This section, in conjunction with other chapters and sections of the development code of the Edgewood Municipal Code (EMC), provide specific minimal development standards and methodologies for applying development standards.

These development standards are applicable to all land development and uses, including improvements, intensification, changes in use, or building and development permits and land use approvals and actions.

Residential detached accessory structures which are less than 120 square feet in footprint area and no more than 10 feet in height may be placed within the rear or interior yard setbacks with a minimum three foot setback in all zones, unless the zoning district allows a lessor setback. This may include, but is not limited to: garden sheds or greenhouses or combination of both; children's play equipment; arbors; and gazebos. Any accessory structures attached to the primary residential structure must have the same, standard setbacks.

In the residential (R-1/R-2) and mixed residential (MR-1/MR-2) zoning districts, garages and other accessory buildings greater than 120 square feet but not exceeding 1,000 square feet in footprint area, and which do not exceed 14 feet in height, may be placed within the rear or interior yard subject to the following:

Pools, hot tubs, and similar accessory structures may not be located in the rear or interior yard setbacks.

Areas for vehicular ingress and egress serving and adjacent to said accessory buildings shall be designed in such a manner that adequate driver sight distance is ensured.

Every accessory building hereafter erected or moved shall be on a lot with established legal access, located in a manner that provides safe and convenient access for servicing and any required off-street parking.

When required, vehicular access and parking areas shall have a durable surface. Materials meeting LID standards (e.g., permeable pavement and other hard surfaces) shall be used to the maximum extent feasible (per Minimum Requirement No. 5 of the PCM).

Artificially constructed barriers to enclose, screen, or separate areas may be erected within required setbacks as follows, provided fences or other barriers:

Bulkheads and Retaining Walls. Any structure constructed and erected between lands of different elevations which is used to resist the lateral displacement of any material, control erosion, or protect structures may be placed within required setbacks to a maximum height of four feet on front property lines and eight feet on side and rear property lines, provided all applicable site distance requirements and building permit requirements are met.

Access control shall be applied, at the discretion of the community development director or designee, to all street frontages to minimize traffic conflicts and, where appropriate, to preserve on-street parking and promote nonmotorized modes.

For the R-1 and R-2 zones, building height is determined as the vertical distance from the average final grade of a building footprint to the highest point of the structure; except, where a structure is proposed on fill material, final height shall be determined from the existing grade (See Figures 1 and 2).

For the I, BP, C, TC, MUR, MR-1 and MR-2 zones, building height is determined as the vertical distance from the curb level, or the equivalent final grade of a building site at the front of the building to the highest point of the underside of the ceiling. In the case of a flat roof; to the deck side of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.

Height standards shall not apply to religious assembly spires, belfries, and domes; chimneys, household antennas, ventilation stacks, or similar appurtenances that are required to be placed above the roof level.

The height of a fence located on top of a rockery, retaining wall, or berm shall be measured from the top of the fence to the ground on the high side of the rockery, retaining wall, or berm. Net fences, such as those used on golf courses and/or driving ranges, shall not be higher than the maximum building height allowed by the zoning district and shall meet the setbacks required for structures.

Flagpoles shall not exceed 50 feet in height from the average final grade, consistent with subsection A of this section (See Figures 1 and 2). All such poles shall be placed so as to neither obstruct nor obscure adjacent property owners' lines of vision. Such poles shall not display more than three flags at any one time.

The city is responsible for establishing regulations that will result in a variety of housing opportunities. To that end, the city's comprehensive plan contains policies designed to encourage affordable and special needs housing. Not only are a number of regulatory tools available to help stimulate the development of desired housing in the city, but some of these tools offer an additional benefit to the city as a whole in dispersing "qualified" housing such as affordable units throughout the city.

This section applies, at the developer's option, to land use applications for housing in identified zones below, except the construction of a single-family dwelling on one lot that can accommodate only one dwelling based upon the underlying zoning designation. This section shall not apply to adult family homes, nursing and residential care facilities, assisted living facilities and all group homes.

All housing developed under these standards shall meet all applicable federal, local, and state guidelines and requirements for limiting occupancy to identified qualified groups.

Inclusionary Density Bonuses.

