot contours;

Proposed location and dimensions of all on-site buildings including height of structures and distance between buildings;

Details of any proposed architectural barriers;

Dimensions and location of storage and trash areas, loading docks, exterior utility installations, and mechanical equipment;

Layout and dimensions of all parking stalls, easements, access ways, turnaround areas, driveways, and sidewalks on-site;

Percentage of landscaping for total site and net square footage of parcel;

Proposed landscaping including location, species, and size at time of planting;

Irrigation plan, indicating the location of pipes, sprinkler heads and pumps, pipe size, head capacity, water pressure in pounds per square inch at the pump and sprinkler heads, and timer system.

(Ord. 1591 § 413, 2014; Ord. 1611 § 16, 2014)

§ 18.195.030 Purpose.

(Ord. 1591 § 414, 2014)

§ 18.195.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 415, 2014)

§ 18.195.050 Required – All zones.

(Ord. 1591 § 416, 2014)

§ 18.195.060 Storage areas.

(Ord. 1591 § 417, 2014; Ord. 1655 § 16, 2016)

§ 18.195.070 Use of nonvegetative material.

(Ord. 1591 § 418, 2014)

§ 18.195.080 Irrigation.

All landscape areas shall be irrigated by a permanent, underground sprinkler or drip watering system complete with automatic controls.

(Ord. 1591 § 419, 2014)

§ 18.195.090 Drainage.

Required landscaped areas shall be provided with adequate drainage.

(Ord. 1591 § 420, 2014)

§ 18.195.100 Slopes.

Slopes shall not exceed a 3:1 ratio (length to height) in order to decrease erosion potential and assist in ease of maintenance.

(Ord. 1591 § 421, 2014)

§ 18.195.110 Tree retention.

(Ord. 1591 § 422, 2014; Ord. 1611 § 17, 2014)

§ 18.195.120 Microclimate.

(Ord. 1591 § 423, 2014)

§ 18.195.130 Scenic view preservation.

Repealed by Ord. 1611.

(Ord. 1591 § 424, 2014)

§ 18.195.140 Landscaping adjacent to freeways.

A Type II landscaping strip with a minimum width of 25 feet shall be provided adjacent to freeways within all zones except Single-Family Residential and R-SE Zones.

(Ord. 1591 § 425, 2014; Ord. 1695 § 5, 2017)

§ 18.195.150 Landscaping adjacent to Single-Family Residential and R-SE Zones.

(Ord. 1591 § 426, 2014)

§ 18.195.160 Unused portions of building sites.

All portions of a building site not devoted to a building, future building, parking, storage, or accessory uses shall be landscaped in a manner appropriate to the stated purposes of this chapter.

(Ord. 1591 § 427, 2014)

§ 18.195.170 Landscaping adjacent to required fencing.

(Ord. 1591 § 428, 2014)

§ 18.195.180 Setback from street lights, fire hydrants, and public works.

(Ord. 1591 § 429, 2014)

§ 18.195.190 Driveway and street intersections.

To ensure that landscape materials do not constitute a safety hazard, such materials shall not be located in conflict with the sight areas at intersections established by chapter 12.15 DMMC.

(Ord. 1591 § 430, 2014)

§ 18.195.200 Curbing.

(Ord. 1591 § 431, 2014; Ord. 1671 § 16, 2017)

§ 18.195.210 Maintenance.

(Ord. 1591 § 432, 2014)

§ 18.195.220 Single-Family Residential and R-SE Zones.

In all subdivisions and planned unit developments (PUDs) a minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting arterial streets.

In all planned unit developments:

A minimum 10-foot Type I landscaping strip between residential and commercial uses shall be provided;

A Type II landscaping strip an average of 10 feet but not less than seven feet in depth shall be provided between single-family residential and multifamily residential areas;

Parking facilities in planned unit developments shall be landscaped as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 433, 2014)

§ 18.195.230 Attached Townhouse and Duplex Residential, RA-3,600 Zone.

A minimum 10-foot Type III landscaping strip shall be provided along all property lines abutting public rights-of-way excluding alleys.

A minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting a Residential Zone.

Within a townhouse development, the following landscaping requirements shall apply:

A minimum 10-foot Type III landscaping strip shall be provided along all perimeter property lines abutting public rights-of-way excluding alleys.

A minimum five-foot Type II landscaping strip shall be provided along all perimeter side and rear property lines.

Parking facilities in townhouse developments shall be landscaped as prescribed in DMMC § 18.195.360, Landscaping of parking facilities.

(Ord. 1591 § 434, 2014)

§ 18.195.240 Multifamily Residential, RM-2,400 Zone.

A minimum 10-foot Type III landscaping strip shall be provided along all property lines abutting public rights-of-way excluding alleys.

A minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting Single-Family Residential or R-SE zoned properties.

A minimum five-foot Type II landscaping strip shall be provided along all property lines abutting RA or Multifamily Residential zoned properties.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 435, 2014)

§ 18.195.250 Multifamily Residential, RM-1,800, RM-900, RM-900A Zones.

A minimum five-foot Type III landscaping strip shall be provided along all property lines abutting public rights-of-way.

A minimum 10-foot Type II landscaping strip shall be provided along all property lines abutting Single-Family Residential or R-SE zoned properties.

A minimum five-foot Type II landscaping strip shall be provided along all property lines abutting RA or Multifamily Residential zoned properties.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 436, 2014)

§ 18.195.260 Restricted service, RM-900B Zone.

The perimeter of property abutting a Residential Zone shall provide a Type I landscaping strip to a minimum depth of 10 feet.

A Type III landscaping strip not less than five feet in depth shall be provided along all property lines abutting public rights-of-way excluding alleys.

A Type II landscaping strip not less than five feet in depth shall be provided along all property lines adjacent to other RM-900B Zones and public or institutional uses.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 437, 2014)

§ 18.195.270 Neighborhood Commercial, N-C Zone.

The perimeter of properties abutting a Residential Zone or public or institutional uses shall provide a Type I landscaping strip to minimum depth of 10 feet.

A Type III landscaping strip an average of five feet but not less than three feet in depth shall be provided along all property lines abutting public rights-of-way excluding alleys.

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1591 § 438, 2014)

Parking facilities landscaping as prescribed in DMMC § 18.195.360.

(Ord. 1618-A § 11, 2015)

§ 18.195.330 Public or institutional uses.

A Type I planting strip not less than 10 feet in depth shall be provided along all property lines abutting a Residential Zone unless waived by the residential property owner.

Landscaping shall be provided within all surface (open air) parking lots, as follows:

For off-street parking facilities providing 10 or fewer parking stalls, the interior coverage requirements stated in this section shall not apply.

Trees shall number not less than one for each five parking stalls, to be reasonably distributed throughout the parking lot.

A minimum of 40 percent of the trees shall be evergreen.

(Ord. 1591 § 447, 2014)

§ 18.195.370 Types of landscaping required.

(Ord. 1591 § 448, 2014)

§ 18.195.380 Type I – Solid screen.

(Ord. 1591 § 449, 2014)

§ 18.195.390 Type II – Visual buffer.

(Ord. 1591 § 450, 2014)

§ 18.195.400 Type III – See-through buffer.

(Ord. 1591 § 451, 2014)

§ 18.195.410 Marina District.

(Ord. 1591 § 452, 2014)

§ 18.195.420 Modification of landscaping requirement(s).

The Planning, Building and Public Works Department may authorize reduced width of plantings or waive some or all landscaping requirements in the following instances:

When the inclusion of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this chapter;

(Ord. 1591 § 453, 2014; Ord. 1655 § 17, 2016)

§ 18.195.425 Landscaping for essential public transportation facilities.

(Ord. 1695 § 6, 2017)

§ 18.195.430 Landscape performance requirements.

It shall be the responsibility of the project manager or business owner to contact the Planning, Building and Public Works Department upon completion of the landscaping work and request inspection.

The Planning, Building and Public Works Department may inspect the landscaping upon request of the project manager or business owner or at any time after the expiration of the extension date.

