Mountlake Terrace City Zoning Code

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

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

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

External lighting on residential property shall be directed and shielded appropriately to avoid creating a nuisance or hazard to passing traffic and neighboring properties.

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

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

Air emissions from manufacturing uses or other activities shall be controlled. No emissions shall exceed the allowances set forth by the Environmental Protection Agency and/or the Puget Sound Clean Air Agency.

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

Vibration originating from site construction activity;

Vibration from heavy equipment which occurs no more than once daily for a period not to exceed 15 minutes.

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

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

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

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

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

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

An accessory building in excess of 12 feet in height or 200 square feet in area shall feature exterior siding similar in appearance to and compatible with the building materials of the primary structure.

Storage within a carport must be fully enclosed and not visible from the right-of-way or adjoining properties. Tent structures are prohibited for vehicle or storage uses.

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

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

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

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

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

Day care centers shall provide an off-street loading area for the safety of children and separation from vehicular traffic.

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

Exception to Yard Requirements.

Yard Exceptions for Special Lots.

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

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

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

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

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

Barbed Wire and Electric Fences.

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

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

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

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

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

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

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

Garage Sale Signs.

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

Additional Regulations. Additional regulations concerning drainage and erosion control are contained in the City's Stormwater Drainage Ordinance (Chapter 16.20 MTMC), Shoreline Management Act Implementation Ordinance (Chapter 16.10 MTMC), Critical Areas Ordinance (Chapter 16.15 MTMC), Chapter 15.05 MTMC and approved Engineering Details and Specifications as amended.

Purpose. The purpose of this section is to prescribe the conditions and regulations under which home occupations may be conducted when accessory to a residential use. The conduct of business within a dwelling or accessory building may be permitted in residential and commercial districts under the provisions of this section as long as the home occupation is consistent with the existing character of the surrounding neighborhood as defined by the approval criteria. Using the approval criteria, it is the intent of this section to:

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

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

Exceptions. The following activities, so long as they do not exceed three consecutive days in duration and do not operate for more than twelve days in any one calendar year, are exempt from the requirements of this section:

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

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

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

The developer, after coordinating with the local Postmaster, shall submit the approved mail service plan to the City for review. All approved mail service plans shall be in conformance with the City's approved Engineering Development Manual.

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

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

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

Additions – Enlargements.

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

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

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

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

Restoration of a Damaged Building.

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

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

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

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

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

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

Other Nonconformances. For regulations pertaining specifically to nonconforming parking situations, see MTMC § 19.125.030. For regulations pertaining specifically to nonconforming signs, see MTMC § 19.135.050E.

Residential Zones.

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

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

Within any area for which conservation easements have been established by the City, no camping or campfires are allowed.

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

Sight Area Triangle Measurements.

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

Special Cases. Where unusual conditions preclude the application of the foregoing provisions of this section in a reasonable manner, or where special viewing problems may exist, the City of Mountlake Terrace Traffic Engineer will determine an appropriate sight area triangle based on the intent of this section.

New Construction. A certificate of occupancy shall not be issued for new construction until the following are provided in conformance with the regulations of this title, or necessary performance guarantees provided: landscaping, parking and loading, recreational requirements for multiple-household projects, signs, and outdoor storage.

Existing Development. The Director shall have the authority to allow a lesser degree of conformance with the required site improvements listed above prior to the issuance of a certificate of occupancy, for reuse of an existing building in cases where conformance to the standards and specifications listed above renders unreasonable hardship to the property owner or is deemed advisable due to seasonal or economic considerations.

Annexations shall follow the requirements of state law.

The Comprehensive Plan Map shall be used to establish the zoning classification for an area to be annexed. Zoning shall be consistent with the Comprehensive Plan Map.

The City shall adopt zoning for the annexation area in a separate ordinance. The Planning Commission should consider and recommend an appropriate zoning classification to the City Council. The Planning Commission's consideration shall include review for concurrency and consistency of the proposed zoning or use, if known, with the Comprehensive Plan and Map and any applicable levels of service. If the applicant requests a zoning classification other than that shown on the Comprehensive Plan Map the applicant shall make a concurrent application for a Comprehensive Plan amendment.

Intent and Purpose. The intent and purpose of this section is to provide for uses of land and structures on a temporary basis. A temporary use is not exempt from the construction and fire code requirements adopted in MTMC Title 15. Temporary structures or buildings that have mobility gear equipment shall not have said gear removed from the structure and shall not be permanently affixed to the site.

Temporary Accessory Uses – No Temporary Use Permit Required. The following uses may be allowed without a temporary use permit accessory to a permitted use in accordance with the regulations of the zone classification in which it is located.

Temporary Accessory Uses – Permit Required – Peddlers, Solicitors, and Temporary Sales Yards. Any person, firm, organization, or corporation who displays goods for sale, peddles food items, or solicits the sale of goods or wares, including, but not limited to, Christmas trees, flowers, or any food item, and who remains in one location for a period of greater than one hour, shall first obtain a temporary use permit from the Community Development Director and a City business license if required. These businesses shall be conducted only on private commercial or light industrial zoned properties.

Food Vendors – Mobile. To provide for food vendors to operate at a specific location, on a temporary basis, and for a limited period of time.