A preapplication conference is recommended, although not required, and may be requested by the applicant or city staff, for any land use application that includes a proposal for a density bonus under this program. Density bonus proposals shall be reviewed and approved concurrently with the related primary land use application and shall follow the established procedures for review and appeal, if necessary, of the permit type.

The community development department shall maintain a list of all qualified units created under this program. In conjunction with comprehensive plan review and amendment processes, the level and type of unit production and other factors relating to this program shall be evaluated to gauge how effectively these regulations are functioning and to direct necessary adjustments in the program.

This section establishes landscape maintenance, street trees, and landscaping standards for new construction. The use of landscaping, street trees, and the retention of existing vegetation by property owners reduces visual, noise and lighting impacts, and promotes compatibility between land uses while enhancing the visual appearance of the city. Landscaping protects and enhances critical areas, facilitates aquifer recharge, reduces erosion and stormwater runoff, and helps to define public and private open spaces. Landscaping provides an opportunity for a balanced and harmonious environment for both the local citizens of a community as well as the resident wildlife species of an area. Man has the ability to shape and mold his environment to meet his needs, but often forgoes the need of other species sharing his environment. Proper selection and arrangement of landscaping can emphasize the buildings it surrounds, be pleasing to the eye and still be useful to the birds and other wildlife with a surprising rate of success. By providing a diversity of trees, shrubs and grasses, one can increase the chances of providing a balanced habitat for a greater variety of wildlife, while at the same time provide an aesthetically pleasing visual environment. In addition, proper landscaping can prevent soil erosion, and provide for slope stabilization. Landscaping that incorporates LID practices and standards can provide stormwater runoff reduction, detention, and/or treatment benefits. This section also encourages the use and protection of vegetation native and common to the Puget Sound region while providing policies and standards for the maintenance of natural vegetation and maintenance of landscaping within the city of Edgewood.

This section shall be used in the review of all land development permits with the exception of existing lots that cannot be further subdivided. The requirements for landscaping and street trees are applicable citywide and shall be provided in accordance with the requirements of each individual zoning district and the provisions of this section. In the event a permit is not required for the establishment of a use, the standards of this section still apply.

Exceptions to this section may be allowed at the discretion of the community development director or designee under the following circumstances:

Landscaping Standards.

Plant Standards. Where new landscaping is required, the following plant standards apply:

Irrigation Standards. The intent of this standard is to ensure that plants will survive the critical establishment period when they are most vulnerable to lack of watering and to survive periods of extended drought once they are established.

Landscaping Types. The landscaping types are intended to provide a basic list of landscaping standards that may be applied within a proposed project as necessary to provide for the intent of the comprehensive plan.

Landscaping Regulations by Zoning Districts.

In addition to the requirements of this section, Chapter 18.95 EMC, Design Standards, promotes connectivity between landscape improvements and adjacent sites and buildings.

All street trees shall meet the following standards:

The community development director or designee shall review and may approve, approve with modifications, or disapprove the landscape development plans subject to the provisions of this section. The following plans are required and provide standards for the maintenance and enhancement of natural vegetation in the city:

Water Conservation and Plant Materials. The following guidelines are required to reduce the maintenance cost of a development, enhance the long-term health of plant material and reduce the cost of watering. The intent of this code is to ensure that costly plant material is provided with the opportunity to take the most advantage of natural watering, and therefore reducing the amount of water required to maintain plant material health during the dry season. The intent of this section is to encourage the use of plants native to the Pacific Northwest and introduced plants common to the Pacific Northwest, in that order, to maximize use of rainwater, to reduce general maintenance needs and to encourage the development of landscape designs reflective of our natural surroundings. It is also the intent of this section to encourage the use of drought tolerant plants in landscape designs in order to reduce the amount of water devoted to outdoor watering at a time when population pressures are increasing faster than the water supply.