(Ord. 1591 § 454, 2014)

§ 18.195.440 Enforcement.

This chapter shall be enforced in the manner specified in DMMC § 18.01.080 through § 18.01.110.

(Ord. 1591 § 455, 2014)

§ 18.195.450 Solid waste container screening required in Multifamily Residential and Commercial Zones.

(Ord. 1591 § 456, 2014)

§ 18.195.460 Area for solid waste containers required.

(Ord. 1591 § 457, 2014)

§ 18.195.470 Location of private solid waste containers.

No solid waste container in Multifamily or Commercial Zones shall be located upon a public right-of-way or within a designated driveway or private access street.

(Ord. 1591 § 458, 2014)

§ 18.195.480 Location and screening of public solid waste containers.

(Ord. 1591 § 459, 2014)

§ 18.195.490 Exemptions.

Solid waste container screening shall not be required for the following:

Single-family residences when solid waste containers 90 gallons or less are used;

Mobile home parks when individual solid waste containers 90 gallons or less are used and such containers are located adjacent to the dwelling unit they serve;

Temporary construction solid waste containers during the period of land clearing, grading, and construction;

Temporary solid waste containers used for a period not exceeding 30 days;

Containers, including street furniture, in Commercial and Multifamily Zones that have been approved by the Planning, Building and Public Works Director as to design and location.

(Ord. 1591 § 460, 2014)

§ 18.200.010 Title.

This chapter shall be entitled "Signs."

(Ord. 1591 § 461, 2014)

§ 18.200.020 Application.

This provisions of this chapter shall be applicable to all zones as set forth herein.

(Ord. 1591 § 462, 2014)

§ 18.200.030 Purpose.

To protect the right of business to identify its premises and advertise its products through the use of signs without undue hindrance or obstruction.

To encourage the design of signs that attract and invite rather than demand the public's attention and to curb the proliferation of signs.

To encourage the use of signs that enhance the visual environment of the City.

To assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement.

"Changing message center"

(Ord. 1591 § 463, 2014)

§ 18.200.040 Authority.

This chapter is adopted pursuant to the provisions of chapters 35.63, 35A.63 and 36.70A RCW and other applicable laws.

(Ord. 1591 § 464, 2014)

§ 18.200.050 Definitions.

"Abandoned sign"

means a sign that no longer correctly identifies, exhorts, or advertises any person, business, lessor, owner, product, or activity conducted or available on the premises where the sign is located.

"Advertising copy"

"Awning"

means a cloth structure attached to, supported by, and projecting from a building and providing protection of the weather elements. Also called a "canopy."

"Awning sign"

means any sign which forms part of or is integrated into an awning and which does not extend beyond the limits of the awning.

"Building"

means a roofed and walled structure built for permanent use.

means an electronically controlled message center with different copy changes of a public service or commercial nature.

"Comprehensive design plan"

means building, design, landscaping, and signs integrated into one architectural plan, the Comprehensive Plan being complete in all other building, structural, and electrical requirements.

"Double-faced sign"

means a sign that has a sign on opposite sides of a single display surface or sign structure.

"Electrical sign"

means a sign or sign structure in which electrical wiring, connections and/or fixtures are used as part of the sign proper.

"Facade"

"Flashing sign"

"Freestanding sign"

means a sign attached to the ground and supported by uprights placed on or in the ground.

"Frontage"

means the measurement of the length of the property line along a street.

"Grade"

means the elevation as measured at the relative ground level in the immediate vicinity of the sign.

"Ground sign"

means a freestanding sign that is less than five feet in height.

"Incidental sign"

"Information sign"

"Inspector"

includes any City employee working under the authority and direction of the City Manager or the City Manager's designee.

"Landscaping"

"Mansard roof"

means a sloped roof or roof-like facade architecturally able to be treated as a building wall.

"Marquee"

"Marquee sign"

means any sign which forms part of or is integrated into a marquee and which does not extend beyond the limits of the marquee.