Maintenance. The following standards shall be followed for the maintenance of on-site landscaping and landscaping on adjacent public right-of-way:

Bonding. In order to guarantee performance of the landscaping requirements, cash bonds or other appropriate security (including letters of credit) in the amount of 125 percent of the estimated cost of the required landscaping shall be required if landscaping is not installed prior to issuance of occupancy permits. The cash bonds or other appropriate security shall be forfeitable by the city if the work is not completed within 90 days of the date of posting of the cash bonds or other appropriate security, or upon such other date as agreed to between the city and the property owner or authorized person acting on the property owner's behalf. In the case where such a cash bond(s) or other appropriate security is forfeited to the city, the proceeds therefrom shall be used by the city to effectuate the landscaping requirements, which were not so completed. Along with the requirement for the cash bond(s) or other appropriate security, the property owner, or authorized person acting on the property owner's behalf, shall agree and consent to entry upon the property by the city or its agents or representatives, in the event of bond forfeiture, and completion of the landscaping requirements by the city or its agents or representatives.

Corner Lots. If a lot abuts the intersection of two or more street rights-of-way, a front yard setback is required abutting each right-of-way. This process is also applicable to a lot fronting a single right-of-way, which simulates a corner lot as shown in Figure 4 below.

In the case of a through lot, a front yard setback is required abutting each street right-of-way (see Figure 5).

Flag Lots. A flag lot shall have setbacks of 20 feet from all property lines for both principal and accessory structures.

Irregular Lots. Where the shape of a lot does not generally conform to the types of lots described above, the city shall make a determination on the location of front, rear, and interior lot line, applicable setbacks and the applicable development standards for the lot.

Within the zoning districts established by this title, or as amended, there may exist lots, uses, and structures that were lawfully established but which no longer conform to the provisions and standards of the zoning district in which they are located. Nonconformities may adversely affect the development and redevelopment of the city consistent with the provisions of the comprehensive plan. This section provides for the regulation of these legally existing nonconformities and attempts to balance the rights of property owners to continue the use of their properties and the perpetuation of uses envisioned under the city's comprehensive plan and this title. These standards specify the circumstances, conditions, and procedures under which such nonconformities are permitted to endure.

This section shall apply to legally existing nonconformities, except the following:

The provisions of this section apply only to nonconformities that were lawful, either by right or by discretionary permit, when initially established and these provisions may not be used as an alternative to removal or cessation of activities, structures, and uses which were illegal at the time of their establishment.

The entire contiguous ownership of land shall be considered as a single parcel of land for determination of nonconformance as a consideration of development. A record of separate lot or parcel boundaries shall be disregarded. It is recognized that the dimensions of some nonconforming lots of record are so constrained that meeting some development regulations such as setbacks would render such lots essentially unbuildable. The city will consider unusual hardships in reviewing applications for such development. Pursuant to EMC § 18.50.080, Variances, variances may be granted in such instances based on individual circumstances and may be conditioned to mitigate any negative effect on the surrounding area.

Nonconforming lots may not be altered in any way that would increase the degree of nonconformity; provided, this does not preclude acquisition or dedication of additional public right-of-way when deemed necessary by the community development director or designee.

Nonconforming Uses. Nonconforming uses may continue to be operated except as provided below. Routine maintenance and repairs may be performed on land or structures containing a nonconforming use. A nonconforming use shall not be changed to another nonconforming use. Nonconforming uses outside of a structure, which occupy only a portion of a lot, may not be relocated to any other portion of the property except as allowed in subsection (G) of this section. Nonconforming uses may not be expanded unless such expansion is required by law or a public agency in order to comply with public health, safety or welfare regulations. All applicable construction permits must first be obtained for any such work.

Nonconforming Use Outside of a Structure – Relocation Without Expansion. A nonconforming use outside of a structure may be fully or partially relocated to another area of the underlying property, but only if such relocation: (1) reduces the degree of nonconformity between one or more parcel lines, and (2) does not expand the total area of the nonconformity. Approval for such relocation may be granted only once per nonconforming use and requires an administrative use permit pursuant to EMC § 18.50.030 in addition to all other applicable regulations.

Nonconforming Structures. Maintenance, minor improvements and minor alterations to nonconforming structures are allowed to prevent them from becoming blighted and having detrimental impacts on the surrounding neighborhood. Nothing in this section shall be construed to prevent the strengthening or restoring to a safe condition of any nonconforming structure or part thereof declared to be unsafe by the building code official or other proper authority. No nonconforming structure shall be moved, altered, or enlarged unless required by law or a public agency in order to comply with public health, safety or welfare regulations. Any such movement, alteration, or enlargement of a nonconforming structure shall be the minimum necessary to achieve compliance with the regulation that is allowing the expansion.

The burden of demonstrating that nonconformity existed on or before February 28, 1996, or is otherwise lawful under this title, rests with the property or business owner. The exact date need not be proven, only that the nonconformity existed on or before February 28, 1996. Additionally, the nonconformity must not have been criminal at the time under city, state, or federal law, nor can it be criminal under current law. Some examples of evidence that may indicate legal nonconforming status include: tax assessment records, construction or other permit records, personal or business income tax records, business license records, dated past advertising, dated business receipts to customers, dated rent receipts, affidavits from neighbors or tenants, testamentary documents, photographs whose date may be clearly ascertained, and other such information which is competent and factual. The city may, at its discretion, request such records from a property or business owner as a basis for determining whether nonconformity was legally established and preexisting.

Termination of Nonconforming Status.

Damage or Destruction.

The transfer of ownership of a nonconforming lot, use, or structure will not alter its legal nonconforming status.

By their nature, nonconformities can be unique and difficult to identify and equitably regulate. If questions arise with regard to nonconforming status or replacement when abandonment, damage, or destruction has occurred, the community development director or designee is hereby empowered to issue case-by-case determinations based on individual circumstances. Such determinations will constitute administrative determinations as set forth in EMC § 18.50.020, Administrative interpretations, and shall be appealable as established in EMC § 18.40.090, Process II – Administrative action.

The community development director or designee is hereby empowered to prohibit or condition any nonconforming use that poses a risk to public health, safety, or the environment, even if the use existed prior to February 28, 1996. The director or designee may also impose conditions to remediate or mitigate any such risks to ensure compliance with current standards.

The storage or parking of a recreational vehicle or a sporting vehicle on any residential premises in any zone that allows residential uses shall be subject to the following standards:

Outdoor Storage Areas and Yards.

The purpose of this section is to regulate parking and loading activities in order to improve traffic circulation and contribute to the public health, safety, general welfare and aesthetics of the City of Edgewood by providing areas for the maneuvering and parking of vehicles. Furthermore, it is the intent of this section to allow the provision of vehicle parking to meet the needs of urban development, but not an excess surplus of spaces, and to promote more efficient use of the city's transportation facilities by encouraging the movement of people from place to place via alternative modes of transportation to the single occupancy vehicle.

Applicability.

Parking Standards.

Parking Plans. Except for applications subject to EMC Title 16, where vehicle parking areas of more than 24 parking stalls are required, the Director or designee may require the applicant to provide a site plan indicating how the parking and loading area meets the requirements described in this section. When requested, such site plans shall accompany the land use or development application(s). The site plan shall show all those elements necessary to indicate that the code requirements will be fulfilled. These code requirements include, but are not limited to, the following:

Parking Study Requirements. When required or otherwise provided by the applicant, this study will contain a recommendation of effective parking management strategies to improve traffic circulation and contribute to the public health, safety, general welfare and aesthetics of the City of Edgewood by providing sufficient on-site areas for the maneuvering and parking of motor vehicles. This study shall have all the elements necessary to indicate that parking needs have been mitigated including, but not limited to:

Residential Parking Infeasibility due to Tree Retention. Residential uses (including residential portions of mixed-use developments) are exempt from the minimum parking standards if compliance with tree preservation (EMC § 18.90.180) would make the proposed development infeasible.

Off-Street Loading Facilities.

Use- and Site-Specific Standards.

Shared Parking Facilities. Joint use of required parking spaces may be permitted where two or more uses on the same site or separate sites in close proximity are able to share the same parking spaces because their parking usage does not materially overlap (e.g., uses primarily of a daytime vs. nighttime or weekday vs. weekend nature). Shared parking shall be legally encumbered and shall meet all of the applicable standards of this section. Joint use of required nonresidential parking spaces may be authorized by the Director or designee if the following documentation is submitted in writing to the community development department:

Parking Space Standards by Land Use.