"Monument sign"

"Multiple-building complex"

"Multiple business property"

means a single property housing more than one retail business, office, or commercial venture in a single structure; but not including residential apartment buildings or shopping centers.

"Off-premises directional sign"

means a sign erected for the purpose of directing pedestrian or vehicular traffic to a facility, service, or business located on other premises.

"On-premises sign"

"Perimeter"

means the boundary lines used to define the extent of an area.

"Person"

means any person, firm, partnership, association, corporation, company, institution, or organization.

"Pole sign"

"Portable sign"

means a sign which is not permanently affixed and is designed for or capable of being moved, except those signs explicitly designed for people to carry on their person.

"Premises"

means the real estate (as a unit) which is involved by the sign or signs mentioned in this chapter.

"Projecting sign"

means a sign which is attached to and projects more than one foot from a structure or building face.

"Public commercial parking area"

"Reader board"

means a sign face designed with readily changeable letters allowing frequent changes of copy either manually or electronically.

"Real estate sign"

means a portable or freestanding sign erected by the owner or his agent advertising the real estate upon which the sign is located for rent, lease, or sale or directing to the property.

"Revolving sign"

means a sign which rotates or turns in motion in a circular pattern.

"Roof line"

means the top edge of a roof or parapet; the top line of a building silhouette.

"Roof sign"

means a sign supported by and erected on or above the roof line of a building or structure.

means the vertical distance from grade to the highest point of a sign or any vertical projection thereof, including its supporting columns.

"Sign structure"

means any structure which supports or is designed to support any sign as defined in this chapter. A sign structure may be a single pole and may or may not be an integral part of the building.

"Single business property"

means a single structure housing one business located on a single property without shared access and/or parking facilities.

"Street"

means a right-of-way, dedicated to the public use, which provides vehicular access to adjacent properties.

"Street frontage"

means the linear frontage of a single parcel of property or common development site abutting a public street.

"Temporary construction sign"

"Temporary sign"

"Under marquee sign"

means a sign attached to and suspended from the underside of a marquee or canopy.

"Wall sign"

(Ord. 1591 § 465, 2014)

§ 18.200.060 Required.

(Ord. 1591 § 466, 2014)

§ 18.200.070 Exemptions.

The changing of the advertising copy or message on a lawfully erected, painted, or printed sign, theater marquee, or similar signs specifically designed for the use of replaceable copy.

Temporary decorations customary for special holidays, such as Christmas and Independence Day, erected entirely on private property.

Real estate signs subject to the following requirements:

Signs shall not exceed eight square feet in Residential Zones and 24 square feet in Commercial Zones.

Signs shall be limited to one sign per street frontage on the premises for sale, lease, or rent, and five portable directional signs to such property.

Portable off-premises directional real estate signs providing directions to an open house at a specified residence or commercial building that is offered for sale or rent are permitted only when:

Each sign does not exceed four square feet in area and 36 inches in height.

The agent or seller is physically present at the property for sale or rent.

The total number of directional signs is limited to five.

Each sign if located in the public right-of-way is subject to the requirements and regulations of subsections (12)(e) through (k) of this section.

The signs may only be in place on the day of the open house.

Political signs subject to the following requirements:

It shall be the responsibility of the candidate to have the signs removed.

One nonelectrical and nonilluminated business identification wall sign not over 36 square feet in area if allowed in that zone.

One on-premises nonilluminated bulletin board not over 24 square feet in area for a charitable or religious organization.

Memorial signs or tablets, including names of buildings, and date of erection when cut into a masonry surface or when constructed of bronze or other noncombustible materials.

Portable signs located in the public right-of-way subject to the following requirements:

Signs shall not be affixed to the ground, including through the use of stakes or other means that may damage property.

No more than two signs are allowed per business and no person may have more than two signs at any one time.

Sign area shall neither exceed six square feet per sign face nor 36 inches in height.

Signs are allowed only during the hours of operation of the business or for the duration of special events and must be taken indoors each day.

Signs shall not be placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian sight line views, or travel.

Signs shall not be placed in street medians or traffic islands.

Signs shall have a professional appearance and be maintained in good condition so as to preserve the aesthetic value of the total environment.

Signs shall have a name and contact phone number or other contact information on them.

Signs used exclusively for:

Official traffic control devices and their support structures installed by the City Traffic Engineer or state.

Signs not intended to be viewed from and not readable from off premises.

Window merchandise displays.

Point-of-purchase advertising displays, such as product dispensers.

National flags, flags of political subdivisions and symbolic flags of an institution.

Barber poles.

Historic site markers and plaques.

(21)

Gravestones.

(22)

Structures intended for separate use, such as phone booths.

(23)

Identification signs upon recycling collection containers or other collection containers for public, charitable or nonprofit organizations.

(24)

Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable motor vehicle operating in the normal course of business.

(25)

Sculptures, fountains, mosaics, or other public art features that do not incorporate advertising or identification of a business or product.

(26)

Temporary construction signs subject to the following standards:

Sign shall not exceed 32 square feet.

No more than one sign is allowed per street frontage.

Sign shall be removed upon completion of the project, except as provided in DMMC § 18.200.140.

(Ord. 1591 § 467, 2014; Ord. 1655 § 18, 2016)

§ 18.200.080 Sign permit applications.

Applications for sign permits shall be made to the City Manager or the City Manager's designee upon forms provided by the City.

Applications for sign permits shall be accompanied by:

Two site (plat) plans showing the location of the affected lot, building or buildings, and sign or signs, showing both existing signs and awnings and the proposed sign;

Written consent of the owner of the building, structure, or property where the sign is to be erected;

A permit fee as set by written administrative directive.

Exceptions.

The City Manager or the City Manager's designee may waive submission of plans and specifications when the structural aspect is of minor importance.

If the sign to be installed is to replace a nonconforming sign, the permit and plan check fees may be waived at the discretion of the City Manager or the City Manager's designee.

(Ord. 1591 § 468, 2014)

§ 18.200.090 Inspections.

All signs controlled by this chapter are subject to periodic inspection by the inspector. The inspector shall keep records reflecting inspection dates and results thereof.

Footing inspections shall be made by the inspector for all signs having footings.

Every new sign shall bear the permit number and date of issue prominently and permanently affixed.

Every temporary sign requiring a permit shall bear a legible notation of its expiration date.

If the inspector is required to reinspect a new installation due to no fault of the inspector, a reinspection fee shall be charged in accordance with administration directive.

(Ord. 1591 § 469, 2014)

§ 18.200.100 Variances.

(Ord. 1591 § 470, 2014)

§ 18.200.110 Special use permits.

The City Manager or the City Manager's designee is authorized to grant a special use permit for the following purposes:

Off-premises directional signs advertising group sales of single-family residences or condominiums; provided, the following conditions shall apply:

Each sign permitted under this section may contain two sign faces, each of which is no larger than 16 square feet, and no more than two signs per group sale shall be permitted;

The maximum height of any such sign shall be eight feet from grade;

(Ord. 1591 § 471, 2014)

§ 18.200.120 Purpose.

(Ord. 1591 § 472, 2014)

§ 18.200.130 Application – Supplementary material.

Applications for comprehensive design plan permits shall be submitted on forms provided by the City Manager or the City Manager's designee and shall be accompanied by the following:

A narrative describing the proposed plan, including, but not limited to, the following information:

How the physical components of the sign structure relate to the copy area, detailing legibility and readability factors based on traffic speed, sign placement, and letter size;

How the sign(s) relate to the immediate surroundings, including buildings, other signs, landscaping, and other decorative features;

How the sign or signs relate to the desired land use characteristics promoted by the Comprehensive Plan and this chapter;

How the elements and design of the sign(s) promote and enhance the overall design theme established by the adopted design guidelines for the Marina District or the Pacific Ridge neighborhood;

Evaluation of potential adverse effects on adjacent property.

Regular sign permit application.

(Ord. 1591 § 473, 2014)

§ 18.200.140 Criteria for granting.

The City Manager or the City Manager's designee shall employ the following criteria when evaluating the proposed comprehensive signage plan;

Whether the sign or signs promote the planned land use in the area of the subject property and enhance the aesthetics of the surrounding area;

Whether the sign placement and size obstructs or interferes with any other signs or property in the area or obstructs natural or scenic views;

(Ord. 1591 § 474, 2014)

§ 18.200.150 Structural requirements.

The structure and installation of all signs within the City shall be governed by the applicable provisions of Title 14 DMMC.

(Ord. 1591 § 475, 2014)

§ 18.200.160 Prohibited signs.

The following signs are prohibited:

Abandoned signs;

Signs or sign structures, which by coloring, shape, wording, or location resemble or conflict with official traffic control signs or devices;

Signs that create a safety hazard for pedestrian, wheelchair, bicycle, or vehicular traffic;

All flashing signs;

Off-premises signs, except as provided in DMMC § 18.200.260; or any one sign for a Des Moines business that is 12 square feet or under;

Roof signs, except in Pacific Ridge; provided, that signs do not exceed the allowable building height or freestanding signs standards in DMMC § 18.200.300(1);

All portable reader board signs;

Strings of pennants, banners, posters, ribbons, streamers, balloons, spinners, searchlights, or other devices of a carnival nature, except as provided in DMMC § 18.200.110;

Home occupation signs;

Any sign that is not specifically permitted by this chapter.

(Ord. 1591 § 476, 2014; Ord. 1603 § 1, 2014)

§ 18.200.170 Maintenance.

All signs, together with all of their supports, braces, guys, and anchors, shall be maintained in good repair and in a safe, neat, clean, and attractive condition.

(Ord. 1591 § 477, 2014)

§ 18.200.180 Abandoned signs.

(Ord. 1591 § 478, 2014)

§ 18.200.190 Illumination.

(Ord. 1591 § 479, 2014)

§ 18.200.200 Landscaping.

(Ord. 1591 § 480, 2014)

§ 18.200.210 Clearance and sight distance.

(Ord. 1591 § 481, 2014)

§ 18.200.220 Exposed angle irons and guy wires prohibited.

No angle irons, guy wires, or braces used in conjunction with a projecting sign shall be visible, except those which are an integral part of the overall design.

(Ord. 1591 § 482, 2014)

§ 18.200.230 Electronic reader board and changeable message center signs.

Except as provided in subsection (11) of this section, all electronic reader board signs and changeable message center signs shall comply with the following:

Displays may travel horizontally or scroll vertically onto electronic reader boards or message centers, but must hold in a static position for two seconds after completing the travel or scroll.

Electronic signs requiring more than four seconds to change from one single message display to another shall be turned off during the change interval.

Maximum brightness shall not exceed 5,000 nits during daylight hours when measured from the face of the sign and 500 nits from sunset to sunrise when measured from the face of the sign.

Signs shall have programmable dimming capacity.

Audio speakers associated with signs allowed under this section are prohibited.

Signs allowed under this section shall not exceed or be in addition to the total allowable freestanding sign area allowed in the various zones established in Article V of this chapter.

Signs allowed under this section shall not be used as wall signs and shall not be used as individual tenant signs.

Electronic reader board and changeable message center signs shall not be placed on, above, or over the right-of-way.

This section shall not apply to official traffic control devices installed by the City Traffic Engineer or the state.

(Ord. 1591 § 483, 2014)

§ 18.200.240 Bonus provisions.

(Ord. 1591 § 484, 2014)

§ 18.200.250 Signs prohibited on, above, or over right-of-way.

Except as provided in subsections (2) and (3) of this section and DMMC § 18.200.070, § 18.200.300, and 18.200.310, no person shall place a sign of any size or description:

On, above, or over the right-of-way of a City street;

On, above, or over the right-of-way of a state highway;

On a bridge or overpass; or

On a public or utility improvement.

This section shall not apply to official traffic control devices installed by the City Traffic Engineer, or the state.

(Ord. 1591 § 485, 2014)

§ 18.200.260 Placement.

(Ord. 1591 § 486, 2014)

§ 18.200.270 Applicability.

In addition to the provisions in Article IV, the regulations in this article shall apply within the various zones.

(Ord. 1591 § 487, 2014)

§ 18.200.280 Residential.

The following signs are permitted in all Residential Zones:

One nonelectrical identification sign per street frontage not exceeding two square feet which contains no more than the name and address of the dweller or tenant of the residence;

One nonelectric identification sign per entrance to a subdivision; providing, that the sign does not exceed 24 square feet in area;

Signs are allowed as provided in this chapter;

Temporary signs not exceeding 16 square feet per street frontage for nonresidential uses in a Residential Zone;

No pole signs shall be permitted and monument signs may not exceed 10 feet in height except by special use permit. No off-premises signs shall be permitted except as authorized by this chapter;

(Ord. 1591 § 488, 2014)

§ 18.200.290 Neighborhood Commercial Zones.

The following signs are permitted in the Neighborhood Commercial Zone (N-C) and commercially zoned properties located in the Redondo neighborhood:

Revolving signs are prohibited;

Temporary signs are permitted as provided in DMMC § 18.200.070;

Projecting signs are prohibited.

(Ord. 1591 § 489, 2014)

§ 18.200.300 Commercial Zones.

The following signs are permitted in the Pacific Ridge Commercial Zone, Business Park Zone, and all Commercial Zones abutting Pacific Highway South that are not within the Pacific Ridge neighborhood:

Freestanding Signs. For single business properties, multiple-tenant buildings, multiple-building complexes, and shopping centers, freestanding signs are allowed as follows:

Number of Freestanding Signs.

For building sites with up to 300 feet of street frontage, one sign is allowed.

Freestanding Sign Size.

Each sign allowed shall not exceed 100 square feet in area.

For properties with less than 80 feet of street frontage, sign area shall not exceed one square foot of sign area for each lineal foot of street frontage.

Freestanding Sign Height.

For shopping centers and multi-building complexes, freestanding signs shall not exceed 20 feet in height as measured from median sidewalk grade.

Allowed signs, sign area, or sign height may not be transferred from one street frontage to another.

The multiple-building complex or shopping center appears and functions as one building site; and

The monument sign appears and functions as an on-premises sign; and

The approval would not result in additional signs or sign area for the multiple-building complex or shopping center than would otherwise be allowed; and

All monument and wall signs within the multiple-building complex or shopping center conform to the provisions of this chapter.

Freestanding signs shall not be located on, above, nor project over the public right-of-way.

Wall Signs.

Except for buildings containing multiple businesses, wall signage shall not extend horizontally a distance greater than 50 percent of the width of the building wall on which it is displayed.

Allowed wall signage is not transferable from one property to another; except within a shopping center or multi-building complex.

Wall signs shall not be placed higher than 35 feet above median sidewalk grade.

Projecting signs may not project further than six feet from the surface of the building. A right-of-way use permit shall be required for signs projecting over the public right-of-way.

Reader board signs and changeable message center signs are permitted as per the requirements established in DMMC § 18.200.230.

Temporary signs shall be permitted as provided in DMMC § 18.200.110.

(Ord. 1591 § 490, 2014; Ord. 1603 § 2, 2014)

§ 18.200.310 Marina District.

The following signs are permitted on commercially zoned properties within the Marina District as established by the Des Moines Comprehensive Plan:

Each public commercial parking lot may have one sign per street frontage not exceeding 24 square feet in sign area.

Reader board signs and changeable message center signs are permitted as per the requirements established in DMMC § 18.200.230.

Projecting signs may not project further than six feet from the surface of the building. A right-of-way use permit shall be required for signs projecting over the public right-of-way.

Freestanding signs may not exceed 15 feet in height as measured from the sidewalk grade, and shall not be located on or above, nor project over, the public right-of-way.

Temporary signs shall be permitted as provided in DMMC § 18.200.070.

(Ord. 1591 § 491, 2014; Ord. 1737 § 12, 2020)

§ 18.200.320 Removal of unlawful signs – Notice.

(Ord. 1591 § 492, 2014)

§ 18.200.330 Nonconforming signs.