Performance standards deal with the operational aspects of land uses and their impacts on other adjacent uses, the community, and the general public. The intent of this section is to provide standards and regulations to minimize and mitigate the potential adverse effects to other properties, development, and people.

While performance standards are primarily concerned with the impact of commercial and industrial development upon the environment, performance standards shall apply to all land uses within the city. Continued compliance with the performance standards shall be required of all uses, except as otherwise provided for in this title. No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition. The following elements, if created, may become dangerous, injurious, noxious or otherwise objectionable under the circumstances, and are then referred to as dangerous or objectionable elements:

Uses established before the effective date of this title, which are nonconforming as to performance standards, shall be given five years from the date of adoption of this title in which to conform therewith.

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the dangerous and/or objectionable elements and at any point where the existence of such elements may be more apparent. This is provided, however, that the measurement of performance standards for noise, vibration, odors, glare, or hazardous substances or wastes shall be taken at the property lines and/or at the buffer zone setback line for any hazardous substance land use facility, in all zoning districts.

Restrictions on Dangerous and Objectionable Elements.

The community development director or designee shall have the power to authorize the following procedures prior to the issuance of an application approval:

Permitted Land Development and Construction Activities.

Front lot line is the portion of a lot line abutting a street right-of-way.

Interior lot line is any lot line other than a front or rear lot line.

Rear lot line is the lot line opposite and most distant from the front lot line.

All lots shall contain at least one front yard setback. A front yard setback shall be required abutting each right-of-way on corner lots and through lots. All lots shall contain one rear yard setback except for through lots. All other setbacks will be considered interior yard setbacks.

Projection Exception.

Streetscapes shall be improved as specified in Chapter 18.95 EMC, Design Standards, EMC § 18.90.090, Landscaping, and EMC § 18.90.130, Parking.

The community development director or designee may modify commercial streetscape improvement requirements for structure remodeling or tenant improvements in accordance with Chapter 18.95 EMC, Design Standards, EMC § 18.90.090, Landscaping, and EMC § 18.90.130, Parking, and the following:

Purpose. The purpose of this section is to establish the significant tree preservation requirements necessary when conducting any development or development activity within the city of Edgewood. Specifically, the regulations contained in this section are intended to accomplish the following 10 goals and objectives:

Applicability. In addition to the requirements under EMC Title 14, Critical Areas, and unless otherwise specified in this section, the preservation of certain trees is required for any development or development activity in all zoning districts and shall be provided in accordance with each individual zoning district and the provisions of this section. In the event a permit is not required, the standards of this section still apply.

Exemptions. The following uses and/or activities related to tree preservation are exempt from this section:

Process and Standards. Review and approval for any significant tree removal(s) shall be conducted with the underlying development permit application. If no other development permit is required, a tree removal permit must be obtained.

Determining Significant Trees.

State Environmental Policy Act Requirements. Additional or specific tree retention may be required as SEPA mitigation in addition to the requirements of this section.

Purpose. The purpose of these regulations is to ensure consistency with the City of Edgewood Comprehensive Plan goals and polices for land use, housing, transportation, and the environment. This includes but is not limited to: ensuring that new housing development supports City and regional growth plans to allow for adequate housing supply; encouraging housing design that provides quality living and community spaces that enhance neighborhood livability; and promoting a mix of housing types and diversity of housing units to meet the needs of current and future residents.

Intent. Accessory dwelling units (ADUs) are intended to increase the supply of affordable and independent housing for a variety of households, increase home and personal security, provide additional income opportunities, and provide flexible options for property owners, renters, families, those aging in place, and changing lifestyles of all economic segments of the community. ADUs are intended to be in harmony with existing neighborhoods patterns while meeting personal property needs and ensuring that residential units are of sound quality. This should occur by utilizing the existing infrastructure and community resources throughout the city while protecting the existing character of lower density residential neighborhoods.

Middle Housing. Pursuant to RCW 36.70A.635(5), ADUs are considered a middle housing type.

Procedures. Any landowner seeking to establish an ADU shall apply for and obtain approval in accordance with the following procedures:

General Requirements. The creation of an ADU shall be subject to the following general requirements: